Ex-lawmaker's conviction for child sex crime upheld on appeal
An appeals court on Thursday upheld a former Democratic state legislator's conviction for a child sex crime.
Otoniel 'Tony' Navarrete was a state senator representing a west Phoenix legislative district when he was arrested in 2021 and charged with seven felonies for child sex crimes after allegedly molesting and forcing oral sex on two boys.
He resigned shortly after he was arrested.
Navarrete was tried twice. The first trial in October 2023 ended in a mistrial after jurors couldn't decide on a verdict.
Prosecutors tried Navarrete again in 2024, and jurors delivered a split verdict, convicting him of one count of sexual conduct with a minor. He was acquitted of another identical count and a count of molestation of a child. In April 2024, he was sentenced to one year in prison.
Navarrete asked the Arizona Court of Appeals to review his case for 'fundamental error.' But the three-judge panel unanimously concluded there were no errors and the conviction and sentence should stand.
'Navarette was present and represented by counsel at all critical stages of the proceeding, except when counsel waived his presence. The record reflects that the superior court afforded Navarette all his constitutional and statutory rights, and that the proceedings were conducted in accordance with the Arizona Rules of Criminal Procedure,' Judge David Weinzweig wrote on behalf of the appellate panel. 'The court conducted appropriate pretrial hearings, and the evidence presented at trial and summarized above was sufficient to support the jury's verdict. Navarette's sentence is also within the range prescribed by law. We find no error on this record.'
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USA Today
12 minutes ago
- USA Today
National map battle
Good morning!🙋🏼♀️ I'm Nicole Fallert. "Can't even outdress my Labubu." Texas Republicans approve Trump-backed congressional map A new Texas state congressional map heads to the state Senate after the House passed the measure intended to flip five Democratic-held U.S. House seats up for grabs in the 2026 elections. Why this matters: This is a rare mid-decade redistricting to help President Donald Trump improve the GOP's odds of holding a narrow U.S. House of Representatives majority. Dozens of Democratic lawmakers temporarily delayed the bill's passage by staging a two-week walkout. What's causing a deadly outbreak in NYC? Civil rights attorney Ben Crump has filed lawsuits against two construction companies over what he called a "completely preventable" outbreak of Legionnaires' disease that has killed five people and sickened more than 100 others in New York City. An outbreak of the disease, which began July 25, has been clustered across five ZIP codes in Central Harlem. The city health department said the outbreak is linked to cooling towers, heat exchangers that use fans and water to cool down buildings. Construction companies and the city are accused of negligence when the towers filled with storm waters that bred bacteria. More news to know now What's the weather today? Check your local forecast here. Outer Banks brace for Hurricane Erin Hurricane Erin's higher tides and big waves are battering much of the East Coast. Beachfront property owners are bracing Thursday for the worst amid predictions of a storm surge of up to 4 feet and significant coastal erosion. Powerful waves of 15 to 20 feet are expected to slam beaches, especially in North Carolina, for 48 hours or more as the hurricane crawls northward offshore through at least Thursday. Late yesterday, the National Weather Service said about 7.7 million people were under coastal flood warnings and nearly 32 million were under coastal flood advisories along the East Coast. Erin is expected to stay hundreds of miles offshore, but impacts are forecast to worsen as it makes its closest approach to the U.S. mainland. Painting the southern border wall black The Trump administration is painting the U.S.-Mexico border fence black to make the steel so hot migrants won't climb it. Homeland Security Secretary Kristi Noem unveiled the plans Wednesday in Santa Teresa, New Mexico, while workers ran paint rollers up the steel bollards behind her. When asked about the possibility that critics might call the heat-inducing paint job cruel, Noem said: "Don't touch it." As USA TODAY has previously reported, hundreds of miles of 30-foot barrier at the border already pose a deadly threat to migrants who attempt to scale the fence. El Paso Times, part of the USA TODAY Network, captured these photos of the steel border wall painted black. Today's talkers 🏈 Path to Playoff: Sign up here for USA TODAY's new college football newsletter. Sara Errani and Andrea Vavassori are doubles