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Saturday, August 20, 2011 – Daily News 9A Obituaries DANIEL HELBERG Dan passed away August 15, 2011 in Red Bluff. We will be having a Celebration of his Life on Saturday, August 20, 2011, at 12 noon, at the Woodson Bridge. All are welcome. MILDRED ELIZABETH FORD Mildred Elizabeth Ford, 88, of Red Bluff passed away on August 16, 2011. Mildred was born June 25, 1923 in Weedville, PA., she moved to Red Bluff eleven years ago from Rancho Tehama where she lived for 20 years. She also lived in Stanton, CA and Emporium, PA. Mildred enjoyed her crafts, photo albums, playing cards, STATE BRIEFING Court: Student can't sue teacher over creationism SAN FRANCISCO (AP) — A fed- eral appeals court on Friday ruled a high school history teacher who dispar- aged creationism can't be sued by a student who alleged the teacher violat- ed the First Amendment. and her secret sisters. She was a longtime member of the First Methodist Church, Ladies Auxiliary of the VFW, and the Pink Ladies of St. Elizabeth Hospital. Mildred is survived by sons Thomas C. Ford and wife Marcella of Santa Rosa, CA and Robert W. Ford and wife Jane of The Dalles, OR, daughter Donna L. Ford and her partner Pat Strain of Mabank, TX, and Donna Wentz and husband Donovan of Red Bluff, 8 grandchildren and 5 great grandchildren, brother Gerald Bilodeau of Bloom- field, CO, sisters Beverly Averill of Emporium, PA, Do- lores Lawrence of Corvallis, OR, and Emilie Anderson and husband Stan of Warren, PA. She is preceded in death by her parents Dolph and Nancy Bilodeau, 3 brothers and 3 sisters. A Memorial Service will be held on Tuesday, August 23, at 10:00am at the Community Center at the Rio Vista Mo- bile Estate in Red Bluff. Internment will be at the Newton Cemetary, Emporium, PA. The 9th U.S. Circuit Court of Appeals on Friday overturned a lower court ruling that said the Mission Viejo teacher's disparaging of creationism as ''religious, superstitious nonsense'' violated a ban of governmental hostili- ty toward religion. The appeals court refused to address the constitutionality of the comments. Instead, it said Capistrano Valley High School teacher James Corbett is pro- tected from such lawsuits because the instructor had a reasonable belief such comments were acceptable in an advanced placement European history class. Judge Raymond Fisher, writing for the unanimous three-judge panel, said that Corbett had no legal guidance on whether such a comment crossed the legal line because there has ''never been any prior reported case holding that a teacher violated the constitution under comparable circumstances.'' Robert Tyler, a lawyer with the FRANKIE CALENDER Frankie Calender, born Frankie Lurlyne Anderson in Jacksonville, FL. on September 14, 1947 to Frank and Florence Anderson passed into the Lord's hands August 17, 2011 in Corning, CA. She was predeceased by her fa- ther Frank. She is survived by her loving husband Glenn, mother Florence of West Green, GA., daughters Donna Waldron (Kevin) of Callahan, FL., Melissa Epperson (Vic- tor) of Los Molinos, and Rebecca Holton of Nichols, GA., sisters Debbie Gallahan of Cummings, GA. and Joan An- derson of Douglas, CA. Also surviving are grandchildren Chelsea, Cody, Jeremy, Jonathan, Madelyn and Mallory, step children Laurie King (Eric) of Oakland, David Calender (Sharon) of Visalia, Kurtis Calender (Jan) of Sali- nas, Koree Cabotage (Joe) of Salinas, John Thaxton (Tere- sa) of Tucson, step grandchildren Eren Cabotage, Johnny Thaxton, Kourtney, Scott, Shane, Jacob, Joel and Janey Calender, Seth, Evan and Ethan King. She is also survived by sister-in-law Fern Naber of Santa Rosa and several nie- ces and nephews. Frankie was a nurse, graduating in 1978 in Georgia. Frankie visited Gardnerville, NV., fell in love with the mountains and met the love of her life, Glenn. They moved to Corning in 2005. Frankie's health forced her to retire in 2008. She loved to travel, fish, be with loving friends and be Grandma, Mema, and Granny to her grandchildren. She was the nicest, kindest, and sweetest person in the world. Everyone who knew her loved her. She will be greatly missed by all. She always had a great love of our savior. She is in a better place, at the hand of the Lord. Pastor Larry Peterson will lead a Memorial Serv- ice and Celebration of Life, August 20, 2011 at the club- house at Woodson Estates in Corning. Death Notice Alberta Truax Alberta Truax died Friday, Aug. 19, 2011, at Brent- wood Skilled Nursing in Red Bluff. She was 89. Hoyt- Cole Chapel of the Flowers is handling the arrange- ment. Published Saturday, Aug. 20, 2011, in the Daily News, Red Bluff, Calif. THEATRE Continued from page 1A Corning Community Foundation in 2009, he said. The group had a $20,000 energy grant, which helped with the first phase of the project in which the roof, air conditioning and heating was redone along with replacing glass and new doors, Lauderdale said. The group also fin- ished the demolition of the floors and removal of the old chairs and with some of the $50,000 left by the Rodgers family were able to redo the neon sign out front. One of the next pro- jects visible from the outside will be the tile, which will have a new, olive green color to match the city's brand- ing efforts, Walberg said. The tile, which will take about a month to get because of the color, was last replaced in 1950, she