Monday, 20 May 2024

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LAKE COUNTY, Calif. – After only an hour of deliberations on Wednesday a jury acquitted a Middletown man charged with committing lewd acts with his girlfriend’s teenage daughter, allegations the defense said arose because the girl was angry over discipline for breaking rules.


Mark Knaup, 52, who took the stand during his trial, had faced four felony counts of lewd and lascivious acts with a child and one count of sexual penetration with a victim under 16, according to Deputy District Attorney Ed Borg.


“We’re thrilled with the verdict,” said Knaup’s attorney, Stephen Carter of Carter & Carter in Lower Lake.


Carter added that Knaup was grateful for the verdict as well.


Knaup did not respond to messages Lake County News left on Wednesday seeking comment.


The trial included three days of testimony before it wrapped up on Wednesday, Borg said.


Borg said they delivered closing arguments and jury instructions on Wednesday and handed the case over to the jury, which he said was only out about an hour.


Afterward, he said jurors indicated that they weren’t sure of exactly what happened based on the evidence presented. He said that uncertainty is the definition of reasonable doubt, so they did the right thing in making the acquittal.


Knaup was arrested in April 2009 after his girlfriend’s then-15-year-old daughter accused him of fondling her several times in late 2008 and early 2009, Borg said.


Carter said the defense was a complete denial of the charges. “When we pled not guilty we meant it.”


The defense pointed out what they believed were serious conflicts in the teen’s story, but Borg countered, “There were discrepancies but I wouldn’t characterize it as telling different stories.”


A challenge for the prosecution was that there was no physical evidence. “It rises and falls on the credibility of the victim. That makes it difficult for juries,” said Borg.


Testifying for the prosecution were two witnesses, the alleged victim, now 18, and a doctor who discussed Child Sexual Assault Accommodation Syndrome, which is a therapeutic tool used to explain why sexual assault victims don’t always immediately report abuse, Carter said.


“I cross-examined the doctor who testified and got him to confirm that this does not take into account those allegations,” said Carter.


As for his approach to cross-examining Jane Doe, Carter said his approach was to be respectful. “It’s always challenging.”


Borg credited Carter with doing a good job with the case and with the cross-examination in particular, noting that there is a fine line between badgering a witness and getting the facts.


Knaup also took the stand, which Carter said he felt would be a good idea, and Knaup agreed.


“I thought he did well,” said Carter. “It’s difficult for someone who’s never been charged with a crime like that to go up and get cross-examined.”


Knaup testified that the teen, whose mother he had dated, was motivated to make the allegations because she wanted him out of the picture. Carter argued that there appeared to be a design to lie in order to get what the teen wanted.


“There was evidence that the mother in the family often relied on Mark to help her be more consistent in terms of enforcing the rules,” said Carter, adding that the teen had been at risk of losing her car over violating such rules of behavior.


Carter also presented to the court a letter that Knaup received from the teen a few months before the first allegation in which she confessed to a pattern of lying.


“We were able to present that to the jury to help explain why there was such a doubt as to Jane Doe’s credibility,” he said.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

Deaths in California linked to driving under the influence reached their lowest level ever in 2010, but local DUI deaths were on the rise that year, the National Highway Traffic Safety Administration said Tuesday.


A record low of 791 persons were killed in DUI crashes on California roadways last year, compared to 950 in 2009.


The 2010 figures for California showed the largest single yearly drop of DUI deaths in the past 14 years, the NHTSA reported.


In Lake County, however, DUI-related deaths showed an increase in 2010, rising to four, compared to one DUI-related death reported in 2009, according to NHTSA data. DUI-related deaths in Lake County included three in 2006, six in 2007 and four in 2008.


The NHTSA said that DUI deaths in California increased yearly from 1998 to 2005, but have decreased every year since 2005.


“This marks a huge milestone in the fight against drunk driving,” said California Office of Traffic Safety Director Christopher J. Murphy. “While we are elated by these figures, there were still 791 lives, futures and dreams that will never be fully realized. We cannot back off from our ultimate goal – toward zero deaths.”


The Office of Traffic Safety credited the record number of DUI checkpoints conducted in 2010 as partly responsible for the state’s sharp reduction in DUI deaths.


OTS allocated $16.8 million in federal funds to law enforcement agencies to conduct 2,553 DUI checkpoints in 2010, up from the $11.7 million allocated to 1,740 checkpoints in 2009.


