Library confrontation points up privacy dilemma

Monday, July 21st, 2008

Children’s librarian Judith Flint was getting ready for the monthly book discussion group for 8- and 9-year-olds on “Love That Dog” when police showed up.

They weren’t kidding around: Five state police detectives wanted to seize Kimball Public Library’s public access computers as they frantically searched for a 12-year-old girl, acting on a tip that she sometimes used the terminals.

Flint demanded a search warrant, touching off a confrontation that pitted the privacy rights of library patrons against the rights of police on official business.

“It’s one of the most difficult situations a library can face,” said Deborah Caldwell-Stone, deputy director of intellectual freedom issues for the American Library Association.

Investigators did obtain a warrant about eight hours later, but the June 26 standoff in the 105-year-old, red brick library on Main Street frustrated police and had fellow librarians cheering Flint.

But the investigation of Brooke Bennett’s disappearance wasn’t a Patriot Act case.

“We had to balance out the fact that we had information that we thought was true that Brooke Bennett used those computers to communicate on her MySpace account,” said Col. James Baker, director of the Vermont State Police. “We had to balance that out with protecting the civil liberties of everybody else, and this was not an easy decision to make.”

Brooke, from Braintree, vanished the day before the June 26 confrontation in the children’s section of the tiny library. Investigators went to the library chasing a lead that she had used the computers there to arrange a rendezvous.

Brooke was found dead July 2. An uncle, convicted sex offender Michael Jacques, has since been charged with kidnapping her. Authorities say Jacques had gotten into her MySpace account and altered postings to make investigators believe she had run off with someone she met online.

Flint was firm in her confrontation with the police.

Cybersecurity expert Fred H. Cate, a law professor at Indiana University, said the librarians acted appropriately.

A new Vermont law that requires libraries to demand court orders in such situations took effect July 1, but it wasn’t in place that June day. The library’s policy was to require one.

The librarians did agree to shut down the computers so no one could tamper with them, which had been a concern to police.

Once in police hands, how broadly could police dig into the computer hard drives without violating the privacy of other library patrons?

Baker wouldn’t discuss what information was gleaned from the computers or what state police did with information about other people, except to say the scope of the warrant was restricted to the missing girl investigation.

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4-year-old who lost brother to tornado now in fair condition

Wednesday, June 11th, 2008

The condition of a 4-year-old girl severely injured in a tornado that struck Hugo two weeks ago has improved.

Annika Prindle was upgraded to fair condition Monday afternoon at Gillette Children’s Hospital in St. Paul, spokeswoman Cate Dobyns said.

Contributions to help Annika and her parents, Jerry and Christina Prindle, can be made to the Gerard Prindle Family fund at any US Bank.

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Parents of 2 faced baby refuse special medical care

Sunday, April 20th, 2008

She is fine. She sleeps, eats and cries like other normal babies … A local doctor said there is nothing wrong with the child, Bhram Singh, Lali’s grandfather, told Reuters in this village of brick houses and wheat fields.

Villagers believe Lali, named that because of her bright red cheeks, is a form of Shakti, the Hindu goddess of power. The birth is a miracle and a good sign for the village, said Daulat Ram, the village chief.

The month-old girl suffers from what appears to be craniofacial duplication, an extremely rare congenital disorder in which part of the face is duplicated on the head. Lali (red) has an extra pair of eyes, nose, and lips. Media reports said she ate with both mouths and blinked all four eyes.

The anomaly gave the newborn god-like status in the village, with hundreds of people swarming to the family’s dilapidated brick house to worship her and seek blessings.

But the number of onlookers has dwindled as the miracle turns a month old on Friday, and few visitors now venture into the dusty lanes of Saini looking for the house where Lali lives.

Ram says that’s because everyone in the vicinity had satiated their curiosity.

People are busy with the harvest season and have work to do. They won’t keep coming back at this time.

(Agencies)

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Man could be sent to jail for sex with teen

Saturday, March 29th, 2008

By JOHN MANGALONZO

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WAPELLO — Forbidden love may be as old as time, but for a 21-year-old Letts man, serving a prison term may be just a matter of time.

That’s if Jack Michael Smith is convicted of third-degree sexual abuse, a charge lodged by Louisa County Sheriff’s officials on allegations Smith had a romantic/sexual relationship with a 15-year-old girl, who now is pregnant. He was arrested Thursday.

Earlier in March, the girl, accompanied by her father, spoke to detectives at the sheriff’s office where she claimed Smith fathered the child she was carrying.

The girl said the series of three sexual encounters with Smith were not forced, but were consensual, and they started in November. Court records show the baby is due in September.

During an interview with detectives, the girl’s father said he learned about his daughter’s pregnancy in January, and he felt the romantic relationship between his daughter and Smith was wrong. He cited the age gap between the two as well as the fact that girl’s mother is engaged to Smith’s father.

Smith moved into the home of the girl’s mother, the day after Thanksgiving. Detectives did not disclose whether the 15-year-old also lived there.

The mother, according to the investigation, learned her daughter and Smith were sleeping together in December and had talked to the girl about it.

Smith and the girl met some time in November at Smith’s father’s home in Letts. Soon after, the two began seeing more of each other and developed a romantic relationship.

However, contrary to what the girl told detectives, Smith claimed to have had at least 10 encounters with the teen between late November and January.

When confronted by his father, Smith denied having any kind of relationship with the girl. But Smith’s father later told detectives his son has accepted the responsibility of being the father of the girl’s unborn child.

