Stressed out

Amazon has only sent me 4 or the eleven books I need for classes that start Monday. Which is perfect. Plus I thought they had already charged me for all of them, so I was spending money, and may not have enough in my account to cover the books, when they decided to charge me for the rest of them.

This sucks very very badly. If anyone in my former Jounranlism class is reading this, I passesd with a C which is a minor miracle, as I sucked very badly at that class. I am proud of myself, for not dropping the class though, and not giving up. I am not the type who usually barrels through adversity. I usually just stop trying, wave the white flag, and go back to reading whatever book I am reading.

I am not gboing to let myself break out into hives about the book,sor the fact my account may go negative over them. It will all work itself out eventually.

Ok, now I am going to go back to reading the Pelican Brief. I have never read it before, but I have read all J.Grisham's other books, even the non legal won's that aren't very good.

Sorry John.

Lucina

This Class

I have learned a lot about the news. How things are written well, or written badly. Sadly, I've learned that journalism is not for me. I can never seem to catch my mistakes, or write without infusing my opinion. I have a brand-new respect for people who do this for a living. I think writing for the news is very confining and saps a person of creativity, having to juggle the endless barrage or arbitrary rules, but on the flip side, I see why those rules exist. For me though, not so good.

Intoxilyze 5000 EN

Lucina Mendez
December 07, 2009
Intoxilyze 5000 EN


The Intoxilyze 5000 EN- The breath test equipment used to establish blood alcohol content in Minnesota DWI cases- has been a sore spot for state prosecutors and defendants alike, as they argue about how the results for the test are reached, and who should be allowed to know how it works.
Criminal defense attorneys have been arguing for over three years, that without the source code (the computer programming that shows how the Intoxilyzer takes a breath sample and turns it into a blood alcohol concentration reading), there is no way to determine if the Intoxilyzer breath test results are accurate.
Defense attorneys argue that without access to the results, there is no way to discover whether the test is accurate or not, and therefore sued the state of Minnesota for access to the device's code as they felt without it results should be inadmissible. Throughout the state, many defense attorneys have asked judges to either grant their discovery requests and force the prosecution to hand over the source code so they could test the accuracy of the results, or suppress the results, with varying degrees of success.
The State argued that it didn’t have the source code, and therefore could not provide the source them. CMI refused the state’s request to view the source code, as it claimed it was a trade secret, and therefore protected under federal copyright laws.







Lucina Mendez
Intoxilyze 5000 EN
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In April 2009 the Minnesota Supreme Court ruled in State v. Brunner that the State had 30 days to produce the source code, or the breath test was going to be suppressed. However, in a similar case, State v. Underdahl, the same Supreme Court said the defense had failed to prove that the source code were relevant to the case and therefore that breath test would not be thrown out without the code.
Last March the State of Minnesota- who has about 260 Intoxilyzer machines, sued CMI, claiming that as part of its contract with the company, it owns part or all of the source code and should have access to it. Only the manufacturer knew how the testing of the Intoxilyzer results worked. Not even the Minnesota Bureau of Criminal Apprehension knew the source codes, nor were they informed when the source codes were changed. Minnesota has about 260 Intoxilyzer machines.
In an ensuing agreement the manufacturer agreed to allow access to the code, those who wanted it could travel to CMI’s main offices in Owensboro, Kentucky and review the software behind the testing process, however, there were restrictions on who could view the code and in what format. On July 16, U.S. District Court Judge Donovan Frank published his opinion approving a settlement between the State of Minnesota and CMI.
Federal judge Donovan Frank, ruled that the agreement would not make “the source code reasonably and readily available to Minnesota litigants,” and subsequently threw out the settlement.