According to NHTSA, checkpoints have provided the most effective documented results of any of the DUI enforcement strategies, while yielding considerable cost savings of $6 for every $1 spent. In addition, 88 percent of Californians surveyed report they support the use of checkpoints.


Other contributing factors include countywide Avoid DUI Task Force operations that saw the California Highway Patrol team up with police departments across the state to arrest impaired drivers, the widespread recognition of the “Report Drunk Drivers Call 911” message promoted by CALTRANS through their changeable message signs, the many action items addressing DUI developed and implemented by state departments such as the Department of Motor Vehicles and local agencies through the Strategic Highway Safety Plan, the successful programs aimed at keeping alcohol from minors implemented by the Department of Alcoholic Beverage Control, and the great work done by advocate and educational organizations such as Mothers Against Drunk Driving, Safe Transportation Research and Education Center at U.C. Berkeley, and RADD – the entertainment industry's voice for road safety.


“Preventing these tragedies remains our top priority,” said CHP Commissioner Joe Farrow. “By combining DUI enforcement efforts of the entire law enforcement community, with the support and dedication of our traffic safety partners and the motoring public, we will continue to make strides toward reducing DUI fatalities.”


The announcement comes just days before the Dec. 16 start of California’s December DUI Crackdown and NHTSA’s nationwide “Drive Sober or Get Pulled Over” campaign. The increased enforcement campaign ends Jan. 2.


Statewide 2010 DUI arrest numbers have been consistent with the past five years and higher than any year between 1997-2005, officials reported.


“California has taken a comprehensive approach to reducing drunk driving including aggressive use of sobriety checkpoints” said NHTSA Administrator David Strickland. “We commend California for its commitment to highway safety and efforts by its law enforcement officers to keep drunk drivers off the roads.”


“The people of California are to be congratulated along with all those who actively worked to avoid these tragedies,” said Murphy. “They see that not only is drunk and drugged driving a serious crime affecting the lives of so many, it is now seen as a socially unacceptable behavior for everyone.”

 

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California Attorney General Kamala Harris on Tuesday announced the creation of the eCrime Unit, staffed with Department of Justice attorneys and investigators, and charged with identifying and prosecuting identity theft crimes, cyber crimes and other crimes involving the use of technology.


"Today's criminals increasingly use the Internet, smartphones, and other digital devices to victimize people online and offline," said Attorney General Harris. "I am creating the eCrime Unit so that California can be a leader in using innovative law enforcement techniques to target these criminals. The eCrime Unit will be comprised of investigators and prosecutors charged with working across jurisdictions and leading task forces to protect California consumers and businesses."


The eCrime Unit investigates and prosecutes crimes that include a substantial technology component.


Examples and descriptions of the kinds of crimes that the unit will prosecute are:


  • Identity theft: The Internet provides new ways for criminals to steal personal information and identities whether through email phishing scams or trolling the Internet for personal information about others.

  • Fraud committed using the Internet: This includes scams perpetrated via email and on Internet auction Web sites.

  • Theft of computer components or services: Burglary and robbery of computers or other electronic devices by highly-organized gangs at manufacturing sites, storage facilities and retail stores.

  • Intellectual property crimes, such as counterfeiting or piracy: Large numbers of Web sites and online networks exist solely for the unauthorized distribution of copyrighted material, such as movies, music and software.

  • Child exploitation: Disrupting online child pornography networks and those who commit sex crimes against children using the Internet or social media.


Many of these crimes are multi-jurisdictional and are better suited for prosecution on a statewide level.


The eCrime Unit, which began operations in August, consists of 20 attorneys and investigators, many of whom have spent years working on complex technology crimes.


Technology crimes affect consumers, businesses and the state government's operations. California had 10 of the top 25 metropolitan areas for identity-theft related consumer complaints in 2010.


According to the Federal Trade Commission, California has the most identity theft complaints of any state and third highest per capita. In fact, every year, more than 1 million Californians are victims of identity theft. Total losses throughout the state exceeded $46 million last year.


"Every year, California loses millions of dollars because the intellectual capital of our state is being hijacked by criminal elements," said Assemblywoman Nora Campos, D-San Jose. "The addition of the eCrime Unit to California's fight against technology crimes sends a clear message that we are determined to root out this type of illegal activity."


