The Supreme Court on Thursday threw out the murder conviction of a Bronx man in the stray-bullet shooting of a 2-year-old boy on his way to church and a family dinner on Easter Sunday in 2006.
In an 8-1 decision, the high court ruled that Darrell Hemphill’s Sixth Amendment right to confront his accuser was violated when prosecutors were allowed to introduce a statement from a witness without calling him to the stand at trial.
“The trial court’s admission of unconfronted testimonial hearsay over Hemphill’s objection, on the view that it was reasonably necessary to correct Hemphill’s misleading argument, violated that fundamental guarantee,” Justice Sonia Sotomayor wrote for the majority.
The reversal also came after Bronx District Attorney Darcel Clark “withheld consent” for former Assistant District Attorney Adam Oustatcher to submit a 33-page brief to the justices, even though tragic tot David Pacheco Jr.’s mom wanted the paperwork filed.
“There’s an old saying that bad facts make bad law and that’s what happened here,” Oustatcher told The Post.
“By failing to bring to the Court’s attention the evidence adduced and facts established at trial, the Bronx County District Attorney’s Office essentially sealed the case’s fate…and lost an appeal that should have been won.”
Hemphill contends that the witness whose statement was used against him, Nicholas Morris, is the gunman who opened fire and shot Pacheco as he rode in a minivan with his kin near Harrison and West Tremont avenues.
Morris was initially charged with killing the tot and illegal possession of a 9 mm pistol, but that case ended in a mistrial in 2008.
Morris later copped a plea to criminal possession of a .357 revolver, but not the gun that was used to kill Pacheco.
Although Morris was unavailable to testify at Hemphill’s trial — after getting barred from re-entering the US following a trip to Barbados — the presiding judge ruled that the defense “opened the door” to admitting his statement by arguing that he was the real triggerman.
The Supreme Court’s ruling sends the case back to New York’s highest court, the Court of Appeals, to decide whether Hemphill would have been convicted without that evidence.
A spokesperson for the Bronx DA’s Office said, “We cannot comment as the case is still being litigated.”
Stanford University law professor Jeffrey Fisher, a constitutional law expert who represented Hemphill before the Supreme Court, told the Associated Press that “our position is that Hemphill’s conviction must be reversed and he’s entitled to a new trial.”
In this monthly online series, we ask the experts to go in-depth on some of our favorite topics from the magazine.
When signs of spring begin to appear in North Carolina, there’s no better place to appreciate all that the season has to offer than a vegetable garden. From mountains to coast, in big backyards and tiny patio nooks, fresh veggies give us the chance to exercise our green thumbs (or, ahem, green thumbs in the making). But as beautiful and functional as they are, many novice gardeners feel overwhelmed by the idea of growing a garden from the ground up. Lucky for us, North Carolina is home to plenty of gardening gurus who know just the right approach.
“There are plenty of easy ways to start,” says David Williams, owner of Sunset Market Gardens in Reidsville. “Even if you don’t have a big yard to lay out a garden, you can work with what you have. It’s just a matter of doing your homework so that you provide your vegetables with everything they need to be successful.”
We talked with Williams and two other experts — Dr. Lucy Bradley, a North Carolina State University extension agent and consumer and horticulture professor, and Shawn Banks, the county extension director of Carteret County — to get their advice for growing a vegetable garden, which veggies to plant, and the best time to harvest.
Our experts
David Williams
Owner of Sunset Market Gardens in Reidsville
Dr. Lucy Bradley
NC State Extension Agent & Consumer and Community Horticulture Professor
Shawn Banks
County Extension Director of Carteret County
What vegetables grow well in North Carolina?
Lucy Bradley: We can grow almost anything in North Carolina, so long as it’s planted at the right time. As a rule, grow leafy greens and roots during the short days and growing seasons of the fall and spring — like lettuce, spinach, and radishes. And during the long days of the long summer season, grow plants that must mature, bloom, and set fruit to provide the vegetables that we eat — like tomatoes, eggplant, and squash. Tomatoes are the most difficult as they are susceptible to many diseases and pests; radishes, lettuce, and other plants with a shorter time between planting and harvest are less susceptible to insect and disease damage.