Lucina Mendez
Intoxilyze 5000 EN
Page 3

The Intoxilyzer passes a beam of infrared light over a breath of air from your lungs - and then measuring how much light comes back compared to how much was sent out, the Intoxilyzer analyzes how much energy was absorbed at each wavelength, and therefore the concentration of alcohol in your body. This is because alcohols molecules absorb light consistently at the same rate. The other molecules found in our breath-like water and carbon dioxide-don't do this.
Even if the Intoxilyzer machine is working perfectly when you blow into it, your Intoxilyzer test results STILL might not be accurate! Characteristics like being female or diabetic can artificially raise Intoxilyzer results.
Lung capacity has a lot to do with the results reported by the Intoxilyzer; as it’s measuring how much light comes back through a sample of air from your lungs. However, alcohol enters the lungs through tiny sacs, which are located in the lower end of the lungs. So, the air that comes from the top of your lungs has a lower alcohol concentration than the air at the bottom of your lungs. The bigger your lungs are, the bigger portion of the 1.1 liters of air required to fill the Intoxilyzer is coming from the "top" of your lungs. The smaller your lungs are, the more you have to dip into the bottom of your lungs to give a breath sample of 1.1 liters. This means that women, whose lungs are typically smaller than men's, can end up with higher Intoxilyzer test results.





Lucina Mendez
Intoxilyze 5000 EN
Page 4


Also, body temperature can affect Intoxilyzer results. This means that women, whose body temperatures can fluctuate during menstruation as much as 7.2 degrees Fahrenheit, can raise their breath test results by up to 25 percent.
Diabetics can have a substance known as ketone bodies in their breath, which is known as the condition ketosis. Ketone bodies are naturally occurring molecules in human bodies, but sometimes diabetics have large quantities of these molecules in their bodies, as do individuals with high fat diets or eating disorders. Ketone bodies absorb light in a manner similar to that of alcohol; as a result diabetics can have Intoxilyzer test results that read higher than their breaths actual alcohol content.
“In any case involving a breath test, I will obtain the calibration records, maintenance history, and accuracy checks of the machine that was used to test my client. If there are problems in any of these areas, the results may be excluded. If it is a blood test, I insist upon obtaining a "split" of the blood sample for independent testing. There are certain requirements about how these blood samples are to be taken and preserved. If there is an inadequate level of preservative or anti-coagulant, the blood may actually ferment and produce its own alcohol, rendering the results completely meaningless,” explains Attorney Darren T. Kavinoky, a Criminal Defense Lawyer and legal expert on DUI based out of California.

Lucina Mendez
Intoxilyze 5000 EN
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In July 2009 Judge Frank approved the latest settlement between the state of Minnesota and the maker of a breathalyzer device, he claims that, "Minnesota litigants will have reasonable and, in fact, unprecedented access to the Source Code for the Intoxilyzer, while CMI's intellectual property rights will be protected."

CMI agreed to make the code available in Minnesota in a printed, hardbound version. The full electronic version of the code will be still be available at their headquarters .The agreement contains a provision requiring good-faith negotiations, and if Minnesota litigants believe they need more access to the code and cannot resolve the dispute, they can seek an order from the court.
The Minnesota Society of Criminal Justice, a group of about 50 defense attorneys, argued the settlement doesn't provide meaningful access to the code because CMI doesn't make the electronic version available in Minnesota, only a paper version. The group feels that the paper copy would be useless for analytical purposes.
The Bureau of Criminal Apprehension conducted extensive Intoxilyze instrument validation testing before the machine was approved for use in Minnesota, including tests using simulator solutions having a known alcohol concentration, as well as testing on live subjects. Based on the results of this validation testing, the BCA concluded that the instrument performed properly, yielding accurate and reliable breath-alcohol measurements, and the Commissioner approved it for use in the State of Minnesota.
Lucina Mendez
Intoxilyze 5000 EN
Page 6

