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SACRAMENTO, Calif. (AP) -- The California Supreme Court overturned the 2005 death sentence for Scott Peterson in the slaying of his pregnant wife.The court says prosecutors may try again for the same sentence if they wish in the high-profile case. It upheld Peterson's 2004 conviction of murdering his wife Laci Peterson.Laci Peterson was eight months pregnant with their unborn son, and investigators said that on Christmas Eve in 2002, Scott Peterson dumped the bodies from his fishing boat into San Francisco Bay.The court on Monday said the trial judge made several significant errors in jury selection that undermined Peterson's right to an impartial jury at the penalty phase.The court ruled potential jurors for the death penalty phase were improperly dismissed after saying they disagreed with the death penalty but would be willing to impose it."The trial judge made a mistake by kicking those people off the jury, so the only people that sat on the jury were in the death penalty camp," said criminal defense attorney Gretchen von Helms.Prosecutors will now decide whether to retry the sentencing phase.While the sentence was overturned, the court affirmed the murder convictions. "The sentencing was a positive step. The other decision (convictions affirmed) was about what we expected. Now we go to the habeas appeal," said Lee Peterson, Peterson's father.The court will examine the case again when it decides a separate habeas corpus challenge, based on evidence. not presented at the original trial. Peterson's father declined to talk about the arguments in the appeal, but says he's expecting a development within the next four months.Peterson's family issued this full statement in response to the court's decision:Our family is sincerely grateful that the California Supreme Court recognized the injustice of Scott’s death penalty. For a long and difficult 18 years, we have believed unwaveringly in Scott’s innocence, so today’s decision by the court is a big step toward justice for Laci, Conner and Scott.Now our family will do two things: First, we wait for Stanislaus County District Attorney Birgit Fladager to decide whether to pursue a new penalty phase trial. If the DA elects to do so, a new jury would be seated, and they would hear all the evidence. They would then decide only Scott’s sentence: life without the possibility of parole or the death penalty. While we hope for the opportunity to present the new evidence to a jury, it is not likely that this penalty phase trial will happen. The case against Scott has weakened to the point where no jury would ever sentence him to death again and the District Attorney is aware of these facts.Second, we wait for the court to address the new forensic and eyewitness evidence we have submitted that shows Laci was alive the morning of December 24th and demonstrates Scott’s innocence. When the court reviews this in the coming months, we are confident they will grant Scott a new guilt phase trial.Our family has been deeply moved by the outpouring of support not only from family and friends but also from the hundreds of people from all walks of life who have shared their faith in Scott’s innocence. For more information on the case, please visit our website at ScottPetersonAppeal.org. 3275
ROCKVILLE, Md. — It’s been a long, empty year at many schools across the country and for those who work there.“It has been one of the most watershed year in my 30-some years of education that I've ever seen,” said Karin Tulchinsky Cohen, an assistant principal at Beall Elementary School in Montgomery County, Maryland. Montgomery County is home to the largest school district in the state. The more than 11,000 teachers in the district, like many all over the world, face tough challenges brought on by virtual learning.“Their stress levels have been very, very high,” she said.Recognizing that, the school district partnered with Kaiser Permanente for “RISE,” which stands for “Resilience In School Environments,” part of their Thriving Schools program to offer more programs and resources to help teachers improve their own mental health and coping abilities.“The effort of just having to overdo it on the screen so that your students can stay engaged, one, and continue to learn. I mean, they've just had to grow their repertoire so much,” said Erin VanLuven, a licensed clinical social worker at Kaiser Permanente.Some of what they do also involves yoga and virtual dance parties.“People that can regulate their own emotions when crisis comes into their life, you know, they are much more able to be effective and efficient and they're much more likely to bounce back,” VanLuven said.Among VanLuven's three main suggestions to strengthen mental health are the following:Make sure to give yourself a “bio-break,” which includes deep breathing or even stretching for a few minutesTry to eat at least two healthy meals a day that include fruits and vegetables, because that impacts your overall health, including mental healthTake up a hobby you enjoy and do it“Everybody should be taking care of their emotional wellness, and it doesn't really take much more than 10 to 30 minutes a day,” VanLuven said.For educators, the advice and camaraderie with fellow teachers have helped. Kaiser Permanente is working with school districts in the Washington, D.C. and Baltimore areas, with plans to expand those programs elsewhere.“I am so proud of the teachers in my school and all teachers,” said Tulchinsky Cohen. “They have adapted so beautifully.”It’s a way of adapting to a new way of doing things, for now. 2314

RICHMOND, Va. (AP) — By the time drug enforcement agents swooped into his small medical office in Martinsville, Virginia, in 2017, Dr. Joel Smithers had prescribed about a half a million doses of highly addictive opioids in two years.Patients from five states drove hundreds of miles to see him, spending up to 16 hours on the road to get prescriptions for oxycodone and other powerful painkillers."He's done great damage and contributed ... to the overall problem in the heartland of the opioid crisis," said Christopher Dziedzic, a supervisory special agent for the Drug Enforcement Administration who oversaw the investigation into Smithers.In the past two decades, opioids have killed about 400,000 Americans, ripped families apart and left communities — many in Appalachia — grappling with ballooning costs of social services like law enforcement, foster care and drug rehab.Smithers, a 36-year-old married father of five, is facing the possibility of life in prison after being convicted in May of more than 800 counts of illegally prescribing drugs, including the oxycodone and oxymorphone that caused the death of a West Virginia woman. When he is sentenced Wednesday, the best Smithers can hope for is a mandatory minimum of 20 years.Authorities say that, instead of running a legitimate medical practice, Smithers headed