Thursday, December 1, 2005

S.P. man files million-dollar claim against city

Published in the Current

SOUTH PORTLAND (Dec 1, 2005): A South Portland man has filed a notice that he may sue the city of South Portland for $1 million in compensation for what he says was excessive force used by three police officers during an arrest July 20.

Stephen E. Parker has claimed that as a result of the incident his left shoulder, arm and hand were injured, “including permanent nerve damage,” that he suffered “emotional distress” and that his constitutional rights were violated.

The officers allegedly involved were Officer Kevin Gerrish, who Parker claims initially stopped Parker’s vehicle, and two officers Parker’s claim said responded as “backup,” Officer Jeffrey Caldwell and Lt. Todd Bernard, who was a sergeant at the time. Parker’s claim also names Police Chief Edward Googins and claims wrongdoing also on the part of the South Portland Police Department and the city of South Portland.

Parker’s claim alleges he was shot by a taser gun, sometimes also called a “stun gun,” which fires small electrodes at a person and then discharges an electric shock, temporarily disabling the person.

Parker’s filing claims he “was not dangerous or physically threatening to anyone,” and goes on to say that after Parker was shot with the taser, “officers brought him to the ground and continued their assault on him.”

The claim is not a lawsuit, but notifies the city that he may file suit in the future. City attorney Mary Kahl said many people who file notices of claim do not end up filing lawsuits. The notice of claim gives the city time to investigate and determine what really happened, she said. If there is no out-of-court settlement and no lawsuit, the allegations contained in the notice of claim simply expire, she said.

Parker, 39, of 4 Spurwink Ave. was arrested on charges of operating under the influence and refusing to submit to arrest or detention on Sawyer Street at 8:10 p.m. July 20, according to police records.

Parker was out of state and could not be reached for comment. His attorney, Benjamin Gideon of Lewiston, did not return multiple messages seeking comment. Gerrish did not return a phone call seeking comment.

Googins said the department has launched an internal investigation into the incident, as it does in response to all notices of claim or other complaints. The investigation began earlier this month, when the notice arrived, because Parker had made no previous complaint about the incident, Googins said.

“I can’t respond to his allegation” because of the ongoing internal investigation, Googins said.

Kahl said the claim has been handed off to the city’s insurer, the Maine Municipal Association, where a spokeswoman declined to discuss the claim, or even confirm that it existed.

Kahl said the city investigation is “unlikely” to find fault with any of the officers. If the city did, it could choose to negotiate a settlement with Parker, which would forestall an actual lawsuit. Kahl said in the 15 years she has been the city’s attorney, the city only chose to settle in advance one claim, in which a person slipped and fell on ice.

“Because of the nature of what (police) do,” she said, “it’s not unusual for any municipal police department to periodically have a claim filed.”

“There have been few complaints” of excessive force against the city’s police, and those that have been filed are usually resolved in favor of the police, Kahl said.

In 2003, a federal jury rejected a claim by a North Waterboro woman that South Portland Police Officer James Fahey had used unnecessary force against her during an arrest in May 2002.

The woman, Robyn Toler, claimed that without provocation Fahey threw her to the ground and pushed her head against a police car while she was handcuffed. Fahey said he threw her to the ground to prevent her from spitting in his face. He denied pushing her head against a car.

And in 1992, a federal judge found that South Portland Police Officer Andrew Kennedy had not used excessive force during an arrest on Broadway in February 1991.

Thursday, November 24, 2005

History, tradition disagree on Thanksgiving

Published in the Current

SCARBOROUGH (Nov 24, 2005): The first Thanksgiving, in 1621, had an undercurrent of unease during the feast of gratitude the Pilgrims held after their first successful harvest in the New World.

What little we know of that three-day celebration is contained in two short passages from colonists, one written by Edward Winslow Dec. 12, 1621, and published in 1622; and the other written at least 10 years after the event by William Bradford, the colony’s governor, in “History of Plymouth Plantation,” according to Lisa Wolfinger of Cape Elizabeth, who with her husband Kirk Wolfinger owns Lone Wolf Documentary Group in South Portland.

