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IN RE INNOVATIVE COMMUNICATION CORPORATION | Chapter ...

In re: INNOVATIVE COMMUNICATION CORPORATION, Chapter 11, Debtor.

Civil No. 2007-130, Case No. 07-30012.

United States District Court, D. Virgin Islands, Division of St. Thomas & St. John.

July 20, 2010.

John P. Raynor, Omaha, NE, Pro Se Plaintiff.

Jeffrey J. Prosser, St. Croix, U.S.V.I., Pro Se Plaintiff.

J. Daryl Dodson, Esq., St. Thomas, U.S.V.I., for Rural Telephone Finance Cooperative.

Toby L. Gerber, Esq., Dallas, TX, for Rural Telephone Finance Cooperative.

Kent D. Bressie, Esq., Washington, DC, for Rural Telephone Finance Cooperative.

William R. Greendyke, Esq., Houston, TX, for Rural Telephone Finance Cooperative.

Thomas J. Allingham II, Esq., Gregg M. Galardi, Esq., Mark L. Desgrosseilliers, Esq., Wilmington, DE, for Greenlight Capital Qualified, L.P., Greenlight Capital, L.P., and Greenlight Capital Offshore, Ltd.

Matthew J. Duensing, Esq., Richard H. Dollison, Esq., St. Thomas, U.S.V.I., for Greenlight Capital Qualified, L.P., Greenlight Capital, L.P., and Greenlight Capital Offshore, Ltd.

Daniel C. Stewart, Esq., Michaela C. Crocker, Esq., Dallas, TX, for Stan Springel, Chapter 11 Trustee of Innovative Communication Corp.

Kathryn B. Bussing, Esq., Steven Kupka, Esq., Kansas City, MO, for Blackwell Sanders, LLP.

MEMORANDUM OPINION

CURTIS V. G?MEZ, Chief District Judge.

Before the Court is a filing that purports to be an appeal of several decisions of the United States Bankruptcy Court for the District of the Virgin Islands (the ?Bankruptcy Division?) by Jeffrey J. Prosser (?Prosser?) and John P. Raynor (?Raynor?). In the alternative, Prosser and Raynor seek to have this Court withdraw the automatic reference to the Bankruptcy Division and stay ?all related cases.?

I. FACTUAL AND PROCEDURAL BACKGROUND

Because the Court has previously outlined the facts of this matter in related proceedings, the Court recites only those facts pertinent to its analysis in this particular motion.

Stan Springel (?Springel?) is the trustee of three entities ? Emerging Communications, Inc. (?ECI?), Innovative Communication Company, LLC (?ICC-LLC?), and Innovative Communication Corporation (?New ICC?). All three entities are in chapter 11 bankruptcy proceedings. The filing before the Court arises from the bankruptcy proceedings for New ICC.

Rural Telephone Finance Cooperative (?RTFC?) is a member-owned, non-profit lending cooperative based in Virginia, which provides financing to telecommunication companies.

Greenlight Capital Qualified, L.P., Greenlight Capital, L.P., and Greenlight Capital Offshore, Ltd. (jointly, ?Greenlight?) are two limited partnerships organized under Delaware law and a corporation organized in the British Virgin Islands.

RTFC and Greenlight are creditors of ICC-LLC and ECI.

Raynor was a director of New ICC. Prosser was the chairman of New ICC. New ICC is a management and holding company. New ICC is a wholly owned subsidiary of ECI. ECI is owned by ICC-LLC.

On September 7, 2007, the Bankruptcy Division issued an order authorizing Springel, as the trustee for ECI, to vote the shares of New ICC to replace New ICC?s board. On September 21, 2007, the Bankruptcy Division issued an order placing New ICC into involuntary bankruptcy. On October 3, 2007, the Bankruptcy Division issued an order appointing Springel as the trustee for New ICC. Prosser and Raynor appeal these three orders (jointly, the ?orders?).

Following the September 7, 2007 order authorizing Springel to vote the shares of New ICC, Springel executed two unanimous written consents in lieu of meetings, which removed Prosser and Raynor from their positions with New ICC and its subsidiaries. As such, neither Prosser nor Raynor is a current director or officer of New ICC.

