http://blog.news-record.com/staff/offtherecord/ A forum for an exchange of opinions managed by editorial writer Doug Clark. en Copyright 2008 Wed, 23 Jul 2008 08:40:45 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss It surprised plenty of courtroom observers last week when Judge Henry Frye Jr. sentenced Sidney Lowe II to serve 15 months at the Guilford County prison farm ... ... including Sheriff BJ Barnes. "The first I heard he was going to the farm, I read it in the paper," Barnes said today. The thing is, judges don't make jail assignments, the sheriff said. "It's my decision where I put these people." And he's decided: Lowe is in the downtown jail. "I don't put violent felons at the farm," Barnes explained. "I can't afford to have people out there who could be a problem." The farm, a minimum-security facility, houses nonviolent offenders. Lowe already has caused a problem at the jail, the sheriff said. "Within three days we caught him with a shank in his cell." He's not with the general population but in "segregation," Barnes said, because his lawyers expressed concerns about his safety. Barnes said Lowe will be evaluated "in a few months," and if he's been "compliant," he may be reassigned to the farm. In the meantime, he's not serving the easy time it first appeared he'd get ... ... no doubt a very unpleasant surprise for him and his family. http://blog.news-record.com/staff/offtherecord/archives/2008/07/lowe_ii_isnt_at.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/lowe_ii_isnt_at.shtml Wed, 23 Jul 2008 08:40:45 -0500 Brian Martin to draw some hard time for serious, violent crimes. But, of course, this is an unusual case because of the participation of Sidney Lowe II, son of the N.C. State basketball coach. Judge Henry Frye Jr. let Lowe off easy last week. Will he do the same for Martin, who doesn't have a famous father? Probably not. Martin says Lowe took the lead in the crimes they committed together. After showing Lowe such leniency, Frye can't possibly believe Martin's version of events. I mean, somebody has to be the bad guy, right?]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/will_lowes_code.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/will_lowes_code.shtml Wed, 23 Jul 2008 08:30:38 -0500 My column today: Nationally, the press for High Point University has never been better. “This once-sleepy institution in the hills of North Carolina has undergone a revival in the last couple of years, thanks in part to its jaw-dropping menu of student services,” The Chronicle of Higher Education noted in its July 4 edition. Last week, an Associated Press story from New York about student amenities on college campuses led with HPU. I sent copies of both articles to my 16-year-old niece in Michigan. A college that spoils students with concierge service, valet parking and birthday cake is her kind of place. The news at home, though, has been a little less peachy. Or, as High Point City Councilman Latimer Alexander put it Monday, “The honeymoon, it’s just over.” Alexander and other city officials have been fielding complaints from neighbors of the rapidly expanding university, some of whom feel almost run over. But he’s got his own gripe: Bicycling on West College Drive next to campus on a recent weekend, he was stopped by an HPU security officer who informed him he was on private property. The university is petitioning the city to close West College, but it’s still a public street. Some High Pointers think HPU, led by its energetic, charismatic and irrepressible president, Nido Qubein, is growing too fast with no end in sight. It now covers 140 acres, compared to only 90 just a few years ago. Almost ready to open a residential “village” that will house hundreds of students and offer bowling, movies and a steakhouse across West Lexington Avenue from the main campus, HPU is poised to swallow the College Village Shopping Center next, rumors say. Except the rumors are wrong, Chris Dudley, vice president for community relations, told me Monday (Qubein is out of the country). “The reality is the university has really expanded as much as we’re going to expand,” Dudley said. It may consider acquiring additional properties adjacent to residence halls, but “we really have what we need.” Some neighbors remain unhappy — not surprising if they never counted on living near several hundred college students. Some complained about a new billboard facing their homes. It featured nice-looking college kids, but city officials say it violates the sign ordinance. Construction noise, heavy machinery and more activity naturally disturb nearby residents. And some think the school has become too vigilant about security. “We take very seriously our promise to our parents that we are going to keep our students safe,” Dudley said. Security personnel now discourage pedestrians from cutting through the campus. Alexander noted with concern the college’s tendency to build walls — with bricks and mortar, but in other ways, too. Offering