trouble The U.S. Open mixed doubles competition, largely an afterthought in the past, debuted a revamped format this week and energized crowds at Arthur Ashe Stadium in New York. In part, that's thanks to a star-studded, 16-team field that included names like Novak Djokovic, Emma Raducanu and Carlos Alcaraz. Not to mention some riveting tennis: In the final Wednesday night, defending champions Sara Errani and Andrea Vavassori outlasted Iga Swiatek and Casper Ruud 6-3, 5-7, 10-6. The Italian duo proved mixed doubles players can hold their ground against the world's best singles players. See photos of the biggest stars in the reimagined mixed doubles competition. Photo of the day: Goal for Gotham! Defending champion Gotham FC kicked off the 2025-26 Concacaf W Champions Cup with a 2-1 victory against Monterrey on Wednesday. The winner of the competition will qualify for both the 2027 FIFA Women's Champions Cup and the inaugural FIFA Women's Club World Cup in 2028. Follow with Studio IX, USA TODAY's women's sports hub. Nicole Fallert is a newsletter writer at USA TODAY, sign up for the email here. Want to send Nicole a note? Shoot her an email at NFallert@


The Hill
12 minutes ago
- The Hill
Texas fires starting shot in redistricting war
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Israeli Prime Minister Benjamin Netanyahu appeared to be pushing ahead with a new phase of the war despite international opposition — and in the face of a renewed push for a ceasefire with Hamas. During an interview that aired Tuesday with conservative talk show host Mark Levin, Trump described Netanyahu as a 'good man.' 'He's a war hero, because we work together. He's a war hero,' Trump said. 'I guess I am too.' Meanwhile, Israel launched a series of diplomatic attacks against several of its Western allies — including Australia and France — as they prepare to recognize a Palestinian state next month. The tensions are a sign of the growing gulf between Netanyahu and his Western allies. He is facing increased criticism of Israel's war in Gaza, which has destroyed much of the territory and led to a humanitarian crisis. PEACE IN UKRAINE: Russia signaled that Moscow intends to slow-walk any peace deal with Ukraine, showing some daylight between the Kremlin and Trump's intentions to end the war. Russian officials have expressed doubt about some early prospects of a peace deal, parts of which are also being backed by a contingent of European leaders. Russian Foreign Minister Sergey Lavrov patted down any progress made at a summit at the White House earlier this week where Trump met with seven European leaders as well as Ukrainian President Volodymyr Zelensky, calling it a 'clumsy attempt' by Europe to try to change Trump's mind. Lavrov also said any discussions of security guarantees — something Trump said Russian President Vladimir Putin suggested during their meeting in Alaska last week — would lead to a 'road to nowhere' if Moscow isn't involved. The tone from the Russians is cause for concern in light of what Europe, Trump and Zelensky say is the first opportunity since the war began to bring an end to the bloodshed. Secretary of State Marco Rubio has been tasked with the heavy lift: Meeting today with his European counterparts in an effort to advance a peace process that so far has gotten little traction. The White House is eyeing Budapest for peace talks with Zelensky and Putin, but Moscow is expressing little appetite and logistical challenges mount. ▪ The Washington Post: The limits of Trump's diplomacy are becoming clear as Moscow balks at his peace plan. ▪ The New York Times: What Russia is doing to grab Ukrainian land while it still can. ▪ Bloomberg News: Former Sen. Kay Bailey Hutchison (R-Texas), a former U.S. ambassador to NATO, advocated that the U.S. set a strong red line with Putin and join the coalition of the willing in a security guarantee to back Ukraine for any peace deal. Opinion The Texas gerrymander freakout, by The Washington Post editorial board. Weaponizing the housing regulator, by The Wall Street Journal editorial board. The Closer And finally … 🕊️It's Thursday, which means it's time for this week's Morning Report Quiz! Inspired by Trump's meetings with Putin and Zelensky, we're eager for some smart guesses about presidents and treaties. Be sure to email your responses to asimendinger@ and kkarisch@ — please add 'Quiz' to your subject line. Winners who submit correct answers will enjoy some richly deserved newsletter fame on Friday. The Camp David Accords, signed between Israel and Egypt, marked the first peace treaty between Israel and an Arab nation. Which president presided? 1. Bill Clinton 2. Jimmy Carter 3. Gerald Ford 4. George H. W. Bush In 1919, President Woodrow Wilson personally delivered a treaty to the Senate, which had not occurred since 1789. Which treaty was it? 1. The Treaty of Versailles 2. The Treaty of Paris 3. The Peace of Westphalia 4. The Treaty of Neuilly-sur-Seine Which president signed and ratified the North Atlantic Treaty, which forms the legal basis for NATO? 1. Franklin D. Roosevelt 2. Calvin Coolidge 3. John F. Kennedy 4. Harry S Truman Under President Barack Obama, the United States signed this climate change treaty, from which Trump withdrew the United States. 1. The Vienna Agreement 2. The Kyoto Protocol 3. The Montreal Protocol 4. The Paris Agreement


