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Words from the Publisher Another month has passed and we are back with a new issue. Hope you enjoy! This issue brings an expansion of our circulation to 40,000. We now deliver to every home in Rancho Cucamonga and Upland above Basline. For those of you who have never read us before, we hope you come to like and look forward to receiving our publication. We offer many interesting articles, local news, upcoming local events, new car reviews, and a Dining Guide and Home and Garden section. Our website has been totally remodeled. If you own a business visit our website and consider advertising with us. Everything you need to know about our magazine is on our website. Just go to 909mag.com. We changed the name of our daily deal website from MyQuickDeals.com to 909Deals.com. If you have not signed up to receive our deals you should go to 909Deals.com and do so today. Starting in November we will have great deals in Upland and Rancho Cucamonga. This month we have a cover feature on the upcoming Auto Club Speedway’s MAVTV 500 INDYCAR World Championships. The Championship will be held at the Speedway on September 14th and 15th. It will be an exciting day at the races. Don’t miss it. We have a very interesting piece on the California Death Penalty. It seems that inmates, due to appeal after appeal, as well as other delays, are more likely to die of natural causes or suicide than a meeting with the executioner. The Car Family of Alta Loma brings you a great review on the 2012 Lexus 350 ES. This is apparently one luxurious car. Even if you’re not in the market for a Lexus, the car may warrant a spot on your Bucket List. Our mission is to earn the right to be known by our readers as the community magazine for Upland and Rancho Cucamonga. If you have things you would like us to feature, or a category of information you think would be good for all readers, please do not hesitate to send us an email with your thoughts. We want to bring you exactly what you want to see and read every month. It’s your magazine. We want you to love reading it. Until next time!

Kathleen Kathleen Sanchez Publisher

Publisher Kathleen Sanchez Marketing Director Chris Scott Sales Executive Maria Rullan Sales Executive Gladys Rullan Contributing Writers Matthew Komoto Jessica Ortiz Matt Bustos Jovielle Ortiz Jaidyn Loggins Troy Hall Brooklyn Loggins Adrienne Milan Senior Art Director Christina Monice Garcia email us at: staff@909mag.com For Information: (909) 252-7224 Website: www.909mag.com Nine-O-Nine Magazine is published 12 times a year. The entire contents of Nine-O-Nine Magazine is copyrighted and may not be reproduced without the expressed written consent of the publisher. Nine-O-Nine Magazine reserves the right to edit, rewrite, or refuse material and is not responsible for products that appear in the issues. © Nine-O-Nine Magazine

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FEATURES Inside Upland

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Inside Rancho Cucamonga

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Indycar World Championships

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Death Penalty

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2013 Lexus 350 ES

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Medical Column

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Flooring Improvements

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DEPARTMENTS 909 Deals

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Dining Guide

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Home & Garden

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Services Directory

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INSIDE Upland Fitness Squared Gyms are everywhere in Upland. Whether they are large corporate gyms, smaller private gyms, boot camps or gyms with a more recent training type known as CrossFit, Upland has a high concentration of gyms that offer quite the menu for training options. Upland in particular has 10 fitness facilities that are practically within a two square mile area. With all of these gyms people may be interested to know that the different fitness gyms can offer specialized programs. A particular training program that was controversial at first because of its intensity-related injuries, but still developed to include beginner to advanced classes and kids classes, is known as CrossFit. This sport is a competitive fitness challenge that has become popular for many athletes since its inception by fitness coach Greg Glassman in the early 1990s. It includes dynamic training with a combination of Olympic lifting, climbing, gymnastics and many other elements. There are currently two gyms in Upland that offer CrossFit training. They are CrossFit Kinnick and Dalton’s CrossFit. Both gyms offer certified trainers and offer training benefits for a variety of clients. They both also participate in CrossFit competitions in teams against other gyms nationwide with certified trainers. I visited one of them to get more details on the sport. CrossFit Kinnick has been in Upland since 2008. It offers a 5000 square foot facility with trainers that nearly hold all

of the CrossFit Specialty Certifications available. Jeremy Kinnick is a head trainer for CrossFit Kinnick, who was inspired to start CrossFit after seeing the movie 300, and wondering how they trained. He then started from his garage and with his love for sports and teaching people today, has the CrossFit Kinnick gym. The gym that day looked like it was filled with very fit people, but Kinnick just said that they were all “normal people” that got fit from hard work. “Six to twelve months of training for normal people, and they can perform better than most athletes,” said Kinnick. Kinnick, a former Riverside Community College baseball player, said that athletes like Double-A or Triple-A pitchers have come to train for athletic improvements. However, most of the CrossFit classmates are just regular people who love to workout. The other facility that offers CrossFit in Upland is Dalton’s CrossFit. This gym offers their own training routines based

off of CrossFit training. They are certified trainers who describe their programs as offering so much variety that individuals never plateau or get bored and always see results. It was established in 2010-2011 and is run by Gregg and April Dalton. According to The CrossFit Journal, routine is the enemy. There is anything but routine at CrossFit gyms. A more controversial view of the sport was in 2005, when The New York Times published an example of an overworked athlete. Brian Anderson of Washington, a former Army Ranger and a current SWAT member at the time, was reported to have developed rhabdomyolysis after a workout. He had to go to the emergency room because of muscle fibers breaking down and poisoning his kidneys. He resumed training a few months later and was glad he was pushed so far. “It can kill you. I’ve always been honest about that,” said CrossFit founder Greg Glassman, in a biography by