Smith has been released on bond, jail officials said.

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Man charged with sexual abuse, kidnapping

Saturday, March 29th, 2008

By JOHN MANGALONZO

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MONTROSE — After leaving several phone messages to a detective denying he had sex with a 12-year-old girl and instead only used an object to rub up against her, a 47-year-old Keokuk man slashed his wrist and ended up in the hospital.

On Wednesday, Lee County Sheriff’s deputies served Charles Russell with a warrant for his arrest at the Keokuk Area Hospital, charging him with third-degree sexual abuse and third-degree kidnapping.

Investigators say Russell and the alleged victim are related but would not comment on how close the relation was.

Detective Stacey Weber said they started an investigation into Russell’s possible involvement March 8 after the girl told her mother and grandmother Russell forced her to do sexual acts inside the man’s car.

Russell, who went to the Keokuk Police Department later that day, told detectives he drove the girl from a home on McKinley Street to his house in the 200 block of South 15th Street, both in Keokuk, but denied having sex.

He then asked Weber if detectives had any DNA samples from the girl and “if this was going to have him arrested.”

However, the girl said during the ride from McKinley Street, Russell drove to nearby Valley Road where he stopped and made her drive while he put on a condom. She said she was instructed to drive to an area where no one would see them.

In an unspecified remote area, Russell allegedly forced the girl onto his lap and pulled her pants down, according to court papers filed in support for a warrant.

Authorities allege, based on the girl’s statement, that while on his lap, Russell started rubbing his genitals against the girl’s buttocks.

“After a brief struggle, he rolled over making her face the rear of the car,” according to court documents. Russell allegedly again forced rubbing on the girl, according to court documents.

The day after the report was made, Russell left several phone messages on the detective’s voice mail denying he personally engaged the girl in that sexual act.

In the message which was kept as evidence, Russell told the detective, “I used a banana rubber and just rubbed it on her … .”

Authorities did not disclose Russell’s status as a result his slashed wrist.

Weber said additional charges may be filed against Russell, but they would come from the Keokuk Police Department. He did not comment on whether those charges would stem from the same incident.

Russell is being held on a $200,000 bond.

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Man charged with sexual abuse, kidnapping

Saturday, March 22nd, 2008

By JOHN MANGALONZO

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MONTROSE — After leaving several phone messages to a detective denying he had sex with a 12-year-old girl and instead only used an object to rub up against her, a 47-year-old Keokuk man slashed his wrist and ended up in the hospital.

On Wednesday, Lee County Sheriff’s deputies served Charles Russell with a warrant for his arrest at the Keokuk Area Hospital, charging him with third-degree sexual abuse and third-degree kidnapping.

Investigators say Russell and the alleged victim are related but would not comment on how close the relation was.

Detective Stacey Weber said they started an investigation into Russell’s possible involvement March 8 after the girl told her mother and grandmother Russell forced her to do sexual acts inside the man’s car.

Russell, who went to the Keokuk Police Department later that day, told detectives he drove the girl from a home on McKinley Street to his house in the 200 block of South 15th Street, both in Keokuk, but denied having sex.

He then asked Weber if detectives had any DNA samples from the girl and “if this was going to have him arrested.”

However, the girl said during the ride from McKinley Street, Russell drove to nearby Valley Road where he stopped and made her drive while he put on a condom. She said she was instructed to drive to an area where no one would see them.

In an unspecified remote area, Russell allegedly forced the girl onto his lap and pulled her pants down, according to court papers filed in support for a warrant.

Authorities allege, based on the girl’s statement, that while on his lap, Russell started rubbing his genitals against the girl’s buttocks.

“After a brief struggle, he rolled over making her face the rear of the car,” according to court documents. Russell allegedly again forced rubbing on the girl, according to court documents.

The day after the report was made, Russell left several phone messages on the detective’s voice mail denying he personally engaged the girl in that sexual act.

In the message which was kept as evidence, Russell told the detective, “I used a banana rubber and just rubbed it on her … .”

Authorities did not disclose Russell’s status as a result his slashed wrist.

Weber said additional charges may be filed against Russell, but they would come from the Keokuk Police Department. He did not comment on whether those charges would stem from the same incident.

Russell is being held on a $200,000 bond.

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Man could be sent to jail for sex with teen

Saturday, March 22nd, 2008

By JOHN MANGALONZO

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WAPELLO — Forbidden love may be as old as time, but for a 21-year-old Letts man, serving a prison term may be just a matter of time.

That’s if Jack Michael Smith is convicted of third-degree sexual abuse, a charge lodged by Louisa County Sheriff’s officials on allegations Smith had a romantic/sexual relationship with a 15-year-old girl, who now is pregnant. He was arrested Thursday.

Earlier in March, the girl, accompanied by her father, spoke to detectives at the sheriff’s office where she claimed Smith fathered the child she was carrying.

The girl said the series of three sexual encounters with Smith were not forced, but were consensual, and they started in November. Court records show the baby is due in September.

During an interview with detectives, the girl’s father said he learned about his daughter’s pregnancy in January, and he felt the romantic relationship between his daughter and Smith was wrong. He cited the age gap between the two as well as the fact that girl’s mother is engaged to Smith’s father.

Smith moved into the home of the girl’s mother, the day after Thanksgiving. Detectives did not disclose whether the 15-year-old also lived there.