Lisa Wolfinger, who spoke Sunday at a special service at Blue Point Congregational Church, UCC, in Scarborough, is working on a three-hour documentary about the Pilgrims, to air as “The Mayflower” on the History Channel around next Thanksgiving.

There is no Native American record of the feast, in the oral or written traditions of the tribes in the area, Wolfinger told the congregation, who wore name tags bearing Pilgrims’ names. Some children wore construction-paper Pilgrim hats, and the service was conducted “in the manner of the Pilgrims, as best we can,” said Rev. Carol Kerr, who may appear in the film as an extra, and whose son Gavin plays a young gentleman named Jonathan Brewster.

“The story of the Pilgrims is a great adventure,” said Rev. Kerr, “a story of great adventure and powerful heroes with God on their side.”

Creators of tradition

The group wanted to worship in their own way, reading the Bible and interpreting it for themselves without a priest explaining or giving an “official” version of the scripture. They objected to the Church of England’s traditions, many of which descended from the Roman Catholic Church, as separating people from God.

The Pilgrims were a sect called Separatists, which split from the Church of England to form a new church, as opposed to the Puritans, a group who wanted to “purify” the Anglican Church from within, Wolfinger said.

“Congregationalism, our church, descended directly from their faith,” Kerr said. Even the fact that she wears academic robes during services – rather than a priest’s ornate garb – descends from the Pilgrims, whose ministers wore academic robes to signify the belief people should “use reason and your mind” to understand God, she said.

The Blue Point Church building is “much more Anglican” than the Pilgrims would have liked, she said, with stained glass and an organ – what the Pilgrims called “the devil’s bagpipes” – featured prominently.

Other traditions created by the Separatists survive, including the Congregational practice of a church choosing its own minister, rather than having a bishop or pope to make that decision, said Kerr, who was picked by a committee of church members.

Saved by English-speakers

Despite the lasting traditions they created, “the Pilgrims were a little crazy, if you ask me,” Kerr said. In a fervent desire to worship their own way, they left their homes in England for Holland, and then packed 102 of themselves onto a small wooden ship built to carry 75 people – the Mayflower – and set sail for America.

They slept on bare wood decks, had little or no sanitation and ate uncooked food during the 66-day voyage, which ended when the Pilgrims, with almost no provisions and nothing for shelter, arrived off Cape Cod in November 1620, just as winter was setting in, Kerr said.

About all they did have was faith. In one of his last speeches before the group left Holland, Rev. John Robinson, the sect’s leader, who stayed behind, told the Pilgrims to keep their eyes, minds and hearts open to new ideas and understandings of God and the Bible, “for I am verily persuaded that the Lord hath more truth and light to break forth from His holy word.”

And the Pilgrims had a little luck. When they landed, there were no natives in the area. Nearly all of them had been killed off by a plague, possibly smallpox brought by European explorers, Wolfinger said.

There were villages nearby, all vacant, and some with bones on the ground because so many had died “there was nobody left to bury them,” she said.

The Pilgrims moved into an area that had been cultivated, but only barely survived by hunting and gathering through the winter. By the spring, half of them had died of scurvy and pneumonia.

In March, an English-speaking Native American showed up, Samoset. He had learned the Pilgrims’ language from explorers and traders who had preceded them. He arranged a peace between the Pilgrims and Massasoit, the local chief.

Massasoit even arranged for Squanto – a Native American who had been kidnapped and taken to England and Spain and spoke English too – to live among the Pilgrims to help them. In 1621 he had just returned from Europe to find that almost all of his tribe, the Pawtuxet, had been killed by the plague, Wolfinger said.

Without the natives’ help, “the Pilgrims would not have survived,” she said.

Indians not invited?

But survive they did, and after their harvest they held a celebratory feast. The few records we have of the event show “how far we’ve distorted what actually happened,” into a holiday where families get together to eat and watch football, Wolfinger said.

