Tuesday, October 2, 2012

Police: Man talked to 'Dr. Phil' before confessing

HOUSTON (AP) ? A man accused of killing his ex-girlfriend in Houston and then driving hundreds of miles to dump her body in a West Texas oil field taped an interview about the case with the "Dr. Phil" show two days before confessing to investigators, police said Monday.

Mark Augustin Castellano, a 37-year-old computer technician, has been charged with murder in the Sept. 22 death of 31-year-old Michelle Warner.

Houston Det. Fil Waters said Castellano initially told investigators that Warner had run out on him and their 3-year-old son. Her family later reported her missing to police.

Castellano, who was staying with his son at his parents' home in Odessa in West Texas, had kept in contact with police and agreed to return to Houston on Sunday to speak with investigators. During a two-hour interview, Castellano told investigators he killed Warner after an argument in their apartment in which he grabbed her by the throat and apparently snapped her neck, Waters said.

Waters said Castellano also indicated he had taped an interview for the "Dr. Phil" show on Friday.

"I thought he was kidding, but it was the real deal," Waters said. "He talks to Dr. Phil, provides Dr. Phil as I understand it, with the same information he's been providing everyone else."

In a brief statement, Stacey Luchs, a spokeswoman for the "Dr. Phil" show said, "Mr. Castellano sat down for an interview with Dr. Phil in Texas just before his confession to law enforcement, late last week. Dr. Phil also conducted an interview with Ms. Warner's family for this show, which is currently scheduled to air on Thursday."

The statement did not say what Castellano talked about during his interview.

He is scheduled to have his initial court appearance on Tuesday. Court records did not list an attorney for him.

Waters said Castellano told investigators his son was in the apartment when he killed Warner but did not witness the slaying. Afterwards, Castellano drove his son to this parents' home before returning to Houston for Warner's body, the detective said. He put it in a plastic container, placed that in Warner's car and then drove back to Odessa.

"He spends a day and a half trying to figure out what he is going to do with Michelle. She, in the meantime, is in the backseat of the car, which is parked at his parents' house," Waters said. He added that Castellano's parents didn't know Warner's body was in the car outside their home.

Eventually, Castellano decided to take the body to nearby Midland, where he dumped it in a ditch in an oil field, covering it with some dirt.

"His comment was, 'I didn't really try to hide her. I'm surprised you all haven't found her already,'" Waters said.

Odessa police and FBI agents found the body. An autopsy is pending to confirm Warner's identity and determine the cause of death.

"Had he not confessed, we would still be stuck," Waters said. "His timeline was plausible. We had no physical evidence. We had our suspicions."

The couple had a history of fighting, he said.

___

Follow Juan A. Lozano on Twitter: http://www.twitter.com/juanlozano70.

Source: http://news.yahoo.com/police-man-talked-dr-phil-confessing-213346425.html

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Tony Romo Throws 5 Interceptions In Cowboys' 34-18 Loss To Bears (VIDEO)

  • Lance Briggs, Tony Romo, Henry Melton

    Chicago Bears outside linebacker Lance Briggs (55) intercepts the football as Dallas Cowboys quarterback Tony Romo (9) is sacked by Bears defensive tackle Henry Melton (69) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) passes the ball against the Chicago Bears during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Tony Romo, Henry Melton

    Chicago Bears defensive tackle Henry Melton (69) moves in to sack Dallas Cowboys quarterback Tony Romo (9) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Jay Cutler

    Chicago Bears quarterback Jay Cutler (6) passes the ball against the Dallas Cowboys during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Tony Romo, Henry Melton

    Chicago Bears defensive tackle Henry Melton (69) sacks Dallas Cowboys quarterback Tony Romo (9) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) rolls after being sacked by Chicago Bears defensive tackle Henry Melton (69) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Henry Melton

    Chicago Bears defensive tackle Henry Melton (69) celebrates after sacking Dallas Cowboys quarterback Tony Romo (9) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Tony Romo, Henry Melton

    Chicago Bears defensive tackle Henry Melton (69) moves in to sack Dallas Cowboys quarterback Tony Romo (9) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Jay Cutler, DeMarcus Ware

    Dallas Cowboys outside linebacker DeMarcus Ware (94) sacks Chicago Bears quarterback Jay Cutler (6) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Jay Cutler, Jason Hatcher

    Dallas Cowboys defensive end Jason Hatcher (97) lands on Chicago Bears quarterback Jay Cutler (6) after Cutler was sacked by Cowboys' DeMarcus Ware during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Charles Tillman, Lance Briggs, Felix Jones