The mother, according to the investigation, learned her daughter and Smith were sleeping together in December and had talked to the girl about it.

Smith and the girl met some time in November at Smith’s father’s home in Letts. Soon after, the two began seeing more of each other and developed a romantic relationship.

However, contrary to what the girl told detectives, Smith claimed to have had at least 10 encounters with the teen between late November and January.

When confronted by his father, Smith denied having any kind of relationship with the girl. But Smith’s father later told detectives his son has accepted the responsibility of being the father of the girl’s unborn child.

Smith has been released on bond, jail officials said.

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Wahine 40 years on: The last rescue

Thursday, March 20th, 2008

KATHRYN DALLAS still remembers the waves grey, menacing and as tall as four-storey buildings, they broke over her head twice a minute, repeatedly forcing her below the waters of Wellington Harbour. For more than two hours she had battled to live, but now the numbingly cold sea and the constant assault of the water from all directions was starting to overwhelm her. She was struggling to stay awake. To stay alive.
Gripping a lifebuoy with one arm, her other holding her ill-fitting lifejacket in place, the 19-year-old Canterbury University arts student could see the harbour%26#39;s shore a few hundred metres away. But it was out of reach. She and the two men sharing the lifebuoy were being swept out to sea on a fierce tidal flow during the worst storm in New Zealand history the storm of April 10, 1968, that had rolled the interisland ferry Wahine and forced 735 crew and passengers to abandon ship.
More than 400 of those had had to swim for their lives, and Dallas and her companions 16-year-old Whangarei farmhand Paul Field and Cambridge farmer Brian Townend, 55 were the last people waiting for rescue. Strangers until they met in the sea that day, they had clung to the lifebuoy and each other for an hour. They were bonded in a remarkable tale of heroism, survival and at the end, the very end, tragedy.
Dallas, now a Wellington businesswoman named Kath Henderson, has particularly clear recollections of the day because her parents, in the days following, persuaded her to write down an account of the day. As the 40th anniversary of the tragedy approaches, she has publicly shared that journal for the first time.
%26quot;It got so I couldn%26#39;t stand watching the waves coming,%26quot; she wrote. %26quot;They were ENORMOUS. I just shut my eyes and the other two took it in turn to say when a wave was coming, then you held your breath while the wave broke and boiled all over you. After each wave I rose to the surface, checked that the others were still there, then shut my eyes again.%26quot;
Dallas was unlucky to be in the water still. When she leapt from the Wahine, wearing a lumpy, orange lifejacket, she was pulled almost immediately on to a rubber life raft. But, in one of the many disasters within a disaster on that day, the raft was run down by a lifeboat and was punctured and sunk. Back in the water and, fearing she would be sucked under when the ship sank, Dallas had dog-paddled her way clear of the Wahine. Sometimes alone, sometimes with other passengers, she would spend hours in the bitterly cold water, drifting more than 7km in total.