everything students need on campus might keep their dollars out of the cash registers of local businesses. Not so, said Dudley. The university operates a shuttle bus that takes students to Oak Hollow Mall and other retail centers. The concierge service makes reservations for students at High Point restaurants. Summer camp participants from out of town stay at the downtown Radisson. More than a hundred summer program students just attended the premier of “The Dark Knight” at a local theater. Increasing numbers of students and faculty boost High Point’s fortunes. And, area contractors are getting all the construction work. “The university has a $321 million-a-year economic impact, and it’s growing,” Dudley said. Everybody has a point. As a High Point resident, I am amazed and impressed by the university’s dynamic changes. A few years ago, I never would have thought to encourage a niece to apply. There’s a good reason why applications and enrollment are surging. Yet, somehow, contradictions have emerged. While the university often hosts community events like a free, outdoor Arts Council concert Sunday, some in the community feel alienated. While it promotes public service, it risks creating an image of students who are pampered and self-indulgent. While it contributes immensely to High Point’s economy, its appetite for growth unnerves some. I don’t see any impasse that can’t be overcome with time and good will. If HPU’s growth spurt has stopped, neighbors will relax. If more students spend money around town, businesses will benefit. And if the university welcomes the public for cultural and athletic events, or just to enjoy the beauty of the campus, relations will improve. Honeymoons always end. It’s what follows that counts. Thanks for reading. You can call me at 373-7039, email me at dgclark@news-record.com or, even better, post a comment here. ]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/hpus_rapid_grow.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/hpus_rapid_grow.shtml Wed, 23 Jul 2008 03:00:34 -0500 Kay Hagan has video from Coon Dog Day in Saluda. Photos, too. If she wins ...]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/kay_at_coon_dog_1.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/kay_at_coon_dog_1.shtml Tue, 22 Jul 2008 17:28:15 -0500 Update, 5:15 p.m. Tuesday: With Wilkins out, the field of candidates in Ward 2 continues to expand. As of today's filing, the contenders are Julius Clark, Tony Davis, Foster Douglas, Pride Grimm Jr. and Fitzgerald Waller. The complete candidate list for Guilford County elections is here. High Point City Council filing ends Aug. 1 There is no primary in High Point, and no runoff. The candidate with the most votes on Election Day wins. Mathematically, in Ward 2 that could be someone with 20 percent plus one vote ... ... unless even more candidates get in the race. Then the theoretical threshold could drop further. ]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/wilkins_isnt_ru.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/wilkins_isnt_ru.shtml Tue, 22 Jul 2008 08:53:04 -0500 Observer reports. Shirley Prince "would be sorely missed" by Scotland County Schools if she left for Guilford County, board chairman Buck Carter tells the Laurinburg Exchange. What's your opinion about the two candidates?]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/local_press_on.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/local_press_on.shtml Tue, 22 Jul 2008 08:40:33 -0500 strongly defends his agency in response to a critical assessment in Foreign Policy magazine by Robert Strauss. Strauss, a former volunteer and country director, makes a case that the Peace Corps, approaching its 50th anniversary, has never figured out what it wants to be when it grows up. Biting comments: "The reason the Peace Corps is overlooked as a development organization has a lot to do with the youth and inexperience of the majority of its volunteers. Equally important is its unwillingness to decide if it is a development organization or an organization with a mission 'to promote world peace and friendship,' as stipulated by Congress in the Peace Corps Act. It would like to be both, but finds itself falling short on both objectives because it cannot decide which is the more important. "Many Peace Corps staff and volunteers see development work as a burdensome obligation undertaken only to legitimize the cultural exchange aspects of the agency. But without a focus on economic development and an improvement in standards of living, the Peace Corps is really little more than an extended, government-sponsored semester-abroad program. For applicants, the Peace Corps emphasizes the personal experience, not the volunteer’s development impact. That, of course, is not how the Peace Corps pitches itself to foreign governments, to whom it promises significant technical development assistance — only to provide predominantly recent college graduates who may or may not have any useful skills to