Upland Crime Report

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The brothers who own Upland based G3 Holistics are two of six men charged with violating federal drug laws while operating medical marijuana stores in the Inland Empire. Brothers Aaron Sandusky, 41, of Rancho Cucamonga, and Keith Alan Sandusky, 44, of Rancho Cucamonga and four others faced an August 7th trial date. They are facing a six-count federal indictment that claims their business G3 Holistic was using

California’s Proposition 215 as well as other state laws to cover an illegal marijuana operation. G3 brothers did post bond but will be under house arrest. The six defendants were charged with conspiracy to manufacture and to possess with intent to distribute marijuana.

gust. Judge Sam Cianchetti found that Quincey violated Upland city ethics and his employment contract by concealing the fact that he made a settlement of a claim, brought by an Upland Police after investigating a domestic incident between Quincey and his fiancée in 2008.

Former Upland City Manager Robb Quincey’s termination was recently upheld by an arbitration judge in Au-

In addition, on behalf of Upland Police Sgt. John Moore, the police union’s attorney e-mailed a tort letter to Quinc-


INSIDE Upland CrossFit Virtuosity. Despite this, the sport continued to grow and is recognized today and offers all levels of introduction into the sport for all types of clients. When asked about the statement, Kinnick said that all sports have their risks, as do most activities in life in general. “We can’t just sit and live in a bubble. You’ve got to enjoy life,” said Kinnick. The CrossFit sport was founded by training coach Glassman. After having years of success from efficient, high intensity workouts, he realized the existing gaps from bodybuilding and endurance training. He started as an 18-year-old college student and gymnastics coach. He then progressed to training celebrity and athletic type clients, even law enforcement. He opened up his first CrossFit gym in 1995 in Santa Cruz, CA, and the sport and idea has expanded greatly since.

Last October, the plan was under discussion, but the event was considered a closed session, so not much was known. However, when a substantial change is proposed to any previously approved programs by

Housing and Urban Development, the public is to be notified to allow for opportunity to comment on the proposed changes. The City Council held a Public Hearing on August 13, of this year, at the City Council Chambers. Currently, the proposed building for purchase is in the same area as the Scheu Family YMCA in Upland. The surrounding area currently has a skate park, a frequently used baseball field, and a full size basketball court. It is right next to the San Antonio Community Hospital which is currently under renovations. The Community Development Block Grant was federally designed to ensure decent, affordable housing, and to provide services to those who are most vulnerable in a community. This can also create jobs through expansion and retention of businesses.

Going for the gold-en fries Road Upgrades or Community Facility In August, the City of Upland began to reevaluate its use of a $100,000 Community Development Block Grant. Either it was going to be used for its original intention towards concrete improvement projects or towards purchasing a building near a YMCA to be used as a community facility. Either way, the grant will be used to benefit lower to moderate income individuals. Although the city was weighted towards the concrete improvement projects, it recently decided to offer an amendment for the City’s Fiscal Year 2012-2013 One Year Action Plan.

McDonalds ended up opening their largest restaurant at the World Square in London, for the Olympics. This flagship restaurant took three years in the making. There were also three other smaller McDonald’s restaurants present at the Olympic Park, with possibly more to be built. The McDonald’s off of Foothill and Benson, has an old-school look, and is mostly for drive through customers, but can accommodate for sit down patrons inside. While this McDonald’s looks old, it was just built with a classic architectural design to liven up the historic Route 66 theme. It is not quite as old as its retro appearance suggests, and has only

been there for several years. McDonald’s still has a way of bringing people from all across the world together with their hamburgers and French fries and many McDonald’s establishments.

Upland Crime Report ey in 2010 accusing Quincey, former Mayor John Pomierski, and former Police Chief Steve Adams, of retaliating against him when he refused to destroy Quincey’s police report. Former Upland City Mayor John Pomierski pleaded guilty to a federal bribery charge and was sentenced in early August to two years in federal prison. He was sentenced for accepting a $5,000

payment from the business owner of Chronic Cantina in Upland in exchange for a conditional use permit in 2009. At first, the City Council rejected Chronic Cantina’s request in April 2009 because of an alleged increase in crime rate. Later on, between August and October of 2009, Pomierski met and agreed to help the business in exchange for money. He was helped by a co-conspirator Jason Crebs.

Police stopped a car off North Mountain Ave. The driver was in possession of narcotics and the passenger was on county supervision for possessing narcotics and a firearm.The driver was arrested. A man was driving against traffic at high speeds when he crashed into a parked car, injuring his girlfriend who was the passenger. He fled from the scene.

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INSIDE rancho cucamonga A History of Rancho Cucamonga Football It’s September and football season begins again. Fantasy football draft parties are commenced and school reputations for sports are put back into competition. While this happens, it is interesting to know that a few high school athletes have made it to the NFL in the past from the area. Most of them have come from Rancho Cucamonga High School; the high school that historically has had the best recent football results in the area. Rancho Cucamonga is comprised of Rancho Cucamonga High School, Etiwanda High School and Alta Loma High School. All teams are Southern Section Division 2 teams and compete in the Baseline League. They will start the season with 5 non-league games and then 5 league games to determine who advances into CIF-SS Prelims for 2012. Four NFL athletes have come from Rancho Cucamonga High School and can still be seen playing today. One Rancho Cucamonga High School graduate who made the NFL is Terrell Thomas. He is currently a New York Giants cornerback. Recently hampered by injuries, his last year played in 2010 was a career best for most of his stats. Current New England Patriots safety Patrick Chung went to Rancho Cucamonga High School and has played in the NFL since 2009. San Diego Chargers wide receiver Vincent Brown is a 07’ alumnus of Rancho Cucamonga High School and is looking forward to his second year as a pro.