Politico
15 minutes ago
- Politico
Cliffside Park's mayor, a notorious developer and a high-rise
Good Thursday morning! We did not get a decision yesterday on Alina Habba's tenure despite Judge Matthew Brann's plan — but not guarantee — to issue it by Wednesday. Or at least not by the time I put this newsletter to bed. So hopefully we'll see it today. But while we were waiting for it, Ry Rivard came across a fascinating lawsuit in Cliffside Park. The mayor there, Thomas Calabrese, has a big house on top of the cliffs with a spectacular view of the Manhattan skyline. But that view is being threatened by a rising tower in Edgewater by disgraced developer Fred Daibes — the one in prison for bribing Bob Menendez. Some other residents' views are imperiled as well. Cliffside Park sued to halt the project, saying it's taller than its plans called for and exceeds Edgewater's own 150-foot height limit. And among those it sued was Edgewater's former construction official, who at least as of January was Cliffside Park's construction code official. Awkward! Less than two weeks later, the mayor joined in the lawsuit, hiring Port Authority Chair Kevin O'Toole's law firm to represent him. More on that in the local section below. FEEDBACK? Reach me at mfriedman@ WHERE'S MURPHY? Harry Hurley in the Morning at 9:35 a.m. to talk about the effects of Hurricane Erin and its rip currents, then PIX11 at 9:45 a.m. to talk about the same thing. At 4 p.m., he'll be on News 12's 'Ask Governor Murphy.' This is a wild guess, but I predict he'll say something about the hurricane and rip currents. QUOTE OF THE DAY: 'When I go into our major urban centers, I ask the Ronald Reagan question, which is timeless. And I ask it particularly of the Black and brown communities that Murphy promised everything to eight years ago: Are you better off today than you were eight years ago? I mean, who can possibly answer that question 'yes'? Look where we are today, right? But again, don't worry about it. You can go home and smoke cannabis and everybody's gonna feel just fine. That's Phil Murphy's New Jersey.' — Jack Ciattarelli on the Anne Baker show on WOND Wednesday HAPPY BIRTHDAY — Joan Voss, Barbara Plumeri WHAT TRENTON MADE POLL POSITION — Democratic gubernatorial nominee Mikie Sherrill leads Republican Jack Ciattarelli by 9 points, 44 percent to 35 percent, according to a Rutgers-Eagleton poll released this morning. That's much less than the 20 points she led Ciattarelli by in an early July survey by the same pollster, but the comparison isn't exactly apples-to-apples. This is a likely voter sample, and the previous poll's sample was just registered voters. Still, it suggests a tightening race. 'Sherrill still has the edge, but the important thing to take away here is that the race is competitive and will continue to be in flux, in large part because there are still a notable number of undecideds,' she said. Some takeaways: Democrats and Republicans are squarely in their candidates' camps, at 85 percent of Democrats for Sherrill and 81 percent of Republicans for Ciattarelli. But independents are basically evenly split, at 33 percent for Sherrill, 32 percent for Ciattarelli and 29 percent unsure. Ciattarelli narrowly leads with white voters, 44 percent to 38 percent. But Sherrill has much larger margins in her favor with Black voters, 69 percent to 4 percent, Hispanic voters, 56 percent to 22 percent, and Asian voters, 47 percent to 18 percent. Sherrill leads big with women, 45 percent to 30 percent. Men are basically split, at 44 percent for Sherrill and 41 percent for Ciattarelli. Sherrill leads among all age groups except Gen Xers between 50 and 64, who give Ciattarelli a narrow lead. She leads by 17 points among those with college degrees, while Ciattarelli leads by 11 points among those without them. The poll of 1,650 likely voters was conducted from July 31 to Aug. 11 and has a margin of error of plus or minus 3.7 percentage points. Read the whole thing here. STATE HEALTH BENEFITS PANIC — State proposals to trim health care for state workers achieves hundreds of millions in savings, actuary says, by POLITICO's Daniel Han: The Murphy administration's