The eCrime Unit will also provide investigative and prosecutorial support to the five California regional high-tech task forces funded through the High Technology Theft Apprehension and Prosecution Trust Fund Program and provide coordination for out-of-state technology-crime investigation requests.


The eCrime Unit also will develop and provide training for law enforcement officers, prosecutors, the judiciary, and the public on cyber safety and the importance of strong information-security practices.


"As the importance of the Internet to our economy has grown, criminals have moved online to steal valuable information and goods from individuals and businesses," said Santa Clara District Attorney Jeffrey Rosen. "In the 21st Century, law enforcement will be increasingly combating online criminal activity. The Attorney General's eCrime Unit will provide much needed resources and expertise to thwart and prosecute online criminals who cause billions of dollars in damage every year."


Attorney General Harris outlined several cases that exemplify the work of the eCrime Unit.


In July, George Bronk, a Sacramento-area man was sentenced to more than four years in state prison after hacking into email addresses and Facebook accounts of victims by finding answers to email security questions. He found indecent pictures and video and then blackmailed the victims. The victims in this case were located in at least 17 states and United Kingdom. More information on the case can be found http://www.oag.ca.gov/news/press_release?id=2541&y=&m=6.


Attorney General Harris also announced the filing of five felony charges against Chen Zhang on Dec. 8 in San Joaquin Superior Court.


Zhang is being charged with possession of unauthorized and counterfeit jewelry from five different companies. Investigators for the Attorney General's Office seized an estimated $1.5 million of counterfeit goods from her residence in Tracy, California on Nov. 3.


In another case, defendants allegedly ran an identity theft scam at ATM vestibules across seven counties. They allegedly used a card reader to capture victims' card numbers and a hidden camera to capture the PIN numbers. Total losses are estimated to be $2 million.


The case (California v. Aroutiounyan) originated in San Luis Obispo County, but the Department of Justice eCrime Unit was able to investigate and charge the entirety of the scheme across all seven counties.


Harris also announced the launch of a new web site devoted to cyber safety, which can be found at http://oag.ca.gov/cybersafety. The Web site contains information about online child safety, identity theft prevention tips and help for victims.


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LAKE COUNTY, Calif. – Lake County is one of several Northern California counties that will benefit from California Public Utilities Commission-funded projects to develop cohesive infrastructure for broadband services and expand those services among one and a half million residents.


The projects, funded Dec. 1, are joint efforts by the Corporation for Education Network Initiatives in California (CENIC) and the Center for Economic Development at California State University, Chico (CED, CSU Chico), the Northeastern California Connect Consortium (NECCC) and the Upstate California Connect Consortium (UCCC). They received $449,991 and $448,184, respectively, over a period of three years.

 

The counties within the scope of the NECCC are Butte, Lassen, Modoc, Plumas, Shasta, Siskiyou and Tehama. The counties within the scope of the UCCC are Colusa, Glenn, Lake and Sonoma.


"There is a deep awareness at the highest level in California of the importance of broadband availability and adoption to the state's historic global position of economic and technology leadership," said Tom West, manager for the two consortia. "These two funding decisions speak volumes of the state's commitment to ensuring that California remains a global leader in all areas of 21st century life."


Kelly Cox, Lake County’s administrative officer, added, "This grant will enable us to develop a much-needed comprehensive broadband plan for our county. Such a plan will enable us to pursue providers and funds to effectively implement broadband for our citizens and help us advance the county's economic development plans."


Both the NECCC and the UCCC reported that they will work with other consortia as part of a comprehensive Northern California Broadband Plan to set the stage for a robust, integrated, and open-access fiber-optic middle-mile – and combination fiber-optic and wireless last-mile – infrastructure throughout the 11 counties listed in addition to Del Norte, Humboldt, Mendocino, Trinity and Yolo counties.

 

Many of these counties are rural with rugged terrain as well as relatively low population, all of which pose great challenges to the construction of such an infrastructure over which broadband services can be delivered.


As a result, the counties in the projects’ areas currently lack the broadband services that are an essential part of a healthy economy and a good quality of life in the 21st century, and which are already enjoyed in other regions of the state, according to the report from the sponsoring organizations.

 

The NECCC and UCCC both consist of a multi-phase, three-year planning effort.