Former New York Jets safety Gerald Alexander is also from Rancho Cucamonga High School and started the NFL in 2007. In August, he was still listed as a free agent. Former New York Giants wide receiver Lionel Manuel Jr. did grow up in Rancho Cucamonga but did not play in any local high schools. He played in the NFL from 1984 to 1990. Current NFL players Kenyon Coleman, a Dallas Cowboys defensive back, and San Diego Chargers safety Eric Weddle, attended Alta Loma High School. Last year the Cougars only lost one league game and had an overall season of 11-2. They won their CIF prelim game against Chino Hills High School after trailing by 5 points in the fourth with seconds left and completing a 38yard Hail Mary to win 39-38. In keeping with the tradition, this year the Cougars have two top 10 California

recruits according to ESPN. Corner back Chris Hawkins is ranked No. 5 while safety Tahaan Goodman is ranked No.8. Hawkins has committed to USC while USC has tried to recruit Goodman but no word yet on commitment as of early August. Opening season for Rancho Cucamonga High School will be on Aug. 24 against Los Osos High School. Head Coach Nick Baiz has coached Cougar football since 2006 and looks to begin his 6th year. Etiwanda High School’s head coach Stephen Bryce has coached since 2004 and has a cumulative record of 35-441. The Eagles finished 2011 with 2-3 in league and had an overall 6-4 season. The Alta Loma Braves will open up against Eisenhower High School on Aug. 24. Joe Szczepanski will be the head coach going into his second year. Last year they finished their season 2-8.

Rancho Cucamonga Crime Report

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A man took off some of his clothes and then attempted to hold up Chase bank in Rancho Cucamonga on Friday, August 3rd. The unidentified man walked into the Chase branch at Milliken Avenue and Foothill Boulevard at about 4:20 p.m. He then took off his shirt and told a teller he was going to rob the bank. After that, he took a seat in the lobby and waited until the San Bernardino County Sheriff’s Deputies arrived, au-

thorities said. It was unclear at the time if the man was under the influence of any controlled substances or alcohol at the time he attempted the robbery. Thirty nine year old Rancho Cucamonga man Gregory Allen Watts was booked on suspicion of robbery and kidnapping. He was wanted for a series of robberies throughout the Inland Empire that included such cities as Fontana,

Upland and even La Verne. Watts was arrested shortly after he was believed to have committed another robbery at an Ontario gas station on a Thursday afternoon of August 2nd. The event took place the Mobil gas station around the 3000 block of South Archibald, an observant security guard spotted the fleeing suspect and gave information to Ontario Police Officers which led them to the alleged robber’s car.


INSIDE rancho cucamonga

Remembering Our Fallen Heroes and the Soldiers Currently In Afghanistan This September marks the month that a little over a year ago President Barrack Obama planned to have 23,000 troops withdrawn. There would still be 70,000 troops in Afghanistan according to CBS News. A little over a month ago, a Rancho Cucamonga Marine Corporal Joshua Ashley was killed in action (KIA) in Afghanistan. A K-9 Handler for an MP unit, he was killed during a night patrol in the Helmand Province by an improvised explosive device (IED). His K-9 named Sirius, survived. Ashley was posthumously promoted to sergeant and was awarded the Purple Heart. He attended Etiwanda High School where he competed in Varsity water polo all four years and was the water polo captain. The area known as the Helmand province, where Ashley was KIA, is consid-

ered by the Marine Corp Gazelle to be one of the most volatile provinces in Afghanistan. The Marines are expected to significantly reduce their numbers as the main goal has always been to pass along the control to the Afghan forces. A few months ago, the Marine presence was at 17,500 and by this month, their numbers are expected to be significantly reduced. The amount of bases the Marines have in the area has also been greatly reduced. The Afghans will have to handle conflicts with much less support from the Marines. The Marines are forming 44 teams of 12-18 troops, each to work with individual Afghan forces. It will be worth watching whether the Afghans, with these small Marine teams, can hold the ground that has taken its toll on so many US and British forces since 2006.

This comes at a time when tensions and friction between US and Afghan forces seems to be intensifying. As more and more responsibility is being handed to the Afghans, they are playing a bigger role in increasing their security forces. In the southern Helmand province, Marine Sgt. Maj. Matthew Putnam is reported by the Defense Video and Imagery Distribution System as stating the Afghans who are mentored by Marines are successfully conducting security operations now. “I never would have expected it to be so secure … in less than 11 months,” he said. Although more secure, according to Reuter’s, fighting over the last few months did intensify. We can only wait for our soldiers to return home safely and for the Afghans to have full military control.