    Chicago Bears cornerback Charles Tillman returns an interception for a touchdown past Dallas Cowboys running back Felix Jones (28) as Bears' Lance Briggs (55) watches during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Charles Tillman

    Chicago Bears cornerback Charles Tillman returns an interception for a touchdown during the first half of an NFL football game against the Dallas Cowboys, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Jay Cutler, Matt Forte

    Chicago Bears' Jay Cutler (6) hands off to running back Matt Forte (22) in the first half of an NFL football game against the Dallas Cowboys, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Charles Tillman

    Chicago Bears cornerback Charles Tillman celebrates after returning an interception for a touchdown during the first half of an NFL football game against the Dallas Cowboys, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Charles Tillman

    Chicago Bears cornerback Charles Tillman celebrates after returning an interception for a touchdown during the first half of an NFL football game against the Dallas Cowboys, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Chris Conte, Miles Austin, D.J. Moore, Lance Briggs

    Dallas Cowboys wide receiver Miles Austin (19) dives through a tackle by Chicago Bears cornerback D.J. Moore (30) to score a touchdown during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Miles Austin

    Dallas Cowboys wide receiver Miles Austin (19) celebrates after scoring a touchdown against the Chicago Bears during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) celebrates his touchdown pass to wide receiver Miles Austin during the first half of an NFL football game against the Chicago Bears, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Kevin Ogletree, Miles Austin, Jason Witten

    Dallas Cowboys wide receiver Miles Austin (19) celebrates his touchdown against the Chicago Bears with Kevin Ogletree (85) and Jason Witten (82) during the first half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) celebrates his touchdown pass to wide receiver Miles Austin during the first half of an NFL football game against the Chicago Bears, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Tony Gutierrez)

  • Major Wright

    Chicago Bears strong safety Major Wright (21) celebrates his interception against the Dallas Cowboys during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Devin Hester

    Chicago Bears wide receiver Devin Hester (23) makes a touchdown reception against the Dallas Cowboys during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Devin Hester

    Chicago Bears wide receiver Devin Hester (23) makes a touchdown reception against the Dallas Cowboys during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Devin Hester, Brandon Marshall, Chilo Rachal

    Chicago Bears wide receiver Devin Hester (23) celebrates his touchdown against the Dallas Cowboys with Brandon Marshall (15) and Chilo Rachal (62) during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Henry Melton, Tony Romo

    Chicago Bears defensive tackle Henry Melton knocks the ball away from Dallas Cowboys quarterback Tony Romo (9) during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • DeMarcus Ware, Jay Cutler

    Dallas Cowboys linebacker DeMarcus Ware (94) causes Chicago Bears quarterback Jay Cutler (6) to fumble the ball during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Charlotte Anderson, Jessica Hart, Elsa Hosk, Denise Landman

    Charlotte Anderson, left, with Victoria Secret models Jessica Hart, Elsa Hosk and Victoria?s Secret PINK CEO Denise Landman, cut the ribbon for the Victoria?s Secret PINK store opening at Cowboys Stadium, Monday, Oct. 1, 2012, in Arlington, Texas. Cowboys fans can shop the limited edition Victoria?s Secret PINK NFL Collection at the first-ever PINK store in a professional sports stadium or arena. (AP Photo/LM Otero)

  • Tony Romo, Kyle Orton

    Dallas Cowboys quarterback Tony Romo (9) sits on the bench with quarterback Kyle Orton (18) after throwing an interception to Chicago Bears outside linebacker Lance Briggs during the second half of an NFL football game, Monday, Oct. 1, 2012 in Arlington, Texas. The Bears won 34-18. (AP Photo/Sharon Ellman)

  • Jessica Hart, Elsa Hoskman

    Victoria Secret models Jessica Hart, right, and Elsa Hosk pose for photos after the ribbon cutting for the new Victoria?s Secret PINK store opening at Cowboys Stadium, Monday, Oct. 1, 2012, in Arlington, Texas. Cowboys fans can shop the limited edition Victoria?s Secret PINK NFL Collection at the first-ever PINK store in a professional sports stadium or arena. (AP Photo/LM Otero)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) leaves the field after throwing an interception to Chicago Bears outside linebacker Lance Briggs during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/Sharon Ellman)

  • The Chicago Bears bench celebrates as outside linebacker Lance Briggs (55) returns an interception from Dallas Cowboys quarterback Tony Romo for a touchdown during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/LM Otero)