II. JURISDICTION AND STANDARD OF REVIEW

The Court has jurisdiction to review this case pursuant to Title 28 U.S.C. ? 158(a). [1] The Court will review the Bankruptcy Division?s findings of fact for clear error and will exercise plenary review over questions of law. In re Barbel, No. 01-221, 2004 U.S. Dist. LEXIS 19417, at *2 (D.V.I. Sept. 21, 2004) (?A district court reviews the Bankruptcy Division?s conclusions of law de novo but may only review findings of fact that are clearly erroneous.?) (citing Fed. R. Bankr. P. 8013; In re Excalibur Auto. Corp., 859 F.2d 454, 457 (7th Cir. 1988) ). A bankruptcy court?s decision to grant a motion to appoint a Chapter 11 trustee is reviewed for abuse of discretion. See In re Marvel Entertainment Group Inc., 140 F.3d 463, 470 (3d Cir. 1998) . A court will be held to have abused its discretion ?if its decision was based on a clearly erroneous factual conclusion or an erroneous legal conclusion.? United States v. Wise, 515 F.3d 207, 217 (3d Cir. 2008) .

III. ANALYSIS

Springel contends that, whether the Court construes Prosser and Raynor?s filing as an appeal of orders of the Bankruptcy Division or as a motion to withdraw the reference, Prosser and Raynor lack standing to seek the relief requested. Springel argues that the Bankruptcy Code and rules make the trustee the only person with legal authority to take actions on behalf of New ICC.

Federal Rule of Bankruptcy Procedure 2012(a) provides that, ?[i]f a trustee is appointed in a chapter 11 case . . . the trustee is substituted automatically for the debtor in possession as a party in any pending action, proceeding, or matter.? On October 3, 2007, pursuant to the Bankruptcy Division?s order appointing Springel as the trustee of New ICC, Springel became the only party with standing to appeal the Bankruptcy Division?s orders regarding New ICC.

The right to appeal is part of the debtor?s estate in bankruptcy. Martin v. Monumental Life Ins. Co., 240 F.3d 223, 232 (3d Cir. 2001) ; see also 11 U.S.C. ? 541(a) (defining what comprises the bankruptcy estate). Accordingly, the right to appeal rests with the trustee, as ?the representative of the estate.? 11 U.S.C. ? 323(a); see also Fed. R. Bankr. P. 6009 (?With or without court approval, the trustee . . . may prosecute or may enter an appearance and defend any pending action or proceeding by or against the debtor, or commence and prosecute any action or proceeding in behalf of the estate before any tribunal.?). After a bankruptcy trustee has been appointed, only the trustee can pursue an appeal on behalf of the debtor corporation. See Martin, 240 F.3d at 232 (explaining that, because the right to appeal is part of the bankruptcy estate, only the trustee can pursue an appeal, unless the trustee has abandoned the appeal as part of the estate, pursuant to 11 U.S.C. ? 554). This is true unless the trustee first initiates an appeal and then decides to abandon it, subject to notice and a hearing, pursuant to 11 U.S.C. ? 554. Id.

In this case, after Springel was appointed as Chapter 11 trustee for New ICC, the authority to pursue appeals on behalf of New ICC belonged exclusively to Springel. At that point, Prosser and Raynor lost standing, to the extent they had it, to pursue the instant appeal. See, e.g., Riggs v. Aetna Life Ins. Co., 188 Fed. Appx. 659, 662-63 (10th Cir. June 14, 2006) (holding that a plaintiff who initiated a lawsuit and later filed for bankruptcy lacked standing to continue to pursue her claims in the lawsuit after a trustee in bankruptcy was appointed because ?[a]t that point, the bankruptcy trustee, not Ms. Riggs, was the real party in interest?); In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation, 375 B.R. 719, 725-26 (S.D.N.Y. 2007) (noting that, when a debtor filed for bankruptcy and a trustee was appointed, the debtor lost standing to pursue his claims in a pending action); see also In re Eisen, 31 F.3d 1447, 1451 n.2 (9th Cir. 1994) (?[E]ven if Eisen is a `person aggrieved,? Eisen, as a debtor, has no standing because Moneymaker, as trustee, is the representative of Eisen?s estate.?).