To Clean or Not to Clean Personal house cleaning services have been well used for quite some time. I’m sure you’ve seen the Molly Maid or similar labeled car around your town from time to time. No matter what your cleaning need may be, this is a franchise service that has been catching on and is always a service in need. According to Referenceusa.com, there are currently 61 Verified Molly Maid listings in California. Rancho Cucamonga in itself features Merry Maids and countless other cleaning services. Molly Maid originated from Canada in 1979. In 1984, David McKinnon acquired franchise rights and brought it to

the United States, in Ann Arbor, Michigan. As of 2009, it has developed into 450 franchises in the United States. Cleaning services are by no mean in short demand by residential consumers and Molly Maid is at the top of their game.

Rancho Cucamonga Crime Report Officers soon spotted the suspect’s vehicle and the chase began after Watts refused to yield to their traffic stop. Watts reportedly led officers on a short pursuit before he jumped out of the vehicle and ran into a nearby neighborhood. An Ontario Police helicopter helped locate Watts and he was taken into custody. An off-duty West Covina police detec-

tive suffered scrapes and cuts Monday, August 6th, when a suspected burglar who tried to rob the detective’s Rancho Cucamonga home, and dragged him with a car when the detective tried to stop his escape. Then the detective fired several shots into the car. The vehicle was found abandoned in Fontana. While detectives were at the scene, 31-year-old Leopoldo Pizzaro, of San Bernardino, showed up and was arrest-

ed and booked into the West Valley Detention Center on suspicion of assault with a deadly weapon. He then confessed to the incident after taken into custody at their station. A bar fight turned deadly has two men in jail. Britain Clayborn, 24, was shot to death early Sunday morning, August 12th. Both men from Victorville were arrested in connection to his death.

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SSP P E EEDE WAY D Ten years ago, Sam Hornish Jr. won the Inaugural IZOD IndyCar Series race at Auto Club Speedway, edging Jaques Lazier by just 0.0281 seconds. Twelve years ago during qualifying, Gil de Ferran set the track record for fastest lap at 241.426 mph, which also set the world speed record for the fastest lap of a closed course, a record that still stands today.

And now that the tradition of the INDYCAR Series and open-wheel racing returns to Auto Club Speedway and the majestic Southern California landscape for the first time in seven years, you might wonder: Can Auto Club Speedway be the site of a closer finish? Will anyone in the field match de Ferran’s speed? The answer will come soon enough when 500 miles of thrills, excitement and speed that is the IZOD IndyCar Series returns to Southern California, Sept. 14-15, under the lights for Championship weekend. Led by the fastest drivers in the world, the September spectacle the MAVTV 500 includes Helio Castroneves, Scott Dixon and this year’s Indianapolis 500 winner Dario Franchitti along with

high-profile owners Roger Penske, Chip Ganassi, A.J. Foyt and Bobby Rahal who will all visit Southern California’s premier motorsports facility as part of the intense competition, high-energy show. The night’s culmination? The crowning of the Series Champion with the A.J. Foyt Trophy. Dario Franchitti earned the inaugural trophy in 2010 and Scott Dixon took the honors in 2011. Regardless of who takes the checkered flag, if history plans a repeat except nothing short of a memorable event. After all, some of the most memorable races in the Series have taken place at Auto Club Speedway. Check this out: In addition to Hornish’s squeaker over Lazier, other highlights include: November 3, 2002: Jimmy Vasser won the final 500 mile race in CART/ Champ Car (now defunct) history. The race also set the track record (at the time) for average race speed at 197.995 mph (318.642 km/h). September 21, 2003: During the IZOD IndyCar Series race (Toyota


Indy 400), Sam Hornish, Jr. set the track record for fastest average speed during a race at 207.151 mph (333.377 km/h). This is still the current track record. September 20, 2003: IZOD IndyCar Series qualifying record set – (one lap): Helio Castroneves, 226.757 mph (364.930 km/h). A couple of major players – namely Speedway President Gillian Zucker and Series Chief Executive Officer Randy Bernard are looking forward to more of the same. “This facility was built to host openwheel racing and Auto Club Speedway has arguably hosted some of the most exciting races in Indy car history,” said Zucker. “We look forward to building on the area’s history and tradition of open-wheel racing with new records and new races beginning in 2012.” “We feel the time is right to bring IndyCar racing back to Auto Club Speedway,” added Bernard. “The addition of Auto Club Speedway adds a great venue that was built for the high-speed, wheel-to-wheel excitement of IndyCar racing under the lights.”

Open wheel racing is nothing new to the area as racing in Southern California started about the same time as Indianapolis and although Indy is certainly well-known for open wheel racing, California could be considered the birthplace of winning race cars. Between 1900 and 1990, 39 of the 76 Indianapolis winning cars were either built or had direct ties to the Los Angeles area. The IZOD IndyCar Series reaches six of America’s top 10 markets and three of North America’s top DMAs, racing at a combination of superspeedways, short ovals, scenic road courses and temporary street circuits, the most diverse schedule in racing. And speaking of diverse, there’s a myriad of different things for race fans to do while checking out Championship Weekend. Great entertainment, excellent eats and world-class driver appearances are just a few of the many things we have in store for you. Dario Franchitti, Charlie Kimball, Scott Dixon and Takuma Sato have created special signature entrees for fans to enjoy – all to be served at the new “Drivers Cuisine Cantina”. And when you’ve downed your last bite (which may be served by a surprise guest or two), check out the National Law Enforcement display with aircrafts, tactical teams, numerous safety vehicles and lots of other cool stuff.