One of the key debates among historians is whether the Native Americans were invited to the feast, as many American schoolchildren learn. Neither of the written accounts says they were, though Winslow’s letter says the Pilgrims “exercised their arms,” or performed military-like drills, including possibly firing weapons, which Wolfinger said might have concerned the Native Americans, whose chief then showed up with 90 warriors.

“There’s a baseline level of unease in this celebration,” she said, and the “raw footage” clips she showed of the film-in-progress reflect that, with no joyous conversation between the Pilgrims and Native Americans, even as they sit together to share a meal.

“You’ve got all these people showing up for a party, there’s not that much food, and they won’t leave – and they’re fully armed,” she said.


Sidebar: First-hand accounts of the first Thanksgiving

Edward Winslow, printer, in a letter dated Dec. 12, 1621,and published in 1622 as chapter six of “Mourt’s Relation: A Journal of the Pilgrims at Plymouth:”

“Our corn (i.e. wheat) did prove well, and God be praised, we had a good increase of Indian corn, and our barley indifferent good, but our peas not worth the gathering, for we feared they were too late sown. They came up very well, and blossomed, but the sun parched them in the blossom. Our harvest being gotten in, our governor sent four men on fowling, that so we might after a special manner rejoice together after we had gathered the fruit of our labors. They four in one day killed as much fowl as, with a little help beside, served the company almost a week. At which time, amongst other recreations, we exercised our arms, many of the Indians coming amongst us, and among the rest their greatest king Massasoit, with some ninety men, whom for three days we entertained and feasted, and they went out and killed five deer, which they brought to the plantation and bestowed on our governor, and upon the captain and others. And although it be not always so plentiful as it was at this time with us, yet by the goodness of God, we are so far from want that we often wish you partakers of our plenty.”

William Bradford, the colony’s governor from April 1621 on, in “History of Plymouth Plantation,” written between 1630 and 1650:

“They began now to gather in the small harvest they had, and to fit up their houses and dwellings against winter, being all well recovered in health and strength and had all things in good plenty. For as some were thus employed in affairs abroad, others were exercising in fishing, about cod and bass and other fish, of which they took good store, of which every family had their portion. All the summer there was no want; and now began to come in store of fowl, as winter approached, of which this place did abound when they came first (but afterward decreased by degrees). And besides waterfowl there was great store of wild turkeys, of which they took many, besides venison, etc. Besides they had about a peck of meal a week to a person, or now since harvest, Indian corn to that proportion. Which made many afterwards write so largely of their plenty here to their friends in England, which were not feigned but true reports.”

Sidebar: Elements of Pilgrim worship

The service began with a drummer calling people to worship, and with a member of the congregation thumping a “tithing rod” three times. (The wooden rod was used to prod men – and a similar one with a feather on it was for the women – who fell asleep during the four-hour services in unheated sanctuaries.)

Men and boys sat on the right-hand side of the sanctuary and women and girls sat on the left.

The beadle, a church official who kept religious order in the community, carried the Bible to a bench at the front of the church, and the minister walked up the aisle last.

The service started with “free prayers” – written by the minister or made up on the spot, not written down in anything like the Anglicans’ “Book of Common Prayer” – conducted while minister and congregation members alike held their hands upraised. This was also called the short prayer: “The short prayer was the 15-minute prayer at the beginning of the service,” according to Rev. Carol Kerr.

If the minister said something people liked, they would call out “Amen.”

Then there would be a hymn in a call-and-response format, with some members of the congregation leading and everyone else following along, line by line.

When the scripture readings were complete, people could comment about what they heard, and ask questions.

After the sermon, there would also be a time for questions and comments.

Then, before the offering and benediction ending the service, there would be a time called “censures,” when congregation members would stand up and report on the misdeeds they had seen others doing. “This is probably a part of Pilgrims and Puritanism that you’re glad we don’t do anymore,” Kerr said.

