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Transcript Leading local news coverage on the Peninsula Friday ã Nov. 7, 2014 ã Vol XV, Edition 71 POST-ELECTION WARNING NATION PAGE 7 ‘INTERSTELLAR’A COSMIC GEM WEEKEND JOURNAL PAGE 17 BOEHNER CAUTIONS OBAMA AGAINST TAKING SWEEPING ACTION ONIMMIGRATION By Lisa Leff  THE ASSOCIATED PRESS SAN FRANCISCO — Tuition atthe University of California’s 10campuses would increase by asmuch as 5 percent in each of thenext five years under a plan UCPresident Janet Napolitanounveiled Thursday.Rates have remained frozen forthe past three years.Under Napolitano’s plan, theaverage annual cost of a UC educa-tion for California residents pursu-ing undergraduate degrees andgraduate degrees in academic asopposed to professional disci-plines would jump from $12,192to $12,804 nextfall and$15,564 in fall2019.Critics saidthe proposalwould be toomuch of a bur-den for students.Napolitanosaid the five-year frameworkfulfills a goal she set when sheassumed the president’s office lastyear of making “modest” tuitionhikes a predictable part of the uni-versity’s budget so families andcampuses can know what to expect UC studentsto likely seetuition hike President’s plan: Annual cost will be $15,564in 2019, critics say it’s too much of a burden By Samantha Weigel DAILY JOURNAL STAFF Two regional collaborative lawgroups are working to empowerfamily members involved in legaldisputes and promote healthy set-tlements that preserve relation-ships by branching out intoestates, probates and trusts.On Friday andSaturday,CollaborativePractice SanMateo CountyandCollaborativePractice SiliconValley will betraining attor-neys, mentalhealth profes-sionals and cer-tified financialexperts on howto advocate forclients andreach amenableresolutionswhen planningfor an individual’s death or care. “Rather than litigate an issueand leave that decision-makingprocess up to a third person (like a judge), we convene the family inthese multi-family discussions,rely on a collaborative team andhelp them with their finances aswell as the emotions they mightbe facing,” said Tim Martin, anattorney who co-founded CPSMC.“There’s nothing wrong with theadversarial process, but it’s timeas a society to recognize that thereare different processes like media-tion and collaboration.”Unlike mediation in which anoutside party ultimately makes a Attorneys focus on legal disputes before they hit court Interdisciplinary professionals work in estates, probates and trusts Tim MartinNancy Ross See ATTORNEYS , Page 22  Janet Napolitano  ANGELA SWARTZ/DAILY JOURNAL  The recently completed Burlingame Avenue streetscape includes larger sidewalks. low : Left to right, Cliff Clark,of the Burlingame Chamber of Commerce board, former councilwoman Rosalie O’Mahony, Councilman John Root,former councilwoman Cathy Baylock, Councilwoman Ann Keighran, Mayor Michael Brownrigg, Public WorksDirector Syed Murtuza, Councilman Ricardo Ortiz, former councilman Jerry Deal and City Manager Lisa Goldmancelebrated the ribbon cutting for Burlingame Avenue’s streetscape project. By Angela Swartz DAILY JOURNAL STAFF After a year and a half of shovelsin the ground, hard hats and con-struction trucks, the BurlingameAvenue streetscape project hasbeen completed.City officials celebrated with aribbon cutting ceremony Thursdayon the corner of California Driveand Burlingame Avenue. Whenconstruction for the $16.5 milliondowntown beautification projectfirst began in April 2013, reducedparking, fewer patrons and a torn- Burlingame celebrates streetscape opening Project results in widened streets, new underground infrastructure By Michelle Durand DAILY JOURNAL STAFF A former San Mateo Countysheriff’s deputy who beat an ex-girlfriend’s date at her house isguilty of felony assault and laterviolating a court order to stayaway from the woman, accordingto jurors who returned the verdictson the third day of deliberations.Colin Troy Smith, 43, of SanCarlos, wasalso convictedof felony wit-ness intimida-tion and caus-ing great bodilyinjury.After the ver-dicts were read,Judge Leland Ex-deputy convicted ofbeating ex-girlfriend’s date See PROJECT , Page 