On July 18th, the Minnesota Society for Criminal Justice-a group of defense attorneys-voted to hire experts to travel to CMI headquarters in Owensboro, Kentucky to analyze the Intoxilyzer 5000 Source Codes. In the meantime, Department of Public Safety is preparing to hire an expert to perform an independent analysis should any issue be identified by the defense experts.
Other issues that exist when using the Intoxilyze 5000, and CMI newest model, the Intoxilyze 8000- is the underlying physical principle of the Intoxilyzer known as "Henry's Law," that states that the concentration of a volatile chemical in vapor above a solution is proportional to the concentration of the chemical in the solution. This is true in the laboratory, but in humans, the proportions can vary by as much as 50 percent.
According to a study conducted by Dr. Stefan Rose and Dr. Kenneth Furton "Henry's Law does not apply in the lungs. In order for Henry's Law to apply, three conditions must be met. One, the solution must be in a closed system, like a sealed bottle. The lungs are open, not closed. Two, the solution must be kept at a known, constant temperature. The lung temperature is never known, and the temperature is always changing. And three, the pressure must be kept constant. The lungs are always changing pressure, decreasing pressure to inhale and increasing pressure to exhale. Without all three conditions present, it is not possible for equilibrium to occur, and Henry's Law does not apply."


Lucina Mendez
Intoxilyze 5000 EN
Page 7

If you hyperventilate three times before you blow into the machine, you will reduce your breath alcohol by as much as 55%, according to Furton and rose. This occurs for two reasons. First the breaths cool off your lungs. When the lung tissues are cooler, less alcohol goes from liquid form into vapor. The result is a lower breath alcohol. Second, the breaths clear out the alcohol from your lungs, filling them with fresh air. Also by holding your breath before taking the test your breath alcohol could be increased.
A DWI in Minnesota is defined as driving with a blood alcohol content- or BAC- of .10 or higher. The most common charge is a fourth degree DWI, meaning that you have no prior DWI license revocations, and you agreed to take the Intoxilyze 5000 tests, and your BAC was below .20. A fourth degree offense is considered a misdemeanor which is punishable by up to 90 days in jail and a $1,000 fine, as well as a license suspension of 90 days.
As of August 2005, all states have DUI laws that deem "per se intoxicated"- any driver with a BAC at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. Implied consent laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.


Lucina Mendez
Intoxilyze 5000 EN
Page 8


Kari Taylor, who received a DUI in Anoka County in 2007, recalls her experience getting a DUI, “They had me take one test in the squad, and one at the station. I was told to breathe out until I heard this sound. I had one beer on an empty stomach about a half an hour before I was pulled over. I felt fine, thought I was fine. At the end of the experience, after paying the fines and getting my license suspended, I figured it was my own fault. Afterwards though, I wish I had been told how the test worked. If I had an advice to give someone who had a DUI or a DWI, I would tell them, whatever you do, get an attorney.”
XXX

A night at M.I.A with Art Teacher

Lucina Mendez
December 2, 2009
Dickerson Feature



Greg Dickerson met his students near the Children’s theater outside the Minnesota Institute of Arts. He has his cell phone in one hand, to direct students in case they got lost. He knows this area well as he is a teacher at Minneapolis College of Art and Design- A private art and design college where he also earned his masters-is around the coroner from the museum.

Dickerson also teaches for Anoka Ramsey Community college at Elk River High School, and his class is a kaleidoscope of people. The ages of his student’s ranges through four decades, possibly five, but one thing most of them have in common is their instructor, who never fails to confront them with new and innovative artists to consider.

Dickerson set his students loose on the museum, armed with maps, some traveling in groups, others set out to traverse the huge building alone. They were instructed to walk the museum, until it was time to view the opening for Michael Kareken, and his paintings and drawings of bottles and loose mechanical parts.