Source: Rev. Carol Kerr

Editorial: Giving thanks

Published in the Current

(Nov 24, 2005): This week, as Thanksgiving gives us a chance to stop and take stock of all of our blessings, please remember to think of others who are less fortunate. They are all around us – here in Scarborough, Cape Elizabeth and South Portland, and they live here year-round.

Some are children, like Barry Cash, whose difficult road is one few of us can fathom. Even so, Cash, now 18, has happy memories of his childhood with his family, before his mother put him on a Lewiston school bus and told the driver not to bring him home, as we read on Page 1. He has also found a family that cares for him deeply, and we are grateful to the LaVoies for opening their hearts and their home to him.

Others are like the 47-year-old Scarborough mother we talked to, who needs help from the Scarborough Food Pantry, or others who get help from the other local pantries.

People have been telling us that this winter the need will be greater, with fuel prices high and sure to stay there. Even as gas and oil prices fall to near or even below $2 a gallon, that is more than some can pay.

Holidays are a time of plenty in many homes, but in homes where there is not plenty, the absence is felt more deeply. But there is a sadder story here: As the holidays pass, people tend to neglect the needy again, until the holidays come around again.

By March, Norma Coughlin, director of the Scarborough Food Pantry, turns to people who go to church at the pantry’s home, the First Congregational Church on Black Point Road, to fill the larder for those still hungry as winter ends.

Coughlin and the volunteers there, as well as others at other food pantries and organizations in our three communities, keep their minds and hearts on helping the less fortunate throughout the year, not just when the “giving season” is upon us and winter rolls in.

We urge everyone to try harder to keep others in mind, even during our busy lives. That is a large part of what makes a community and keeps ours together.

To the LaVoies, Coughlin and her crew, South Portland Food Cupboard Director Sybil Riemensnider and her volunteers: We are thankful to you, and for you, and for all who help others, now and throughout the year.

A personal note

I will be leaving the Current Nov. 30 to become the managing editor of the Portland Phoenix.

I want to take a moment to express my personal gratitude to all of you, our readers, advertisers, friends and community members, for your support – both professional and personal – in my four years here at the Current.

I leave with both a heavy heart and great excitement. I will miss covering these communities so closely, though I will still live in South Portland, visit my sister’s family in Scarborough and spend time with friends in Cape Elizabeth.

Many of you will remember my friend and colleague Brendan Moran, who worked with us at the Current from very early on. He is now Current Publishing’s executive editor, and will begin oversight of the Current, with an assistant editor to be named shortly. Together they will ensure the continuation and improvement of the strong news coverage and writing you have come to expect from the Current.

After next week, I will join you as an interested reader and paid subscriber, and I look forward to the next chapter in the story of this, my hometown newspaper.

Thanks again to all of you, for so much.

Jeff Inglis, editor

Thursday, November 17, 2005

S.P. parades for veterans

Published in the Current

SOUTH PORTLAND (Nov 17, 2005): After South Portland's Veterans Day parade, Lloyd Woods, commander of the Maine Department of the American Legion, thanked veterans for their sacrifices in the name of freedom.

"We can never forget out defenders. They are the backbone of America," he said.

South Portland City Clerk Susan Mooney said veterans "are responsible for the liberty and freedom we enjoy today." She said veterans who never served in direct combat should not discount their contributions to freedom.

Lt. Roger Sabourin, a retired Navy officer and Army senior enlisted man who organized the parade, said "it is not the media that got you your freedom today," and not ministers either. "It is the veterans who have paid the price," he said.

Helping with an extreme makeover

Published in the Current

SCARBOROUGH (Nov 17, 2005): When Weird Al Yankovic showed up in Wells on a television production site, Rhonda Finley of Scarborough was home, asleep.

“I always was at home on a power nap when good stuff happened,” Finley said upon seeing Yankovic’s accordion performance on “Extreme Makeover: Home Edition” Sunday evening on ABC.

Finley and her friends Mary Nablo and Laura Roche were volunteer coordinators during the filming of the program, which gave a Wells lobsterman a new home in a week, as part of a national hit television program that visits deserving families to tear down their old houses and build new, state-of-the-art homes.