23 See TUITION , Page 23 Colin Smith See SMITH , Page 22 IINUMA ON TOPOF HER GAME SPORTS PAGE 11  Woman finds intruder snacking on cookie dough WICHITA, Kan. — A 28-year-old manhas been arrested on suspicion of bur-glary after a Wichita woman found himeating cookie dough from her freezer inthe early-morning hours.The Wichita Eagle reports the womancame out of her bedroom shortly before3:30 a.m. Thursday and found thestranger in her kitchen. Wichita police spokesman Lt. JamesEspinoza says the man told police hethought he was at his aunt’s house andwas hungry.Police say the man entered the homethrough an unlocked back door. The 52-year-old woman who lives there was nothurt.The intruder, who hasn’t been formal-ly charged, was arrested on suspicion of aggravated burglary. Bad first date: Woman takes Oregon man’s wallet WILSONVILLE, Ore. — Oregonpolice agree it was a bad first date. They say a 23-year-old man met awoman for the first time in personMonday night after they talked online.She hopped into his vehicle at a drive-through restaurant in Wilsonville,south of Portland, and suggested he buyher a milkshake.Sgt. Dan Kraus says the man got two$1 bills in change and put them intohis wallet, which he left on the centerconsole. Kraus says the womangrabbed the wallet, got out of the carand ran off.The Oregonian reports the man called911 and provided the woman’s cell-phone number. Officers called her toarrange a meeting at the same restau-rant. They arrested her early Tuesday andrecovered the wallet — with the two $1bills still inside. Suspect in drowning dog with bowling ball arrested SACRAMENTO — Police in Nevadahave arrested a man suspected of tying abowling ball to a dog and drowning it ina Northern California river. William Meek was on the run for near-ly five months. The Sacramento Beereported Wednesday that the 47-year-oldwas taken into custody in Reno on afelony warrant. Officials say the border collie wasfound floating in the American River inSacramento on June 16. The dog had aleash on its collar that was tied to a bagcontaining a bowling ball and largerock.City animal care manager Gina Kneppsays the dog had a microchip that offi-cials traced to a Sacramento woman whosaid she put the dog in Meek’s care.Sacramento authorities are seek-ing Meek’s extradition toCalifornia. It wasn’t immediatelyknown if he has a lawyer. Woman sentenced in videotaped California attack FRESNO — A woman has been sen-tenced to a year in jail in CentralCalifornia in connection with a videoposted online in which a woman istaunted, beaten and forced to strip inbroad daylight.KFSN-TV reports that a judge issuedthe sentence against Destiny Rico thisweek. Rico had pleaded no contest earli-er to robbery and street terrorism.Authorities in Fresno say Rico beatthe female victim after the victim stolea roommate’s cell phone. In the video,the victim begs to be left alone and runsnaked past apartment buildings and aman on the street, but does not receiveany help. Vermont continues to lead on low pre-term births BURLINGTON, Vt. — The VermontHealth Department says the state iscontinuing to have the lowest rate of pre-term births in the nation.The most recent numbers came in theMarch of Dimes 2014 Premature BirthReport Card.The health department says Vermontwas one of only five states to receive ascore of “A,” and has received the high-est score on the report card for the pastseven years. FOR THE RECORD2 Friday ã Nov. 7, 2014  THE DAILY JOURNAL The San Mateo Daily Journal 800 S. Claremont St., Suite 210, San Mateo, CA 94402 Publisher: Jerry LeeEditor in Chief: Jon Mays . . . . . . . . . . . . . . . . . . . . (650) 344-5200 Fax: (650) 344-5290To Advertise:. . . . . . . . . . . . . . . . . . . . . . . . ads@smdailyjournal.comEvents:. . . . . . . . . . . . . . . . . . . . . . . . . calendar@smdailyjournal.comNews:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . news@smdailyjournal.comDelivery:. . . . . . . . . . . . . . . . . . . . . distribution@smdailyjournal.comCareer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . As a public service,the Daily Journal prints obituaries of approximately 200 words