an interstate drug distribution ring that contributed to the opioid abuse epidemic in West Virginia, Kentucky, Ohio, Tennessee and Virginia.In court filings and at trial, they described an office that lacked basic medical supplies, a receptionist who lived out of a back room during the work week, and patients who slept outside and urinated in the parking lot.At trial, one woman who described herself as an addict compared Smithers' practice to pill mills she frequented in Florida."I went and got medication without — I mean, without any kind of physical exam or bringing medical records, anything like that," the woman testified.A receptionist testified that patients would wait up to 12 hours to see Smithers, who sometimes kept his office open past midnight. Smithers did not accept insurance and took in close to 0,000 in cash and credit card payments over two years."People only went there for one reason, and that was just to get pain medication that they (could) abuse themselves or sell it for profit," Dziedzic said.The opioid crisis has been decades in the making and has been fueled by a mix of prescription and street drugs.From 2000 to 2010, annual deaths linked to prescription opioids increased nearly fourfold. By the 2010s, with more crackdowns on pill mills and more restrictive guidelines on prescriptions, the number of prescriptions declined. Then people with addictions turned to even deadlier opioids. But the number of deaths tied to prescription opioids didn't begin to decline until last year, according to data from the U.S. Centers for Disease Control and Prevention.Martinsville, where Smithers set up shop, has been particularly hard hit.A city of about 14,000 near Virginia's southern border, Martinsville once was a thriving furniture and textile manufacturing center that billed itself as the "Sweatshirt Capital of the World." But when factories began closing in the 1990s, thousands of jobs were lost. Between 2006 and 2012, the city had the nation's third-highest number of opioid pills received per capita, according to an Associated Press analysis of federal data.Andrew Kolodny, a Brandeis University doctor who has long been critical of opioids, said that in recent years, doctors became less comfortable writing lots of opioid prescriptions and many big prescribers retired. That opened an opportunity for others."If you're one of the guys still doing this," he said, "you're going to have tons of patients knocking down your door."During his trial, Smithers testified that after he moved to Virginia, he found himself flooded with patients from other states who said many nearby pain clinics had been shut down. Smithers said he reluctantly began treating these patients, with the goal of weaning them off high doses of immediate-release drugs.He acknowledged during testimony that he sometimes wrote and mailed prescriptions for patients he had not examined but insisted that he had spoken to them over the phone.Once, he met a woman in the parking lot of a Starbucks, she handed him 0 and he gave her a prescription for fentanyl, an opioid pain reliever that is 50 to 100 times more potent than morphine.When area pharmacists started refusing to fill prescriptions written by Smithers, he directed patients to far-flung pharmacies, including two in West Virginia. Prosecutors say Smithers also used some patients to distribute drugs to other patients. Four people were indicted in Kentucky on conspiracy charges.At his trial, Smithers portrayed himself as a caring doctor who was deceived by some patients."I learned several lessons the hard way about trusting people that I should not have trusted," he said.Smithers' lawyer told the judge he had been diagnosed with depression and anxiety. Family members said through a spokesperson that they believe his decisions were influenced by personal stress, and emotional and mental strain.Even before he opened his Martinsville practice in August 2015, Smithers had raised suspicions. West Virginia authorities approached him in June 2015 about a complaint with his practice there, but when they returned the next day with a subpoena, they found his office cleaned out and a dumpster filled with shredded papers and untested urine samples.Some of Smithers' patients have remained fiercely loyal to him, insisting their severe chronic pain was eased by the powerful painkillers he prescribed.Lennie Hartshorn Jr., the father of the West Virginia woman who died two days after taking drugs Smithers prescribed, testified for the defense.Hartshorn said his daughter, Heather Hartshorn, told someone "she would rather be dead than in pain all the time." According to a form Heather Hartshorn filled out when she went to see Smithers, she had chronic pain in her lower back, legs, hips and neck from a severe car accident and a fall.When asked by Smithers' lawyer if he blames Smithers for anything, Lennie Hartshorn said he does not.Smithers has been denied bond while he awaits sentencing. His attorney did not respond to inquiries from AP. Smithers has said he plans to appeal.____Associated Press reporters Geoff Mulvihill and Riin Aljas contributed to this story. 6501
Right now, dozens of train cars carrying 10 million pounds of poop are stranded in a rural Alabama rail yard. Technically it's biowaste, but to the 982 residents in the small town of Parrish, that's just semantics.They want it gone. The load has been there for almost two months, and it's making the whole place smell like a rotting animal carcass.To add insult to injury, it isn't even their poop. For the last year, waste management facilities in New York and one in New Jersey have been shipping tons of biowaste -- literally, tons -- to Big Sky Environmental, a private landfill in Adamsville, Alabama. But in January, the neighboring town of West Jefferson filed an injunction against Big Sky to keep the sludge from being stored in a nearby rail yard.It was successful -- but as a result, the poo already in transit got moved to Parrish,?where there are no zoning laws to prevent the waste from being stored. 937
SACRAMENTO, Calif. (AP) — A proposal to make it easier for local California governments to raise taxes or issue bonds for infrastructure projects has failed in the state Assembly.The effort by Democratic Assemblywoman Cecilia Aguiar-Curry was a constitutional amendment. That means it also would have needed approval from voters at the ballot to become law.It would have lowered the threshold for local governments to raise taxes and issue bonds from two-thirds to 55 percent. Supporters say the higher threshold made it too difficult for local communities to raise money for schools, libraries and other projects.But opponents say the two-thirds threshold is a necessary protection for taxpayers.It failed to pass the Assembly despite Democrats holding a supermajority. Aguiar-Curry may bring it up for a vote again later this year. 841
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