On race day morning, a tsunami of eager participants will descend upon the Speedway for the “Color Me Rad 5K” with the artistry of Color Me Rad, a new sensation spreading bright colors across the country and making each event participant a walking “work of art”. Beginning at 9 am participants will walk or run Auto Club Speedway’s infield as well as portions of the 2-mile D-shaped oval while sporadically being doused with vibrant colors from well position staff in route to the finish line and post 5K celebration in the DiscoverIE FanZone. Zucker will be taking part in the event. And if Zucker has her way, she’ll add a few other surprises. “I’m looking forward to joining the run and cajoling some other colorful personalities to join in – maybe a driver or two”. MAVTV 500 INDYCAR World Championships For more information on Auto Club Speedway’s INDYCAR World Championships Weekend visit www.autoclubspeedway.com call 800-944-RACE (7223)


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History of the Death Penalty in California The Death Penalty is alive and well in California. There are 729 inmates awaiting execution in San Quentin State Prison. Statistics, however, show these inmates will likely die of natural causes or suicide long before they face the ultimate penalty imposed by a judge and jury. In fact, since 1978, when the death penalty was reinstated in California, taxpayers have spent $4 billion on the state’s capital punishment system -and with only 13 executions to show for it. That’s about $308 million per execution. Here we give you a brief history of the California death penalty. The Beginning Legal executions in California were authorized under the Criminal Practices Act of 1851. On February 14, 1872, capital punishment was incorporated into the Penal Code, stating: “A judgment of death must be executed within the walls or yard of a jail, or some convenient private place in the county. The Sheriff of the county must be present at the execution, and must invite the presence of a physician, the District Attorney of the county, and at least twelve reputable citizens, to be selected by him; and he shall at the request of the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same.” State Executions Capital punishment on a county level continued until an amendment by the California Legislature in 1891 provided: • A judgment of death must be executed within the walls of one of the State Prisons designated by the Court by which judgment is rendered. • In this statute, the warden re

placed the sheriff as the person who must be present at the execution and invitation to the attorney general, rather than to the district attorney, was required. • Executions were conducted at both of the California state prisons then existing – San Quentin and Folsom. There apparently was no official rule by which judges ordered men hanged at Folsom rather than San Quentin or vice versa. However, it was customary to send recidivists to Folsom. • The first state-conducted execution was held March 3, 1893 at San Quentin. The first execution at Folsom was on December 13, 1895. Lethal Gas In 1937, the Legislature provided that lethal gas replace hanging, with August 27, 1937, as the effective date. The law did not affect the execution method for those already sentenced. As a result, the last execution by hanging at Folsom was conducted December 3, 1937. The last execution by hanging at San Quentin was held May 1, 1942; the defendant had been convicted of murder in 1936. A total of 215 inmates were hanged at San Quentin and a total of 92 were hanged at Folsom. The only lethal gas chamber in the state was constructed at San Quentin. The first execution by lethal gas was conducted December 2, 1938. From that date through 1967 a total of 194 persons were executed by gas, all at San Quentin. This total includes four (4) women. Legal Challenges and Changes For 25 years after 1967, there were no executions in California due to various State and United States Supreme Court decisions. In 1972, the California Supreme Court found that the death penalty constituted cruel and unusual punishment under the state constitution. As a result, 107 individuals had their sentences changed to other than death. In November 1972, nine months after the decision, the California electorate amended the state constitution


and overruled the State Supreme Court. In 1973, the United States Supreme Court held that the death penalty was unconstitutional as it was being administered at that time in a number of states. California legislation was passed in 1973 which made the death penalty mandatory in certain cases under certain conditions. Among these were kidnapping if the victim dies, train wrecking if any person dies, assault by a life prisoner if the victim dies within a year, treason against the state, and first-degree murder under specific conditions (for hire, of a peace officer, of a witness to prevent testimony, if committed during a robbery or burglary, if committed during the course of a rape by force, if committed during performance of lewd and lascivious acts upon children, by persons previously convicted of murder). In late 1976, the California Supreme Court, basing its decision on a United States Supreme Court ruling earlier that year, held that the California death penalty statute was unconstitutional under the Federal Constitution because it did not allow the defendant to present any evidence in mitigation. Following this ruling, 70 inmates, including Charles Manson, had their sentences changed to other than death. Capital Punishment Reinstated The California State Legislature re-enacted the death penalty statute in 1977. Under the new statute, evidence in mitigation was permitted. The death penalty was reinstated as a possible punishment for first-degree murder under certain conditions. These “special circumstances” include: murder for financial gain, murder by a person previously convicted of murder, murder of multiple victims, murder with torture, murder of a peace officer, murder of a witness to prevent testimony and several other murders under particular circumstances.