To the extent Prosser and Raynor?s filing is deemed to be a motion to withdraw the reference, their petition is similarly wanting. It is axiomatic that a party to a bankruptcy proceeding can seek withdrawal of the reference to the bankruptcy division. Section 157(d) provides that ?[t]he district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely motion of any party, for cause shown.? 28 U.S.C. ? 157(d). In determining whether ?cause? exists for discretionary withdrawal under section 157(d), courts are to consider four factors: (1) promoting uniformity in bankruptcy administration, (2) reducing forum-shopping, (3) fostering economical use of debtors? and creditors? resources, and (4) expediting the bankruptcy process. In re Pruitt, 910 F.2d 1160, 1168 (3d Cir. 1990) .

However, as non parties, Prosser and Raynor do not have standing to file a motion to withdraw the automatic reference to the Bankruptcy Division. See, e.g., Springel v. Prosser, No. 2008-145, 2008 U.S. Dist. LEXIS 99490, at *6 (D.V.I. 2008) (?As a non-party, however, Dawn Prosser does not have standing to file a motion to withdraw the reference in that particular proceeding.?); Pitre v. Blanchard, No. 96-0014, 1996 U.S. Dist. LEXIS 4368, at *4 n. 4 (E.D. La. Mar. 27, 1996) (?the court notes that Pitre III is not a party to Adversary Proceeding No. 95-1200; consequently, he has no standing to bring a motion to withdraw the reference of that action.?).

IV. CONCLUSION

For the foregoing reasons, whether Prosser and Raynor?s filing is construed as an appeal or as a motion to withdraw the reference, their petition for relief will be denied, and this matter will be dismissed. An appropriate order accompanies this memorandum opinion.

[1] Title 28 U.S.C. ? 158(a) provides that ?[t]he district courts of the United States shall have jurisdiction to hear appeals . . . from final judgments, orders, and decrees . . . of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under [28 U.S.C. ? 157].? An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.? 28 U.S.C. ? 158(a).

Source: http://chapter11cases.com/in-re-innovative-communication-corporation/

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Nearly 700 jobs coming to Northern Kentucky

ERLANGER, KY (FOX19)- Kentucky Governor Steve Beshear has announced the addition of nearly 700 jobs in Northern Kentucky.

Elovations Services Group LLC is locating its?new e-commerce center in?Boone County. The move will create 696 full-time jobs and entail a $13.7 million investment in the Commonwealth.

"Elovations Services Group is an outstanding addition to the Northern Kentucky business community, one that will provide a tremendous economic boost to the region," Gov. Beshear said.?

The company will lease a 150,000-square-foot facility in Boone County to serve as its parcel grading and processing center for e-commerce. The facility will receive parcels sold to international buyers, validate, repackage and manage the required customs processing.??

"The opportunity to leverage Northern Kentucky's availability of modernized facilities and proximity to key shipping corridors were very helpful in the decision to locate here," said Arthur Maxwell, founder and chairman of Elovations Services Group. "We are excited about this opportunity."

To encourage the investment and job creation in Northern Kentucky, the Kentucky Economic Development Finance Authority preliminarily approved Elovations Services Group for tax incentives up to $7 million through the Kentucky Business Investment program. The performance-based incentive allows a company to keep a portion of its investment over the term of the agreement through corporate income tax credits and wage assessments by meeting job and investment targets.?

Copyright 2012 WXIX. All rights reserved.

Source: http://boonecounty.fox19.com/news/news/93226-nearly-700-jobs-coming-northern-kentucky

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Predators Suter heads thin list of NHL free agents

Don't blink, because you just might miss what few splashes are anticipated to take place in NHL free agency.

After Nashville Predators defenseman Ryan Suter and potentially New Jersey Devils captain Zach Parise, the list of marquee players expected to hit the market at noon Sunday thins quickly.

