Latest news with #Batchelder
Reuters
24-04-2025
- Politics
- Reuters
US Sentencing Commission's expansion of compassionate release was invalid 'power grab,' court rules
A gavel sits on the chairman's dais in the U.S. House Judiciary Committee hearing room on Capitol Hill in Washington, U.S., June 14, 2019. REUTERS/Jonathan Ernst/File Photo Purchase Licensing Rights, opens new tab April 23 (Reuters) - A divided federal appeals court ruled that a policy adopted in 2023 by the U.S. Sentencing Commission which allowed judges to deem changes in law as "extraordinary and compelling" reasons justifying granting inmates early release from prison, is invalid and amounts to a "heavy-handed and unseemly power grab." A 2-1 panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals on Tuesday rejected bids, opens new tab by three inmates serving lengthy prison sentences to be released early based on the commission's new policy, citing the U.S. Supreme Court's landmark ruling in June curbing agencies' regulatory power. Jumpstart your morning with the latest legal news delivered straight to your inbox from The Daily Docket newsletter. Sign up here. That decision by the Supreme Court's 6-3 conservative majority scrapped a 40-year-old legal doctrine known as "Chevron deference" that had required courts to defer to federal agencies' interpretations of the laws they administer when those statutes are ambiguous. U.S. Circuit Judge Alice Batchelder said under that decision, courts no longer need to defer to policy statements from the U.S. Sentencing Commission, a judicial-branch agency charged with crafting sentencing guidelines, just because a statute is ambiguous. She said the commission's policy statement contradicted the text of the statute governing compassionate release and the 6th Circuit's earlier 2022 interpretation of it holding that a non-retroactive change in the law is not an "extraordinary and compelling reason' for a sentence reduction. "We conclude that the Commission overstepped its authority and issued a policy statement that is plainly unreasonable under the statute and in conflict with the separation of powers," Batchelder wrote. As a result, the court rejected arguments by inmates Jason Bricker, Ellis McHenry and Lois Orta that they were deserving of a compassionate release under the commission's policy as they were all serving sentences that were much longer than what they would have received today for the same offense. Bricker, for example, was serving a 24-1/2 year sentence for a 2005 armed bank robbery, but if re-sentenced today would face a sentencing guidelines range of 70 to 87 months. Tuesday's decision reversed a judge's decision to reduce his sentence. Batchelder's opinion was joined by U.S. Circuit Judge Chad Readler, a fellow appointee of a Republican president. U.S. Circuit Judge Jane Stranch, an appointee of Democratic President Barack Obama, dissented, saying the majority misconstrued the end of Chevron deference to reach its conclusion. A spokesperson for the Sentencing Commission declined to comment. Lawyers for the inmates did not respond to requests for comment. Two of the inmates had sought early release based on changes in law contained in the First Step Act, a bipartisan measure that Republican President Donald Trump signed into law in his first term in 2018 that reformed stricter sentencing laws. The U.S. Sentencing Commission lost its quorum shortly after the law's enactment, preventing it for three years from updating sentencing guidelines to implement the law, including provisions to provide greater opportunities for inmates to seek compassionate release. In the absence of any guidance from the panel, courts were left to decide for themselves what circumstances qualified as "extraordinary and compelling" that would warrant granting prisoners' requests for compassionate release, often leading to splits in the courts about how to interpret the law. The Sentencing Commission finally, under Democratic former President Joe Biden, regained a quorum and on a 4-3 vote in April 2023 approved a policy statement which said that changes in law could be considered "extraordinary and compelling" if a defendant serving at least 10 years had received an "unusually long sentence. The case is U.S. v. Bricker, 6th U.S. Circuit Court of Appeals, No. 24-3286. For the United States: Andrew Noll of the U.S. Department of Justice For Bricker: David O'Neil of Debevoise & Plimpton For McHenry: Christian Grostic of the Office of the Federal Defender, Southern District of Ohio For Orta: Alex Trieger of Kellogg, Hansen, Todd, Figel & Frederick Read more: US appeals court rejects sentencing panel's compassionate release policy US Supreme Court curbs federal agency powers, overturning 1984 precedent U.S. panel votes to expand compassionate release for prisoners U.S. Justice Department tells panel changes in law don't warrant cutting sentences Reporting by Nate Raymond in Boston Our Standards: The Thomson Reuters Trust Principles., opens new tab Nate Raymond Thomson Reuters Nate Raymond reports on the federal judiciary and litigation. He can be reached at