Shawn Banks: You can grow just about any vegetable in our state. Tomatoes can be really finicky about where they’re growing. They need to be heat tolerant if you’re in the Piedmont or Coastal Plain, but not necessarily as heat tolerant if you’re in the mountain area. I found that some varieties that grew well when I was living in Raleigh don’t do as well down here on the coast. So it’s just a matter of finding the varieties that do well in your area. And one of the best ways to find that out is to talk with either your local extension agent or some of the local gardeners that grow vegetables in your area.
Got it! We’ve selected our veggies — now let’s get planting. What is the No. 1 thing people should know about growing a vegetable garden?
David Williams: Have a game plan and try to educate yourself as much as possible before you jump in so that you’re not jumping in and having no success. Design the garden, figure out your space, and make sure you lay it out well so you don’t have to go back and change it.
Lucy Bradley: Start small! Begin with a small area where you can prepare the soil and manage t happily. It is much better to have a delightful small garden that you can expand as you have time and interest than to be ambitious and end up being overwhelmed with weeds and pests.
Shawn Banks: They take a lot of care. You need to pay attention to what’s going on in your vegetable garden to see, for example, when insects first start to arrive, a disease when it’s just one or two spots, or when your vegetables need water. If you do that, a lot of times you can solve a problem when it’s a little, tiny issue — before it turns into a wildfire.
What about tools? What should we have on hand?
Shawn Banks: If you’re doing raised beds or containers, I would recommend a three-pronged cultivator; those are really essential to help loosen the soil. If you’re planting transplants, you can use a hand trowel for digging the holes. Also, a pair of gloves is going to be important to keep the soil off your fingers. I like putting my hands in the soil because it gives me a good feel for what’s going on, but some people don’t like to have the dirt under their fingernails. If you’re planting right into the ground, you may want to have a small cultivator or a tiller, something powerful that’s going to loosen that soil up so you’re not spending a lot of time digging with a shovel. For big areas like that, you may want to have a rake as well to help smooth things out. And something to kneel or sit on while you’re working.
David Williams: If you choose to do a no-till garden, I think a nice broadfork. You could use a regular fork with the two handles, or you could get a more elaborate broadfork. I’d also suggest nice rakes to rake out your beds, as well as shovels, pruners, and hand trowels for planting. And then any cultivation tool you want to use to keep weeds at bay.
Where is the best place to plant?
Shawn Banks: Plant your tallest growing crops on the north side of the garden and the shortest stuff on the south side. In our area, I would also recommend that if you’re going to plant something on a trellis, make sure that the trellis runs from north to south and plant something like garden peas. That way, the sun can hit the east side in the morning and the west side in the afternoon. Gardens that do the best are in areas that receive full sun — at least eight hours during the course of the day. They’re also close to a water source, whether that’s a spigot or a garden hose that’s there on a permanent basis. Also, plant in a place where people can see the veggies every day. If it’s in the backyard and you go in the backyard every day to let the dogs run, that’s a good spot. But if it’s in the backyard and you never go in the backyard, you’re going to forget about it and you’re not going to take care of it. I’ve learned that if it’s out of sight, it’s out of mind. If it’s close and it’s somewhere you can see it, it’s going to be taken care of a lot better and you’ll get much better production out of it than if it’s hidden.
How exactly should we prepare our soil?
Shawn Banks: I would recommend taking a soil sample and sending that off to the North Carolina Department of Agriculture agronomy lab in Raleigh. Most county extension offices have the forms and the boxes that you would need to take the soil sample. If you’re growing in containers, most of the time you don’t need to do a soil sample, because the crop will adjust to the potting mix that you put in there. But for raised beds and in-ground beds, I would suggest doing a soil test to find out what the pH is and what the nutrient levels are so that if you do need to adjust, that can be done before you start gardening. The plants will be happier through the summer because the pH and nutrient levels will be where they need to be.
Let’s talk safety: What can we do to keep pests and animals from eating our beloved veggies?
Lucy Bradley: Prevention is the most effective, least expensive, and most environmentally-friendly solution. Healthy plants are resilient: Plant well-adapted plants at the right time of year, spaced appropriately, and in a well-prepared garden bed. Water and fertilize effectively. Be vigilant by spending time in your garden and discovering what is normal for your plants. With that, learn to recognize beneficial organisms as well as pests: Look at the tops of leaves and the bottoms, intervene early by removing a leaf with pest eggs, and keep records of planting dates, varieties, purchase location, dates of problem onset, weather conditions, management strategies and their effectiveness, and other kinds of information that help you to recognize relationships and form gardening strategies.