proposals to trim health care benefits for state employees would save hundreds of millions of dollars, consultants for the state have concluded. The findings from Aon, the state actuary to the state-run health plan, come as the state and labor unions are tasked with finding $200 million in annual savings for the state employee health plan. The findings from Aon put labor unions in a bind, since the actuary also said they could not calculate how much labor's proposals would save — effectively sidelining their ideas for now … Under the budget deal, a proposal would be eliminated from consideration if Aon could not determine how much it would save. Most proposals from labor unions fell into that category — and they aren't happy about it. BORED OF PUBLIC FUTILITIES — Sherrill vows to freeze utility rates, by POLITICO's Madison Fernandez: As skyrocketing energy costs continue to be a political liability for New Jersey Democrats, Rep. Mikie Sherrill is vowing to declare a state of emergency and freeze utility rates should she become governor. Sherrill, the Democratic nominee, would be the first New Jersey governor to try the move. But she insists she would have the authority to impose a freeze. 'If we are going to truly address the moment and meet the needs of New Jerseyans, we have got to act quickly to do so, and we've got to think of new ways of expanding state power to do just that,' she said. The announcement — one part of an energy policy plan Sherrill unveiled on Wednesday — comes as New Jersey Democrats worry higher electricity rates that took effect earlier this summer will leave a bitter taste in voters' mouths heading into the November election … Sherrill and other Democrats say the utility companies and the regional grid operator, PJM Interconnection LLC, are responsible — along with President Donald Trump. And Sherrill, who has been attempting to portray herself as independent of Gov. Phil Murphy, said the 'administration in Trenton' has 'kicked the can down the road' in the energy policy THE QUAD CITY DJS NEED TO APOLOGIZE FOR URGING PEOPLE TO RIDE THE TRAIN — 'NJ Transit is NYC's least reliable commuter rail — By a long shot,' by Bloomberg's Aaron Gordon, Surya Mattu and Marie Patino: 'New Jersey Transit, the commuter rail serving New York City for the state, has a reputation for frustrating delays and frequent cancellations. An analysis of real-time train data shows that it is less reliable than its New York and Connecticut counterparts — Metro-North and the Long Island Rail Road (LIRR) — and riders face significant service disruptions at six times the rate of other commuters. About one in every 18 NJ Transit trains was delayed by at least 15 minutes or canceled completely in May, June and July … Commuters on the other two New York City-area railroads, which don't rely on Amtrak's infrastructure or an aging fleet, mostly got to their destinations as scheduled.' —'Hudson rail tunnel project gets key labor deal approved, over one contractor's objection' —'N.J. Gov. Phil Murphy announces expanded transportation options for South Jersey' WHEN YOU DON'T WANT ANGER THE BUILDING TRADES OR PROGRESSIVES — 'Sherrill: $10.7B Turnpike project should be 'more innovative,' but Phase 1 is a must,' by Hudson County View's John Heinis: 'U.S. Rep. Mikie Sherrill (D-11), the Democratic nominee for governor, stated that while she believes the $10.7 billion New Jersey Turnpike extension project can be 'more innovative,' she is focused on seeing Phase I completed first … 'Now, we've got to move forward, especially on that first part of it because that is the bridge portion and that bridge has an 'F' rating, right now you often see the shoulder used as a lane, that emergency vehicles cannot get on the bridge, it's very dangerous, so we need that update, but I think there are many good ideas about how we can be more innovative in this project and as governor I'm gonna demand those …' When asked if she would consider an amended plan that would scale back the project a bit, the congresswoman reiterated that the first priority is to get Phase I completed.' I WILL NOT MAKE JOKE ABOUT THIS — 'The New Jersey NAACP is defending George Norcross and his allies in the racketeering case. Camden activists are concerned,' by WHYY's P. Kenneth Burns: 'The NAACP New Jersey State Conference's participation in an amicus brief on behalf of South Jersey Democratic power broker George E. Norcross III is not landing well with some Camden activists. 'I was appalled,' said Keith Benson Sr., a community activist who has been involved with the NAACP since the early 1990s, adding that the state NAACP's participation in the brief violates the organization's protocols. 