offer." I don't know much beyond the experience of Andrew and a few of his fellow volunteers in Tanzania 2005-07. It seems to me that two-plus years living without electricity, with limited water, lacking transportation and other conveniences can't be compared to a "semester abroad." He didn't have a "development" job unless teaching math to secondary school students for whom a competent, dedicated teacher is a rarity counts as development. It's developing human potential, isn't it? I don't doubt that some of Strauss' criticisms are valid. The fact is, the Peace Corps doesn't send highly trained, professional development officers overseas. That's why its people are called volunteers and get paid about $5 a day. They live with the locals, like the locals -- a great way to get to know each other. I suppose there are some goofballs who do a lousy job, some who don't last very long away from the comforts of home, some who make such a bad impression they ought to be sent home on the next plane. Maybe there's a better formula. It is remarkable, I suppose, that PC gives volunteers, most of them in their 20s, just three months training then sends them to the middle of nowhere with next to no supervision and often no other Americans nearby and expects them to do tough jobs well on behalf of the U.S. government. The notion might even be crazy. But for the right type of American, that's half the attraction. Any PCVs want to comment on Strauss' assessment?]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/peace_corps_deb.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/peace_corps_deb.shtml Mon, 21 Jul 2008 21:20:45 -0500 Doug McCullough's re-election campaign looks like a book tour. He's promoting "Sea of Greed, the True Story of America's Biggest Drug Raid," his account (with co-author Les Pendleton), of a case he prosecuted as an assistant U.S. attorney in the 1980s. From the Web site: "When the Coast Guard hailed a Gulf Coast shrimp trawler near Cape Lookout, NC on the 4th of July weekend, 1982, the routine stop set in motion a chain-of-events that ended with the U.S. invasion of Panama, overthrow of dictator Manuel Noriega, and one of the biggest drug busts in America’s history. "Now more than 25 years later, the full story is revealed in a gripping true-life account by the man who brought the drug lord to justice. "J. Douglas McCullough, the U.S. attorney who unraveled the Cayman Island cartel, reveals never-before-known facts of the case that began on the docks of the historic fishing village of Beaufort, NC when authorities found a shrimp boat full of marijuana." You can read an excerpt here at metronc.com Judges generally find it hard to attract voters' attention. They don't have televised debates, buy much advertising or hold big campaign rallies. But McCullough has put a few book signings and presentations on his schedule. His book has drawn a bit of press coverage, like this. I can't say a thing about the literary merits of "Sea of Greed," but I can see its potential value to McCullough's campaign. I'd say he's taken a novel approach to running ... except his book isn't fiction.]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/nc_court_of_app.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/nc_court_of_app.shtml Sat, 19 Jul 2008 21:52:14 -0500 coffee source.]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/good_coffee_goo.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/good_coffee_goo.shtml Sat, 19 Jul 2008 06:00:08 -0500 High Point University on her college list, and national publicity like this isn't hurting my case.]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/hpu_keeps_build.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/hpu_keeps_build.shtml Fri, 18 Jul 2008 18:30:18 -0500 hammered President Bush in an interview with Wolf Blitzer, but she threw in an expression typically used by Southerners to soften an otherwise unkind remark: "Well, you know, God bless him, bless his heart, the president of the United States, a total failure, losing all credibility with the American people on the economy, on the war, on energy, you name the subject." I'll leave it to another day to discuss whether Bush has been a "total failure" as president (the record doesn't look good, but "total" is a hard assessment to back up). More interesting for today is Pelosi's sugar-coating of her insulting comment. Her terminology is very familiar to those of us in this part of the country. An entry on the online Urban Dictionary explains. Ed Cone wrote about the expression in his N&R column a few years back: "Another insult, although velveted and used by the sweetest-sounding ladies, is 'bless his heart,' meaning, 'I agree with the unkind thing you have just said but do not wish to say so myself.' "Example: 'That newspaper columnist is as dumb as a box of rocks,' he said. 