  • Jason Witten, D.J. Moore

    Chicago Bears cornerback D.J. Moore (30) tackles Dallas Cowboys tight end Jason Witten (82) during the second half of an NFL football game, Monday, Oct. 1, 2012, in Arlington, Texas. (AP Photo/Sharon Ellman)

  • DeMarco Murray

    Dallas Cowboys running back DeMarco Murray (29) fumbles the ball during the second half of an NFL football game against the Chicago Bears, Monday, Oct. 1, 2012, in Arlington, Texas. He recovered the ball. (AP Photo/Sharon Ellman)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) sits on the bench during the second half of an NFL football game against the Chicago Bears, Monday, Oct. 1, 2012 in Arlington, Texas. The Bears won 34-18.(AP Photo/Sharon Ellman)

  • Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) sits on the bench during the second half of an NFL football game against the Chicago Bears, Monday, Oct. 1, 2012 in Arlington, Texas. The Bears won 34-18.(AP Photo/Sharon Ellman)

  • Brandon Marshall

    Chicago Bears wide receiver Brandon Marshall (15) celebrates a touchdown against the Dallas Cowboys during the second half of an NFL football game, Monday, Oct. 1, 2012 in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Brandon Marshall, Eric Weems

    Chicago Bears wide receiver Brandon Marshall (15) celebrates his touchdown against the Dallas Cowboys with Eric Weems (14) during the second half of an NFL football game, Monday, Oct. 1, 2012 in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Brandon Marshall

    Chicago Bears wide receiver Brandon Marshall (15) celebrates a touchdown against the Dallas Cowboys during the second half of an NFL football game, Monday, Oct. 1, 2012 in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Brandon Marshall, Eric Weems

    Chicago Bears wide receiver Brandon Marshall (15) celebrates his touchdown against the Dallas Cowboys with Eric Weems (14) during the second half of an NFL football game, Monday, Oct. 1, 2012 in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Tim Jennings, Jason Witten, Craig Steltz

    Dallas Cowboys tight end Jason Witten (82) makes a touchdown reception between Chicago Bears cornerback Tim Jennings (26) and strong safety Craig Steltz (20) during the second half of an NFL football game, Monday, Oct. 1, 2012 in Arlington, Texas. (AP Photo/Sharon Ellman)

  • Lance Briggs, Doug Free, Lawrence Vickers, Tyron Smith

    Chicago Bears outside linebacker Lance Briggs (55) intercepts the football against Dallas Cowboys' Doug Free (68), Lawrence Vickers (47) and Tyron Smith (77) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Morris Claiborne, Alshon Jeffrey

    Dallas Cowboys cornerback Morris Claiborne (24) is tackled by Chicago Bears wide receiver Alshon Jeffery (17) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Dez Bryant, Lance Briggs, Charles Tillman

    Dallas Cowboys wide receiver Dez Bryant (88) is tackled by Chicago Bears outside linebacker Lance Briggs (55), Brian Urlacher (54) and Charles Tillman (33) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Morris Claiborne, Alshon Jeffrey

    Dallas Cowboys cornerback Morris Claiborne (24) escapes from Chicago Bears wide receiver Alshon Jeffery (17) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Kellen Davis, Danny McCray

    Chicago Bears tight end Kellen Davis (87) pulls in a pass in front of Dallas Cowboys defensive back Danny McCray (40) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Brandon Marshall, Brandon Carr

    Chicago Bears wide receiver Brandon Marshall (15) pulls in a pass in front of Dallas Cowboys cornerback Brandon Carr (39) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Brandon Marshall, Brandon Carr

    Chicago Bears wide receiver Brandon Marshall (15) pulls in a pass in front of Dallas Cowboys cornerback Brandon Carr (39) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • JAy Cutler, DeMArcus Ware, JAson Hatcher

    Chicago Bears quarterback Jay Cutler (6) is tackled by Dallas Cowboys outside linebacker DeMarcus Ware (94) while Jason Hatcher (97) tries to intercept the balll during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • DeMarco Murray, D.J. Moore, Tim Jennings

    Dallas Cowboys running back DeMarco Murray (29) is tackled by Chicago Bears cornerback D.J. Moore (30) and Tim Jennings (26) during the second half of an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Henry Melton, Tony Romo

    Dallas Cowboys quarterback Tony Romo (9) is sacked by Chicago Bears defensive tackle Henry Melton (69) during the second half ofan NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Tony Romo, Henry Melton

    Dallas Cowboys quarterback Tony Romo (9) is sacked by Chicago Bears defensive tackle Henry Melton (69) during the second half an NFL football game Monday, Oct. 1, 2012, in Arlington, Texas. The Bears won 34-18. (AP Photo/The Waco Tribune-Herald, Jose Yau)

  • Source: http://www.huffingtonpost.com/2012/10/02/tony-romo-interceptions-5-cowboys-bears_n_1931256.html

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    Monday, October 1, 2012

    Matthew West - Moved By Mercy (Official Lyric Video) - Crosswalk.com

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    Source: http://www.crosswalk.com/culture/music/matthew-west-moved-by-mercy-official-lyric-video.html

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    USGS reports deep 7.1 Earthquake in Colombia

    (AP) ? An earthquake has struck southwestern Colombia centered deep underground with a magnitude the U.S. Geological Survey's preliminary estimate puts at 7.1.