'Richard [T.] Smith, the [state conference] president, cannot speak for the NAACP without having to express written consent of the executive committee,' Benson said. 'For him to do that is ridiculous and for him to do that for a man who's indicted, and indicted for good reason, is appalling.' … Gregg Zeff, legal redress chair of the New Jersey NAACP State Conference, said the organization has 'long stepped in where they felt that somebody was wrongly arrested or charged with a crime.'' —'After anti-Semitic rant, Montclair NAACP leader is back' —'It's easier now to track data on NJ police conduct, except deadly encounters' —'No phone passcode privacy expectation in police station, NJ appeals court rules' —'What's the real deal with NJ's credit rating?' TRUMP ERA SENATE REPUBLICANS CONSENT TO TRUMP REMOVING 'CONSENT' FROM 'ADVICE AND CONSENT' — Trump bypasses the Senate — and the courts — to install loyal US attorneys, by POLITICO's Eric Orden: Around the country, President Donald Trump is circumventing the Senate to install top federal prosecutors, using loopholes to keep loyalists in place. In U.S. attorney's offices in Los Angeles, Nevada, New Jersey, New Mexico and upstate New York, the administration has effectively sidestepped or overridden both the Senate confirmation and judicial appointment processes for selecting U.S. Trump's nominees can't get confirmed by the Senate, as required by federal law, the administration installs them on a temporary basis as 'interim' U.S. attorneys, who are legally allowed to serve for 120 days. And when district judges have then rejected Trump's choices by exercising a 160-year-old power allowing them to appoint someone to the office after an interim U.S. attorney's term ends, the administration has in a few cases taken an extraordinary step: voiding the judges' decision and reinstalling Trump's desired prosecutor as an 'acting' U.S. attorney, who can serve for an additional 210 days beyond the initial 120-day interim period … Though the law doesn't explicitly forbid the Trump administration's approach of appointing people to successive temporary stints, 'the intent [of the law] was always for Senate confirmation,' said Jennifer Selin, a professor at Arizona State University law school. NO SANCTS — 'Hoboken won't 'bend its knee' to Trump admin demand on sanctuary policy, mayor says,' by New Jersey Monitor's Sophie Nieto-Munoz: 'Hoboken is rejecting a call by the Trump administration to rescind its sanctuary policy for undocumented immigrants, saying the White House's position on this is 'egregious' and 'distressing.' The move comes a week after U.S. Attorney General Pam Bondi told states, counties, and towns nationwide that their sanctuary policies 'thwart federal immigration enforcement' and threatened officials with criminal charges if they obstruct those efforts. The letter came amid a push by President Donald Trump to detain and deport millions of undocumented immigrants. 'As the nation witnesses the tearing apart of families, inhumane treatment of human beings, and unlawful detention of children, Hoboken will not bend its knee in response to the lawlessness of federal immigration authorities,' Hoboken Mayor Ravi Bhalla wrote Tuesday in response to the Aug. 13 letter from Bondi.' —'Solomon slams 'corrupt' Bondi for attacking Jersey City's sanctuary city status' ' —'Trump blames N.J. energy price hikes on windmills — but gets one very important fact wrong' —'Embattled Washington Township School Superintendent Eric Hibbs returns with little fanfare' LOCAL LATOURTURE — 'New Jersey's top environmental official shouted down at tense Trenton meeting on water reform,' by The Jersey Vindicator's Jeff Pillets: 'New Jersey's top environmental official, Shawn LaTourette, appeared before the Trenton City Council on Monday night to plead for reform of the city's water system, which experts say is teetering on collapse. His two-hour appearance before a boisterous public audience at City Hall quickly became a chaotic forum for recrimination, racial animosity, and personal attacks on LaTourette, an environmental attorney who has led the state Department of Environmental Protection since 2021. 'This is personal for me,' said Councilwoman Teska Frisby, glaring at LaTourette as she ticked off the names of African American personnel who operate the city's water plant. 'People always think Trenton needs to have someone come in on a white horse to save us,' Frisby said. 