O/T stories 08/30
PUSSSYKATT
NY By JOHN LEHMANN
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A Long Island man who was jailed as a teenager 19 years ago for killing a
13-year-old boy by shoving rocks down his throat is set to walk free after a
court ruling yesterday.
Thomas Ryan, 41, was one of four teenagers charged after John Pius was found in
April 1979 beaten and suffocated in woods behind the Dogwood Elementary School
in Smithtown, L.I.
In the latest chapter of a twisting legal saga, a three-judge appeals panel
ruled that Ryan should be released from the Eastern Correctional Facility near
Napanoch because his third trial was flawed due to "erroneous evidentiary
rulings."
Ryan was first convicted and sentenced to a 25 years to life imprisonment in
1983, but the verdict was later overturned because the confession of one of the
four charged teenagers was improperly obtained by police.
The government's second attempt to try Ryan resulted in a mistrial.
The ruling yesterday found that the third trial was flawed because the court
allowed testimony from police officers about their responses to the confession,
although the fact that there was a confession was not mentioned.
* * *
$5M 'FALL'OUT FOR WEDDING SMASH
NY POST/By DAREH GREGORIAN
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Let's go to the wedding videotape! A Park Avenue woman has filed a $5 million
lawsuit against a videographer, charging he gave her the wedding-bell blues -
and a broken arm - by tripping her during a friend's nuptials.
The videographer, Bill Poznanski, maintains Babette Gruenberg walked into him
because she wasn't watching where she was going - and he has video showing the
"seriously injured" woman partying it up at the reception hours after the
accident.
"This is a case of an elderly woman who had a few stiff drinks along with her
heart medication who was not looking where she walked," Poznanski's lawyer,
Susan Chana Lask, said in court papers.
She told The Post the suit is "meritless" and "incredibly ridiculous."
The septuagenarian's side contends Poznanski "was lying on the floor [at the
time of the accident], which constituted a dangerous, hazardous and defective
condition."
The stumble happened at the June 5, 1999, reception for Peter Kaplan and Karen
Adler at the University Club on West 54th Street.
Poznanski said he was shooting the wedding cake in an empty reception room when
Gruenberg and a friend strolled in.
Gruenberg says in her suit that Poznanski was lying on the ground, and with no
room to get around him, she tripped over his leg.
She says the fall left her with "severe, painful and serious personal injuries
in or about the head, limbs and body," including "contusions, abrasions,
lacerations, fractures and sprains," "severe shock to the nervous system,"
"internal injuries" and "mental anguish."
As a result, she was "confined to a hospital, bed and home for a long period of
time."
At Poznanski's deposition, he said he tried scooting forward as he saw the pair
approaching him and figured they'd just walk around him because, at 6-foot-3,
he's hard to miss.
"I was stunned they bumped into me . . . I'm not exactly too small," he said,
adding that he was holding his camera and shining its light at the wedding cake
at time of the collision.
He said he thought Gruenberg was fine since she stayed at the party.
Lask said Poznanski's video shows her two hours after the fall "having a ball .
. . with her pocketbook slung over her alleged $5 million broken arm and a
drink in the other hand." She added Gruenberg didn't go to see a doctor until
two days later.
Gruenberg's lawyer didn't return a call for comment.
Manhattan Supreme Court Justice Barbara Kapnick is allowing the case to
proceed. "There are issues of fact as to whether or plaintiff should have
observed [Poznanski] prior to falling over his outstretched leg," the judge
found.
* * *
Artist takes a journey round Prince of Cool
By Jack Malvern, Arts Reporter
THE Prince of Wales appears as you have never seen him before in a series of
portraits shown today in The Times.
Alla Tkachuk, a Russian-born artist, depicts the Prince in a variety of unusual
poses, including a “Prince of Cool” in dark glasses, and a “black”
Prince, and a series of him talking to himself.
Ms Tkachuk, 36, sketched out ideas for five portraits during a visit to
Highgrove in August last year.
She was inspired to paint him as a black man because she wanted to show him as
a different nationality. “I tried to make him look black, but he’s quite
recognisable,” she said. “It doesn’t change the person — it’s still
him.
“The Prince is quite forward-thinking. If people like him could change their
skin, it would change people’s perceptions of what skin colour means.”
Another portrait shows the Prince wearing dark glasses, an invented detail to
represent the subject’s guarded nature. “I feel the Prince is quite a
private person. He only looks at the viewer in one of the portraits, but even
then his eyes are not prominent. With the picture of him in dark glasses, he
looks at us but we cannot look at him. We were not connected. His eyes were
hidden from me as the artist.”
Ms Tkachuk also shows the Prince in conversation with himself to show his
mannerisms when he is with other people. In the picture he variously touches
his chin, adjusts his tie and tucks his thumb into his jacket pocket.
Another portrait shows the Prince looking out from a black frame. “He is
mostly hidden, looking out from the box. It shows that his emotions are hidden.