"It's very thin," Sabres general manager Darcy Regier said this week. "The quality is there, the quantity isn't there."

That's good for the players available because of the potential of driving up their asking price, but bad for Regier and the general managers competing against each other to fill their needs.

As Minnesota Wild GM Chuck Fletcher said this month: "It's a good year to be a free agent."

Suter is the current headliner after the player's agent, Neil Sheehy, confirmed Saturday that his client will test the market.

"I don't know where Ryan is going to sign," Sheehy told The Associated Press. "I do know he's keeping Nashville in the mix, but he will hit free agency."

That news isn't a surprise, given that Predators general manager David Poile was expecting that to happen. Poile still isn't ruling out the possibility of re-signing the hard-hitting seven-year veteran.

"In all the conversations we've had, he's made it very clear that he has nothing against Nashville," Poile said before last weekend's NHL draft. "But he's gone this far, and the longer we talk, it appears he's going to take a look at July 1."

Parise might follow, though the Devils are expected to make one last push to sign him.

There are numerous teams expected to take runs at one or both players.

The Detroit Red Wings could use an established defenseman such as Suter after Nicklas Lidstrom retired. The Wild are considered a potential landing spot for Parise, who is from the area.

Los Angeles forward Dustin Penner and Washington's Alexander Semin head a secondary list of mid-range free agents. It's a group that also includes Florida defenseman Jason Garrison and Detroit's Jiri Hudler.

Then there's a mixed bag of aging stars such as Jaromir Jagr, Shane Doan, Jason Arnott, Ray Whitney and Jamie Langenbrunner. And don't forget the possibility of Devils goalie Martin Brodeur, who hired an agent on Friday in the event he doesn't re-sign for a 20th season in New Jersey.

"We're going to be active and very involved in free agency because we have cap space and holes we'd like to fill," Red Wings general manager Ken Holland said.

Get in line.

Even with a looming labor dispute that has the potential to disrupt the start of next season, there's expected to be plenty of competition for talent, particularly from a number of teams that have freed up considerable room under the salary cap.

According to NHL.com last week, there are 17 teams that are at least $18.5 million under the $70.2 million cap that's been established for next season. And that includes four teams with more than $30 million of space, Nashville ($35.29 million), Phoenix ($32.2 million), Anaheim ($30.9 million) and Dallas ($30.6 million).

Not all teams spend to the cap, but they are required to meet a league minimum on salaries, which this season has been set at $54.2 million.

The New York Rangers, who won last year's free-agent sweepstakes by signing Brad Richards, and Philadelphia Flyers are traditionally very active in free agency. And don't count out the Penguins, who have already made a splash this offseason after trading Jordan Staal to Carolina on the first day of the NHL draft.

There could be more trades to follow involving high-profile players.

The Vancouver Canucks are shopping goalie Roberto Luongo. The Columbus Blue Jackets are still interested in trading forward Rick Nash. And there continues to be speculation that Anaheim forward Bobby Ryan and Phoenix defenseman Keith Yandle can be had for the right price.

One player off the board is defenseman Justin Schultz, who signed with Edmonton on Saturday. The 21-year-old became available after leaving Wisconsin and failing to reach a deal with Anaheim, the team that originally drafted the two-time Hobey Baker finalist.

And the biggest signing that will take place on Sunday will involve a star player who's not going anywhere. That would be Sidney Crosby, who is scheduled to formally sign the whopping 12-year, $104.4 million contract extension he agreed to last week to stay in Pittsburgh.

This year's crop of free agents pales in comparison to the large number of high-profile players available in the summer of 2007. That's when Daniel Briere, Scott Gomez, Brian Rafalski, Chris Drury, Jason Blake, Paul Kariya and Ryan Smyth all switched teams.

What's different is how teams have changed their approach, becoming more proactive by signing their top players to long-term contracts.

"If you have good players, you're trying to lock them up to insure you don't have to go buying on the unrestricted market," Regier said.

And that's left him uncertain in gauging how successful the Sabres ? or anyone else ? might be in free agency this summer.

"Most teams are going to fail in unrestricted free agency," Regier said. "Hopefully, we're not one of them, but that's a probability."

