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SEE PAGE 2 for chinese exersice benefits breast cancer survivors

SEE PAGE 3 FOR california students are becoming more fit MONDAY, NOVEMBER 10, 2014 - NOVEMBER 16, 2014

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Midterm elections: Gov. Brown stays in office for 4th record term, Prop 47 passes by jennifer schlueter Last Tuesday, Republicans celebrated their victories across the nation, which gave them control over the state Senate. In California, they were able to deny the Democrats “a two-thirds legislative supermajority that would consign GOP lawmakers to virtual irrelevance in the state Capitol,” according to the Los Angeles Times. Historically, the win of the Republicans over the Senate should not come as a surprise, because for the last three decades, every two-term president’s party lost their majority during midterm elections of the president’s sixth year (Reagan, Bush, Clinton). Despite the Republican’s nationwide wins, California stayed mostly blue. Democratic Governor Jerry Brown defeated his opponent Neel Kashkari with almost 59% to 41%. Brown, who had served as California’s governor already from 1975 to 1983, now enters his record 4th term, which will also be his final one. The LA Times calls him a “both an expert technician, tweaking government to be more efficient and effective, and a big thinker, transforming the state’s infrastructure and combating climate change.” He is determined to push forward the $68 billion bullet train from Los Angeles to San Fran-

DA unhappy with passage of Proposition 47 By TERRY MILLER

various municipalities where suspects rob banks. The Cal Bear Bandit was given the nickname after he was seen wearing a California Republic baseball hat in mul-

According to a report from the Los Angeles DA’s office obtained by this newspaper, officials were extremely displeased that voters approved Proposition 47. The changes enacted by this measure are effective immediately. (Cal. Const. Art. 2, sec. 10.) Numerous drug and theft-related crimes that were previously felonies or “wobblers” are now misdemeanors, unless committed by “Prop 47 Ineligible” criminals—namely, 290(c) registrants, and those with a prior for the very serious crimes listed in PC 667(e)(2)(c)(iv)— such as homicide offenses and crimes punishable by death or by life in prison. A high ranking Law Enforcement officer, who preferred to remain anonymous, told Beacon Media this new proposition not only means more crime but the number of people being let out of prison ( who really deserve to be there) could reach 10,000. “Your houses are going to get broken into more often with these lenient laws…” Except as to “Prop 47 Ineligible” individuals, the following are now misdemeanors: • PC459.5—the new misdemeanor crime of “shoplifting” is entering a commercial establishment, during business hours, with the intent to steal, where value does not exceed $950. “Shoplifting” as defined may not be charged as theft or burglary. • PC 473(b)—forgery of checks and related instruments of not more than $950. •PC 476a—NSF checks totaling not more than $950 (un-

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Governor Brown was elected to serve his 4th term- Photo by Terry Miller

cisco, and fight climate change by exploring more renewable energy sources for California, but, he also wants to save the state’s money. “It is a balance between holding my foot on the brake while pushing my other foot on the accelerator. It’s definitely paradoxical,”

the LA Times quotes him. As expected, both of Brown’s Propositions passed with a more than 2 to 1 lead, because Republican and Democratic legislators drafted them together with Please see page 4

Orange County B.R.A.T. seeks public’s help in identifying male serial bank robber known as “Cal Bear” Bandit Investigators in Orange County are seeking the public’s help in learning the identity of an unknown serial bank robber known as the “Cal Bear” Bandit, who has been linked to five bank robberies since August.

VOLUME 1, NO. 20

The suspect is currently being sought by the Orange County Bank Robbery Apprehension Team (BRAT). The B.R.A.T. is a partnership between the FBI and the Orange County Sheriff’s Department, whose members partner with

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DA not happy with passing of Proposition 47

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less 3 or more specified priors). • PC § 490.2—grand theft (any form) not more than $950. •PC 496(a)—receiving/ concealing stolen property not more than $950. •PC 666—”wobbler” “petty theft with a prior” applies only to “Prop 47 Ineligible” defendants with specified priors, and certain elder abusers. For all other defendants, petty thefts are misdemeanors, regardless of the number of priors. •H&S 11350—simple possession of heroin, cocaine, listed controlled substances. • H&S 11357(a)—simple possession of concentrated cannabis. •H&S 11377—simple possession of methamphetamine, ecstasy, GHB, listed substances. In addition to these reductions, Prop 47 also enacted new PC 1170.18, which sets forth procedures for those previously convicted and sentenced for a felony that is now a misdemeanor under this proposition to petition for resentencing under the misdemeanor provisions. Unless a court determines that the person poses an “unreasonable risk” of committing one of the crimes listed in PC 667(e)(2)(c)(iv), the petitioner will get resentenced, and his/her conviction will be deemed a misdemeanor for all purposes, except possess-