David Williams: If you have enough space, the best thing would be to invest in fencing. A fence needs to be eight feet tall. A deer could possibly jump that fence if it wanted to, but eight feet is typical for deterring a deer. And what happens is that the fence, as it goes lower to the ground, has mesh holes that can keep smaller animals, like squirrels or rabbits out down low.
Shawn Banks: There are, of course, pesticides that can be used. But a lot of times, if you have diversity in the garden — you don’t have a lot of just one thing, like an acre of corn or an acre of tomatoes — the predatory insects will feed on the pests, and you won’t have a large problem. If you do start having a problem with, say, tomato hornworms on your tomato plants, handpicking them is going to be the quickest and easiest way of getting rid of them.
How can we protect our plants from sweltering Southern heat?
Shawn Banks: The best thing to do for extreme heat is to make sure there’s water in the soil. If you keep the soil evenly moist so that the plant doesn’t dry out, it might start to wilt during the day, but at night, when the sun goes down, the leaf will get refilled back up with water because there’s moisture in the soil. For tomatoes, you want to select a heat-tolerant variety. For most of the other crops — like cabbage, collards, and broccoli — by the time it gets that hot, most of those crops are going to shut down anyway, so they’re going to be out of the ground. But for summer crops like corn, squash, cucumber, tomatoes, and peppers, if the soil has moisture in it, those crops will do OK with the heat.
Are there any common mistakes we should avoid?
Shawn Banks: I think the most common mistake that people make in their vegetable gardens is planting too close. And what happens there is that they plant them so close that, as they get bigger, they start competing for the water and the nutrients, and then they don’t produce as well as they would if they were spaced out properly. Also, if they’re not spaced out properly, the wind can’t blow through and dry the leaves out, and you end up getting a lot of leaf spots; and fungal leaf spots can cause the crop not to perform as well.
Lucy Bradley: Starting with too large of a plot and taking all the fun out of the experience by becoming overwhelmed by insects, diseases, and weeds. Not spending enough time in the garden to know what is normal and recognize problems as they are just showing up. And buying stressed transplants on super sale.
David Williams: Don’t bite off more than you can chew. Start small, take your time, and educate and prepare yourself for what’s to come.
OK, so patience is key! Any other tips for growing a thriving veggie garden?
Shawn Banks: Grow what you enjoy. If you enjoy eating romaine lettuce, plant romaine lettuce instead of iceberg lettuce. If you like growing the big tomatoes, find one that is heat-tolerant and grow the big tomatoes instead of the little cherry tomatoes.
Lucy Bradley: Plant flowers to add beauty and attract beneficial insects. And recognize that it is all good: If you have a huge harvest, wonderful! If you have a pest problem, what a great learning opportunity! Invite the neighborhood kids over to marvel. Get lots of pictures and identify what you can do differently next time.
Die Corona-Pandemie ist immer noch ein zentrales Thema. Die Corona-Zahlen steigen wieder, doch: „Wir haben ein sehr viel milderes Virus“. Prof. Hendrik Streeck, WELT-Wissenschaftsexperte, erklärt hier, warum er eine allgemeine Impfpflicht nicht für richtig hält.
Der Virologe Hendrik Streeck sagte, es gebe zwar extrem hohe Infektionszahlen, die Belastung der Kliniken sei aber davon abgekoppelt. Mit besserem Wetter im Sommer könne man mit abnehmenden Infektionen rechnen. Dies sei «ein guter Zeitpunkt, besonnen Maßnahmen zurückzufahren» und sich von solchen zu trennen, deren Wirksamkeit nicht klar bewiesen sei, etwa die Zugangsregeln 2G/3G.
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In eigener Sache: Wegen des hohen Aufkommens unsachlicher und beleidigender Beiträge können wir zurzeit keine Kommentare mehr zulassen.
Earlier this morning, summit organizers released a new draft of an agreement on how countries will combat climate change. Despite furious lobbying over the past two days, the draft at first glance appears largely similar to a preliminary text released on Wednesday, but even small wording tweaks “represents hours of intense — and still unfinished — diplomatic wrangling,” The Post’s Brady Dennis writes.