During the first year, the two consortia will concentrate on developing and designing the 16-county Regional Middle-Mile infrastructure, as well as 11 countywide backbone systems and last-mile community plans.


The NECCC and the UCCC then will facilitate the implementation of these infrastructure plans as well as developing and implementing adoption and training programs to ensure that every citizen has the opportunity to effectively use these capabilities.


"Developing and implementing a broadband plan for Northern California will help fuel the economies of counties like Modoc by enabling us to attract investment capital to make local resources and products available to consumers across the state and nation," said Chester Robertson, chief administrative officer of Modoc County and member of NECCC.

 

Consortia Associate Manager Cathy Emerson of CED is passionate about giving the rural communities a collective voice.


"I learned that the northern counties want action, not more studies, and that someone was needed to guide a process, not tell them what to do or how to do it,” Emerson said. “These consortia are intended to include people from all aspects of the region, and based on the membership pledges and letters of support we are receiving, I'd say that's what we have: a group of dedicated, committed individuals who at the end of the day can say they not only were a part of something, they actually affected change, and to the collective benefit of the whole region."

 

More information about the NECCC and the UCCC can be found at www.necalbroadband.org and www.upcalbroadband.org. Visit the Center for Economic Development at www.cedcal.com.

 

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This Honda Accord was involved in a single-vehicle crash on Tuesday, December 13, 2011, in Clearlake, Calif. One child was reported injured. Photo by Gary McAuley.
 

 





CLEARLAKE, Calif. – A single-car crash sent a child to the hospital Tuesday afternoon.


The crash occurred on Highway 53 just south of Ogulin Canyon Road and across from the Konocti Unified School District bus barn at around 3:30 p.m., according to the California Highway Patrol.


A 2004 Honda Accord traveling southbound crossed the northbound lane and went off the road’s east shoulder, running into a 6 foot high pile of dirt and rocks being used as road construction material, according to reports from the scene.


A 3-year-old girl riding in the car who was reportedly not restrained properly suffered abdominal trauma and was flown to the hospital. Reports did not indicate the extent of her injuries, of if anyone else riding in the car was injured.


More information wasn’t available on the crash from Clearlake Police Department Tuesday evening.


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The car hit a pile of dirt and rocks used for construction on the side of the road. Photo by Gary McAuley.
 

LAKE COUNTY, Calif. – It’s been another big year for public transit in Lake County.


With the economy making public transit a more affordable and reliable option for many community members, Lake Transit Authority is continuing to see a growing demand for its services.


Transit General Manager Mark Wall said the 2010-11 fiscal year was a record year for ridership, with 326,000 passengers.


The 2011-12 fiscal year promises to be bigger. Wall said they’ve seen a 25-percent increase, and are projecting that by the fiscal year’s end they will have had 400,000 passengers.


Wall said that is comparable to neighboring Mendocino County’s transit agency, which has 400,000 passengers a year and a population of more than 100,000 people, compared to Lake County’s 65,000 residents.


Lake Transit’s Route 1, which runs from Clearlake to Lakeport along the Northshore, is the busiest, having carried 86,000 passengers in the last fiscal year. It also runs the longest hours and brings in the most revenue, according to Lake Transit statistics.


The other routes include Route 2, Kit’s Corner to Middletown; Route 3, Clearlake to Deer Park; Route 4, Clearlake to Lakeport; Route 4A, Kit’s Corner to Lakeport; Route 5, Clearlake city north loop; Route 6, Clearlake city south loop; and Route 7, Lakeport/Ukiah.


According to Lake Transit statistics, Route 5 is in second place for ridership, followed by Route 6.


While Lake Transit would like to add services and routes, Wall said they don’t have the revenue to do it.


He said the transit system is funded by a number of sources. Passenger fares constitute 25 percent, while the rest comes from state funds and federal grants.


This fall, Lake Transit Authority received $309,288 in state transportation bond funds to purchase five replacement buses, as Lake County News has reported.


Lake Transit has avoided the kinds of cuts other transit agencies have experienced, said Wall. The only cut that’s planned is the elimination of a 6:30 a.m. Saturday-only run from Clearlake to Lucerne, and the 7:17 a.m. return from Lucerne to Clearlake.


In light of the economy, “We’re pretty much where we can be with operations,” according to Wall.


Wall said the new year will see fare increases, which go into effect Jan. 2.