“Cal Bear Bandit” bank robber wanted by FBI

ing firearms. The provisions of “Marsy’s Law” will apply to the resentencing. Whereas many of the previous felonies carried 3-year statutes of limitation and resulted in arrests, bookings, higher bail, in-custody filing deadlines, DA prosecution, preliminary hearings and felony sentences, the new misdemeanor classifications will generally mean 1-year statutes of limitation, citation and release per PC 853.6, city attorney prosecution in some jurisdictions, shorter trial deadlines, and lighter maximum sentences. In those cases where a loss above $950 makes the crime a felony, value will need to be established and included in crime and arrest reports, and must be pled and proved at prelim and trial, and included in the factual basis for a guilty plea. Officers should especially remember to obtain evidence of value from victims (or other sources) in cases where amount of loss was not previously relevant, such as theft of firearms and vehicles, and thefts from the person. Proposition 47 reduced specified offenses to misdemeanors, created a new “shoplifting” crime, and allows resentencing of certain convicted felons as misdemeanants.

tiple robberies. The suspect, described as a white male, has been described as aged in his 20s; approximately 5’10” in height, with a medium build. The Cal Bear Bandit is believed to have changed his method since wearing the California Republic hat. In the most recent robberies, the suspect can be seen wearing a hard hat and apparel consistent with that of a construction worker. During the robberies, the Cal Bear Bandit advises the teller he would like to make a withdrawal. When asked for account information, the suspect passes a note to the victim teller in which he demands cash and threatens a weapon. He has also threatened an explosive device; however, no evidence of actual explosives was found in the subsequent investigations. A getaway vehicle was described by witnesses and can be seen in surveillance video as a small black vehicle. Video of

the suspect inside the bank, as well as outside the bank where the suspect can be seen preparing for the robbery, is being made available to the public at the following links: Leaving bank: http:// htfbi.cust.footprint.net/ www/test/20141103_075342L4mZhx8fjCOz.mp4 In parking lot of bank: https://www.youtube.com/ watch?v=8mLJ0eQYKHo In bank: http://htfbi.cust.footprint.net/www/ test/20141103_075431-WD1kSoyif7Cq.mp4 The Cal Bear Bandit is linked to the following bank robberies: - August 20: Chase Bank, San Juan Capistrano - September 3: Farmers and Merchants, Orange - September 8: Bank of America, Costa Mesa - October 11: U.S. Bank, Huntington Beach - October 17: Cathay Bank, Orange

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NOVEMBER 10, 2014 - NOVEMBER 16, 2014 | 3

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Physical fitness test proves that California students are becoming more fit State Superintendent of Public Instruction Tom Torlakson announced that the percentage of students who met the Healthy Fitness Zone performance standards in all six areas continued to climb this year, according to the results of the 2013‒14 Physical Fitness Test. “It’s encouraging to see our students becoming more fit and healthy,” said Torlakson. “Students have to be healthy and alert to succeed in the classroom, in college, and in their careers, but also to lead a more fulfilling life. That’s why it is so important that all of us— teachers, parents and community leaders—teach our children the importance of eating right, and exercising regularly and following healthy lifestyles ourselves so we can serve as role models.” More than 1.3 million fifth, seventh, and ninth graders took the FITNESSGRAM® during the 2013‒14 school year — a series of six separate tests that measure aerobic capacity, body composition, abdominal strength, trunk extensor strength, upper body strength, and flexibility. In all three grades the percentage of students who performed all six tests at the highest level increased compared to the last two years. Overall, about 26.6 percent of fifth graders, 33 percent of seventh graders, and 38.1 percent of ninth graders scored at the highest levels, called the Healthy Fitness Zone (HFZ). This represents levels of fitness that offer protection against diseases resulting from sedentary living. Torlakson, an avid runner and former high school cross country and track coach, demonstrated his commitment to fitness by launching a Team California for Healthy Kids initiative shortly after taking office. The initiative brings together educators, community leaders, athletes, and other celebrities to help schools offer

healthy choices to students. Students also improved in Aerobic Capacity, one of the six areas assessed annually and is considered among the most important gauges of health (Table 2). Aerobic Capacity is the ability to perform large muscle, high-intensity exercise for prolonged periods. Please note that the HFZ performance standards for the Body Mass Index (BMI), one of the three body composition test options under Body Composition, were updated for the 2013‒14 fitness assessment period. Thus, current Body Composition scores cannot be compared to previous years. This is the 15th year for

reporting physical fitness test results in California public schools. The program was first authorized in 1976 and reestablished in 1995 by Assembly Bill 265. The following year, the State Board of Education designated FITNESSGRAM® as the required physical fitness test to be administered to students in grades five, seven, and nine. The 2013–14 physical fitness results for schools, school districts, counties, and the state are available on the California Department of Education (CDE) Physical Fitness Test Results Web page. More information is also available on the CDE Physical Fitness Test Web page.

