DOVER — Comedian Tracy Morgan will make a return appearance at Dover Downs Hotel & Casino on Friday, Oct. 14 at 9 p.m., in what is sure to be an emotional performance.

Tracy Morgan brings his “Picking up the Pieces” tour to Dover Downs Hotel and Casino Oct. 14. (Submitted photo/Paul Mobley)

Tickets will go on sale Tuesday and can be purchased online at doverdowns.com or by calling 800-711-5882. Prices range from $35 to-$65.

Mr. Morgan, the “Saturday Night Live,” and “30 Rock” veteran, was critically injured on a New Jersey highway on June 7, 2014, returning from a show at Dover Downs,  when the limo bus he was riding in was struck by a tractor-trailer.

Fellow comedian James “Jimmy Mack” McNair was killed in the crash and the accident left Mr. Morgan in critical condition. He spent more than a month in the hospital and a rehabilitation clinic recovering from his injuries, which included a broken leg, nose and ribs.

On March 11 of this year. Mr. Morgan made his first trip back to Delaware when he brought his “Picking up the Pieces” tour to Wilmington’s Playhouse.

In 2009, Mr. Morgan received his first Emmy nomination for Outstanding Supporting Actor in a Comedy Series for “30 Rock.”

A past nominee for a Supporting Actor NAACP Image Award, Mr. Morgan penned the book “I Am The New Black” in 2009, and released a standup special for Comedy Central titled “Tracy Morgan: Bona Fide” in 2014.

Jillian Lontz is returning to her alma mater, Wesley College, as the Wolverines’ women’s lacrosse coach.

She spent the last four seasons as the first head coach in the sport at Delaware State.

Lontz takes over a young Wesley squad that will return all but two from its 2016 roster. Wesley’s four top goal-scorers during last season were all freshmen.

“Coach Lontz is a Wesley graduate and a former Wolverine lacrosse player,” said Wesley athletic director Mike Drass. “She did an outstanding job at Delaware State building a program and we look forward to a bright future with Coach Lontz at the helm of our program.”

Lontz graduated from Wesley in 2008 after playing four years for the Wolverines. At DelState, the Hornets went 4-22 over the last two seasons.

Lontz was also an assistant coach for the Wolverines, serving on the staff under former head coach Debbie Windett.

During her playing career at Wesley, she was selected as the team’s Most Valuable Player after her sophomore and junior campaigns, and served as a team captain.

“I want to thank Wesley College, the athletic administration and the alumni for supporting me as I take this position,” said Lontz. “I am excited to re-establish alumni connections, traditions, and culture within the Wesley women’s lacrosse program and to get to work on building a winning tradition.”

College softball

Seven Wolverines honored: The Wesley College Softball team had seven student-athletes named among the Easton/National Fastpitch Coaches Association All-America Scholar-Athletes.

The distinction is for student-athletes that achieved a 3.5 GPA or better (on a 4.0 scale) during the 2015-16 academic year. Wesley was joined by York College as the only teams representing the Capital Athletic Association to receive the honor.

Destiny Davis, Kayla Fromal, Breanna Hartman, Lauren Hoffman, Devin Mackay, Ashley Royer, and Morgan Seymour all were named All-America Scholar Athletes by the NFCA. Each earned a GPA greater than the 3.5 benchmark for the academic year.

The Wesley College Softball team is currently under consideration for the Top 10 Team Academic Award, given by the NFCA to the top 10 teams ranked by academic GPA. That honor will be announced later in the summer.

Caesar Rodney’s Brinen Lefevre was considered the top faceoff man in the state this spring. He was the only downstate player named first-team All-State in boys’ lacrosse, making it as a midfield specialist. (Special to the Delaware State News/Doug Curran)

DOVER — Two years ago, Brinen Lefevre was ready to quit lacrosse.

He’d played the sport since he was in sixth grade.

But, by his sophomore season at Caesar Rodney High, golf was starting to seem like a better idea.

“Lacrosse isn’t my thing,” Lefevre remembered thinking. “But, the last day before tryouts, the coach convinced me to come out and play.”

Lefevre says now that he was just being “young and dumb.”

“I look back on that almost every single time I go to practice,” he said. “I’m so thankful I never did (quit).”

Indeed, not only did Lefevre realize he really loved lacrosse but he also realized he was pretty good at one thing — faceoffs.

Now a senior, Lefevre was considered the top faceoff man in the state this spring. He was the only downstate player named first-team All-State in boys’ lacrosse, making it as a midfield specialist.

Tonight, Lefevre will take the field with the best seniors in the state in the Blue-White All-Star Game at Wesley’s College’s Miller Stadium. The girls’ game starts at 6 p.m. with the boys’ contest slated for 8 p.m.