'Bless his heart,' she replied." Bluegrass artist Sam Bush recorded a song called "Bless his heart." The late, great son of the South, Lewis Grizzard, made liberal use of the phrase, as in: "For years, I thought drive-in theaters were for watching movies out-of-doors. Then I went to one with Kathy Sue Loudermilk, bless her heart. She was a lovely child and a legend before her sixteenth birthday. She was twenty-one, however, before she knew an automobile had a front seat." It surprised me to hear the term coming from San Francisco resident Pelosi. Then I remembered Pelosi was born and raised in Baltimore, close enough to the South to absorb some of its language and manners. She can lay claim to the kindly, cutting expression, and she used it deftly. Bless her heart. ]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/bless_his_heart.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/bless_his_heart.shtml Fri, 18 Jul 2008 10:45:11 -0500 denounced the parody as "tasteless, Islam-a-phobic, mean spirited and racially offensive." Unbelievable. The depiction was a lampoon of the idiots who spread malicious misconceptions about Barack and Michelle Obama. Although The New Yorker is regarded as sophisticated, this was not subtle satire. It should have been simple enough for anyone to get, except possibly for those who are determined to see the Obamas in the worst possible light ... ... and of course, humorless, hypersensitive organizations like the Council for American Islamic Relations. Now I suppose we have to put the NAACP in the same category (if it wasn't already). I don't figure the NAACP is so dense that it didn't understand the message conveyed by the magazine's cover. So it must mean something else by its condemnation of an obvious defense of the Obamas, not an attack on them. My guess: It's warning the media that Obama can't be treated like other U.S. politicians. A different standard applies to him. Even those who are on his side, politically, have to show proper respect. The trouble is, presidents have been lampooned and even mocked for ages. Civil-war era cartoonists often presented unflattering depictions of Lincoln, and I doubt any president has been spared since. Comedians have joined the act. Remember Chevy Chase's portrayals of a bumbling Gerald Ford on "Saturday Night Live"? Dare not pull something like that on Obama, the NAACP says. It would be "racially offensive." The irony is that gag writers already are having a tough time with Obama, The New York Times reported this week. One reason cited is that the earnest Illinois senator isn't "buffoonish" in any way. Another is that audiences seem resistant to jokes about him. Obviously, he's a serious man running for an important job. In some ways, Americans probably have become too irreverent toward their leaders. But let's not head too far in the other direction. We're a people who like to laugh at ourselves -- and our leaders aren't immune. Heaven help us if any barbs directed at Obama are going to be labeled as racially offensive just because he's black. (And, let's not forget, The New Yorker wasn't even skewering Obama.) Come on, NAACP. Get serious ... about humor.]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/lay_off_obama_n.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/lay_off_obama_n.shtml Fri, 18 Jul 2008 08:15:35 -0500 bully bill being debated in Raleigh has been much reported, but one little provision hasn't been mentioned much: "A school employee, student, or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official." Focus on "student ... shall report ..." Your kid is required to snitch. But first, I suppose, he's got to determine whether he actually has witnessed or received "reliable information" of the prohibited behavior. Most kids know what bullying is, but "harassing behavior" is harder to define. The bill says it's a pattern of gestures or written, electronic or verbal communications that does or is certain to create a hostile environment that can impair a student's educational performance, opportunities or benefits. Quite a bit for, say, a third-grader to chew on. So, Johnny hears that Tommy's passing around another nasty note about Susie. The last one said she had hairy legs, this one says she has cooties. He hasn't seen the note, but Frankie told him about it, and Frankie usually knows what's going on. Johnny thinks Susie will be very upset if she finds out and probably won't do well in the third-grade spelling bee on Friday. Does Johnny have to tell on Tommy? If he does, Tommy, who can be a bully, almost certainly will beat him up after school. I know it's bad when kids call each other mean names. When it happened to us, our moms always gave us the "sticks and stones ..." advice. Or, "That's life, kid. You've got to roll with the punches." Now it's, "Tell the teacher if Tommy sticks out his tongue at you. That's harassment. The law says so."]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/bully_bill_requ.