Yahoo
24-04-2025
- Yahoo
More than 100 construction equipment items, tools seized from home; Cumberland County man charged
CUMBERLAND COUNTY, Pa. (WHTM) — More than 100 suspected stolen construction tools and equipment were found during a search at a Cumberland County man's home last week, State Police say. The charging documents filed Tuesday by State Police out of Carlisle show that Dylan Batchelder, 23, of Newville, allegedly confessed to committing multiple burglaries where tools were stolen. When Batchelder's home was searched during an investigation of the C&S Country Store burglary in July 2022, Troopers say they found 'over 100 various construction tools and equipment' that were suspected to be stolen during multiple burglaries. Pennsylvania man allegedly stole $3.7 million from elderly woman and her estate The C&S County Store in Hopewell Township was allegedly burglarized by Batchelder in July 2022. Troopers say he stole a DeWalt Cordless Kit, a DeWalt Reciprocating Saw, a full tool bag, a DeWalt Laser Level and a cash register that had $50 in it. The stolen tools were worth $2,240. When Troopers arrived at the store after the theft was reported, they were shown that a window in the back of the store was partially open. There was surveillance video that captured the burglary. State Police said Batchelder was seen leaving out the side door of the store with the stolen items in his hands just minutes after he climbed over a fence. The charging documents show Troopers were then given a tip months later in the investigation that Batchelder was involved in the C&S County Store burglary. Troopers then went to try and find Batchelder at a residence provided in the tip, but they could not find him. There was a separate case in which Troopers were able to speak with Batchelder about at the station. He was also questioned about the burglary, but denied it and claimed that he buys his tools for his projects, State Police said. Eventually, State Police took Batchelder into custody April 14 on an arrest warrant for a drug case, and while at the home, Troopers say they saw the stolen items. Batchelder then allegedly confessed to multiple burglaries, including the C&S County Store one. Troopers say the stolen tools were mainly DeWalt and Milwaukee brands. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Batchelder faces two felony charges of theft and burglary. He also faces a misdemeanor charge of loitering and prowling at night time. He is currently in Cumberland County Prison with bail set at $50,000 by Magisterial District Judge Bryan Ruth. A preliminary hearing is scheduled for April 30. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
New York Times
23-03-2025
- General
- New York Times
After the L.A. Wildfires, a Race to Save the Tiles, and the Soul, of Altadena
Amid the ash, warped metal and husks of cars, the chimneys appear eerily uniform, each like a tombstone for a burned-down house. In many cases, they are all that is left of the thousands of homes consumed by the Los Angeles wildfires. Fred Van der Linde said his fireplace 'was the only thing that was standing' after the Eaton fire incinerated his century-old home in Altadena in January. Remarkably, its patchwork of historic clay tiles depicting tulips, pomegranate blossoms and medieval knights in shining armor also remained intact. 'My first thought was: I want to try to salvage it,' he said. Mr. Van der Linde's fireplace is among several dozen that were left standing with their historic tiles more or less intact after the Eaton fire tore through Altadena, an unincorporated community in the foothills of the San Gabriel Mountains north of Los Angeles, on Jan. 7, killing 17 people and destroying more than 9,400 homes, businesses and other buildings. Now, a group of neighbors, masons and other volunteers are racing to salvage the tiles — many of which are at least a century old, and can be worth thousands of dollars apiece — from burned-out homes before they are demolished or stolen. The tiles, many of which were handmade locally in the early 1900s, tether Altadena to its history and are part of the rich cultural and architectural legacy of Los Angeles. For some residents, the effort to rescue them has also become symbolic of the battle to save the community from predatory investors who, in the aftermath of the Eaton fire, have pressured some homeowners in the bucolic enclave to sell their land. 'We're in a battle for the soul of the place,' said Eric Garland, an Altadena resident and one of the people leading the salvaging effort, known as Save the Tiles. Altadena's founders, he said, were reacting to 'a surging modernity, very much like the present moment.' They envisioned a future grounded in the past and revered harmony with nature, Mr. Garland said. 