Poet's blog

Giovangelo Case in Limbo

"Nolle Prosequi" granted in vehicular homicide case. 


By Jonathan Mayo

The Barnstable Court Report,  posted below, noted a Disposition in the case of Gina Giavangelo, who was accused of  running down a handicapped woman, Lillian White, last May in Barnstable.

"GIOVANGELO, Gina L, 18, 73 Vandermint Ln, Hyannis; motor vehicle homicide by negligence, leaving the scene of personal injury May 18 2010 in Barnstable.  Nolle prosequi"

"nolle prosequi (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped."

http://legal-dictionary.thefreedictionary.com/Nolle+prosequi

 Motion Denied the day before

This ruling stands in stark contrast to a story appearing just a day before in the Cape Cod Times.  Aaron Gouveia reported on 2/17/11,  as follows.

"BARNSTABLE – A Barnstable Superior Court judge rejected a motion to dismiss charges against Gina Giovangelo, who allegedly ran down and killed a woman in a wheelchair last year."

http://www.capecodonline.com/apps/pbcs.dll/articleAID=/20110217/NEWS11/110219770/0/news

Precursor to Superior Court?

Commenter Walker, below, remarked that perhaps the "nole prosequi" decision is a precursor to Superior Court. This may be, but we really don't know at this point.

It important to note that the Times Story indicates it's already in Superior Court.

He remarks that perhaps, "dismissed"  should  have appeared in the Court Report.  I think,  however that they are two differenent things.  "Dismissal" is by the judge,  "nole prosequi" by the prosecutor.

This post will be updated as more information emerges.

Horse-Drawn Carriage & More

Sunday sights along 6A!

by Jonathan Mayo

Horse-drawn carriage in Yarmouthport

Paradise Stables was offering "romantic carriage rides" to Grey's beach. The video below was taken by surprise,  so excuse the windshield. :)

For more infor mation visit Paradise Stable website @  http://www.paradisecarriages.net/

The animals of Long Pasture!

Check out these colorful and cuddly animals!

 

 

Visualize the thaw with this time-lapse.

The image below shows a transition at the pond near Long Pasture/Bone Hill in Cummaquid. The lighter image is from today, the bluer one from Christmas Day 2010. Rather than showing the deep freeze that ensued between those periods I thought it more encouraging to reverse them, so we get a feel for the ensuing thaw.  Though snow hasn't been  big deal, we've definitely felt the sting of cold. We look forward wistfully towards warmer days.

Thanks for visiting my blog!

 

Magnificent Shorebird on Bass River

Bird Enthusiasts can help!

by Jonathan Mayo

Last night's rain served to expose  some bare ground, a welcome prospect for cabin dwellers longing for  the outdoors.  The tributaries and marshes beside Bass River were still entombed within sheets of ice, which were buckling and breaking with the urgency of spring.  We too feel that urgency as we thaw and await warmer days.  I encountered a magnificent shorebird along Bass River, tentatively identified as a "Grebe" but I'll reserve judgement for the experts.  This little guy/gal has to be coolest bird on Bass River!

UPDATE- Commenter "Dingbat" correctly identified this as as a Red-Breasted Merganser. (see comments below)

Icebound near Bass River.

My battle with the dark side    ;)

 

 

 

Sights from the frozen cedar swamp.

Red Cedar swamp at Flax Pond shows winter charms.

by Jonathan Mayo

Yarmouth's Flax Pond feeds a red cedar swamp, which is especially accessible during the winter freeze.

This swamp sits parallel to North Main St.  If you visit, bring boots and a sense for adventure.

Someone made a teepee! Wow!

Attention wildlife experts! Maybe someone can tell me what animal makes these peculiar tracks.

Time-lapse snow video

My garden gets an overnight blanketing of snow.

By Jonathan Mayo

Well, the kids have a day off from school and so do I.  I feel thankful not to have to venture out just yet.

I spoke with friend in Connecticut, who is digging out from an 18 inch total snowfall. We were spared yet again, it seems.

I'd like to share some time-lapse footage from my garden as it fills up with snow and night falls. The picture below shows the transition between near-bare ground yesterday and this morning's view.

Stay warm, dry and safe!

New building takes shape at Flax Pond.

South Yarmouth site gets $850,000 makeover.

(A balanced view)

by Jonathan Mayo

A new building is taking shape at Flax Pond.  Last June, the Town of Yarmouth received the first round of grant reimbursements for capital spending projects at Flax Pond.  This $50,000 payment is part of a planned $500,000 total grant reimbursement for improvements,  including a new building,  new parking and an updated playground for small children.

 The Town initially budgeted $87,000 in 2009 to fund design plans through CDM, Inc.

www.cdm.com

 The Recreation Department was charged with raising the additional $850,000 through private donations. Yarmouth DPW director George Allaire was credited with working hard on this fund raising.

Community Visions, Inc., a non-profit started in 2004 by Yarmouth Recreation Commissioners,  is helping coordinate this and other efforts.

Grants are key to this project's viability.  $850,00o was needed to satisfy grant requirements. $500,000 of that will be ultimately reimbursed by this 'EEA PARC Grant' . These grants come from The Commonwealth's  "Executive Office of Energy and Environmental Affairs"

Pros 

I live about 1/2 mile from Flax Pond and I walk there regularly. I'm accustomed to its programs and seasonal activities.  The events offered for kids are just great.  There are  Halloween and Easter hunts, craft festivals by Americorps,  even Santa visits some years.   I can remember crafting in very cold temperatures with Americorps in those little shacks. The thought of a clean, heated area is definitely appealing by comparison.The new building would  afford dry shelter when inclement weather threatens events.