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In 1977, the Penal Code also was revised to include the sentence of life imprisonment without the possibility of parole. At that time, the punishment for kidnapping

for ransom, extortion, or robbery was changed from death to life without parole. Treason, train derailing or wrecking, and securing the death of an innocent person through perjury became punishable by death or life imprisonment without parole. Proposition 7, on the California ballot in November 1978, superseded the 1977 statutes and is the death penalty statute under which California currently operates. Under state law, cases in which the death penalty has been decreed are automatically reviewed by the State Supreme Court. The Supreme Court may: • Affirm the conviction and the death sentence; • Affirm the conviction but reverse the death sentence (which results in a retrial of the penalty phase only); or • Reverse the conviction (which results in a complete new trial). Even if the California Supreme Court affirms the death sentence, the inmate can initiate appeals on separate constitutional issues. Called “writs of habeas corpus,” these appeals may be heard in both state and federal courts. Although the death penalty was reinstated in 1978, no executions were carried out in California until April, 1992, when Robert Alton Harris was put to death in the San Quentin gas chamber.This was the first execution in more than 25 years. Lethal Injection In January 1993, a new law went into effect allowing inmates to choose lethal injection or lethal gas as the method of execution. In August 1993, condemned inmate David Mason was executed after voluntarily waiving his federal appeals. Because Mason did not choose a method of execution, he was put to death by lethal gas, as the law then stipulated. In October 1994, a U.S. District Judge, Northern District (San Francisco) ruled that the gas chamber was cruel and unusual punishment, barring the state from using

that method of execution. That ruling was upheld by the U.S. Ninth Circuit Court of Appeals in February, 1996. That same year, the Penal Code was modified to state that if either manner of execution is held invalid, the punishment of death shall be imposed by the alternative means. The law further stipulated that lethal injection become the “default” method of execution should an inmate fail to choose. Serial killer William Bonin was executed on February 23, 1996 by lethal injection, the first California execution using that method. In February 2006, condemned inmate Michael Angelo Morales’ execution was stayed because of his claim that California’s administration of its lethal injection protocol violated the Eighth Amendment’s prohibition of cruel and unusual punishment. On December 15 of that year, the U.S. District Court held that “California’s lethalinjection protocol – as actually administered in practice – create[d] an undue and unnecessary risk that an inmate will suffer pain so extreme that it offends the Eight Amendment.”  The Court also stated that “Defendants’ implementation of lethal injection is broken, but it can be fixed.” In January 2007, the Governor’s Office submitted a response to the Court’s December 15, 2006 Memorandum of Intended Decision. The Court had identified five specific deficiencies in California’s lethal injection protocol arising from the case of Morales v. Tilton.  The specific deficiencies identified were: • Inconsistent and unreliable screening of execution team members; • A lack of meaningful training, supervision, and oversight of the execution team; • Inconsistent and unreliable record keeping; • Improper mixing, preparation, and administration of sodium thiopental by the execution team; and Inadequate lighting,

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2013 Lexus 350 ES: Bigger and Better It is difficult to provide an objective view of a Lexus product when your garage is full of them.We bought one of the first LS sedans, traded it for one of the first RX crossovers, and have a GS, another RX, and a ES in the family as well. The overarching reason for this is the quality of the product and customer service. The downside is the cost. On the upside is higher resale. So how does the 2013 new look Lexus ES 350 compare? Well, more of everything, especially technology. First of all, the exterior look is very different. You won’t’ have any trouble finding your ES in a parking lot filled with its older siblings. The car is slightly longer and the front end is totally different. Lexus calls it a “spindle grille. “ We don’t know what to call it. The better news is that the ES is no longer built on a Camry base, but on the

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longer Avalon one and the result is a much larger interior. Indeed this ES is unlike any that has gone before. It feels like a full-on luxury sedan with plenty of room, amenities and atmosphere. Mom’s view: I hate Lexus.They always seem to know how to push my buttons and the new ES is no exception. It does everything well and the ergonomics were perfect for me. Everything was where it was supposed to be. Thank goodness we don’t have room for anymore in our garage. The interior is modern with wood trim and there is leater nearly everywhere.The dash is a work of art and the gauges are easy to read day or night. Every time you sit in this ES you are going to know what your money went for and that is before you even press the start button. Lexus also mastered the complicated selection process for vehicle informa-

tion such as miles to empty, temperature settings, and traffic information. It uses a joy stick that enables you to quickly navigate through a variety of information. It does require a short learning curve and some dexterity. Safety wise the ES has ten airbags and systems that help detect vehicles in side blind spots, such as when backing out of a parking spot. There is also available Lane Departure Alert integrated and PreCollision System that uses radar to detect obstructions and prepare the vehicle for a potential collision. We are talking cocoon here. This would be a great car for those who want to drive something luxurious and yet practical for a family. Dad’s view: The ES350’s 3.5-liter V-6 produces 268 horsepower and is smooth and plenty fast for what it is, especially considering it has a 21/31 mpg rating. We record-


ed 25 mpg in mixed driving. Although this isn’t a car designed to carve canyons, the steering is fairly quick, although feedback is muted. You have a choice of eco, normal, and sport settings that helps alter the throttle and steering response accordingly. Eco worked fine for us, but most people will use the sport setting as it sharpens the car’s reflexes. The suspension is now oriented more to that of a driver’s car. An ideal car to take to Las Vegas or to Yosemite as different terrains and challenges don’t appear to upset it. A very reassuring sedan, but certainly not to be confused with an Audi or BMW. Young working male’s view: I own an ES and this makes mine seem like it belongs on a different planet. This is truly a luxury car and the pricing is very attractive. What I especially liked was the Lexus Enform program that provides connectivity with the Internet. Even the standard Lexus Premium Sound System features eight speakers, USB/iPod connectivity, Bluetooth and a Sirius XM receiver. The optional Display Audio package adds a seven-inch screen, a backup camera, HD Radio with iTunes, phone transfer, and a vehicle information display. You can upgrade to a 15-speaker

Mark Levinson audio that comes with an eight-inch display screen among other features. With all this technology and the well proven drivetrain I would have to call this Lexus a comfort giver.The ride, interior appointments, and audio features are meant to soothe. Well worth it.

more for less, the reason that we started buying these vehicles 25 years ago and have never been disappointed.