or less with a photo one time on the date of the family’s choosing.To submit obituaries,emailinformation along with a jpeg photo to obituaries are edited for style,clarity,length and grammar.If you would like to have an obituary printedmore than once,longer than 200 words or without editing,please submit an inquiry to our advertising department at Actor ChristopherKnight is 57. This Day in HistoryThought for the Day 1944 President Franklin D. Roosevelt wonan unprecedented fourth term inoffice, defeating Republican ThomasE. Dewey. “Man cannot live by incompetence alone.” — Charlotte Whitton, Canadian feminist (1896-1975) Evangelist BillyGraham is 96. Rapper Tinie  Tempah is 26. Birthdays REUTERS A full moon rises over the Turkish-Syrian border line close to the Syrian town of Kobani. Friday: Mostly cloudy. Highs in the mid60s. Northwest winds 5 to 15 mph. Friday night: Partly cloudy. Lows inthe lower 50s. Northeast winds 5 to 10mph. Saturday : Sunny. Highs in the upper60s. Northeast winds 5 to 10 mph. Saturday night: Clear. Lows in the mid50s. Northeast winds around 5 mph. Sunday : Sunny. Highs around 70. Sunday night and Monday: Mostly clear. Lows in themid 50s. Highs in the upper 60s. Monday night through Tuesday : Partly cloudy. Lowsin the lower 50s. Highs in the mid 60s. Tuesday night through Thursday : Partly cloudy. Lowsin the lower 50s. Highs in the mid 60s. Local Weather Forecast In 1861 , former U.S. President John Tyler was elected tothe Confederate House of Representatives (however, Tylerdied before he could take his seat). In 1914,  the first issue of The New Republic magazine waspublished, presenting itself as “A Journal of Opinion whichSeeks to Meet the Challenge of a New Time.” In 1916 , Republican Jeannette Rankin of Montana becamethe first woman elected to Congress. In 1917,  Russia’s Bolshevik Revolution took place asforces led by Vladimir Ilyich Lenin overthrew the provi-sional government of Alexander Kerensky. In 1940 , Washington state’s srcinal Tacoma NarrowsBridge, nicknamed “Galloping Gertie,” collapsed into PugetSound during a windstorm. In 1954 , the CBS News program “Face the Nation” pre-miered with Ted Koop as host; the guest was Sen. Joseph R.McCarthy, R-Wis. In 1962 , Republican Richard Nixon, having lostCalifornia’s gubernatorial race, held what he called his “lastpress conference,” telling reporters, “You won’t have Nixonto kick around anymore.” Former first lady EleanorRoosevelt, 78, died in New York City. In 1972, President Richard Nixon was re-elected in a land-slide over Democrat George McGovern. In 1973 , Congress overrode President Richard Nixon’sveto of the War Powers Act, which limits a chief executive’spower to wage war without congressional approval. In 1974 , British peer Richard John Bingham, 7th Earl of Lucan, disappeared after his children’s nanny, SandraRivett, was bludgeoned to death at his family’s Londonhome; he has not been seen since. In 1980,  actor Steve McQueen died in Ciudad Juarez,Chihuahua, Mexico, at age 50.Actor Barry Newman is 76. Singer Johnny Rivers is 72.Singer-songwriter Joni Mitchell is 71. Former CIA DirectorDavid Petraeus is 62. Rock musician Tommy Thayer (KISS) is54. Actress Julie Pinson is 47. Rock musician Greg Tribbett(Mudvayne) is 46. Actor Christopher Daniel Barnes is 42.Actors Jason and Jeremy London are 42. Actress Yunjin Kim is41. Actor Adam DeVine is 31. Rock musician Zach Myers(Shinedown) is 31. Actor Lucas Neff is 29. Rock singer Lordeis 18. In other news ... (Answers tomorrow)CHIDE WATCH WEALTH WHIMSYYesterday’sJumbles:Answer:The witch had twin baby girls, but — WHICH WAS WHICH?Now arrange the circled letters to form the surprise answer, assuggested by the above cartoon. THAT SCRAMBLED WORD GAME by David L. Hoyt and Jeff Knurek Unscramble these four Jumbles,one letter to each square,to form four ordinary words. LATSLCHEENCOINRILUNENF  ©2014 Tribune Content Agency, LLCAll Rights Reserved.    C   h  e  c   k  o  u   t   t   h  e  n  e  w ,   f  r  e  e   J   U   S   T   J   U   M   B   L   E  a  p  p      - ”“      - A: Lotto  The Daily Derby race winners are Whirl Win, No.6, in first place; Hot Shot, No. 3, in second place;and California CLassic, No. 5, in third place. Therace time was clocked at 1:46.72. 