'We know what built the place,' he said, 'and therefore, we know how to rebuild.' The clay tiles, many of which feature textured reliefs of mythic figures and nature motifs in muted, earthy tones, date from the Arts and Crafts movement. In 1910, Ernest A. Batchelder, an entrepreneur and pioneer of the movement, began firing tiles in his home kiln in Pasadena, which borders Altadena to the south. The tiles were often used to embellish fireplaces, which Mr. Batchelder viewed as the 'center of the home.' A majority of the tiles being salvaged are Batchelder tiles, Mr. Garland said. 'He was a genius, he was an artist, he was a public servant and he embodied the best of the California spirit,' said Rusty Areias, a former California state legislator who has installed Batchelder tiles throughout his home in Sacramento County. Mr. Areias, who is not involved in the salvage effort in Altadena, added, 'When you see that patchwork quilt of colors, you just go, 'Wow.'' Mr. Van der Linde, who was known among his neighbors for having one of the most well-tended homes on his block, said that when he and his wife returned to their property for the first time after the fire on Jan. 8, they placed their hands on the fireplace. 'When I touched it, it was still warm,' he said. Within days, looters began trying to chip off the Batchelder tiles. So Mr. Van der Linde called Eric Ramos, who owns an architectural salvage company in Los Angeles, to remove them. 'When we got there, he started crying,' Mr. Ramos said of Mr. Van der Linde. 'At that moment, I realized that I couldn't charge him anything.' In the weeks since, Mr. Ramos and other salvage experts have removed the tiles from more than 70 fireplaces in Altadena, Mr. Garland said. He believes there are several dozen more to go. The work is physically demanding. Though his back and hands ache, Mr. Ramos, who has continued to offer his services free, is racing to remove tiles from as many fireplaces as possible before cleanup crews bulldoze them. Each tile, Mr. Ramos said, can be worth anywhere from about $20 to thousands of dollars, depending on its origin and design. 'All that's left are the fireplaces,' Mr. Ramos said. 'I just felt like I had a calling.' Last month, dozens of volunteers spent a weekend helping to map the surviving fireplaces, Mr. Garland said. Volunteers are working to match those fireplaces with the property owners, so they can contact them to offer to remove the tiles. They have written dozens of letters, sent text messages and emails, and made phone calls, Mr. Garland said, but they are struggling to find them all. 'We are trying to reach more homeowners every day,' he said, 'but we are more urgently trying to beat those bulldozers.' After the tiles are salvaged, they are either returned to the owners or stored temporarily in warehouse space arranged by a donor who is assisting the group, Mr. Garland said. Conservators are also helping to clean and repair damaged tiles. The Los Angeles wildfires are now part of the story of these tiles, said Amy Green, one of the conservators. In some cases, the heat of the fire loosened mortar or burned off residue from tiles that were later salvaged, she said. Anytime she and her team glue a broken tile back together, they do so in a way that it can be disassembled. The goal is conservation, not restoration, Ms. Green said. 'We're never disguising the age of something, or hiding the patina of age,' she said. 'We are stabilizing.' The effort to salvage the tiles is a small part of a broader undertaking to rebuild in a way that honors the region's architectural heritage, said Adrian Scott Fine, the president of the Los Angeles Conservancy. 'Altadena had a very rich, distinctive, unique sense of place,' Mr. Fine said. 'How do you rebuild in a way that meets modern-day codes but still is representative of the look and feel, and the materiality and the scale, of what was there before?' Generations of Black and Latino families have cherished Altadena as an emblem of middle-class prosperity; a place where Angelenos could afford a single-family home. But many residents, mired in complex insurance claims, are now considering whether to rebuild or move on. Dozens of burned properties have been listed for sale, and homeowners have been flooded with all-cash offers for their land. In response, yard signs throughout Altadena declare that it is 'NOT FOR SALE!' There is a fear that an exodus would open the door to expensive new developments, forcing out longtime residents and forever changing the neighborhood's character. Felita Kealing, 61, has lived in the San Gabriel Valley her whole life. The wildfire burned down her home of 25 years in Altadena, but she said there was no doubt that she would rebuild. Though the hardwood floors, molding and other elements of her 1925 Spanish-style home could be reconstructed, she said, they will never have the same character as the original materials. Her tiles, though, were saved. 'Besides our family, or besides the lot,' she said, 'that's the only thing that really connects the old with the new.'