Among the changes, local bus fare will go from $1 to $1.25 for the general public, and from $.50 to $.75 for seniors and disabled riders, Wall said.


That local fare covers “local areas,” which Lake Transit designates as Clearlake, including Glenhaven, Clearlake Oaks and Lower Lake; Lakeport, including north Lakeport and Kelseyville; Lucerne, including Nice, Upper Lake and Blue Lakes; Middletown, including Twin Lakes, Hidden Valley, Cobb and Loch Lomond; and the Rivieras, including Buckingham, Soda Bay, Riviera West and Clearlake Riviera.


Regional bus fare, which covers a trip through two or more of those local areas, will stay at $2.25 for the general public, but will rise from $1.50 to $2.25 for Lake Transit’s senior and disabled riders, Wall said.


Out-of-county fare for trips to destinations including Calistoga, St. Helena, Deer Park and Ukiah will increase from $3.50 to $5 for all riders, and monthly passes – which offer unlimited ridership – will increase from $35 to $40.


Other changes riders will see include the rerouting of eastbound service in Lucerne from Country Club Drive to Highway 20, a move based on a traffic calming study. The transit agency said the change is meant to improve bus schedules and travel times.


Community members also should notice the new bus shelters and benches along the routes, along with increased wheelchair accessibility.


Wall said the transit authority has raised $500,000 in grant funding over the last several years that is helping fund those shelters and benches. They’ve also partnered with Konocti Unified School District to have students install the structures.


Lake Transit will be closed on Christmas Eve and New Year’s Eve, Wall said.


For more about routes and schedules, visit www.laketransit.org.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

SACRAMENTO – The holiday travel season is in full swing and the roads are crowded with vehicles. If that wasn’t challenging enough, add to it the occasional winter storm.


With so much happening outside of the vehicle, the California Highway Patrol is unleashing a traffic safety campaign reminding motorists to focus on driving, and worry about all the other distractions after they have safely arrived at their destination.


“There are so many drivers who understand the dangers of distracted driving and focus their attention on the road instead of responding to a phone call or text message,” said CHP Commissioner Joe Farrow. “Unfortunately, many drivers still don’t understand the hazards, yet statistics has shown that traffic collisions caused by distracted driving are on the rise. This campaign focuses on these individuals.”


Distracted driving is one of the leading contributors to collisions and near-collisions.


According to the CHP’s Statewide Integrated Traffic Records System, in 2009, California drivers age 20 years or older were involved in more than 23,000 collisions within CHP jurisdiction in which inattention was documented as an associated factor.


“The CHP urges drivers to stay focused on the primary task of driving,” added Commissioner Farrow. “Through education and enforcement, we are dedicated to curb this dangerous behavior.”


The yearlong, grant-funded Adult Distracted Driving II campaign consists of an education component, as well as several distracted driver enforcement operations throughout the state.


By the end of the grant, Sept. 30, 2012, a minimum of 50 distracted driving enforcement operations will have been conducted, and at least 20 traffic safety presentations completed.


Funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.


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William Henry Holman, 43, of Kelseyville, Calif., was arrested on Friday, December 9, 2011, for several drug-related charges. Lake County Jail photo.
 

 

 



KELSEYVILLE, Calif. – The service of a search warrant by the Sheriff’s Narcotics Task Force and the Napa County Special Investigation Bureau on Friday, Dec. 9, has resulted in two arrests, the seizure of marijuana, methamphetamine and drug paraphernalia.


William Henry Holman, 43, of Kelseyville was arrested during the search warrant service, and more than $500 was seized for asset forfeiture, according to Sgt. Steve Brooks of the Lake County Sheriff’s Office.


On Dec. 9 at approximately 5 p.m., narcotics detectives assisted the Napa County Special Investigation Bureau with the service of a search warrant for Holman’s person and his home, according to Brooks.


When narcotics detectives entered the home, Holman was located and detained without incident, Brooks said.


During a search of the residence, detectives located methamphetamine, a glass “meth” pipe, approximately 2.3 pounds of processed marijuana, a digital scale and over $50 in currency, Brooks reported.


Brooks said Holman was arrested for possession of marijuana for sales, possession of a controlled substance and possession of narcotics paraphernalia. Holman was transported to the Lake County Hill Road Correctional Facility and booked, with bail set at $15,000. He later posted bail and was released.