The M.I.A is a tri-floored behemoth of a museum with a landscaped court yard, and thousands of pieces of art. Founded in 1883 by 25 residents of Minneapolis, the M.I.A has gone through many transformations, and additions. The Target Wing-it’s most recent addition- includes thirty-four galleries, and an additional 4o percent of exhibition space. The expansion also included a new Lecture Hall, Photographs Study Room, Print Study Room, and an Art Research Library


More than half a million people visit the M.I.A each year and its permanent collection houses around eighty thousand objects. The free admission policy makes it possible for people from all walks of life to visit the museum, and see a Van Gough, and currently during it’s Louvre exhibition, a sketch by Leonardo Da Vinci.

Dickerson says he first fell in love with art as a child growing up in Ohio, “My mom dragged me to art shows and bought a lot of art. The first piece I fell in love with was a Jacob Lawrence; can't remember the title of the piece, but it was a series of paintings. I saw it at the Karamu House in Cleveland.”

It was as a student at Edinboro University of Pennsylvania earning his Bachelors in fine arts that Dickerson first decided to teach art, “My goal was to educate myself and have my work grow and create a visual language, and to be able to share my love of art with others. I can't imagine I could teach anything else.”

“I prefer to paint at night,” says Dickerson. “I use a mixed media method of painting. I also use abandoned fabrics I got years ago from my grandmother, and a combination of acrylic and oil paints.” Mixed media refers to using different approaches and materials on one piece of art.

When Dickerson became the father of 6-year-old Ezra, and 2-year-old Dow he had to learn to shift things around to accommodate his new family, “I had to get a studio. I couldn't work in the house anymore. I had to start prioritizing, but it has also allowed me to remember childhood, which has made the work more playful and fun.”

The challenges he faces as an artist are the problems the face most aspiring artists. Finding patrons can be a difficult process, as it requires someone believing in you vision, enough to be willing to finance it. The materials that go into creating art works can often be costly. Another problem facing artists is the need to stay fresh and creative, while knowing what else is going on in the art world.

The next thing Dickerson would like to accomplish is having his own show in New York. When asked if he has ever dreamed of becoming a world renowned artist, he answers, “Not hoped. I'm pretty real about the chances of that happening.”

His favorite artists, Philip Guston, Jean Michael Basquait, Terry Winters, John Chamberlain, Max Beckmann, and Jacob Lawrence are all modern abstract artists that often use vivid colors.

As Dickerson meets his students near the rotunda on the second floor of the M.I.A on that third Thursday of the month, an evening when the museum is brimming with people- eager to see the Louvre exhibition and hear the live music-they are confronted with a wall sized oil painting that looks like real bottles cascading off the canvas. Many students were waiting for Dickerson to walk them through the exhibit, and explain why the art was good or bad, interesting, or uninteresting, but he said he wasn’t interested in telling them what to think about it, only that they take the time to think about it, and come up with their own opinions.

Man goes on rampage in Minn Target

A man at a Winona, Minn Target store had to be subdued with a Taser gun after smashing a T.V with a hammer, after a fellow customer called 911. The officers used pepper spray on him twice, after ordering the vandal to drop the hammer he was wielding, but the man was unaffected by the pepper spray.

Two officers were slightly hurt during the confrontation, where they had to use to Taser gun on the man twice. The man is currently undergoing a behavioral evaluation at a Winona hospital.


The assailant is also being held on various charges, including assault, first-degree damage to property and disorderly conduct.

Dahmer Tapes

Lucina Mendez
November 30, 2009
Dahmer Tapes
(Ex.2 Ch.16)