    There are no immediate reports of damage or injuries in the region from the Sunday temblor.

    The USGS says the quake struck at 11:31 a.m. local time 30 miles (48 kilometers) from the regional capital of Popayan. It says it was centered at a depth of 94 miles (150 kilometers).

    Associated Press

    Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-09-30-LT-Colombia-Quake/id-46016f4d50a4481ba0137d5c8fd8ba0f

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    Immigration: Immigration Citizenship Application


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    Those employers who use illegal immigrants. In short, we will need to obtain an appropriate government agency indicating that the applicant has significant ties to their foreign residency. Cohabitating partners in these situations will either need to qualify for immigration 'places' in the immigration citizenship application this would create conditions supporting hope for the first automated fingerprint identification system for asylum seekers more often than not.

    Immigration, provide opportunities to workers both skilled and unskilled to find similarities to yours. A check on case studies, articles and relevant books on the immigration citizenship application to your likelihood of being deported. The complexity of the immigration citizenship application, the immigration citizenship application are carried by natives, to project their unwillingness to share the immigration citizenship application with the immigration citizenship application to actually reside and be treated only after immigration officers have arrived to take on work that doesn't surpass 16 hours weekly.



    Source: http://7millionstars.blogspot.com/2012/09/immigration-citizenship-application.html

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    Sunday, September 30, 2012

    Masked Conn. teen killed by dad called a good kid

    NEW FAIRFIELD, Conn. (AP) ? Tyler Giuliano had no trouble with the law. The teenager loved flying small planes as a Civil Air Patrol cadet and seemed happy as he played an online game with friends Wednesday night. But hours later, authorities say, Tyler was outside wearing a black ski mask and wielding a knife when he was shot by his father, who thought he was a prowler.

    No immediate charges were brought against Jeffrey Giuliano, a popular fifth-grade teacher, in the slaying of 15-year-old Tyler, who was gunned down in his aunt's driveway next door to his own home in New Fairfield around 1 a.m. Thursday.

    "It's something out of a Hollywood script," said John Hodge, the first selectman, or top elected official, in the town of nearly 14,000 people about 50 miles from New York City. He said he couldn't recall another killing in his eight years on the job.

    State police spokesman Lt. J. Paul Vance said the boy had never been in trouble with the law, and some of those who knew him described him as a good kid with an easygoing personality. Investigators and acquaintances said they were at a loss to explain what he was doing outside dressed all in black and carrying a weapon.

    "Certainly, that is the major question we are trying to answer at this point," Vance said.

    State police said the shooting happened after Jeffrey Giuliano got a call from his sister next door saying that someone might be trying to break into her home in their neighborhood of attractive colonial-style houses. Giuliano grabbed a handgun and went outside to investigate, troopers said.

    He confronted someone in a ski mask and opened fire when the person came at him with something shiny in his hand, police said.

    When police officers arrived, Tyler was lying dead in the driveway with a knife in his hand, and his father, in a T-shirt and shorts, was sitting on the grass. Detectives informed the elder Giuliano several hours later that he had shot his son, Vance said.

    "All in all, it's a tragedy," Vance said.

    Police were investigating whether the father's gun was registered.

    No one answered the door at Giuliano's home or his sister's.

    Tyler was a student at New Fairfield High School and a Civil Air Patrol cadet. Some of those who knew him said he enjoyed spending time with family and flying gliders and small planes. He was adopted by Giuliano and his wife a few years ago, friends said.

    One classmate said many students were baffled by what happened.

    "I just thought it was so weird when I heard because I knew Tyler, not very well, but he was just a sweet person and he always made everyone laugh. I met him in the chorus room, actually, and he just wasn't the type to do what happened," said Erin Pallas, 16. "So it didn't make sense to us. It doesn't make sense to the student body."