said. "We hope to have it up and running within the next year," Dickison said. The project is very special to Dickison who remembers fondly the times spent with her uncle who served as the janitor for the theater, she said. "It's been a long process, but we're going to get it done," Dickison said. The group was able to get an extension on the balance of the $220,000 Prop. 84 grant the city had given to it, which will help with the demo- lition in the bathroom and some of the revamp work being done in the loge, Lauderdale said. The concession stands have been torn out along with other parts of the gutted the- ater. Once everything's rebuilt and up and run- ning, the theater will mostly show movies, but will also be a place for Hometown Christmas events, plays, the Miss Corning program and other town activities, Walberg said. The group will have a booth at the Olive Festi- val, which will be on Saturday, Aug. 27, in Northside Park, Sixth and Colusa streets. Donations can be sent to Corning Community Foundation, 794 Third St., Corning, 96021. For more information call 262-5315. ——— Julie Zeeb can be reached at 527-2153, extension 115 or jzeeb@redbluffdailynew s.com. Faith and Freedom legal organization who represented the student, said he would ask the appeals court to recon- sider its decision. Tyler also said he would ask the U.S. Supreme Court to review the case if the appeals court doesn't change its ruling. ''This was a perfect opportunity for the court to address the issue one way or another,'' Tyler said. ''Instead, it failed to give guidance on the constitu- tional question.'' The case stems from 2007 when Chad Farnan was a sophomore in Cor- bett's class. He withdrew from the class before the school year ended and he and his parents filed a lawsuit over sev- eral comments Farnan believed demeaned Christianity. The only com- ments referenced in the lawsuit were about Corbett's view of creationism. Calif man acquitted of fatally shooting 3 VICTORVILLE (AP) — A San Bernardino County jury has acquitted a man of shooting to death three people in connection with a 12-year feud between him and his neighbor. The Victorville Daily Press reports (http://bit.ly/oDyPmp ) that the jury deliberated for two days before finding 57-year-old Dennis Flechtner not guilty of murder on Friday. He was released after the verdict. During trial, Flechtner testified that he shot Angela Leird, Adam Owen and Robert Light in self-defense in 2009 when they approached his property in the dark. The only surviving witness of the shooting testified that Flechtner was arguing with the three victims when he pulled out his gun and shot them. Prosecutors say Flechtner, whose backyard in Phelan faced Leird's, got into a dispute with his neighbor over their property line in 2006. PLAN Continued from page 1A fire camps or work farms, or house arrest and GPS monitoring. To reduce jail popula- tion, Muench advocated for rehabilitative services aimed at those who are considered low-high offenders and high-moder- ate offenders. Prevention services that would affect change could go toward juveniles. The county and city could try to enforce public nuisance policies, espe- cially in high crime loca- tions that would deter peo- ple from getting into trou- ble, he said. David Nichols, district administrator for the Cali- fornia Department of Cor- rections and Rehabilita- tion, said short-term and long-term plans are neces- sary. Nichols, who is not an official member of the partnership, but was pre- sent to lend his expertise, said he has been working closely with the surround- ing North State counties that fall under his supervi- sion. Most of them are con- cerned about jail capacity, he said. "Everyone is looking at trying to borrow beds from everyone else," Nichols Modesto dad arrested in infant's death MODESTO (AP) — A 30-year- old Modesto man is being held as a suspect in the death of his 2-month- old son. Modesto Police Lt. Rick Armen- dariz said homicide detectives arrested Abinesh Kumar on Thurs- day, about 16 hours after para- medics were called to his home on a report of a child not breathing and found the baby there dead. The Stanislaus County coroner determined the same day that the infant had suffered ''non-accidental injuries, although an exact cause of death has not been determined, Armendariz says. Kumar was jailed based on the autopsy and interviews with rela- tives. Neighbors tell KCRA-TV (http://bit.ly/qamLp2 ) that Kumar's wife had left home about a week earlier and that Kumar and his par- ents were caring for the baby and his 1-year-old brother. Clues sought in killing of Mendocino land steward WESTPORT (AP) — Authori- ties are looking for clues at remote ranch area where a man was killed last week while clearing brush for the Mendocino Land Trust. The Press Democrat of Santa Rosa (http://bit.ly/onLOc1) reports that Mendocino County sheriff's deputies on Thursday combed the 400-acre oceanfront property in search of evidence that could iden- tify the gunman. The property, owned by the Save the Redwoods League, is where 45-year-old Matthew Coleman was found shot multiple times on the night of Aug. 11. Coleman was a land steward and volunteer coordinator for the Land Trust, which was contracted to maintain the property, about 10 miles north of Westport. Capt. Kurt Smallcomb has said investigators are looking into whether Coleman may have encountered