IT HAD started out as a jolly short break. A trip from Lyttelton to Wellington on an almost new passenger ferry advertised as the world%26#39;s best overnight sea journey to attend a friend%26#39;s 21st birthday party.
Excited about the visit to Wellington, Dallas rose early and left her four-berth cabin just before 6am on April 10, a Wednesday, as the ship crossed Cook Strait. She headed upstairs, ready to be one of the first to disembark when the Wahine completed her 11-hour voyage.
It had been an uneventful passage till then, and even though the weather had deteriorated overnight, the five to six metre swells and southerly gusting to 85km/h were not unusual conditions for the Strait.
But with a ferocious suddenness the weather worsened. One minute the crew on the bridge of the Wahine were able to see the Baring Head lighthouse 16km away, the next visibility was zero, wiped away by torrential rain and the sea spray being licked off the ocean by 160km wind gusts.
The sea changed too. The ocean floor rises rapidly near the entrance to Wellington Harbour. As it shallows, it forces the swells into higher peaks, with shorter gaps between. Swells which a few minutes earlier were easily manageable were now powerful waves of 7m or more, racing at almost 30km/h.
The Wahine was in trouble. One of the waves caught her at just the wrong moment. Her stern was raised, her rudder and propellers out of the water. The 8944 tonne ferry raced down the wave like a vast, out-of-control surfboard.
Dallas, sitting in the %26quot;smoking lounge%26quot;, five decks above the waterline, noticed the violent change. She found herself soaked seawater was %26quot;forcing its way through the tightly shut and bolted windows as waves washed over them%26quot;. The Wahine had broached and lost all her way. She was beam on to the wild sea and rolling alarmingly.
%26quot;It got so rough that the furniture which was not bolted down on the floor began to slide from one side of the lounge to the other. I held on to the curtains to avoid being thrown across the room.%26quot;
Three elderly women were sitting in the lounge too. One was thrown from her seat and %26quot;fell under a table and furniture fell all over her. She looked shocked and started crying%26quot;.
For 30 wild minutes, the captain, still with no visibility, attempted to turn the ferry and head back to sea. But at 6.43am the Wahine struck Barrett Reef.
%26quot;The ship seemed to lift and crunch, crunch down on something. I looked out the window. It was still fairly dark but I saw four or five men in orange lifejackets run past towards the stern and look over the side. The ship seemed to be almost still, which was wonderful after the roughness.%26quot;
Passengers were ordered to put on their lifejackets and go to their muster stations. Soon, however, soothing messages over the ship%26#39;s tannoy system assured everyone the ship was safe and rescuers were on the way.
For six hours Dallas sat in the lounge, chatting to people and laughing as groups started singing among the renditions: %26quot;Row, row, row your boat…%26quot; Stewards handed out hot chips, ham sandwiches, ice cream and %26quot;sweet and mucky coffee%26quot; as passengers listened to radio reports of havoc ashore. They heard that most of the homes in the Wellington hilltop suburb of Kingston had lost their roofs, and that an eight-year-old girl was dead after roofing iron blew through her bedroom window, %26quot;decapitating her%26quot;.
%26quot;So you%26#39;re only thinking, `Well we%26#39;re quite safe here really%26#39;. I think they might have had the anchors out, and we were getting all this food brought to us. It was quite comfortable.%26quot;
But then, six hours after striking Barrett Reef, around 1pm, the Wahine started listing, and the call came to abandon ship.
Of the Wahine%26#39;s 735 passengers and crew, more than 400 were forced to swim for survival. Some lifeboats could not be launched, and inflatable life rafts were whisked away by the wind. Paul Field and Brian Townend were, along with Dallas, among those who jumped in to the sea.
Townend made a clear choice not to get in to a lifeboat. He helped Clare, his wife of more than 30 years, into one but, in spite of encouragement from other passengers, refused to join her, saying there were people more deserving of one of the precious seats. Townend instead hugged Clare goodbye. A former seaman on the schooner Huia, which transported explosives from Australia to New Zealand, he was comfortable on ships and wanted to help with the evacuation.
Around the same time Field jumped, but quickly became separated from the friend with whom he had spent a few months on a South Island working holiday.
DALLAS DRIFTED alone for about 40 minutes before washing up against two soldiers. %26quot;[Then] we drifted down on top of about 10 other people hanging on to each other%26#39;s lifejackets, so we joined up too.%26quot;
Soon there was hope. The tug Tapuhi appeared out of the misty gloom. %26quot;It tried to pick us up but we were in very heavy seas and it was impossible.%26quot;
Lifted by the crest of a wave the tug%26#39;s great black hull would sit menacingly over those in the water, %26quot;then it would be down in a trough and we would be looking down on the deck. This was really frightening it looked as though the tug would run us over or we would be smashed on to the deck%26quot;.
The Tapuhi plucked more than 100 people from the sea that day, but this was one rescue it abandoned. As the tug backed away its crew threw those in the water some lifebuoys. Dallas grabbed one. Townend and Field grabbed the same bouy. The others the Tapuhi had attempted to rescue were now, again, scattered.
%26quot;The three of us two men and myself drifted on, each with an arm hooked round the little lifebelt.%26quot;
Dallas remembers passing bodies still in lifejackets. She also saw people being smashed on to the rocks along the shoreline. Others were scrambling up the pebbly beaches.
She and her companions, though, were being swept out to sea. The great storm had driven an extraordinary amount of water in to Wellington Harbour, forcing a premature and record high tide. Now that great mass of water was trying to escape. Dallas%26#39;s group was the farthest from land and trapped in the tidal outflow.
It was at this time the waves reached their peak. The wind had abated but the enormous swell it had whipped up, later estimated by Niwa experts to have peaked at about 14m high in Cook Strait, was still surging into the narrow and shallow entrance to Wellington Harbour. The tidal outflow only forced those incoming swells higher, into enormous cresting waves.
These were the relentless waves which had Dallas closing her eyes as they %26quot;broke and boiled%26quot;.
%26quot;It was really all you could do to keep breathing. Water kept washing in your nose and mouth. You could scarcely gasp to talk to each other, let alone shout.%26quot;
The cold, the exhaustion and the never-ending breakers were taking their toll. %26quot;It was starting to get very difficult to keep awake. The others said they were sleepy too. We talked to each other to keep awake.%26quot;
It was then that Brian Townend came in to his own. A hardened farmer and active polo player who had once been a professional sprinter, at 55 Townend was in good shape. As Dallas and Field faded, Townend talked to them, encouraging them. Dallas remembers she and Field were struggling to keep their heads above the water %26quot;and often felt it would be easier to give in%26quot;.
In a letter, Dallas later wrote that %26quot;it was Mr Townend who kept us conscious and determined to live. He said again and again that we would reach shore as others appeared to have done. He said that we would make it and see all our relatives and friends again.
%26quot;The intense cold began to make us lose consciousness so he kept us awake by asking about where we came from and other things about us. He worked out that with the three of us on the lifebelt we could all face different directions and warn each other to hold our breaths as the huge waves broke over us again and again.%26quot;
When, even with his cajoling and questioning, the two teenagers began to slip away, Townend started to pray. And whether it was the prayers or not, a small miracle happened.
ALLAN PAIN is the second hero of this story. The Lower Hutt businessman and weekend boatie joined the flotilla of little pleasure craft which set out to save lives.
Pain%26#39;s boat. the Nereides, was a 13m, high-sided wooden launch. Slow, and 42 years old, it was one of the last on the scene. Instead of heading toward Eastbourne, where most of the boats were involved in rescues, Pain went south towards the heads where, he discovered to his horror, the waves were at their worst.
Auckland businessman Peter Ward, then aged 12, recalls being terrified.
%26quot;They were 30, 40 feet high [9-12m] and they were starting to break.%26quot;
Ward%26#39;s mother Joan, who died just before Christmas last year, described the scene as surreal. %26quot;There we were, a man, a housewife and a schoolboy, in the middle of these wild seas. None of us were prepared for that.%26quot;
Rescue was no longer on Pain%26#39;s mind. He was concerned about survival. But then, on the crest of a wave, everything changed. Pain spotted three people in the water.
%26quot;We were all petrified,%26quot; Joan Ward recalled. %26quot;I know I wanted to run away and I think Allan did, but we just couldn%26#39;t. Allan was scared for us, but he also knew those people were going to die if we didn%26#39;t help them.%26quot;
Dallas remembers her heart surging as %26quot;suddenly I saw the mast of a boat. We thought we were too far out and no one would find us. It was so rough out there you couldn%26#39;t see very far%26quot;.
Pain tried to manoeuvre the Nereides toward those in the water, but it was dangerous and difficult. %26quot;They circled us several times but had the same trouble as the tug in getting close to us without coming down on top of us,%26quot; Dallas noted.
Realising Pain would not be able to get to them, the trio abandoned the lifebuoy and swam to the boat. But once there they discovered a new problem there was nothing to hold on to and no way to climb on to the boat.
The Nereides was now perilously close to rocks off the Pencarrow coastline. One rescue boat, the Tahi Miranda, had already been wrecked on rocks near Eastbourne.
Pain, with the help of Peter Ward, hauled Field from the water. Field had been chosen first because Pain mistook his long hair for that of a girl. Once on board the 16-year-old tried to help with the rescue, but collapsed with exhaustion.
Townend demanded Dallas be next. Although petite she was too heavy to quickly lift on board. With her sodden clothing %26quot;slacks, a natural wool jersey, a corduroy coat, Hush Puppy shoes%26quot; and a handbag attached to her lifejacket, Dallas was a dead weight of more than 80kg.
The rocks were looming. %26quot;We could see the kelp, see the bottom, it was very frightening%26quot; Peter Ward recalled. Pain decided to save his boat. He hooked ropes under the arms of Dallas and Townend, gunned the motor and dragged the pair several hundred metres away from the rocks.
%26quot;It was terribly painful, and that%26#39;s about the last thing I really remember very clearly for a while. But they said we were really only semiconscious and that we were screaming,%26quot; Dallas wrote.
Finally, with Joan Ward on the wheel, Peter Ward dangling half over the side and Pain using every ounce of strength he had, Dallas was rescued.
%26quot;I was laid out like a sardine on the deck next to Paul. I couldn%26#39;t believe I was safe. I had just about given up all hope.%26quot;
Too weak to even talk, she just lay there. She could hear the struggle to rescue Townend but had no energy to help.
Then a stroke of luck. Another boat, a rubber Zodiac from the passenger liner the Southern Cross, appeared. On board were four men, three in diving suits. Two jumped into the sea while the third leapt on to the Nereides.
Sometime after 4.30pm, more than three hours after abandoning the Wahine, the last of the 735 who had been aboard the Wahine was out of the water. But it was bittersweet. Just moments after he was pulled aboard the Nereides, Brian Townend died.
The following month, the coroner found Townend had died by drowning. But the same cause of death was given to almost everyone who died that day, even those whose heads were split open on rocks. It is thought likely that Townend died of a heart attack, possibly brought on by being laid flat on the Nereides%26#39; deck.
Inside Story: The Wahine Disaster, screens on TV1 at 9.30pm on Monday, March 31.