Yahoo
21-03-2025
- Politics
- Yahoo
Evictions for Middle-Class New Yorkers Rise—and Everything Else You Need to Know About This Week
In the news: Trump razes Washington, D.C.'s BLM Plaza, an L.A. community fights to save historic tiles from burned homes, artist Ming Fay's legacy lives on, and more. New York's eviction rates have dropped overall due to free legal aid for low-income tenants. But according to a new report, middle-income New Yorkers are now as likely to be be booted as those living in poverty, sparking calls for expanded protections. (Gothamist) Ming Fay, the artist famed for his whimsical subway mosaics and papier-mâché sculptures, has died at 82. Blending Chinese symbolism with urban backdrops, his work made nature impossible to ignore—even in the heart of the city. (The New York Times) Trump promised to use federal land to build affordable housing when he took office, and now, his administration has created a task force to determine the best sites. But only a fraction of them are near cities that actually need it most. (The Wall Street Journal) The White House celebrated the removal of BLM Plaza in D.C., calling it an "eyesore of a virtue signal." The site will be renamed Liberty Plaza, and Trump allies are framing the change as a rejection of "wokeness." (New York Post) In the wake of Los Angeles's Eaton Fire, a grassroots group in Altadena is racing against bulldozers to collect historic Batchelder tiles—salvaging remnants of the town's architectural history. (Dwell) Top image courtesy of
The Guardian
25-02-2025
- General
- The Guardian
LA races to save a vital piece of history – Batchelder tiles found amid wildfire ash
The mission is clear: retrieve the pristine tiles from a field of ash and rubble. With a hammer and chisel, Cliff Douglas taps on the perimeters of a decorative tile etched with the image of a peacock until it comes loose in his hands. 'We've got it,' said Cliff, a mason racing to save these historic tiles that once defined the architecture of Altadena homes – many of which were destroyed in January's wildfire. Amid the ruins, brick chimneys covered in iridescent Batchelder tiles are the only markers where homes once stood. These tiles are relics of the American Arts and Crafts movement, popular during the turn of the 20th century, when the artist Ernest Batchelder handcrafted the tiles from his backyard kiln. The tiles at the Christensen family's home on Altadena Drive survived a century and a wildfire when the rest of the house did not. To Cliff, known in inner circles as a tile historian, the Christensens' tiles are particularly special because of the unique glaze. Determined to salvage what remains, Cliff and a team of volunteers are working to remove, restore and return these tiles to their owners before the bulldozers move in to clear the debris from Altadena's burn zone. 'This is what the mission is all about,' said Cliff, cradling a tile. 'It's about getting this art out of the fireplace and back to where the owners can enjoy it again.' Days before the fire swept out of Eaton Canyon and took her home, Susan Christensen sat in the living room of her English Revival home watching the Rose Parade – a New Year's Day tradition – on the TV above her Batchelder-tiled fireplace. Now these same tiles are scattered on her front lawn as Cliff taps and chisels through the ruins of her home. Susan wants her fireplace back. Some day in new Altadena, the tiles may be the only throughline to the past. The goal is ambitious: rescue and restore tiles from as many houses as possible, said Darcy Douglas, Cliff's daughter and a member of the family masonry business based in South Pasadena. What started as a weekend tile rescue effort now permeates the Douglas family's life – including their backyard, where many rescued Batchelder tiles wait to be restored. In his downtime, Cliff pieces together broken tiles like jigsaw puzzles and retouches them with the tiniest paintbrush strokes. 