Young working woman’s view: First of all this ES is not going to get you a prime valet parking spot. It also isn’t going to make your boss nervous that she is paying you too much. Above all, it isn’t going to irritate you. I quite liked it, but you have to drive this ES a while to appreciate its qualities. Everything from the heated and cooled seats, to the generous trunk and rear shade are all attributes that once were claimed by Lexus LS flagship. Thus the ES 350 is no longer a near luxury sedan. It is a full on luxury sedan. Family conference: Lexus is also bringing out an ES 300h hybrid with gas mileage estimated in the 40 mpg range, but if you don’t commute in traffic daily the ES 350 is a better choice. The bar has been raised with this model and Lexus is well aware that this best seller needs to keep its audience. To that end they have again offered

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Do You Need Urgent Care or the Emergency Room?

By: Kevin Parkes, MD Medical Director Emergency Department San Antonio Community Hospital

If your child sprains their ankle during a weekend soccer game, should you go to the emergency room? Can an urgent care center treat a burn or an accidental poisoning? When accidents and illnesses arise, finding the best level of care for your needs can be tricky. When you need sudden medical care, where should you go? To receive medical attention that is most appropriate for your type of injury, utilize the following general guidelines. Go to the Emergency Room: If you have a serious condition, such as a suspected stroke, heart attack, severe bleeding, head injury, or other major trauma, go straight to the nearest ER. Don’t take a chance with anything life-threatening. In gen-

eral, the following conditions should be evaluated in an Emergency Department: • Deep cuts or bleeding that won’t stop • Large bone fractures • Problems related to pregnancy • Knife or gunshot wounds • Coughing or vomiting blood • Chest pain • Suspected stroke or heart attack • Difficulty breathing • Severe burns • Loss of consciousness • Seizures • Severe abdominal pain • Moderate to severe asthma When an Urgent Care Center can better meet your needs: If you have any of the conditions above, the emergency department is your only option. But if your condition is less serious, urgent care centers can save you time and money and can help keep the local emergency room free to handle more serious situations.

• Rashes and bumps • Sprains and strains • Sore throats • Vomiting

Urgent care centers should be viewed as a complement to your primary physician’s office. Most urgent care centers accept walk-ins, are open on weekends, and offer extended hours during weekdays when your physician’s office may have already closed. Many also have radiology (x-ray) and lab services on site so tests can be performed while you wait. You will be given the results before you leave, and they will also be sent to your primary care physician for follow-up. The urgent care can also be a convenient option for turn-key medical needs such as tetanus shots, immunizations, and sports physicals for high school athletes. When in doubt, call ahead. If the urgent care can’t diagnose or treat your condition properly, they will advise you to go to the emergency room.

Examples of conditions that can easily be treated at an urgent care center include: • Allergic reactions • Mild asthma • Minor fractures (fingers, toes) • Minor burns • Minor cuts • Urinary tract infections • Dehydration • Ear aches and infections

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and unnecessary risk that an inmate will suffer pain so extreme that it offends the Eighth Amendment’s prohibition against cruel and unusual punishment.

overcrowded conditions, and poorly designed facilities in which the execution team must work. The Governor immediately directed CDCR to undertake a thorough review of all aspects of its lethal injection protocols. CDCR informed the court it would undertake a thorough review and submit to the Court by May 15, 2007 a revised process. On May 15, 2007 CDCR released a report to the Court proposing revisions to the lethal injection protocol. In order to address the Court’s concerns and improve the lethal injection protocol, the State: • Established a screening process for selection of execution team members. • Established a comprehensive training program for all execution team members. The training regimen focused on custody and care of the condemned inmate, the infusion process, intravenous application and vein access, characteristics and effects of each chemical used in the process, proper preparation and mixing of chemicals, the security of the lethal injection facility, proper record keeping and other areas. • Developed standardized record keeping to ensure there are complete and reliable records of each execution. • Developed training processes for the proper use of sodium thiopental. Training processes were developed for proper mixing, preparation and administration of sodium thiopental. • Recommended improvements to the lethal injection facility at San Quentin State Prison, including steps to ensure adequate equipment, lighting and space. Current law requires that all executions be conducted within the walls of San Quentin State Prison. In 2007, a lethal injection facility was constructed to address the U.S. District Court’s concerns. • Proposed revisions to the lethal injection protocol. The revised protocol will ensure the procedure does not create an undue

On July 30, 2010, after a few corrections in the proposed CDCR regulations, the OAL notified CDCR that it had approved and certified for adoption the regulations for lethal injection.The rulemaking record was filed with the Secretary of State the same day. August 29, 2010 is the permanent effective date of the regulations. Is the Death Penalty Broke? One has to wonder if the death penalty is actually acting as a deterrent to crime when more people die from natural causes or suicide than the meeting with the executioner imposed by the judge and jury. You decide. Death by Execution: 13 Death by Natural Causes: 57 Death by Suicide: 20 Other 6 Non-Execution Deaths: 83 Total Deaths: 97

1938: Gas chamber installed at San Quentin. December 2, 1938: First executions by lethal gas at San Quentin. Robert Lee CANNON and Albert KESSEL were convicted of the murder of Warden Clarence Larkin. Four other inmates were also executed in connection with this murder, three within two weeks. November 21, 1941: First woman, Eithel Leta Juanita SPINELLI, executed by lethal gas in California. May 1, 1942: Final execution by hanging at San Quentin. A total of 215 inmates were executed by hanging at San Quentin. August 8, 1962: Elizabeth Ann DUNCAN, the last woman to date to be executed by lethal gas. April 12, 1967: Aaron MITCHELL, convicted of killing a peace officer during robbery, executed by lethal gas. A total of 194 had been executed by lethal gas, 190 men and 4 women. 1972: Death sentence declared unconstitutional. 107 taken off condemned status.