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Man in hit and run pleads not guilty

Thursday, March 20th, 2008

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A Burlington man accused in the hit and run death of a Middletown woman pleaded not guilty Monday.

Thirty-year-old Matthew Wayne Smith, charged with leaving the scene of a fatality accident, is set to stand trial June 10. He has waived his right to a speedy trial.

A pretrial conference on the case is slated for May 12.

On Jan. 29, a passing motorist on Old U.S. 34 found the body of a woman, later identified as 45-year-old Vicky L. Kerfoot of Middletown, in a gravel ditch alongside the south shoulder, 5 feet off the eastbound lane of the highway.

Des Moines County Sheriff’s detectives said Kerfoot was walking in the area the night she was struck by Smith, who was driving a 1999 Toyota Camry Solaris. The housing of the side mirror broke off the vehicle upon impact.

Smith told detectives shortly before his arrest he did not stop on U.S. 34 near Middletown late Jan. 28 after hitting “something” because he had been drinking.

Serial forger

pleads guilty

Prosecutors are expected to ask a judge to send a 31-year-old Lockridge woman, who has been convicted several times of forgery, to prison.

Carrie Elizabeth Moser on Monday pleaded guilty as a habitual offender on three counts of forgery. She will be sentenced April 14.

Assistant Des Moines County Attorney Lisa Taylor said prosecutors have agreed to jointly — with the defense — ask a judge to hand down 15 years for each count and the terms run concurrently with each other.

Moser has forgery convictions from Des Moines and Henry counties in separate cases from 2003 to 2006, including an escape by a felon conviction in Wapello County in May 2005. She is out on parole on a prior forgery conviction.

The case started with an Aug. 23 report police received from a Burlington man who said his bank informed him of suspicious activities regarding some of his checks, five of which were made out to Hy-Vee grocery store and gas station on Agency Street Aug. 12 for more than $1,000.

After being shown footage of the store’s surveillance camera, officers recognized Moser as the one writing the checks, having dealt with her in the past.