The Easter Bunny visits Flax Pond, 2008.

 

Another benefit is the idea of long-term capital planning.  We should all think about sustainable improvements in public areas. The new construction could offer many years of public benefit.

Also,  the town may derive revenue from renting newly renovated picnic areas and there is even plans to include catering fixtures in the new building. This could possible generate revenue through private events.

It's also nice to see that the pine grove overlooking Flax Pond is undisturbed. The landscape is decidedly  "Cape Cod" and that's a welcome sight.

 

December snowfall covers sand piles at Flax Pond.

 

Cons

Flax Pond is used primarily as a summer camp. I visit the area frequently in the winter and 99% of the time I am the only one there. This begs the question as to why we might need a fancy,  heated building at the site. I noted above that the off-season activities might improve with some warm shelter, but this might be three times through the off-season,  Halloween, Christmas and Easter. If the Town plans on heating this building through the winter it would be an unreasonable expense, since the area is largely empty all winter long.

As for renting picnic areas, there needs to be clear rules as to "fair use"  More than once, kids who try to go for an after-dinner swim in the summer are told to leave by picnic renters. Though renting the picnic area entitles one to exclusive use of the picnic area, it does not allow one to claim exclusive use of the beach. This happens frequently and needs to be addressed.

Regarding the grants, it is tempting to see this as "free money" The initial cost of $850,000 seems far less troublesome when we consider the 500,000 grant reimbursement. But we all fear the tax man, and that State Grant will be  have to be repaid through our taxes. There is no free lunch.

We might also think about what a summer camp is supposed to be.  Some feel that it shouldn't necessarily be all that fancy or sterilized, that maybe "roughing it" is all part of summer camp.  Perhaps the shacks could use some repairs and a few could be fitted with heat.  

Future Outlook

Perhaps the improvements will draw more winter visitors.  In theory, the site could be used for expanded activities in the off-season.  As grant funds may be dwindling in coming years, securing the funding now could prove critical.

Community Links

Flax Pond Website-   http://www.flaxpondyarmouth.org/

 To Donate-  "All donations to the renovation project will be directed to Community Visions, Inc.  Checks should be made payable to CVI and mailed to the Recreation Division at 424 Route 28, West Yarmouth, MA  02673."

PayPal donations.

https://www.paypal.com/us/cgi-bin/webscr?cmd=_flow&SESSION=sNvcDQJ5EbxAYtrxBjLMcF2m6qLPLqF7Bfrhh8spZY8dUCkviL5oMwq3XG0&dispatch=5885d80a13c0db1f8e263663d3faee8d9384d85353843a619606282818e091d0

 

 

State blocks Bass River access from Route 6 rest area.

By Jonathan Mayo

Several weeks ago, crews finished the removal of the old railroad bridge over Bass River.  A recent move, however,  seems at odds with local tradition and reasonable public access. A fence was erected blocking all access to Bass River from the turnoff at Route 6.

This small turnoff is part of  a  larger,  now defunct rest area.  For years pedestrians have been able to access Bass River from that turnoff.  Local fishermen frequently access the river from that spot.  State Troopers regularly access the area for bridge enforcement in the summer.  In the event of a medical emergency on Bass River, which isn't entirely inconceivable, it is critical that  emergency workers  be able to access the area from Route 6. 

Obviously we don't want just anybody to drive in.  Concrete barriers already in place assure that. But there needs to be a hole in the fence for pedestrians,  or God forbid a stretcher. It seems basic common sense.

The River was alive as I walked it today.  Bare earth is a most welcome sight,  and the chance to walk without slipping most beneficial. We seem alone in that luxury,  given the snowy status of the rest of New England.

Below are some shots from today.
Enjoy!

 

D-Y Bands-amazing performance

Videos by Jonathan Mayo

D-Y High School Band Director Alex Pendleton led a spectacular performance Thursday night. The evening showcased the talents of two Concert Bands,  periods G and F.  I'd like to share some video from the performance and offer thanks to Mr. Pendleton, the students, D-Y District Music teachers and D-Y administration for such excellence in our music programs. 

Enjoy!

100 mph on 6A?

See what it would be like!

Video by Jonathan Mayo

Every so often I get the urge to install the dash-cam and go for a ride. I chose the stretch of 6A between West Barnstable and the Dennis line, winding also through North Dennis Road,  past Crab Creek. It's kind of neat to kick back and wind through the villages and neighborhoods. 

One item of note- Several large trees along 6A appear tagged for removal. They are beloved, but some have truly outgrown their location.

I have offered two different soundtracks for this video. The first is for those who can dig a funky beat.(not for little kids, though)  The second should be used if you remember "Lost in Space" This is denoted as the "Metamucil Version"

Surely you couldn't navigate 6A at these speeds today,  so stay warm and enjoy a  brief distraction!

 

Funky Soundtrack

"Metamucil version"

 

Snowbound Scargo sunset

Visiting the lonely Tower in winter

Photos and Video by Jonathan Mayo.

The video below is from yesterday, 1/10/11

The second video, (arguably better) is from last May..

Thanks for stopping by.

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