'But you have beautiful Black people in here right now. Why not empower us to maintain the plant?' LaTourette's response was drowned out by whoops and catcalls from an audience of about 100 people, including more than a dozen employees of the Trenton Water Works … 'Madam, I am a professor of environmental justice,' shot back LaTourette, … 'If you are used to seeing enemies everywhere, you can never see your friends.'' CLIFFSIDE PARK — Town successfully sues to halt high-rise that imperiled mayor's view, by POLITICO's Ry Rivard and Matt Friedman: A judge has temporarily halted construction of an imprisoned developer's hotel and condo project in Edgewater after the neighboring borough of Cliffside Park sued, suggesting corruption and complaining it will illegally block what residents described as 'magnificent, incomparable' views of the New York City skyline — including the borough's mayor. Cliffside Park Mayor Thomas Calabrese's palatial home sits atop a cliff just above the 350-unit construction project, which has begun to encroach on his view across the Hudson River. A judge has now ordered construction paused on the project, one of many Edgewater apartment complexes backed by Fred Daibes, who is serving seven years in federal prison after being convicted in a separate case of bribing former Sen. Bob Menendez. The lawsuit is remarkable for its prominent cast of characters and accusations of corruption lobbed by Cliffside Park against its neighboring Bergen County town. Among the people the town is suing: Edgewater's former construction official John Candelmo, whom Cliffside Park also employs as a construction code official, according to municipal documents. Edgewater approved the Daibes project seven years ago. But in recent weeks, as construction proceeded on the upper floors and roof, the two towns have debated how to measure the building's height because of accusations that developers never received a variance to rise above Edgewater's typical 150-foot limit. —'Trenton City continues to fight NJ over troubled water utility' TO PAY FOR A NEW BRIDGE? — '[Old Bridge] property taxes soar as school district struggles with 'nothing left' in reserves,' by NJ Advance Media's Nyah Marshall: 'Old Bridge homeowners are facing nearly a 10% increase in their property tax bills this year, and township officials say the schools are largely to blame. The Township Council held a meeting Aug. 12 after fielding weeks of calls and letters from residents upset over the spike … The largest factor, officials said, was the school tax levy, which jumped 13.87% and added more than $728 to the average bill. Mayor Debbie Walker said the township has been unfairly blamed for the increase, even though it only controls the municipal tax rate — which rose just 1.58% this year compared to the school district's double-digit hike … But Old Bridge Public School officials say they've been forced into difficult decisions of their own — weighing steep tax hikes against deep cuts to programs and services. Before approving their $185 million budget for the 2025-26 school year in May, school officials warned they were staring at an $18 million deficit fueled by state aid reductions' AC DC — 'Jersey Shore 'Batman' faces assault charges after boardwalk fight,' by NJ Advance Media's Eric Conklin: 'A street performer in Atlantic City known as 'AC Batman' was arrested over the weekend after he allegedly used pepper spray on another man during a fight, according to police. The self-made performer, a 34-year-old Atlantic City resident, was arrested Sunday following the fight, city police said in a statement to NJ Advance Media. His arrest was filmed and shared on social media, showing him appearing to be in handcuffs on the Atlantic City Boardwalk.' — 'Water main break near Paterson's Great Falls repaired, but boil water advisory remains' —'Atlantic City Council to introduce ordinance renaming City Hall after late Ernest Coursey' —'These public sessions are 'weird, quirky' and they're getting people talking in Hunterdon' EVERYTHING ELSE 3.4 SPILLERS — ''Happy Gilmore 2' spent a record $152.5 million to film in NJ, according to state data,' by The Record's Kyle Morel: ''Happy Gilmore 2' broke a spending record for filming in New Jersey over a period of more than two months, state officials said. The Adam Sandler-led movie spent $152.5 million during 64 days of filming in the Garden State, according to the New Jersey Motion Picture and Television Commission. The total is the most of any production filmed in the state since 2018, when Gov. Phil Murphy reinstated the Film and Digital Media Tax Credit Program.' —''Born to Run' turns 50. What the Bruce Springsteen song has meant to fans' —'PATCO suspending weekday overnight trains for six months starting in September' —'Flights through Newark Airport to be reduced until 2026. What will it mean for travelers?' —'Jersey Shore could see its biggest waves in years crashing from Hurricane Erin' —'As Ukraine's fate hangs in balance, a war refugee with Parkinson's finds healing in NJ' NOTE: In my quote of the day on Wednesday, I forgot to include this link to the article that featured the recording