5 1 49 15 24 39 41 1 Meganumber Nov. 4 Mega Millions 2 11 19 21 42 34 Powerball Nov. 5 Powerball 8 11 23 36 38 Fantasy FiveDaily three midday 64 0 4 Daily Four 7 6 7 Daily three evening 1 15 21 24 26 26 Meganumber Nov. 5 Super Lotto Plus  3 Friday ã Nov. 7, 2014  THE DAILY JOURNAL LOCAL REDWOOD CITY Petty theft . Two women walked into astore and stole a purse and wallet on VeteransBoulevard before 6:55 p.m. Tuesday, Nov. 4. Reckless driver. A truck drove up on thecurb and hit a tree before driving off onArlington Road and Woodstock Place before4:13 p.m. Tuesday, Nov. 4. Accident . An elderly man on a scooter washit by a vehicle but sustained no injuries onEl Camino Real and Lincoln Avenue before11:14 a.m. Tuesday, Nov. 4. Accident. Two trucks collided on FernsideStreet and Goodwin Avenue before 10:48a.m. Tuesday, Nov. 4. Accident . A car accident occurred on thetrain tracks on Chestnut Avenue before 7:51a.m. Tuesday, Nov. 4. Stolen vehicle . A vehicle was stolen onSeventh Avenue before 6:57 a.m. Tuesday,Nov. 4. HALF MOON BAY Petty theft . A laptop and prescriptionmedication were stolen from a vehicle on thefirst block of Highway 1 before 12:20 p.m.Tuesday, Nov. 4. Fraud. A fraudulent check for $1,300 wasused and email addresses and PINs werestolen in an online retail scam on the 2100block of Saint Andrews Road before 10:45a.m. Tuesday, Nov. 4. Arrest . A 55-year-old man was arrested afterhe had hit three parked vehicles and fled thescene while intoxicated on Main Streetbefore 3:40 p.m. on Sunday, Nov. 2. Arrest . A man was arrested for driving on asuspended license while under the influenceof alcohol and marijuana on Highway 1before 9:32 p.m. Tuesday, Oct. 28. Police reports They made a killing on Halloween Halloween City requested an escort tothe bank because of the amount of money they were depositing on ElCamino Real in South San Franciscobefore 12:03 p.m. Friday, Oct 31. DAILY JOURNAL STAFF REPORT A much-touted project to modernize theCaltrain line with more efficient electrifiedtrains is being delayed up to 18 months andthe price is rising from $1.45 billion to aprojected $1.7 billion to $1.76 billion, thetransit agency announced Thursday. The cost for electrification now is pro- jected to be between $1.47 billion and $1.5billion. The previous projection, srcinallycalculated in 2008, was $1.2 billion. Withthe new figures, the projected cost for thetotal Caltrain Modernization, or CalMod,program is $1.7 billion to $1.76 billion.The previous cost projection was $1.45 bil-lion. The projected cost of the new signalsystem, CBOSS PTC, which is part of theCalMod Program, is unchanged at $231 mil-lion. The Peninsula Corridor Joint PowersBoard also received a new projection thatelectrified service will begin between thewinter 2020 and the spring 2021. The src-inal projection for the electrified service tobegin was the winter 2019, according to thetransit agency.“We are all anxious to get Caltrain electri-fied so our communities can benefit fromexpanded and improved service,” said SanMateo County Supervisor Adrienne Tissier,a member of the Caltrain Board of Directorsand the Metropolitan TransportationCommission, which is helping to fund theproject. “With a project of this size and sig-nificance, we expect the cost and scheduleprojections to be adjusted, especially whenthe previous projections are 6 years old.This update allows the project to move for-ward with environmental clearance so wecan get to work building a system thataccommodates growing ridership demand.”The price is rising for the PeninsulaCorridor Electrification Project, which isconverting the rail system from diesel toelectric, because of inflation, updated indus-try information, additional engineering andan analysis of the challenges associatedwith constructing the project while alsomaintaining train service that continues tosee dramatic increases in ridership, accord-ing to the transit agency.In 2012, nine local, state and regionalentities agreed to fund the CaltrainModernization Program. That