The trio, and many other contractors, workers and volunteers, watched the program’s Sunday broadcast at the Thomas Room in South Portland at a party thrown by the lead company, Katahdin Homes.

Nablo, Roche and Finley worked at a volunteer check-in desk at a parking lot near the construction site at the home of the family of Doug Goodale, a lobsterman who lost his arm in a freak accident in 1997 aboard his lobster boat. Goodale was treated at Maine Medical Center by Dr. Donald Endrizzi, a Scarborough resident.

The three had been recruited by their friend Karen Gaydos, formerly of Scarborough and now of Saco. Gaydos’s father is a friend of Katahdin Homes president David Gordon, and was helping with logistics, Finley said.

As contractors and other volunteers arrived at the site, Nablo, Roche and Finley worked in shifts to sign them in, get them hard hats and send them up to the home site, where Hollis resident Susan Dow met them and put them to work.

“We had a schedule that was modified pretty much hour to hour” of the number of people needed, Nablo said.

The trio – and Dow, who joined them at Sunday’s party – recognized lots of people on the TV program, as well as in a “behind-the-scenes” show broadcast on the Portland ABC channel an hour before the national broadcast of the “Extreme Makeover” show.

“There’s Angie,” one said. “There’s Emily,” said another. “I remember him,” they said as a paint-stained man spoke briefly to a camera.

In one shot of the work area, they recognized a place they drove through often. “Our cars are going to come right up there,” Finley said.

Finley was featured prominently, if you knew where to look. She was in most of the shots of the family reacting to the “reveal,” their first glimpse of their new house, standing near the major contractors on the project and the show’s stars. Nablo was on the show briefly, in a passing shot. Roche knew she would not be on TV, as she rarely saw cameras.

Their work was exhausting. Roche said she tried to help out and be a full-time mom to her four children. As a result, she volunteered at the work site all night and was up during the day with her family, getting no sleep “for about five days.”

Finley said some volunteers were surprised they were not going to be helping with the actual construction, expecting the work to be more like a Habitat for Humanity project, in which everyone pitches in on nearly every task.

On the show, however, because the new house has to be built well in five days, there is no time to teach people construction skills along the way, Finley said.

So people sewed, carried items, and did other odd jobs that needed doing, and were spotted from various angles in the television broadcast.

“We sat on that bus,” Finley said during the opening sequence of the show, in which the show’s stars drive to the work site in a custom charter bus.

When landscape designer Eduardo Xol was interviewed on-camera near a stack of lobster traps, the three recognized the spot where they parked their cars for a couple days early in the project.

There were other, emotional ties. “I’ve never not cried watching this show,” Finley said.

And there was laughter, as they recalled a trip away from the work site to pick up some supplies.

“We had 12 minutes to get to Home Depot, to Biddeford, from Wells,” Nablo said. They were going about 80 mph through heavy fog on the highway, carrying the walkie-talkies they had been issued, when they got a phone call from Gaydos, wondering where they were and why no one was answering the calls on the walkie-talkies.

The crazy situation and the ridiculous pressure came out in peals of laughter as the women told the story, taking turns as each needed to laugh or breathe.

They arrived at Home Depot, having called ahead. “We walk in the door and they act like we’re like gods,” Finley said.

They could not do everything, though. The night before the final day, Nablo was told the production crew wanted 300 people at Wells Harbor in the morning, to watch Goodale receive a new lobster boat as part of the show.

Nablo decided that she would not be able to help: “I don’t know 300 people in Wells,” she said.

The show has had lasting effects, beyond the trio’s willingness to help again – “maybe in a year,” Roche said. Someone was recently fiddling with Finley’s cell phone, looking at the names in the address book, and asked, “Who is Greg the welder?”

It took her half an hour to remember that she had once needed to get in touch with a man to weld a barre for a dance studio in the basement of the new home. She had entered his number into her phone in a rushed moment amid the frenzy, and forgotten about it.

“It seems like a lifetime ago,” Finley said.