Investigators say Moser went shopping Aug. 18 for a new television, clothes and other items, racking up more than $900 at the Target Store in West Burlington using a debit card she allegedly stole from a Burlington resident.

Arson trial set

Andrew Kenneth McNeil, the 22-year-old Burlington man who authorities said tried to burn down his own house has pleaded not guilty to second-degree arson.

If a plea agreement is not reached, his case will go to trial May 6.

Police arrested McNeil last month after an investigation into a reported fire in his home at 1211 N. Eighth St. turned up multiple points of origin, which led detectives to believe the fire was more than accidental.

Firefighters noted upon their arrival, the ceiling tiles were still smoldering, which indicated the “fire had been freshly set.” Most of the flames already were extinguished at that time.

McNeil commented to investigators that he thought the ceiling tiles in his home were fire resistant, but denied he started the fire.

Man enters plea

Prison time is looming in the horizon for a 48-year-old West Burlington man.

The only remaining question in the case against Thomas Joseph Provenzano is whether a judge would accept the joint recommendation from attorneys to give him concurrent prison terms.

On Monday, Provenzano pleaded guilty to two of his cases where he is charged with one count each of third-offense possession of a controlled substance. He is facing no more than five years in prison for each charge.

In exchange for his guilty plea, prosecutors agreed not to seek subsequent offender sentence enhancements against Provenzano.

Provenzano’s drug-related convictions date back to January 1987 when he was charged with possession of marijuana in Johnson County. Soon after, several offenses and convictions in different counties, including possession of a firearm by a felon in September 2000 in Jefferson County, were added to his list.

He was arrested in August when police found several prescription drugs on him without a prescription.

Provenzano had another contact with police in September when authorities responded in the 300 block of South Third Street on reports of a suspicious man walking in a yard.

Officers later found Provenzano walking along the railroad tracks at Third and Market streets.

Investigators recovered a pipe and a small plastic bag of crack cocaine on the ground where Provenzano allegedly dropped them.

He is scheduled to be sentenced April 7.

Trial reset for teen

in sexual abuse case

The March 11 trial date for a Burlington teen accused of third-degree sexual abuse of a 14-year-old girl has been moved to May 6.

However, prosecutors say they are ready to try the case against 17-year-old Kyle James Upton who authorities allege took advantage of the drunken teen last year.

Upton told investigators the act was consensual, and the girl was a “willing participant.” He said the girl decided not to go through with it.

However, the alleged victim told detectives she was awakened by Upton, who was on top of her, her pants and underwear where pulled off, and Upton was about to perform a sexual act, according to a sheriff’s report.

The trial is expected to last for three days, attorneys said.

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Wahine 40 years on: The last rescue

Monday, March 17th, 2008

KATHRYN DALLAS still remembers the waves grey, menacing and as tall as four-storey buildings, they broke over her head twice a minute, repeatedly forcing her below the waters of Wellington Harbour. For more than two hours she had battled to live, but now the numbingly cold sea and the constant assault of the water from all directions was starting to overwhelm her. She was struggling to stay awake. To stay alive.
Gripping a lifebuoy with one arm, her other holding her ill-fitting lifejacket in place, the 19-year-old Canterbury University arts student could see the harbour%26#39;s shore a few hundred metres away. But it was out of reach. She and the two men sharing the lifebuoy were being swept out to sea on a fierce tidal flow during the worst storm in New Zealand history the storm of April 10, 1968, that had rolled the interisland ferry Wahine and forced 735 crew and passengers to abandon ship.
More than 400 of those had had to swim for their lives, and Dallas and her companions 16-year-old Whangarei farmhand Paul Field and Cambridge farmer Brian Townend, 55 were the last people waiting for rescue. Strangers until they met in the sea that day, they had clung to the lifebuoy and each other for an hour. They were bonded in a remarkable tale of heroism, survival and at the end, the very end, tragedy.
Dallas, now a Wellington businesswoman named Kath Henderson, has particularly clear recollections of the day because her parents, in the days following, persuaded her to write down an account of the day. As the 40th anniversary of the tragedy approaches, she has publicly shared that journal for the first time.
%26quot;It got so I couldn%26#39;t stand watching the waves coming,%26quot; she wrote. %26quot;They were ENORMOUS. I just shut my eyes and the other two took it in turn to say when a wave was coming, then you held your breath while the wave broke and boiled all over you. After each wave I rose to the surface, checked that the others were still there, then shut my eyes again.%26quot;
Dallas was unlucky to be in the water still. When she leapt from the Wahine, wearing a lumpy, orange lifejacket, she was pulled almost immediately on to a rubber life raft. But, in one of the many disasters within a disaster on that day, the raft was run down by a lifeboat and was punctured and sunk. Back in the water and, fearing she would be sucked under when the ship sank, Dallas had dog-paddled her way clear of the Wahine. Sometimes alone, sometimes with other passengers, she would spend hours in the bitterly cold water, drifting more than 7km in total.