funding planwas based on the 2008 cost projections andalso included the program’s advanced signalsystem project called CBOSS PTC. Theoverall program meets Caltrain’s modern-ization goals and is an early investment forthe state’s high-speed rail system. Caltrainis working with its regional, state and feder-al funding partners to explore opportunitiesto secure the additional investment neededto complete the project. Additional fundingcould include California’s cap-and-trade pro-gram, Federal Transit Administration’sVehicle Replacement and Core Capacityprograms, regional bridge toll program andCaltrain fares, according to the transitagency. Caltrain electrification delayed, price rises DAILY JOURNAL STAFF REPORT A former San Carlos PetSmart worker whohad her boyfriend burglarize homes belong-ing to dog boarding customers while theyvacationed was sentenced to 10 years whileher partner received a 19-year term.Ashley Lynn Kirk, 25, and Juan CarlosOrtega-Ramos, 26, both of San Jose, eachpleaded no contest in September to 11counts of residential burglary and one countof attempted burglary. Kirk received thedecade prison with credit of 597 days whileOrtega-Ramos, who also admitted a gangenhancement, received nine more years. Hehas credit of 600 days. Both will also be ordered to pay restitu-tion at a Dec. 4 hearing and prosecutors saythe recommendation ismore than $200,000.The sentencing cameafter one victim told thecourt she was at herdaughter’s wedding onthe day her home wasburglarized and learned of the crime while at theceremony, Chief DeputyDistrict Attorney KarenGuidotti said.Prosecutors said in 2013 Ortega-Ramosransacked several homes of customers whoboarded their dogs at the San CarlosPetSmart. Kirk allegedly figured out whathomes would be empty based on the animalboarding calendar at the store’s PetsHotel.She reportedly passed onthe information toOrtega-Ramos who com-mitted the robberies.The couple took a vari-ety of items includingelectronics, jewelry and,in one instance, a silverPorsche 991S from aPortola Valley home. Thevehicle went missing inSeptember 2013 but wasfound later the same day in Belmont. Thecouple was arrested but bailed out. After afive-month investigation, investigatorsarrested the couple again in January for bur-glaries in Foster City, Portola Valley,Woodside and Redwood City. Couple sentenced for theft of PetSmart customers Ashley Kirk  Juan Ortega-Ramos   Comment on or share this story  4 Friday ã Nov. 7, 2014  THE DAILY JOURNAL LOCAL By Michelle Durand DAILY JOURNAL STAFF The 30-year-old driver who killed amother and two sons by crashing intoher car while intoxicated is responsi-ble for the “tragic accident” but notguilty of three counts of murder, hisdefense attorney told jurors duringopening statements Thursday morn-ing.Denis Pereria Demacedo, who kepthis head bowed as the prosecutionflashed graphic accident photographson the wall, was speeding away from adifferent minor collision when hestruck the car carrying four in DalyCity, attorney John Elworth said.The March 9, 2013, crash killedJosefa Osorio Acevedo, 50, and hersons Amado Osorio Acevedo, 23, andJosue Osorio, 14. Amado Acevedo’sgirlfriend was critically hurt but sur-vived the crash. Despite drinking prior to the crashand the failure of a field sobriety test,Elworth told jurors he will challengethe prosecution contention that hisclient was driving while impaired.Instead, Elworth painted theSunnyvale man as speeding away fromthe earlier fender-bender in a panickedstate when the victims’ car pulled awayfrom a curb into his lane. “He was shocked that this carappeared in front of him,” Elworthsaid.Jurors will see the crime scene andtwo involved vehicles firsthand withtrips to the vicinity of 166 EastmoorAve. where Demacedo’s BMW collidedinto the driver’sside of Acevedo’sToyota Tercel andthe Daly City PoliceDepartment whereboth vehicles arestored.The DistrictAttorney’s Officecharged Demacedowith murder ratherthan just vehicularmanslaughter because of the number of victims, his alleged heavy drinkingand at the time being on probation fora previous drunk driving conviction.Demacedo’s charges, which