Whatever the result of the summit, it’s unlikely to satisfy the thousands of youth activists, protesters and campaigners who pinned their hopes on Glasgow over the past two weeks, our colleagues write. Activists from the group Extinction Rebellion staged a die-in outside the summit on Thursday, wrapping themselves in white shrouds and laying outside the entrance of the conference to symbolize deaths related to climate change.
Meanwhile, a coalition of developing countries that includes major emitters China and India, said it opposed language increasing the pace by which each country must ratchet up its climate plans. Bolivian chief negotiator Diego Pacheco Balanza argued that wealthy countries were shifting the burden of climate change onto the developing world and claimed that an accelerated emissions-cutting schedule “would rewrite the Paris agreement” and put the world on a “pathway to carbon colonialism.” The group on Thursday called for the removal of an entire section of the COP26 draft focused on emissions.
Mari Helena Castillo Mariscal, the deputy lead negotiator of Panama, scolded national and corporate leaders for setting the Earth on track for “a fatal 2.4 degrees warming,” referring to a United Nations forecast made this week, The Post’s Dan Zak reports. The country, which claims to have the youngest delegation of negotiators at an average age of 29, is channeling youth outrage over climate change. Mariscal called the target of keeping warming below 1.5 degrees Celsius “a necessity, a moral obligation, a lifeline.”
The Democrats’ social spending plan includes a $7,500 tax credit for consumers who purchase electric vehicles through 2026. After that point, people will qualify for the credit only if they purchase an American-made electric vehicle. The additional $4,500 is a bonus tax credit for those who purchase from union automakers.
The partisan divide over climate change has widened. The percentage of Democrats who view it as an existential threat rose by 11 points to 95 percent over the past seven years, partly driven by more Black Americans who now say the issue is very serious. The share of Republicans who say climate change is a serious problem fell by 10 points, to 39 percent over the same period.
Singleton isn’t oblivious to the impacts of coal globally or closer to home, where dust from the mines contribute to asthma and other health problems. Still it’s hard for some residents to imagine abandoning the industry when coal miners make up a quarter of the town and can earn starting salaries upward of $100,000.
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The newest K-Pop Songs Chart is out! Watch it here: https://youtu.be/xYc4RxCjaYQ
NEW KPOP SONGS: ► https://youtu.be/Ids0kmbxBnE
VOTE HERE: ► https://wp.me/p8M1A7-kx
This is the official International K-Pop Songs Chart for April 2018 (Week 1).’ It is a K-Pop chart where fans from every continent have the power to vote for what they believe are the best K-Pop songs currently.
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RULES FOR THE CHART:
► Songs are voted for using the Poll provided in the description in the video.
► Any song on the poll is eligible for voting – you need to vote for at least 10 songs and you can only submit your choice once.
► Each song you choose in your vote receives 1 point towards the chart. The day before the chart is due out, the poll will be closed, and we will make the chart based on those results.
► The songs that will be eligible each week must either:
1) Have been on the chart last week.
2) Have fallen off the chart last week.
3) Have been released since the last voting period closed.
► This means that if a song falls off, it has 1 week to return, or else it cannot come back on the chart.
► Songs can only remain on the chart for a maximum of 10 weeks. Songs that have been on the chart for 10 weeks will no longer be eligible for voting.
► If a song gains less than 200 votes on the poll, it will automatically be excluded from next week’s voting. This is to keep the poll from being crowded with songs that have minimal chance of entering the chart.
► 8 Week Award = Song that lasted 8 weeks on the chart.
► Gold Award = Song that has been in the Top 10.
► Platinum Award = Song that has been in the Top 10 for at least 2 weeks, or in the Top 5 for 1 week.
► Hot Entry = A song that has entered the chart within the Top 25 on its first week.
► Hot Streak = A song that has risen up the chart 3 weeks in a row!