KEY EVENTS 1851: Legal executions authorized under the Criminal Practices Act of 1851. February 14, 1872: Capital punishment authorized in Penal Code. 1891: Amendments provided for capital punishment to occur inside state prisons. Until 1891, executions were conducted by county sheriffs. No compilation of California executions before 1891 is known to exist. March 3, 1893: First state-conducted execution. Jose GABRIEL, convicted of murdering an aged farm couple, was hanged at San Quentin. Executions (by hanging) were conducted at both existing state prisons San Quentin and Folsom.

1976: Death sentence declared unconstitutional. 68 taken off condemned status. 1977: California State Legislature reenacted the death penalty statute. November 1978: California voters approve Proposition 7 reaffirming the death penalty. April 21, 1992: Robert Alton HARRIS, convicted of killing two teenagers in San Diego, executed by lethal gas—the first California execution in 25 years. January 1, 1993: California law changed to allow condemned inmates to choose lethal injection or lethal gas as method of execution.

1937: Legislature replaces hanging with lethal gas as execution method, effective August 27, 1937.

October 4, 1995: U.S. District Judge, Northern District, ruled the gas chamber was cruel and unusual punishment.The ruling was upheld by the U.S. Ninth Circuit Court of Appeals February 21, 1996.

December 3, 1937: Final execution by hanging at Folsom State Prison. A total of 92 inmates were executed by hanging at Folsom.

February 23, 1996: Serial killer William George BONIN, convicted of sexually assaulting and killing 14 boys in Los Angeles and Orange Counties, was the first Cali-


fornia inmate executed by lethal injection. February 21, 2006: Condemned inmate Michael Angelo Morales’ execution is stayed because of his claim that California’s administration of its lethal injection protocol violated the Eighth Amendment’s prohibition of cruel and unusual punishment. December 15, 2006: The U.S. District Court held that California’s lethal-injection protocol as administered created a risk that an inmate will suffer pain and so violated the Eighth Amendment. January 16, 2007: The Governor directed the California Department of Corrections and Rehabilitation (CDCR) to undertake a thorough review of all aspects of its lethal injection protocols. CDCR informed the Court it would undertake a review and on May 15, 2007, filed a revised protocol with the Court. November 29, 2007:The Marin County Superior Court held that the Administrative Procedure Act required CDCR to promulgate the protocol as a regulation. May 1, 2009: CDCR posted the notice of the proposed lethal injection regulations in the Office of Administrative Law Register, thus beginning the public comment period. July 30, 2010: The Office of Administrative Law approved and certified for adoption the regulations for lethal injection. August 29, 2010: The permanent effective date of the regulations.

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Tips for remodeling your Floor Ideas for flooring in your home Your home is your paradise and if you are planning to renovate your home, go for the changes that are not only eye catchy, but also comfortable for you and your family. Remodeling of a home is associated with revolutions and amendments adjusted in every nook and cranny of the home. If you are going to change the flooring of your home there are some tips for flooring of different parts of your house. Bedroom flooring: There are plenty of options when it comes to flooring in your bedroom. Being the most private and personalized part of your home, your bedroom is the place which grabs a big part of your budget whenever you are remodeling your home. You can use carpet, tile, hardwood, bamboo, cork or laminate. Play with different materials in different rooms. You can opt for striped light and dark shades in your boy’s room so that if your son is going to create mess, which is unavoidable, the flooring can withstand the burden. Also pick flooring that can bear heavy traffic for the folks coming in and out the bedroom. For more powerful scratch and water resistant flooring you can choose laminate. Living room flooring:

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It is the most used area of your house that withstands a great deal of walking traffic. It is highly recommended that the flooring should be strong enough that it can endure all amendments done with your furniture or endure the increasing and decreasing ratio of visitors. For this purpose you can opt for hardwood flooring. Being a classy and sophisticated look, it is the perfect choice for your living room whenever you are remodeling your home.


Kitchen flooring: Design the floor of your kitchen in such a way that it not only looks pretty, but also gives a practical impression. You can choose from vinyl, tile, natural stone, wood, cork or laminate. A floor covering that is water resistant and durable, such as tile, is a best choice to protect against potential water damage. Make sure when you choose your floor to order a little extra of the product in the event that you drop something like a pot on your floor. If the flooring material is damaged, you will be sure to have enough to repair the floor because often floor manufacturers have high turnover of their products to insure a continual buying cycle. Most flooring contractors add 5-10% additional square footage of the flooring product to their purchase order to insure they have enough for the project and to provide the client with a little extra flooring for future use. Now that you have some ideas as to what kind of flooring you can use throughout your house, you can take the next step in your remodeling project. Be sure to shop around to find the best retailer that will fit your needs and make your vision come to fruition.

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