includefelony drunk driving and hit-and-run,stem from both the fatal collision andthe earlier crash. He is also chargedwith perjury for allegedly filing falseinformation with the Department of Motor Vehicles to unsuspend hislicense.The day of the crash, prosecutor Jeff Finigan told jurors Demacedo spentfive hours drinking pitchers of beerwith friends at a nearby restaurantbefore leaving in his car. After bump-ing into a Honda Civic, Demacedosped away at 60 mph to 65 mph weston Eastmoor Avenue and struck theTercel, pushing it about 150 feet. Demacedo was not injured andremained at the scene where Elworthsaid he jumped from his car yelling“Oh my god, call the police” and con-stantly asking if the other vehicle’soccupants were OK. Photographs shown to the jurorshowed shattered windshields andcrumpled metal. In some, the victimsare clearly slumped over. In another, afemale victim’s body laid on theground with the car’s back windowunderneath. An officer testified thatone photograph showed one son witha broken neck and blood at his waist.As the images were displayed, familymembers wept and one finally left thecourtroom.Demacedo was not given a breatha-lyzer test but offered his blood will-ingly. The level several hours later was.15 which the prosecution said indi-cates it was closer to .18 at the time of the crash. Demacedo told officers he did notfeel intoxicated, Finigan said.Elworth told jurors that despite sev-eral officers at the scene, Demacedowas only given one finger test forsobriety.Under direct examination, Daly Citypolice Officer Lucas Taylor said he did-n’t administer more because there weremore pressing tasks such as identify-ing other victims, helping the firedepartment extract the car occupantsand photographing the vehicles beforethey were destroyed to remove the pas-sengers. Taylor described a chaoticscene, with a crowd growing on thesidewalk and a frenzy to get to the vic-tims.“Time was of the essence to try sav-ing these people,” Taylor said.Demacedo was not seriously injuredand has been in custody without bailsince his arrest. 344-5200 ext. 102 Murder trial begins intriple-fatal car crash DenisDemacedo Attempted kidnapper imprisoned five years A 26-year-old man accused of grabbing a female pedestri-an in downtown San Mateo and dragging her a few feetbefore she broke free was sentenced tofive years in prison for attempted kid-napping.Noah Wayne Bennett, of East PaloAlto, also admitted having a prior strikeas part of a plea deal reached inSeptember. Bennett has credit of 532days against the term earned while in cus-tody on $175,000 bail. Bennett is accused of grabbing the armof a female pedestrian as she passed byhim around noon Feb. 13, 2014. He reportedly told her shewas coming with him and pulled her before she freed herself and ran home to call police.Nearby, San Mateo police found Bennett who claimed hehad just gotten off the train and was window shopping nearThird Avenue. The woman identified Bennett as the man whograbbed her, according to police.At the time, Bennett was on misdemeanor probation formaking obscene phone calls. He also has a criminal strikeon his record for a 2010 Redwood City robbery conviction. Feds call new Silk Road defendant aflight risk NEW YORK — A California man confessed to operating aspinoff version of the shuttered Silk Road website, whichenabled more than 100,000 people tobuy and sell illegal drugs over theInternet, a prosecutor said Thursday.Blake Benthall, 26 years old and wear-ing a hooded sweatshirt with “InternetBetter” on the back, appeared in federalcourt in San Francisco after hisWednesday arrest. He faced severalcharges, including conspiracy to commitnarcotics trafficking, which carries apotential life sentence and a mandatoryminimum of 10 years in prison.Assistant U.S. Attorney Kathryn Haun told U.S.Magistrate Judge Jacqueline Scott Corley that Benthall wasa flight risk, was a danger to the community and should beheld without bail after he waived his rights and “did admit toeverything,” including running the copycat website. Noah Bennett Local briefs Blake Benthall
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