At 2:00 am on May 27 Glenda Cleveland called 911. Her daughter and niece had found a battered and naked teenage boy standing on 25thand State. Police arrived on the scene, only to return the injured 14-year-old Konerak Sinthasomphone -who had been drugged and was incoherent-to the man he had been trying to escape, Jeffery Dahmer.
Konerak Sinthasomphone was found naked and bruised in the middle of the street, when Glenda Cleveland’s daughter and niece discovered him. Cleveland informed the 911 dispatcher that the youth needed help, and was transferred to the fire department, who reported the call to a street officer.
When police arrived on the scene they took no information from the girls. Cleveland thought further information must be needed. Cleveland was eventually transferred to one of the officers who had arrived at the scene.
Cleveland believed the youth had been molested and raped. She was informed by the officer that that the boy was actually a nineteen-year-old drunk man who was having a fight with his boyfriend. Cleveland asked the officer if he was sure that Sinthasomphone was an adult, and was assured repeatedly by the officer that he was.
The officer explained to Cleveland, “Like I’ve explained to you. It is all taken care of.” And was told that officers found Sinthasomphone’s belonging in Dahmer’s apartment. The officers left the boy at the apartment, and Dahmer then killed him.
The Milwaukee police released a copy of the transcript of the 911 call yesterday. The officers who arrived on the scene were suspended as of a week ago, but their names have not been released.

Are misconceptions about psychology causing people not to get help?

Lucina Mendez
November 24, 2009
Poll Story 2
(How people feel about Psychology)


Twenty-three out of 24 people polled agree that psychology is a science, yet 15 out of 24 people

think medications only help with mental illness some of the time.


Eight out of 24 people polled have seen a psychologist, psychiatrist, or counselor in a professional

capacity at one point in their lives, and six of the eight found the process of seeking professional help

in this manner to be a positive experience.


Despite the high number of mental health problems and disorders that develop in early adulthood,

young adults are often reluctant to seek professional help. Young men and minorities are the most

likely to refrain from seeking help, according to the American Medical Association.


Mental disorders are common in the United States and internationally. An estimated one in four

adults suffer from a diagnosable mental disorder in a given year, according to the National Institute of

Public Health.

The NIPH also found that mental illness and suicide, accounts for over 15 percent of the burden of

disease in the United States. The Disease burden is the impact of a health problem in an area measured

by financial cost, mortality, as well as other indicators. This finding is more than the disease burden

caused by all cancers. This data was collected by the massive Global Burden of Disease study conducted

by the World Health Organization, the World Bank, and Harvard University.


A recent study conducted in the United States reported that half of all life-long mental

disorders start by 14 years of age, and three-quarters start by 24 years of age according to

the DSM-IV- the Diagnostic and Statistical Manual of Mental Disorders.

Lucina Mendez
Poll Story 2
Page 2





An article written by Jon M Grohol, PSYD about misconceptions in psychology mentions,

“Depression is often viewed as the common cold of mental disorders, because it is so

prevalent in our lives. The lifetime prevalence of depression suggests that more than 1 in 9

people could be diagnosed with the disorder at one point in their lives. And unlike some other

mental disorders, depression affects virtually every aspect of what you do and how you interact

with others. Every year, it wreaks havoc in millions of Americans’ lives, especially amongst

those who believe it is something you should just get over on your own.”


Seventeen out of the 24 people polled believe that criminals get off too often using the

insanity defense, which is another popular misconception in psychology according to a study

conducted by researchers Eric Silver, Carmen Cirincione and Henry Steadmen. The study also

found that less than one percent of criminals are acquitted on the basis of an insanity verdict.


Nine out of the 24 people polled believe that people suffering from schizophrenia are

dangerous, according to Web M.D this is not always the case. They contend that most people with

schizophrenia are not violent, “More typically, they prefer to withdraw and be left alone. In some

cases, however, people with mental illness who also abuse alcohol or drugs may engage in

dangerous or violent behavior. On the other hand, people with schizophrenia can be a danger to

themselves. Suicide is the number one cause of premature death among people with schizophrenia.”




Lucina Mendez
Poll Story 2
Page 3





There are several different types of drugs available to treat mental illnesses. Some of the most

commonly used are antidepressants, anti-anxiety, anti-psychotic, and stimulant medications. Side

effects can vary, depending on what type of drug you are taking, and may improve once the person

taking the medication becomes accustomed to the drug. However, for many reasons, people may avoid

seeking help for their mental health concerns.