'This is the merging of his passion and giving back,' said Janet Douglas about her husband. In January, Cliff was moved to tears as he watched footage of the fire devouring Altadena homes with Batchelder-tiled fireplaces he once restored. He wanted to offer free services to help homeowners save the tiles. He asked Darcy to spread the word. Naturally, she turned to social media. In another part of town, neighbors Eric Garland and Stanley Zucker had also noticed the pristine Batchelder tiles gleaming in leveled neighborhoods. They wondered: who had the expertise to save them? Then they saw Darcy's post offering Cliff's masonry services. Save the Tiles, an ad hoc organization to preserve Altadena's history, was born. It unites community members in a collective effort to rescue as many tiles as possible. 'I mean, posting my dad's phone number on Reddit is always questionable, but I'm glad I did it in the right one,' said Darcy. Since the mission started, the rescue crew has saved tiles from 15 homes, said Darcy. Crews are spread throughout the burn area. At a property on Beverly Way, Martin and Jorge Vargas, a father and son team that has worked with Cliff for 30 years gingerly removes a Batchelder tile emblazoned with an ornate bird standing in a flower field. 'You have to be really gentle,' said Jorge. For now, the rhythmic clicking of hammers and chisels are the only sounds that pierce the silence. No bulldozers have arrived yet, but the army corps of engineers has begun clearing fire-damaged properties of debris, making the tile rescue a race. The scale of the mission is daunting. More than 200 of these Batchelder-tile fireplaces have been identified in Altadena's burn zone, said Garland. Fewer than half of the owners have been contacted and have consented to the tile retrieval. 'We're terrified that this will be an exercise in failure by degree,' said Garland. The new tile rescue organization has many needs, including funds to support Cliff and his crews. They launched a fundraising site to support the rental of storage space and an artist studio for the restoration effort, said Zucker. Their command center is often just an open space on the job site. They also need boxes. 'In my car, we have tiles that are being stored in a burnt-out dishwasher rack because we are working so quickly that we didn't have enough cardboard boxes,' said Darcy. During the tile rescue mission, the homeowners should be present. 'It's a sacred pursuit,' said Garland. Mike Christensen sits on a low landscaping wall next to his wife Susan and watches the crew carefully extract their tiles. He can't stop smiling. He's witnessing the intersection of expertise and passion – both in Cliff and the artist behind the tiles. Starting in 1910, Ernest Batchelder fired his first tiles with a portable kiln in the backyard of his Pasadena home. The tiles' muted tones soon became sought after, and Batchelder's work helped popularize the Arts and Crafts movement in California. The durability of the tiles – to survive both a century and a wildfire – is a testament to Batchelder's craftsmanship, said Garland. His work is emblematic of the movement that gave rise to Altadena. It would be a shame to let the Batchelder legacy end here, said Mike. The rescue service is free for fire victims. If saving the tiles is not a priority, homeowners should allow the crew to save them. 'They're just worth preserving,' he said. For the Christensens, the worst part of losing their home is wrestling with the homesickness that lives in their bones. It's a yearning that constantly whispers. Before the fire, this block was a living piece of California's eclectic history. One home was built by a founder of American Express. Another was rumored to be once owned by the mobster Bugsy Siegel. Here, financial history intersects with mob lore. Mike gestures to a neighboring lot, where another Batchelder fireplace stands alone amid the rubble. Then to another in the distance. The tiles form an unbroken thread. 'We're putting the house back on the same footprint,' said Mike.