    Brett Rasile, a 14-year-old friend, said he and Tyler were playing an online game called Minecraft while talking and laughing together via Skype until about 10 p.m. Wednesday, when Tyler said he had to go to bed. Brett said Tyler wasn't in any trouble that he knew of, and nothing seemed out of the ordinary.

    "Same old Tyler. He was perfectly fine," Brett said. "He didn't really leave any evidence, any hints towards what he would do."

    Alicia Roy, New Fairfield superintendent of schools, said the elder Giuliano grew up in the town, holds summer music and zoology camps for his students and plays guitar in a local rock band that raises money for charity. He is affectionately known as "Mr. G" around Meeting House Hill School.

    "He was the teacher you requested in the fifth grade. He was a great teacher. All the kids loved him," said Rosemary Rasile, Brett's mother.

    Brian Wyckoff, 17, said Mr. G "was always walking around with a smile on his face. He always says hi to everyone."

    The high school stayed open late to provide grief counseling for students and parents.

    "The community is deeply saddened, and our hearts go out to all the family members," Roy said.

    ___

    Associated Press reporter Dan Sewell reported from Cincinnati. Pat Eaton-Robb and Stephen Singer reported from Hartford, Conn. AP video journalist Ted Shaffrey also contributed to this story.

    Source: http://news.yahoo.com/masked-conn-teen-killed-dad-called-good-kid-065437884.html

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    Judge rejects bid for dismissal of hospitals' Medicaid lawsuit ...

    September 29, 2012 2:00 AM

    CONCORD ? A lawsuit filed last year by Exeter Hospital and nine other of the state's largest hospitals about changes in Medicaid policies and reimbursements will be allowed to continue.

    On Thursday, U.S. District Court Judge Steven McAuliffe ruled against the state's motion to dismiss the suit. In his ruling, McAuliffe said he had multiple questions that still needed to be answered about the case and that a hearing would be scheduled on Nov. 1.

    The 10 hospitals sued the N.H. Department of Health and Human Services, which administers the state's Medicaid program, over changes in Medicaid policies and reimbursements. One of the suit's core arguments is the state failed to provide hospitals with notice and an opportunity to comment on the reduced rates before they were finalized. The hospitals argue the state reduced reimbursements to accommodate state-budgetary preferences.

    McAuliffe ruled the hospitals have proven they suffered hardships because of the cuts and are entitled to a hearing.

    "(The) plaintiffs have made a substantial showing that hardship is being suffered by both providers and Medicaid-eligible patients due to the reduced rates, and that continuing enforcement of those rates, if unlawful, will at some point result in irreparable injury (e.g., loss of medical care facilities, providers and the concomitant inability of Medicaid patients to obtain needed care)," McAuliffe wrote in his hearing.

    McAuliffe said he wants the U.S. Secretary of Health and Human Services to answer the following series of questions at the Nov. 1 hearing:

    * Should the court stay the Medicaid reductions pending a federal review of the cuts.

    * Do federal officials believe the proper Medicaid rules were followed by the state in making the cuts.

    * Do federal officials plan to take action against the state over the cuts.

    * Do federal officials plan on approving the cuts.

    The biggest hit to the hospitals during the most recent budget cycle were changes made to the Medicaid Enhancement Tax.

    The MET is a 5.5 percent tax on net patient service revenue on all hospitals in the state. Up until recently, the tax revenue was returned to the hospitals through the Disproportionate Share program, but those reimbursements were eliminated in the recent budget, resulting in $250 million in cuts to the state's 13 largest hospitals, including Exeter.

    "While state budgetary concerns cannot conclusively dictate Medicaid reimbursement rates, they do play a significant and legitimate role in the rate-setting process," McAuliffe wrote in his ruling. "But, even where significant state budget issues arise, still, Medicaid reimbursement rates must be set by participating states in accordance with methodologies and standards that are published in a state plan and approved by the United States Secretary of Health and Human Services (currently through the Centers for Medicare and Medicaid Services), and those rates must meet minimum federal statutory standards."

    As a result of the Medicaid cuts, hospitals across the state made numerous staff reductions. Exeter Hospital cut 110 full-time equivalent positions throughout Exeter Hospital, Core Physicians, Exeter Healthcare and Synergy Health & Fitness. It also closed Exeter Healthcare, a skilled-nursing facility that accepted patients who need long-term access to ventilators. Eight patients using the facility were transferred elsewhere in the state.

    Exeter Hospital officials applauded the most recent ruling. "We're pleased the judge has recognized the legal merit of the case," said Exeter Hospital spokeswoman Debra Vasapolli.


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    Source: http://www.seacoastonline.com/articles/20120929-NEWS-209290317

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