IT HAD started out as a jolly short break. A trip from Lyttelton to Wellington on an almost new passenger ferry advertised as the world%26#39;s best overnight sea journey to attend a friend%26#39;s 21st birthday party.
Excited about the visit to Wellington, Dallas rose early and left her four-berth cabin just before 6am on April 10, a Wednesday, as the ship crossed Cook Strait. She headed upstairs, ready to be one of the first to disembark when the Wahine completed her 11-hour voyage.
It had been an uneventful passage till then, and even though the weather had deteriorated overnight, the five to six metre swells and southerly gusting to 85km/h were not unusual conditions for the Strait.
But with a ferocious suddenness the weather worsened. One minute the crew on the bridge of the Wahine were able to see the Baring Head lighthouse 16km away, the next visibility was zero, wiped away by torrential rain and the sea spray being licked off the ocean by 160km wind gusts.
The sea changed too. The ocean floor rises rapidly near the entrance to Wellington Harbour. As it shallows, it forces the swells into higher peaks, with shorter gaps between. Swells which a few minutes earlier were easily manageable were now powerful waves of 7m or more, racing at almost 30km/h.
The Wahine was in trouble. One of the waves caught her at just the wrong moment. Her stern was raised, her rudder and propellers out of the water. The 8944 tonne ferry raced down the wave like a vast, out-of-control surfboard.
Dallas, sitting in the %26quot;smoking lounge%26quot;, five decks above the waterline, noticed the violent change. She found herself soaked seawater was %26quot;forcing its way through the tightly shut and bolted windows as waves washed over them%26quot;. The Wahine had broached and lost all her way. She was beam on to the wild sea and rolling alarmingly.
%26quot;It got so rough that the furniture which was not bolted down on the floor began to slide from one side of the lounge to the other. I held on to the curtains to avoid being thrown across the room.%26quot;
Three elderly women were sitting in the lounge too. One was thrown from her seat and %26quot;fell under a table and furniture fell all over her. She looked shocked and started crying%26quot;.
For 30 wild minutes, the captain, still with no visibility, attempted to turn the ferry and head back to sea. But at 6.43am the Wahine struck Barrett Reef.
%26quot;The ship seemed to lift and crunch, crunch down on something. I looked out the window. It was still fairly dark but I saw four or five men in orange lifejackets run past towards the stern and look over the side. The ship seemed to be almost still, which was wonderful after the roughness.%26quot;
Passengers were ordered to put on their lifejackets and go to their muster stations. Soon, however, soothing messages over the ship%26#39;s tannoy system assured everyone the ship was safe and rescuers were on the way.
For six hours Dallas sat in the lounge, chatting to people and laughing as groups started singing among the renditions: %26quot;Row, row, row your boat…%26quot; Stewards handed out hot chips, ham sandwiches, ice cream and %26quot;sweet and mucky coffee%26quot; as passengers listened to radio reports of havoc ashore. They heard that most of the homes in the Wellington hilltop suburb of Kingston had lost their roofs, and that an eight-year-old girl was dead after roofing iron blew through her bedroom window, %26quot;decapitating her%26quot;.
%26quot;So you%26#39;re only thinking, `Well we%26#39;re quite safe here really%26#39;. I think they might have had the anchors out, and we were getting all this food brought to us. It was quite comfortable.%26quot;
But then, six hours after striking Barrett Reef, around 1pm, the Wahine started listing, and the call came to abandon ship.
Of the Wahine%26#39;s 735 passengers and crew, more than 400 were forced to swim for survival. Some lifeboats could not be launched, and inflatable life rafts were whisked away by the wind. Paul Field and Brian Townend were, along with Dallas, among those who jumped in to the sea.
Townend made a clear choice not to get in to a lifeboat. He helped Clare, his wife of more than 30 years, into one but, in spite of encouragement from other passengers, refused to join her, saying there were people more deserving of one of the precious seats. Townend instead hugged Clare goodbye. A former seaman on the schooner Huia, which transported explosives from Australia to New Zealand, he was comfortable on ships and wanted to help with the evacuation.
Around the same time Field jumped, but quickly became separated from the friend with whom he had spent a few months on a South Island working holiday.
DALLAS DRIFTED alone for about 40 minutes before washing up against two soldiers. %26quot;[Then] we drifted down on top of about 10 other people hanging on to each other%26#39;s lifejackets, so we joined up too.%26quot;
Soon there was hope. The tug Tapuhi appeared out of the misty gloom. %26quot;It tried to pick us up but we were in very heavy seas and it was impossible.%26quot;
Lifted by the crest of a wave the tug%26#39;s great black hull would sit menacingly over those in the water, %26quot;then it would be down in a trough and we would be looking down on the deck. This was really frightening it looked as though the tug would run us over or we would be smashed on to the deck%26quot;.
The Tapuhi plucked more than 100 people from the sea that day, but this was one rescue it abandoned. As the tug backed away its crew threw those in the water some lifebuoys. Dallas grabbed one. Townend and Field grabbed the same bouy. The others the Tapuhi had attempted to rescue were now, again, scattered.
%26quot;The three of us two men and myself drifted on, each with an arm hooked round the little lifebelt.%26quot;
Dallas remembers passing bodies still in lifejackets. She also saw people being smashed on to the rocks along the shoreline. Others were scrambling up the pebbly beaches.
She and her companions, though, were being swept out to sea. The great storm had driven an extraordinary amount of water in to Wellington Harbour, forcing a premature and record high tide. Now that great mass of water was trying to escape. Dallas%26#39;s group was the farthest from land and trapped in the tidal outflow.