You see his face in a square in the middle, and this represents him looking
into himself.”
The artist was born in Russia and moved to Britain 13 years ago. She describes
her style as “modern”, and believes that subjects can be captured only by
observing them in action. She lectures at the University of London on “modern
portraiture” and avoids representational portraits.
Previous projects include the 1999 portrait of Darcey Bussell which hangs in
the National Portrait Gallery, and private commissions from Lord Sainsbury of
Preston Candover, and Sir John Nott, the former Defence Secretary.
The Prince was said to have been impressed by the quality of the work and has
requested that when the paintings are sold a proportion of the proceeds should
be donated to The Prince’s Trust. Ms Tkachuk said: “He came across as
totally different to how I expected. He was very charismatic and quite
appealing.”
The portraits will be exhibited at London’s Ebury Galleries in October.
Portrait slide show: http://www.timesonline.co.uk/article/0,,2-399194,00.html
* * *
London Couple Pose for Art, Safe Sex
By JILL LAWLESS, Associated Press Writer
LONDON (AP) - It may be the ultimate in public displays of affection.
A London couple are spending a week in bed, on public view in the storefront
window of a photography gallery, exposing themselves to curious gazes for the
sake of art — and safe sex.
Artist Liam Yeates opened the Soho show Thursday, letting the public view Max
Whatley, 24, and Meg Zakreta, 22, in their double bed 24 hours a day.
A condom machine hangs on the wall next to them to remind onlookers of the
importance of safe sex. When Whatley and Zakreta put its contents to use — as
they did just moments before the exhibition opened — they'll be concealed by
a thin curtain.
Yeates has titled the display at the Blink Gallery "No Inhibitions," and
explained that he wanted it to say something about the meaning of sexual
identity in the new millennium.
"It goes from the sexual revolution in the '60s to the present," he said,
adding that the exhibition played on the voyeurism of reality television shows
such as "Big Brother."
"From 'Big Brother' the idea kind of evolved, and this exhibition is even more
of a microcosm, with just the bed and the idea of sexual practices."
Standing outside the window Thursday night, Yeates said: "It's loosely based on
John and Yoko's love-in, but because this is the age of HIV and AIDS, there's a
condom machine."
Many people walking past the window were startled by what they saw, and stopped
to watch for a few minutes, often smiling.
"It certainly stopped us," said Robert Millner, who was with his girlfriend.
"If the purpose of art is to get people to notice, it worked. But maybe that's
not enough," he said, questioning whether it really was art.
Yeates invited Whatley, a real estate agent, and Zakreta, a nanny, to
participate after he saw them kissing in the Covent Garden neighborhood.
"We said, 'Well, no,' but then we thought about it and realized it might be fun
to be with each other for so long," Whatley said. "We are thinking about moving
in together, so this will be a good test to see if we still like each other
after spending 24 hours, seven days a week together."
The pair waved and smiled at passers-by from under their white duvet.
They'll be allowed out of the window display only to use the bathroom and take
short breaks.
* * *
CHRIS H. SIEROTY, UPI Technology Correspondent
--Nearly 10 million active Internet users in the United States check e-mail or
surf the Web for news or local services via mobile phones and handheld
computers, a research group said. ComScore Media Metrix said it found 5 million
of the 19.1 million users of handheld computers and 5.8 million of the 67.2
million U.S. mobile users have wireless Internet access. According to the
survey, dual use of both wireless Internet phones and handheld computers by
some consumers shrinks the absolute number of U.S. wireless Internet users to
9.9 million. The figure represents 11 percent of U.S. wireless users. Males
make up 72 percent, or 6.5 million, of wireless Internet users, but comprise
only 48 percent of overall Internet users, the survey said.
--Toyota Motor Corp. has unveiled a second-generation automobile Internet
network offering a wide range of interactive services from downloading music
and playing games to e-mail and e-commerce. The company said its new network,
called "G-Book," is leaps and bounds ahead of its current service "Monet,"
which primarily offers basic information and car navigation services. Unlike
its predecessor, "G-Book" does not require a cell phone to connect, using
instead a data communications module. It allows Japan's largest automaker to
offer a flat-fee service, meaning subscribers do not have to worry about online
time costs. In addition to the terminal on the dashboard, the network also will
be accessible from cell phones, personal computers and personal digital
assistants. Toyota declined to disclose how much it would be charging for the
new services or the amount it had invested or would be investing to develop the
network.
* * *
Summer Smog May Double in 2002
WASHINGTON (Reuters) - The number of times unhealthy smog levels blanketed U.S.
states rose 10 percent during the summer of 2001, and may double this year,
according to a study released Thursday by the U.S. Public Interest Research
Group.
Ground-level ozone, known also as smog, is worst during summer months when hot
temperatures react with chemicals spewed by cars, trucks and power plants to
form a gas which causes respiratory ailments.