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UCLA study finds ancient Chinese exercise lessens inflammation in breast cancer survivors Current research indicates women diagnosed with breast cancer in the past ten years are three times more likely to suffer from lack of sleep. Insomnia leads to increases in inflammation, which places breast cancer survivors at risk for cancer recurrence as well as cardiovascular disease. New five-year UCLA study shows that Tai Chi relieved chronic inflammation in breast cancer survivors with insomnia. Researchers encourage clinicians to implement this low-cost martial arts technique as a therapeutic option to reverse inflammation, and potentially lower the risk for cancer recurrence and other chronic diseases in cancer survivors. In a new randomized trial that could improve longevity in

breast cancer survivors, UCLA researchers have discovered that the Chinese practice of Tai Chi can reduce inflammation in breast cancer patients who have insomnia following diagnosis and treatment. Led by UCLA Jonsson Comprehensive Cancer Center member Dr. Michael Irwin, researchers conducted a five-year clinical trial between April 2007 to August 2013. His team analyzed blood samples from 90 participants between 30 to 85 years old, before and after they started the Tai Chi routine. “When people practice Tai Chi, there’s a decrease in the stress hormone system by the sympathetic nervous system,” said Irwin, who is professor of psychiatry and biobehavioral sciences at UCLA. He and colleagues also discovered that Tai Chi relaxes the

body to a certain point that it can reduce inflammation, commonly seen in most breast cancer survivors after treatment. “We saw that Tai Chi reversed cellular inflammation, by producing a down-regulation of the genes that lead to inflammation,” said Dr. Irwin. “Tai chi is a movement meditation, and we have found that similar anti-inflammatory effects occur when people practice other forms of meditation.” Dr. Irwin hopes the exercise will gain in popularity, particularly in low-income communities where many do not have immediate access to breast cancer treatment. Previous research indicated that the majority of women who successfully fought breast cancer were three times more likely compared to the general population to

battle insomnia for at least ten years or more after the initial diagnosis. Two-time breast cancer survivor Linda Tucker has had many sleepless nights until recently. “I absolutely did not sleep, my eyes would not stay asleep, my body just would not relax and I found myself awake until six in the morning,” said Tucker. Desperate to find a cure for her sleeping problems, Tucker decided to participate in Dr. Irwin’s Tai Chi study at UCLA despite her initial skepticism. “I said to myself, this has to be a joke, this is not going to work or do anything. But after two sessions the insomnia started going away. I just felt a sense of peacefulness.” The study was published online Oct 27th ahead of print in the Journal of the National Cancer Institute.

Elections: Gov. Brown stays in office for record term, Prop 47 passes Continued from page 1

the governor. Proposition 1, a bill designed to prepare for and help California through droughts by building water dams and reservoirs, will also fund protection, cleanup, and recycling of the state’s water sources. “California voters get it,” Ann Notthoff, the Natural Resources Defense Council Director of California Advocacy, said in a statement, according to the Mercury News. “We need to act now to protect what precious little water we have and

make smart investments to protect our water future.” Opponent Bill Jennings, executive director of the California Sportfishing Protection Alliance, was also quoted in the paper: “Prop. 1 did not change any of these stubborn facts: The Delta has been overpumped for decades, and this cannot be sustained, and our salmon and other fisheries are on the verge of collapse. The one thing that must be done if we’re going to stabilize the state’s water policies: Balance

water rights claims to actual water supplies.” Proposition 2 will make the state save money by help of a “rainy day fund,” which will stabilize the state’s budget by paying old debts and putting more restrictions on politicians before using its money. The Mercury News quoted a statement of Phillip Ung, California Forward Action Fund campaign manager for Yes on Proposition 2: “Californians save money and pay down debt every day. Tonight, by passing Proposition 2, voters told their government to do the same. This is an important step toward ending California’s ruinous boom and bust budgeting.” Opponents say this money should rather be used to improve California’s public schools. California’s current incumbent of the State Superintendent of Public Instruction Tom Torlakson defeated his challenger and fellow Democrat Marshall Tuck with a tight 52% to 48%. “Sixteen months ago we set out on this journey to do one thing: put children first and ensure that every child has equal access to a quality education,”

Tuck said in a statement, according to the LA Times. “And despite yesterday’s loss, I couldn’t be prouder of the unique coalition of parents, community leaders, teachers, Democrats, Republicans and independents we built along the way. Together we proved that in California there is a growing call for change.” Torlakson told the paper: “I congratulate my opponent for running a strong campaign. And while I disagree with him in many respects -- I believe he truly wants California’s children to succeed -- and I wish him well.” Another important decision for California was the approval of Proposition 47, which will release previously convicted felons, because their minor crimes such as theft under $950 and drug-related offenses are now reclassified as misdemeanors. Also, offenders of such crimes will from now on go to jail instead of prison. An article on the “FiveThirtyEight” website mentions states that have passed similar laws like this have saved money since the passing of related bills, and most of their crime rates have decreased.