Lefevre won 70.4 percent (214-of-314) of his faceoffs this season. And he was at his best in the Riders’ two state tournament games, taking a combined 76 percent (25-of-33) in a win over Cape Henlopen and a two-goal quarterfinal loss to Tower Hill.

Lefevre, who also had six goals, 10 assists and 108 groundballs this season, was a captain for CR (10-7).

“Brinen was a pivotal piece to our success over his career,” said Riders’ coach Matt Faircloth. “He’s a competitor and a workhorse every day, whether it’s workouts, practice, or games. As a captain this season, he led by example and set a standard for giving everything you have to get better.”

Becoming a faceoff expert isn’t the simplest thing.

It’s a mixture of different skills. And it took Lefevre a while to figure out which techniques worked best for him.

By the end of his sophomore season, though, he was good enough to earn a starting spot in CR’s state semifinal game. Lefevre credits Riders’ assistant coach Peter Moran for teaching him the finer points of winning faceoffs.

“You’ve just got to put your head down and do what you can do,” said Lefevre. “You have to take at least 100 faceoffs a day. You can use quickness or you can use strength to muscle it out from underneath there. Some of it’s flexibility. But a lot of it is in your head, too. You have to think fast on your feet.”

Lefevre started out standing on both feet only to switch to one knee because the position hurt his back. He’s tinkered with a lot of other little things, too.

“Everything’s just changed completely,” he said.

Of course, you don’t get style points for how you take faceoffs. The only thing that matters is that your team has the ball — and the other team doesn’t.

It’s not a glamorous position but it’s one Lefevre takes a lot of pride in.

“You look back at it and a lot of games are decided by possession,” said Lefevre. “If we can get one more possession, one more goal, and it’s all off a faceoff, that’s perfect to me. Anything I can do to help the team.”

The kid who once wanted to walk away from lacrosse now can’t imagine life without it. He’s considering playing club lacrosse at the University of Georgia, where he’s headed in the fall.

“There’s no way I’m leaving this sport, I love it,” said Lefevre. “You develop relationships and you develop almost like a fraternity together. It’s impossible that you’d want to leave that. You never want to leave a family.”

Dover’s Graves keep busy

Like anybody who plays defense, Dover’s Sydney Graves is used to working in relative anonymity.

But it’s never been a big deal for the senior, who plays defense in both lacrosse and field hockey.

“It’s not needed because you know you’re doing a good job and you’re helping your team — even if you’re not getting the goals,” said Graves.

Graves, however, hasn’t gone unnoticed by opposing coaches.

She was a second-team selection on the first all-Henlopen Conference squad in girls’ lacrosse. Tonight she’ll play in the girls’ Blue-White all-star game, along with Dover teammates Maura Gast and Raven Mandela-James.

The Senators went a combined 18-11 over the last two seasons.

Dover first-year coach Stephanie Blakely, one of the coaches for the Blue squad, said Graves just has the right temperament for defense.

“She’s very aggressive and very able to jump passes and anticipate stuff,” said Blakely. “She has that defensive mind.

“Most people just look past defenders because they really don’t get stats. … It’s nice to be able to put fellow defenders out there (on the all-conference team).”

Graves only started playing lacrosse as a high school freshman. But she likes the sport enough now that she’s planning to play both lacrosse and field hockey — along with majoring in biology — at Arcadia University in the fall.

Graves, who would like to be a physical therapist, knows it will be a challenge.

“She’s one of those kids who can definitely pull off the two sports and having a hard major,” said Blakely.

“The friends that you make are incredible, along with actually getting out and being competitive instead of staying home,” said Graves. “I’m excited.”

Notes

Cape Henlopen — the state champion in girls’ lacrosse and the Henlopen Conference champion on the boys’ side — won’t have any players in either all-star contest because its graduation is tonight. … Polytech’s Bob Gilmore will get one last chance to coach his son, Tom, as the senior attackman is a member of the White squad. He’s headed for Virginia Tech in the fall. … The boys’ Blue squad is slated to have seven first-team All-Staters on the field tonight, led by state Player of the Year, midfielder Ben Revak of Archmere.

Once again, as we rapidly approach the June deadline, the Delaware General Assembly is boarding this administration’s economic stability/budget bus.

Once again, the bus is fitfully careening forward on nearly flat tires. The primary reason leading to this predicament has been this administration’s policy of deflating those tires of their revenue by irresponsibly pushing policies and laws that have taken corporate welfare to a new level. The General Assembly and various agencies such as DEDO (Delaware Economic Development Office) are certainly complicit in this action and must share responsibility.