The Sheriff’s Narcotics Task Force can be contacted through its anonymous tip line at 707-263-3663.


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SACRAMENTO – As part of a continuing effort to reduce costs and make the state government more efficient, Governor Jerry Brown on Monday issued an executive order directing the state’s agencies and departments to review the approximately 2,600 annual reports they are required to submit to the Legislature, and identify those that are no longer useful or necessary.


“My administration remains committed to keeping the Legislature informed, but churning out 2,600 annual reports – some ordered more than two decades ago – is a waste of time and money,” Governor Brown said. “All state agencies and departments have been asked to take a closer look at these reports and will work with the Department of Finance and the Legislature to get rid of those that are no longer needed.”


Under Monday’s executive order, agency secretaries and department directors will prepare a list of all reports that they are required to submit to the Legislature, and identify those that may no longer be of significant value.


Each agency and department will report its findings to the Department of Finance, which will then review the findings and work with the Legislature to determine whether specific reports should be discontinued.


The Monday directive follows an executive order issued last week to cut costs, increase efficiency by using honest, common-sense budgeting methods.


Earlier this year the governor also ordered reductions in cell phones, fleet vehicles and swag given out by state departments.


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KELSEYVILLE, Calif. – A Clearlake woman sustained major injuries on Wednesday when her vehicle went off the road and hit a tree.


Nova Wilson-Fox, 23, was reported to have suffered a head injury and was flown by REACH air ambulance to Santa Rosa Memorial Hospital, according to the California Highway Patrol.


Her family told Lake County News Wednesday evening that she is in critical condition.


At 12:30 p.m. Wilson-Fox was driving a 2000 Honda Accord at an unknown speed northbound on Bottle Rock Road south of Spring Hill Road between Kelseyville and Cobb in cool, clear conditions, the CHP said.


For unknown reasons, she lost control of the car, which slid off the roadway to the east, the CHP reported.


The CHP report said the driver's side of Wilson-Fox’s car struck a tree several feet from the roadway.


She was unconscious when the CHP arrived, and appeared to have suffered a head injury, according to the report.


Bottle Rock Road had one-way traffic control in place for approximately one hour as CHP and fire officials worked at the scene, the CHP said.


The CHP said Wilson-Fox was wearing her seatbelt at the time of the crash, and alcohol is not to believed to be a factor in the collision, which remains under investigation.


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On Tuesday, the National Transportation Safety Board called for the first-ever nationwide ban on driver use of cell phones or other “personal electronic devices” while operating a motor vehicle.


The safety recommendation specifically calls for the 50 states and the District of Columbia to ban the nonemergency use of portable electronic devices – other than those designed to support the driving task – for all drivers.


The safety recommendation also urges use of the National Highway Traffic Safety Administration model of high-visibility enforcement to support these bans and implementation of targeted communication campaigns to inform motorists of the new law and heightened enforcement.


"According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents", said Chairman Deborah A.P. Hersman. "It is time for all of us to stand up for safety by turning off electronic devices when driving."


Hersman added, "No call, no text, no update, is worth a human life."


On Aug. 5, 2010, on a section of Interstate 44 in Gray Summit, Missouri, a pickup truck ran into the back of a truck-tractor that had slowed due to an active construction zone. The pickup truck, in turn, was struck from behind by a school bus.


That school bus was then hit by a second school bus that had been following. As a result, two people died and 38 others were injured.


The NTSB's investigation revealed that the pickup driver sent and received 11 text messages in the 11 minutes preceding the accident. The last text was received moments before the pickup struck the truck-tractor.


The Missouri accident is the most recent distraction accident the NTSB has investigated.


However, the first investigation involving distraction from a wireless electronic device occurred in 2002, when a novice driver, distracted by a conversation on her cell phone, veered off the roadway in Largo, Maryland, crossed the median, flipped the car over, and killed five people.


Since then, the NTSB has seen the deadliness of distraction across all modes of transportation.


  • In 2004, an experienced motorcoach driver, distracted on his hands-free cell phone, failed to move to the center lane and struck the underside of an arched stone bridge on the George Washington Parkway in Alexandria, Virginia. Eleven of the 27 high school students were injured.

  • In the 2008 collision of a commuter train with a freight train in Chatsworth, Calif., the commuter train engineer, who had a history of using his cell phone for personal communications while on duty, ran a red signal while texting. That train collided head on with a freight train – killing 25 and injuring dozens.