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/bully_bill_requ.shtml Thu, 17 Jul 2008 08:46:52 -0500 almost unheard of leniency for serious crimes not only because of who his father is but because of where his father was yesterday ... ... in court with his son. Yes, the senior Lowe's status as N.C. State basketball coach and his financial assets assured that he could hire the best defense attorneys for his son. An ordinary defendant, lacking those advantages, likely would have been given at least the minimum term called for by structured sentencing guidelines. Judge Henry Frye Jr. found extraordinary mitigating circumstances to justify a term of 15 months at the minimum-security Guilford County prison farm. The young Lowe completed drug treatment, apologized and promised to make something great of his life. Anyone could do that. What really seems to separate him from so many other young men pulled into the criminal-justice system is his strong support system including a mother and father, as well as other family members. Maybe they should have done more to keep Sidney II out of trouble in the first place, but it's reasonable to expect they'll do everything possible to keep him out of trouble again after he finishes his 15 months of easy time. He'lll have a better chance than many other defendants who never had a supportive family, let alone a father to embrace him and declare, "I feel I have my son back." ]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/i_believe_sidne.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/i_believe_sidne.shtml Wed, 16 Jul 2008 10:52:40 -0500 House and Senate versions have been buried in committees since they were introduced last year. Interest stirs occasionally, usually after a pregnant woman is murdered. The latest is Megan Lynn Touma, another military woman. The Fort Bragg soldier, seven months pregnant, was found dead June 21 in Fayetteville. No arrest has been made. Last year, a Durham woman was shot to death near her home eight months into pregnancy, and the alleged father was charged with her murder. Also last year, a Wake County woman delivering USA Today newspapers to earn extra money for her family was stabbed to death. “Instead of celebrating the birth of a baby boy who was due Sunday, the family will hold a candlelight vigil tonight near the North Carolina Capitol to call attention to the deaths of Jennifer Nielsen and her 8-month-old fetus, who would have been named Ethen,” USA Today reported. “We’re trying to show these legislators that my grandson died and they’re not even acknowledging his existence,” Nielsen’s father told the newspaper. That’s not quite true. Current law does provide that a person who, in commission of a felony against a woman he knows to be pregnant, causes an injury that results in a miscarriage or stillbirth can be charged with a felony “one class higher” than the felony committed. Of course, in the case of first-degree murder, there is no higher felony. So there’s no additional penalty for killing a pregnant woman. Most states have much stronger laws than that on their books, according to the National Conference of State Legislatures. In Virginia, for example, the conference notes, a 2004 statute “declares that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class 2 felony.” The penalty is five to 40 years in prison. The North Carolina proposal would create a separate offense for killing a pregnant woman and causing the death of “an unborn child.” That term isn’t defined. No evidence would be required to show the accused knew the woman was pregnant or intended to harm the fetus. Opposition to this measure has been quietly effective. Pro-choice advocates see it as a threat, and Democratic legislators clearly don’t want to undermine the foundation of legalized abortion by extending legal recognition to any “unborn child.” I suspect that’s exactly what some proponents of the fetal homicide bill have in mind. Nevertheless, the measure includes language explicitly stating it does not apply to an abortion conducted with the consent of the pregnant woman. That should satisfy people worried about the reach of this initiative. In fact, rather than reject legal protection for a fetus, champions of “choice” should embrace the idea. When a woman chooses to carry a baby to term, she’s assigned the highest value to the developing life within her. Denying the humanity of that person prior to its birth devalues the mother’s decision. How can one be pro-choice but contend the object of choice shouldn’t hold legal status until it appears in the delivery room? Those of us who haven’t experienced the tragedy of losing a loved one to violence can’t understand the horror or anguish, but surely we’d feel a double loss if the victim were carrying a longed-for child. What difference whether it ever drew a breath? Thanks for reading. You can contact me at dgclark@news-record.com or 373-7039. Better yet, post a comment here.]]> http://blog.news-record.com/staff/offtherecord/archives/2008/07/law_should_reco.shtml http://blog.news-record.com/staff/offtherecord/archives/2008/07/law_should_reco.shtml Wed, 16 Jul 2008 03:00:58 -0500