The American Lung Association has estimated 141 million people -- or half of
the U.S. population -- lives where smog levels are high enough to cause serious
health problems such as asthma, eye and throat irritation and headaches.
During 2001 summer months, ozone levels exceeded federal health limits at least
4,634 times in 42 states and the District of Columbia, according to the new
report by PIRG, an environmental advocacy group. That was up 10 percent from
the number of unsafe days in 2000.
The trend appears to be worsening. Preliminary data for 2002 showed ozone
levels for 21 states are already up 23 percent from 2001, PIRG said.
The smog data "should cause alarm bells to go off among state and federal
policy makers," PIRG said in its report.
California, Pennsylvania and Texas were the smoggiest states in 2001, followed
by Ohio, Maryland, New Jersey and North Carolina, PIRG said.
Regionally, levels in New England, the Mid-Atlantic and Midwest rose from 2000
to 2001, while those in the Southeast and West fell, PIRG said.
PIRG offered the report as a reason for the Bush administration to reconsider a
plan to relax pollution rules when U.S. utilities repair or expand their power
plants -- the so-called "New Source Review" rules.
A Democratic-led Senate panel said it would hold a hearing next Tuesday to look
at the White House plan to ease air pollution rules. Scheduled to testify are
Christine Todd Whitman, the current head of the Environmental Protection
Agency, and Carol Browner, the EPA administrator under the Clinton
administration.
Cars and trucks generate about one-third of all nitrogen oxides, the precursor
to smog. Other major sources are power plants, which contribute 23 percent, and
off-road vehicles at 22 percent, PIRG said.
Ozone, an invisible, odorless gas, is formed when nitrogen oxides from power
plants, cars and other sources mix with other chemicals in the presence of
sunlight.
The highest health risk from smog is from early May to mid-August, when
particulates in the air react most strongly to heat and sunlight.
The Edison Electric Institute, a utility lobbying group, said U.S. air quality
has improved over the last three decades despite increases in power output and
U.S. economic growth.
"We can't control the weather, which does contribute to ozone," said Dan
Riedinger, a spokesman for the industry group. "But we can control our
emissions, and they are coming down."
Utilities in the Midwest and Eastern U.S. will curtail their ozone emissions to
achieve an industrywide 40 percent reduction by 2004 under existing
regulations, he said.
The Clean Air Act required the Environmental Protection Agency to set
nationwide standards for ozone. In 1997, the EPA adopted the current standard
that ozone cannot exceed 0.08 parts per million over an eight-hour period, but
the agency has said it will not apply the standard because of a number of court
challenges.
In May, nearly a dozen U.S. health and environmental groups threatened to sue
the EPA to end what they called "foot dragging" by the agency.
PIRG's report was based on data on eight-hour measurements from 1,121
stationary monitors gathered from the EPA and other state agencies.
* * *
WEIRD BUT TRUE
Bill Hoffmann and NY Post Wire Services
--A veterinarian doing a root canal made extra sure his patient was sedated -
because he didn't want the 400-pound tiger waking up. Even knocking out Bengo,
the Siberian-Bengal mix, with two broken teeth was tricky. "Tigers don't
necessarily like having a needle stuck in their butt," said Dr. Skip Nelson of
Kirkland, Wash., who noted that even with Bengo's front paws declawed, one
swipe could break a man's neck. As it turned out, the 18-month-old tiger was as
much trouble as a pussycat and the operation was a success.
--A Louisiana cop hunting a murder suspect had an amazing stroke of luck when
the suspect walked up to him and asked where he could catch a cab. New Orleans
Homicide Detective Bernard Crowden, who arrested Tron Hughes, 22, said:
"Probably the only officer who would have recognized his face or known he was
wanted for murder was me. That's a bit of bad luck."
--A Tennessee college football coach has started punishing players for cursing
during practice. Vanderbilt University's Bobby Johnson makes offending players
perform 10 "up-downs," a drill in which someone runs in place, drops flat to
the ground, then jumps up and starts the series again. It's working for left
guard Jim May, who says "jit" instead of that common four-letter word that
rhymes with it. And sometimes he says "frappin."
--Officials at Aspen Elementary School in Colorado have axed a yoga class
because parents fear it might bring religion into the classroom. Some moms and
dads said the chanting that accompanies a selection of yoga techniques created
a constitutional issue over the separation of church and state. Parents and
school bigs will meet Sept. 4 to decide whether the class, Yoga Ed, will be
banished forever.
--A Belgian couple celebrated their wedding anniversary on the wrong day for 49
years. They discovered their mistake when the mayor of their town, Herentals,
said he would visit to mark their golden anniversary Aug. 30. Karel Boxtaens
and Nieke Van Houdt told him he was mistaken and it should be Aug. 31. But when
they checked their wedding certificate, they saw he was right. "We still don't
know how we managed to get the date wrong," Karel said.
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