trouble when stum- bling onto an illegal marijuana grow. Brown names former aide to state rail board SACRAMENTO (AP) — Gov. Jerry Brown has named a former aide with experience in financing expensive infrastructure projects to serve on the California High-Speed Rail Authority board. The governor's office announced the appointment of Dan Richard on Friday. It comes days after Brown said he still backs the ambitious project to link San Francisco to Los Ange- said. "Bed space is one of the most urgent needs." Long-term planning should be focused on edu- cation and services that would prevent people from entering the system or break the cycle of being in the system, Nichols said. Resources should be focused on keeping crimi- nals locked up, District Attorney Gregg Cohen said. "Nobody who's in prison doesn't deserve to be there," Cohen said. "They earned that." He understood there was a push for services, but nothing has changed with providing services. "These people are going to be very difficult to change," Cohen said. "We need to get them somewhere where they are incarcerated." Muench said some peo- ple do deserve to be incar- cerated, but some could be helped through services. Public defender Ron McIver said realistically, the county may never get to rehabilitative and pre- ventative services because of limited funding. The county could burn through its funding in dealing with just one offender. That offender could most likely be one that needs medical or mental health services. les and Anaheim by 2020. Con- struction is slated to start next year in the Central Valley, but criticism is growing over management issues and rising cost estimates. Backers now say the project will cost more than $43 billion. Richard, of Piedmont, advised Brown on legal issues and science in the 1970s and 1980s. He also spent 12 years on the board of San Francisco's Bay Area Rapid Transit system. He replaces Curt Pringle, who resigned in July. Fish dealer pleads guilty to catching rare species HAYWARD (AP) — A tropical fish dealer in Hayward could face a large fine and prison time for ille- gally collecting a rare species only found around an uninhabited island in the Pacific Ocean. The U.S. Department of Justice says 58-year-old Steven Robinson pleaded guilty to charges that he caught 52 Clipperton angelfish dur- ing a four-day voyage to Clipperton Island, a French atoll about 800 miles off the coast of Mexico. The Oakland Tribune reports the owner of the Cortez Marine shop in Hayward faces a maximum penalty of one year in prison and a fine of $100,000. He is scheduled for sen- tencing Nov. 30 in San Francisco. Robinson says he's an advocate of sustainable fishing and the Clip- perton angelfish is abundant in the French atoll. $2M diamond heist on LAstreet LOS ANGELES (AP) — Masked men in dark clothing stopped a jewelry merchant's car, beat him and stole $2 million worth of diamonds during a brazen Los Angeles street heist, police said Fri- day. The merchant appears to have been targeted by professional thieves, police Lt. Alan Hamilton said. No arrests have been made. ''This isn't unusual,'' Hamilton said, noting there are large jewelry thefts each week in Southern Cali- fornia. ''It's usually South Ameri- can nationals who are very orga- nized and professional.'' The victim told investigators he was driving down a well-lighted North Hollywood street about 10:10 p.m. Thursday when his car was blocked by two vehicles. and five to six men jumped out. The men ran up to the mer- chant's car and smashed a window while struggling for the backpack containing the diamonds. The attackers got back in their vehicles and fled. The victim followed the thieves but lost them in traffic. The victim, who was treated and released from a hospital with minor injuries, was described as a mer- chant in the jewelry trade business. His name was not released. ''We are treating it as a legiti- mate crime,'' the lieutenant said. Val Lucero, director of the county Health Services Agency, said she was con- cerned about the medical costs and treatments asso- ciated with prisoners. She pointed out the county jail, as it is now, does not have an adequate infirmary. County Chief Adminis- trative Officer Bill Good- win said services may not be possible the first year of implementation, but could be offered down the road. He recommended con- sidering building a reserve fund on top of the funding the state is allocating to start off the program. The state has pledged to give each county some funding to implement their plans. Tehama County should expect to get about $1.2 million this first year and possibly up to $3.8 million over the next four years. The district attorney's office and public defend- ers will split about $43,000. There will be one-time allocations of $85,000 for planning and retention and a $100,000 for the partner- ship. No funding has been defined for front-line law enforcements, which locally include the Red Bluff and Corning police departments and the Tehama County Sheriff's Department. No matter what the plan is, the people of Tehama County have to buy into it, Cohen said. The safety of the community and pro- tection of the public is his first concern. The plan will go before the Tehama County Board of Supervisors for approval before any pro- grams are implemented. ——— Tang Lor can be reached at 527-2153, Ext. 110 or by e-mail at tlor@redbluffdailynews.c om.