K-Ville Intro Song: Play With Me – Cross Gene
Songs in this Chart:
Airplane – J-Hope
Always Find You – Yuri x Raiden
Awake – Target
Baby Don’t Stop – NCT U
Baby It’s U – Jeong Sewoon
Bad Boy – Red Velvet
Before Our Spring – Jonghyun
Bibidi Babidi Boo – Honey Popcorn
Black Dress – CLC
Boomerang – WANNA ONE
Boss – NCT U
Cactus – N (of VIXX)
Candyland – UP10TION
Daydream – J-Hope
Diamond Girl – MXM
Didn’t Know Me – HEIZE
Dinner – Suho x Jang Jane
Dreams Come True – Cosmic Girls (WJSN)
Fly With Me – I.M (of Monsta X)
Go – NCT Dream
Gorgeous – VAV
Heroine – Sunmi (Final Week)
Hey – Jimin (of AOA) (Final Week)
Holiday – Suzy ft. DPR LIVE
I Just – Red Velvet
I.P.U – Wanna One
instagram – DEAN
It’s U – Golden Child
Jenga – Heize
Just Do It – SEVENTEEN
La La La – Weki Meki
Lady – Golden Child
Look – GOT7
Love Scenario – iKON
Mamma Mia – SF9
Mianhae – Heize
My Flower – JBJ (Final Week)
Nega Dola – BoA
Neverland – Holland (Final Week)
Nirvana – Ravi ft. Park Jimin (Final Week)
One & Only – Go Won (of LOONA)
One Shot, Two Shot – BoA
Rewrite… If I Can – Ailee
Roller Coaster – Chung Ha (Final Week)
She’s Gone – Jung Ilhoon (of BTOB)
Shinin’ – Jonghyun (Final Week)
SObeR – SUZY
Spotlight – VAV
Star Wind Flower Sun – Mamamoo
Starry Night – Mamamoo
Sudden Shower – Yong Jun Hyung (of Highlight)
Thanks – Seventeen
The Blue Bird – APRIL
The Boots – gugudan
To Do List – Hyolyn
To Heart – fromis_9
Touch – NCT 127
True Love – Kim Sung Kyu
Turn It Up – Rainz (Final Week)
Where I Am Gone – Yang Yoseop (of Highlight)
ARIZONA-A man who confronted a Tucson police officer with two bayonets was taken to a hospital with life-threatening injuries after the officer shot him Monday morning, authorities said.
Officers responded around 8:30 a.m. to “a report of wanted subjects” in the 4000 block of East Paradise Falls Drive, near the Rillito River Park, and gave chase to a man and woman who fled into a nearby desert area, TPD spokesman Sgt. Richard Gradillas said.
An officer was confronted by the man who held two bayonets and began to charge toward the officer, police said.
“A confrontation occurred in the desert area and one of the subjects was armed with a sharp-edged weapon. Shortly after, an officer discharged his firearm,” Gradillas said.
The man was identified as James Nicholas Pacheco, 37. He was taken to Banner-University Medical Center.
The officer who shot Pacheco was identified as Officer Daniel Garcia, a six-year veteran of the force.
No other injuries were reported in the incident, police said.
Pacheco was wanted on suspicion of kidnapping and sexual assault stemming from an incident April 9 in the 8000 block of E. Senate St. When he is released from the hospital, Pacheco is facing charges of kidnapping, sexual assault and aggravated assault with a deadly weapon on a peace officer.
The second person was taken into custody without incident, Gradillas said.
TPD has launched an internal investigation of the incident, standard practice in such situations. Gradillas said he expected the officer who fired the shot would be placed on paid leave during the investigation, also common practice.
(c)2021 The Arizona Daily Star (Tucson, Ariz.)
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About Mose Chhal Kiye Jaaye:
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The show revolves around the story of a young passionate aspiring writer – Chavi, who hails from a small city with big dreams… Dreams to one day pen down stories for the ever-evolving Television industry. Despite several challenges and obstacles, Chavi’s inspiration and talent drive her to get a writing assignment in one of the biggest television production houses in the country – Oberoi telefilms, which is being run by a charismatic, dashing – Avinash Oberoi. However, Avinash a man of peculiar details still holds onto the patriarchal mindset, which comes from his dad. He finds a perfect life partner in Chavi, as he believes he can be mold Chavi with his desire for a perfect housewife. But to Avinash’s expectation, Chavi is exactly the opposite of a typical housewife, she has dreams and a desire to become independent and help her family to come out of the financial crisis. Thus ensues a series of manipulation from Avinash to shape up Chavi in the way he wants. But as soon as the curtains of lies and deception lift up, Chavi discovers an entirely different Avinash, and she doesn’t even hesitate to take on a head-on head battle against Avinash to take custody of her infant… become independent and live her dreams again!
Mose Chhal Kiye Jaaye – Ep 31 – Coming Up Next – मोसे छल किये जाए