  • In 2009, two airline pilots were out of radio communication with air traffic control for more than an hour because they were distracted by their personal laptops. They overflew their destination by more than 100 miles, only realizing their error when a flight attendant inquired about preparing for arrival.

  • In Philadelphia in 2010, a barge being towed by a tugboat ran over an amphibious "duck" boat in the Delaware River, killing two Hungarian tourists. The tugboat mate failed to maintain a proper lookout due to repeated use of a cell-phone and laptop computer.

  • In 2010, near Munfordville, Kentucky, a truck-tractor in combination with a 53-foot-long trailer, left its lane, crossed the median and collided with a 15-passenger van. The truck driver failed to maintain control of his vehicle because he was distracted by use of his cell-phone. The accident resulted in 11 fatalities.


In the last two decades, there has been exponential growth in the use of cell-phone and personal electronic devices.


Globally, there are 5.3 billion mobile phone subscribers or 77 percent of the world population. In the United States, that percentage is even higher – it exceeds 100 percent.


Further, a Virginia Tech Transportation Institute study of commercial drivers found that a safety-critical event is 163 times more likely if a driver is texting, e-mailing or accessing the Internet.


"The data is clear; the time to act is now. How many more lives will be lost before we, as a society, change our attitudes about the deadliness of distractions?" Hersman said.


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The 2011 Geminid meteor shower peaks on the night of Tuesday, Dec. 13, and into the early morning hours of Wednesday, Dec. 14, and despite the glare of a nearly-full Moon, it might be a good show.


"Observers with clear skies could see as many as 40 Geminids per hour," predicted Bill Cooke of the NASA Meteoroid Environment Office. "Our all-sky network of meteor cameras has captured several early Geminid fireballs. They were so bright, we could see them despite the moonlight."


The best time to look is between 10 p.m. local time on Tuesday, Dec. 13, and sunrise on Wednesday, Dec. 14.


Geminids, which spray out of the constellation Gemini, can appear anywhere in the sky.


"Dress warmly and look up," said Cooke. "It's that simple."


The source of the Geminids is near-Earth asteroid 3200 Phaethon. Most meteor showers come from comets, so having an asteroid as a parent makes the Geminids a bit of an oddball.


"This is the thing I love most about Geminids," said Cooke. "They're so strange."


Every year in mid-December, Earth runs through a trail of dusty debris that litters the orbit of 3200 Phaethon.


Comets vaporizing in hot sunlight naturally produce such debris trails, but rocky asteroids like 3200 Phaethon do not. At least they're not supposed to. The incongruity has baffled researchers since 1983 when 3200 Phaethon was discovered by NASA's IRAS satellite.


One clue: 3200 Phaethon travels unusually close to the sun. The asteroid's eccentric orbit brings it well inside the orbit of Mercury every 1.4 years. The rocky body thus receives a regular blast of solar heating that might somehow boil jets of dust into the Geminid debris stream.


In 2009, NASA's STEREO-A spacecraft saw this process at work. Coronagraphs onboard the solar observatory watched 3200 Phaethon as it was swinging by the sun. Sure enough, the asteroid doubled in brightness, probably because it was spewing jets of dust.


"The most likely explanation is that Phaethon ejected dust, perhaps in response to a break-down of surface rocks (through thermal fracture and decomposition cracking of hydrated minerals) in the intense heat of the Sun," wrote UCLA planetary scientists David Jewitt and Jing Li, who analyzed the data.


Jewett and Li's "rock comet" hypothesis is compelling, but they point out a problem: The amount of dust 3200 Phaethon ejected during its 2009 sun-encounter added a mere 0.01 percent to the mass of the Geminid debris stream – not nearly enough to keep the stream replenished over time. Perhaps the rock comet was more active in the past?


"We just don't know," said Cooke. "Every new thing we learn about the Geminids seems to deepen the mystery.”


Led by Cooke, the Meteoroid Environment Office has just released an app for iPhones and iPads to help citizen scientists count meteors and report their observations to NASA. The "Meteor Counter" is available for free from Apple's app store:

http://itunes.apple.com/us/app/meteor-counter/id466896415 .


Cooke hopes sky watchers everywhere will use it to monitor the mysterious Geminids.


Dr. Tony Phillips works for the National Aeronautics and Space Administration.


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