___

AP Sports Writers Larry Lage in Detroit, and Dave Campbell in St. Paul, Minn., contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-06-30-Free%20Agency/id-10b2ae5c18ab4ad2a1e0481e0c096744

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Pollutants could pose health risks for 5 sea turtle species

Thursday, June 28, 2012

Researchers at the Hollings Marine Laboratory (HML) and four partner organizations have measured for the first time concentrations of 13 perfluoroalkyl compounds (PFCs) in five different endangered species of sea turtles. While PFC toxicology studies have not yet been conducted on turtles, the levels of the compounds seen in all five species approach the amounts known to cause adverse health effects in other animals.

PFCs are man-made compounds that have many uses including stain-resistant coatings, fire-fighting foams and emulsifiers in plastics manufacturing. They have become widespread pollutants, are detectable in human and wildlife samples worldwide, infiltrate food chains, and have been shown in laboratory animals?rats, mice and fish?to be toxic to the liver, the thyroid, neurobehavioral function and the immune system. The PFCs most commonly found in the environment are perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA).

Located in Charleston, S.C., the HML is a collaboration of the National Institute of Standards and Technology (NIST), the National Oceanic and Atmospheric Administration (NOAA), the South Carolina Department of Natural Resources, the College of Charleston and the Medical University of South Carolina.

"In our experiment, we wanted to accomplish two goals," says NIST research biologist and study lead Jennifer Keller. "We wanted to get the first accurate measurements of the plasma blood concentrations of PFCs in five sea turtle species across different trophic [food chain] levels, and then compare those concentrations to ones known to cause toxic effects in laboratory animals. That way, we could estimate the potential health risks from PFC exposure for all five turtles."

The five sea turtle species studied were the green, hawksbill, leatherback, loggerhead and Kemp's ridley. Their preferred diets range up the food chain from the green's sea grasses and algae to the crabs favored by the Kemp's ridley. The researchers expected that the PFC concentrations would be higher in species that fed farther up the food chain, since their prey's tissues would probably concentrate the pollutants.

This was generally the case. Plant-eating green turtles had the lowest plasma concentrations for the majority of PFCs examined, especially PFOS. As expected, leatherbacks, loggerheads and Kemp's ridleys had progressively higher PFOS concentrations. Surprisingly, however, hawksbills?who browse low on the food chain, primarily on sponges?recorded the second-highest average concentration of PFOS and were the only species to have a detectable PFOA level. The researchers surmise that this may relate to the locations where the hawksbills forage, or it may suggest that sponges have unusually high concentrations of PFOS and PFOA.

In the second part of the study, Keller and her colleagues compared the plasma concentrations of PFOS that they found in the five sea turtle species with previously reported concentrations that were shown to have adverse health effects in laboratory animals. The results showed that hawksbills, loggerheads and Kemp's ridleys had PFOS concentrations approaching those linked to liver and neurobehavioral toxicity in other animals; levels in loggerheads and Kemp's ridleys approached those linked to thyroid disruption in other animals; and all five species had levels that approached those linked to suppressed immunity in other animals.

"Better understanding the threat of PFCs, especially PFOS, to sea turtles can help wildlife managers and others develop strategies to deal with potential health problems," Keller says. "Our study provides the first baseline data in this area but more research is needed?especially for hawksbills after seeing their unexpectedly high PFC exposure."

Researchers from the College of Charleston's Grice Marine Laboratory, NOAA's National Marine Fisheries Service and the Loggerhead Marinelife Center also contributed to the study.

###

National Institute of Standards and Technology (NIST): http://www.nist.gov

Thanks to National Institute of Standards and Technology (NIST) for this article.

This press release was posted to serve as a topic for discussion. Please comment below. We try our best to only post press releases that are associated with peer reviewed scientific literature. Critical discussions of the research are appreciated. If you need help finding a link to the original article, please contact us on twitter or via e-mail.