It was at this time the waves reached their peak. The wind had abated but the enormous swell it had whipped up, later estimated by Niwa experts to have peaked at about 14m high in Cook Strait, was still surging into the narrow and shallow entrance to Wellington Harbour. The tidal outflow only forced those incoming swells higher, into enormous cresting waves.
These were the relentless waves which had Dallas closing her eyes as they %26quot;broke and boiled%26quot;.
%26quot;It was really all you could do to keep breathing. Water kept washing in your nose and mouth. You could scarcely gasp to talk to each other, let alone shout.%26quot;
The cold, the exhaustion and the never-ending breakers were taking their toll. %26quot;It was starting to get very difficult to keep awake. The others said they were sleepy too. We talked to each other to keep awake.%26quot;
It was then that Brian Townend came in to his own. A hardened farmer and active polo player who had once been a professional sprinter, at 55 Townend was in good shape. As Dallas and Field faded, Townend talked to them, encouraging them. Dallas remembers she and Field were struggling to keep their heads above the water %26quot;and often felt it would be easier to give in%26quot;.
In a letter, Dallas later wrote that %26quot;it was Mr Townend who kept us conscious and determined to live. He said again and again that we would reach shore as others appeared to have done. He said that we would make it and see all our relatives and friends again.
%26quot;The intense cold began to make us lose consciousness so he kept us awake by asking about where we came from and other things about us. He worked out that with the three of us on the lifebelt we could all face different directions and warn each other to hold our breaths as the huge waves broke over us again and again.%26quot;
When, even with his cajoling and questioning, the two teenagers began to slip away, Townend started to pray. And whether it was the prayers or not, a small miracle happened.
ALLAN PAIN is the second hero of this story. The Lower Hutt businessman and weekend boatie joined the flotilla of little pleasure craft which set out to save lives.
Pain%26#39;s boat. the Nereides, was a 13m, high-sided wooden launch. Slow, and 42 years old, it was one of the last on the scene. Instead of heading toward Eastbourne, where most of the boats were involved in rescues, Pain went south towards the heads where, he discovered to his horror, the waves were at their worst.
Auckland businessman Peter Ward, then aged 12, recalls being terrified.
%26quot;They were 30, 40 feet high [9-12m] and they were starting to break.%26quot;
Ward%26#39;s mother Joan, who died just before Christmas last year, described the scene as surreal. %26quot;There we were, a man, a housewife and a schoolboy, in the middle of these wild seas. None of us were prepared for that.%26quot;
Rescue was no longer on Pain%26#39;s mind. He was concerned about survival. But then, on the crest of a wave, everything changed. Pain spotted three people in the water.
%26quot;We were all petrified,%26quot; Joan Ward recalled. %26quot;I know I wanted to run away and I think Allan did, but we just couldn%26#39;t. Allan was scared for us, but he also knew those people were going to die if we didn%26#39;t help them.%26quot;
Dallas remembers her heart surging as %26quot;suddenly I saw the mast of a boat. We thought we were too far out and no one would find us. It was so rough out there you couldn%26#39;t see very far%26quot;.
Pain tried to manoeuvre the Nereides toward those in the water, but it was dangerous and difficult. %26quot;They circled us several times but had the same trouble as the tug in getting close to us without coming down on top of us,%26quot; Dallas noted.
Realising Pain would not be able to get to them, the trio abandoned the lifebuoy and swam to the boat. But once there they discovered a new problem there was nothing to hold on to and no way to climb on to the boat.
The Nereides was now perilously close to rocks off the Pencarrow coastline. One rescue boat, the Tahi Miranda, had already been wrecked on rocks near Eastbourne.
Pain, with the help of Peter Ward, hauled Field from the water. Field had been chosen first because Pain mistook his long hair for that of a girl. Once on board the 16-year-old tried to help with the rescue, but collapsed with exhaustion.
Townend demanded Dallas be next. Although petite she was too heavy to quickly lift on board. With her sodden clothing %26quot;slacks, a natural wool jersey, a corduroy coat, Hush Puppy shoes%26quot; and a handbag attached to her lifejacket, Dallas was a dead weight of more than 80kg.
The rocks were looming. %26quot;We could see the kelp, see the bottom, it was very frightening%26quot; Peter Ward recalled. Pain decided to save his boat. He hooked ropes under the arms of Dallas and Townend, gunned the motor and dragged the pair several hundred metres away from the rocks.
%26quot;It was terribly painful, and that%26#39;s about the last thing I really remember very clearly for a while. But they said we were really only semiconscious and that we were screaming,%26quot; Dallas wrote.
Finally, with Joan Ward on the wheel, Peter Ward dangling half over the side and Pain using every ounce of strength he had, Dallas was rescued.
%26quot;I was laid out like a sardine on the deck next to Paul. I couldn%26#39;t believe I was safe. I had just about given up all hope.%26quot;
Too weak to even talk, she just lay there. She could hear the struggle to rescue Townend but had no energy to help.
Then a stroke of luck. Another boat, a rubber Zodiac from the passenger liner the Southern Cross, appeared. On board were four men, three in diving suits. Two jumped into the sea while the third leapt on to the Nereides.
Sometime after 4.30pm, more than three hours after abandoning the Wahine, the last of the 735 who had been aboard the Wahine was out of the water. But it was bittersweet. Just moments after he was pulled aboard the Nereides, Brian Townend died.
The following month, the coroner found Townend had died by drowning. But the same cause of death was given to almost everyone who died that day, even those whose heads were split open on rocks. It is thought likely that Townend died of a heart attack, possibly brought on by being laid flat on the Nereides%26#39; deck.
Inside Story: The Wahine Disaster, screens on TV1 at 9.30pm on Monday, March 31.

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