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Source: http://www.labspaces.net/121370/Pollutants_could_pose_health_risks_for___sea_turtle_species

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Bob Mansfield, head of iPhone, iPad hardware to retire

Another Apple executive who was part of Steve Jobs? inner circle at Apple is heading out the door. This time it?s Bob Mansfield, the SVP for Hardware Engineering. Apple announced Thursday afternoon that he will be retiring. No date was given for his exit.

Replacing Mansfield in his role heading up the crucial iPhone and iPad engineering teams will be his longtime deputy Dan Riccio, who?s been VP of iPad Hardware Engineering. The transition to Mansfield?s role will take ?several months,? according to Apple?s release.

?Bob has been an instrumental part of our executive team, leading the hardware engineering organization and overseeing the team that has delivered dozens of breakthrough products over the years,? said Apple CEO Tim Cook said in a press release. ?We are very sad to have him leave and hope he enjoys every day of his retirement.?

As for Riccio, Cook calls him ?well respected within Apple and by the industry.?

Mansfield joined Apple in 1999 when the company he worked for, Raycer Graphics, was acquired by Apple. In 2005 he began to lead the Mac hardware engineering team. Five years later he also began overseeing the hardware teams working on the iPhone and the iPod, and eventually the iPad when it was first introduced.

Mansfield got a swift promotion to SVP when Apple parted ways with Mark Papermaster, whom it had brought into Apple to be SVP of mobile hardware. Papermaster exited the company following so-called ?Antenna-gate,? the public relations disaster that ensued following the release of the iPhone 4 in 2010, clearing the way for Mansfield, the Mac hardware chief, to take over all hardware engineering responsibilities.

His retirement marks the second high-profile member of Apple?s senior staff to leave the company in the last year. Ron Johnson, the SVP responsible for Apple?s retail stores, left Apple and in November 2011?became CEO of J.C. Penney. He announced he accepted the new role outside of Apple several months before Jobs officially stepped down at Apple.

But Mansfield?s exit is emblematic of one of Cook?s biggest challenges while leading Apple in the post-Jobs era: keeping intact the team that got them to where they are now. It?s odd to announce a valued executive?s retirement without any sense of specific timing of his departure. One possible explanation: he?ll be leaving once the iPhone 5 is out the door and Apple doesn?t want to give any specific dates for the device?s launch yet. Either way, Cook is clearly aiming to project a sense of continuity by emphasizing in his talking points how closely Riccio and Mansfield have worked together in the past and how Mansfield will guide his replacement through the transition.

Also on Thursday, Apple announced that?Betsy Rafael, VP, Corporate Controller and Principal Accounting Officer, will be retiring as well. Her departure is set for October 19, per an SEC filing.

Related research and analysis from GigaOM Pro:
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Source: http://feedproxy.google.com/~r/OmMalik/~3/5IhhVEQa-_4/

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Microsoft to launch ?Xbox Music? Spotify-like streaming service this year

Xbox Music Streaming

Microsoft is reportedly working on a new streaming music service that will tie in to its Xbox suite of gaming and entertainment services. Bloomberg on Thursday cited multiple anonymous sources in stating that Microsoft is in talks with major music labels in order to secure licensing for a new streaming music service that will compete with the likes of Spotify when it launches later this year. Details are limited, but the service sounds very much like the Zune service Microsoft already offers, which allows users to purchase digital downloads or stream unlimited custom radio stations. Bloomberg notes that Zune music services will be shuttered following the launch of Xbox Music, and users will be moved over to the new offering.

Read

Zach Epstein is the Executive Editor of BGR. He has 10 years of industry experience, first in marketing and business development with two private Telcos, then as a writer and editor covering business, technology and telecommunications.

MORE ARTICLES FROM ZACH ?

Source: http://feedproxy.google.com/~r/TheBoyGeniusReport/~3/IRbdQZouuL8/

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Zimmerman to ask Florida judge for bond ? again

A judge will weigh several factors Friday in deciding whether to set bond for the neighborhood watch volunteer who fatally shot unarmed teen Trayvon Martin.

Is George Zimmerman a threat to the community? Is he a flight risk? And maybe most importantly, can Zimmerman persuade the judge he will not be deceptive again?

Circuit Judge Kenneth Lester revoked George Zimmerman's $150,000 bond earlier this month when prosecutors told the judge Zimmerman and his wife misled the court about how much money they had during an April bond hearing.

Prosecutors said a website Zimmerman created for his legal defense had raised $135,000 at the time of his first bond hearing. Zimmerman and his wife did not mention the money then, and Shellie Zimmerman even said the couple had limited resources because she was a student and wasn't working.

Prosecutors also said the couple talked in code during recorded jailhouse conversations about how to transfer the donations to different bank accounts. At one point, George Zimmerman asked how much money they had. She replied "$155." Prosecutors allege that was code for $155,000. Their reference to "Peter Pan" was code for the PayPal system through which the donations were made, prosecutors said.

Shellie Zimmerman has since been charged with perjury. She is out of jail on $1,000 bond and her arraignment is set for July 31.

Legal experts say Zimmerman needs a good explanation to convince the judge to let him out of jail again while he awaits trial.

"If his explanation is really weak ... I think Lester could keep him in jail," said Randy McClean, an Orlando-area defense attorney who is following the case. "If he really comes across as being genuine and has a reasonable explanation, because I don't see how it could be a great explanation, then I think Lester will probably pump up the conditions, up his monetary conditions and let him back on bond."

Working in Zimmerman's favor, the judge has said, is he turned himself in when charges were filed and kept law enforcement informed of his location when he went into hiding because of threats against him and his family. Weighing against him is the seriousness of the charge as well as other brushes with the law, including an arrest for resisting an undercover officer.

Zimmerman has been charged with second-degree murder for fatally shooting 17-year-old Martin on Feb. 26 at a gated apartment community in Sanford. Zimmerman has pleaded not guilty and claims the shooting was self-defense under the state's "stand your ground" law.

Martin's parents and supporters claim the teenager was targeted because he was black and Zimmerman started the confrontation that led to the shooting. Zimmerman's father is white and his mother is Hispanic.

The 44 days between the shooting and Zimmerman's arrest inspired nationwide protests, led to the departure of the Sanford police chief and prompted a U.S. Department of Justice probe.

Zimmerman's attorney has argued in court papers that he is no threat to the public and proved he wasn't a flight risk by returning to jail when his bond was revoked. Attorney Mark O'Mara also argued that the bulk of the more than $200,000 raised by the website has now been turned over to a third-party administrator and Zimmerman has no control over the money.

Putting the money in a trust was smart because "now you can argue that the client does not have direct access to that money to flee the jurisdiction of the court," said Blaine McChesney, an Orlando criminal defense attorney and former prosecutor.

Prosecutors have also argued Zimmerman had a second passport he didn't tell the judge about, but the judge dismissed any worries about it, comparing it to when somebody loses a driver's license, applies for another one and then finds the old license.

McChesney said there is a good chance the judge will deny bond, in part because of the jailhouse recordings about the money transfers.

"It shows a premeditated intent to hide that," McChesney said.

The only witnesses O'Mara has listed are two bail bondsmen. But at the last hearing, Zimmerman surprised many people by taking the stand himself and apologizing to Martin's family.

It may be up to only Zimmerman to re-establish his credibility with the judge, whether he testifies or his lawyer talks for him.

"Credibility is an issue. So O'Mara is going to certainly have to make apologies or Zimmerman will have to make apologies for what happened, and they're going to have to convince the court that he is a good bond risk," Karin Moore, a law professor at Florida A&M University College of Law in Orlando.

Source: http://www.foxnews.com/us/2012/06/29/judge-to-decide-again-whether-to-release-zimmerman-from-jail/

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It Is Almost Impossible To Create Fake Meat [Food]

Scientists worldwide have worked for years to come up with a convincing meat substitute. Whether it's farmed with soy or synthesized from stem cells, if it tastes real, it will change the world. But not even a $1 million prize has been enough to make it happen—on Wednesday, with less than a week to spare, the deadline for a PETA-sponsored contest to create in vitro meat was extended until 2013. What's the problem? More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/AEW0DfCcui0/whys-it-so-hard-to-create-tasty-fake-meat

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