If you listened carefully, you could hear the air (revenue) escaping when Delaware recently passed two pieces of legislation, suggested and supported by the administration, titled the “Delaware Competes” Act and the “Commitment to Innovation” Act, which will cut corporate tax obligations (revenue to Delaware) by over $65 million. Choosing to forfeit revenue during this moment of budget needs and shortfalls cannot be rationally explained other than in terms of irresponsible economic policy. It will surely result in a blow-out on some of those bus tires.

Further compounding the exuberance to curry favor with the rapidly dwindling corporate mainstays in Delaware was the inexplicable approval of an additional $8 million to Chemours, a company that is on the brink of insolvency, and holds title to the next hazardous waste site threatening Delaware’s environment, known as the “Dioxin Pile.” The taxpayer can expect that cleanup bill soon.

When one considers that this $8 million gift was approved on the same day that DEFAC projected revenues were reduced by over $36 million, one should expect collective gasps of incredulity from the media and even casual observers. Instead, we are met with an almost-stunned silence — a silence that is assumed by political leaders as a vote of acquiescence supporting this foolishness.

Rep. John A. Kowalko Jr.

When the governor’s Secretary of Finance, Tom Cook, suggests that leaks (revenue shortfalls) can be patched by additional revenue from fixed-income seniors, additional co-pays charged to the most impoverished Medicaid recipients, or benefit cuts to hard-working state employees, rather than supporting legislation, such as HB 216, that would recover some of the forfeited corporate revenue from the richest companies that incorporate in Delaware, I am flabbergasted.

These suggestions all came after the DEFAC announcement that revenues were down as a result of falling corporate revenue obligations to Delaware.

Let’s briefly examine the term of this administration regarding non-productive corporate giveaways. Since 2009, Delaware has granted nearly $250 million, in taxpayer money, to mostly large and wealthy corporations with the false logic that this policy will keep and grow jobs here in Delaware.

Nearly $92 million (37 percent of that $250 million) has gone to six Fortune 500 companies since 2009. JPMorgan Chase recently secured $10.5 million in state taxpayer grants, bringing its three-year total to $22 million despite last year’s record profits of $24.4 BILLION.

DuPont has pocketed $14.16 million and has paid the taxpayer back with over 1,500 layoffs while moving on to a lucrative merger with Dow. That number does not reflect additional tens of millions given to DuPont/Dow to encourage the spinoff company (Pioneer Seeds) to keep its headquarters in Wilmington. As a result of the administration’s filtering and distorting the full picture, the media has not adequately painted an accurate picture of the situation.

The bulk of jobs in the agricultural spinoff arrangement, consisting of most, if not all, of the higher-paid research and manufacturing jobs, are headed to Iowa, while only the few jobs required to staff a headquarters will remain in Delaware. This amounts to a dramatic net loss of revenue for Delaware and its taxpayers.

A classic example of the harmful effects of such policies on communities throughout the nation is the recent Nabisco Corp. abandonment of its Oreo production facility in Chicago, despite having secured over $40 million in grants to preserve jobs at this highly productive and successful facility. Nabisco chose to build its new Oreo production facility in Mexico to take advantage of the lower pay scale, resulting in a loss of 600 jobs in Chicago.

This epidemic of corporate extortion erodes the taxpayer base, forfeits jobs and eventually constricts any chance of economic growth while leaving seniors, the impoverished and all hard-working middle class families to pay for the governor’s corporate philanthropy. I would respectfully suggest that Gov. Markell refill the tires on the bus before it careens off the precipice. Supporting and passing HB 216 to recover some corporate tax revenue would be a nice start.

State Rep. John A. Kowalko Jr.
D-District 25 (Newark South)
Newark

LEWES — Delaware State Police on Friday arrested John C. Atkins, 46, a former state representative from Millsboro, following an investigation of a domestic complaint filed by his former girlfriend.

The alleged incident occurred at about 4:40 p.m. Friday.

According to state police spokesman Sgt. Richard Bratz, authorities received a 911 call from a 38-year-old woman reporting she had been in an altercation with her former boyfriend, Mr. Atkins.

Troopers responded to a residence in the 18000 block of Evelynton Road, Lewes.

Preliminary investigation determined Mr. Atkins was given permission by the woman to remove property from her residence, according to authorities.

John C. Atkins

When she arrived at her residence she observed Mr. Atkins had removed other items and an argument ensued, Sgt. Bratz said.

The woman jumped in Mr. Atkins’ truck and began striking property in his vehicle in attempt to damage it, police said investigation found.

The domestic argument became physical outside the vehicle as Mr. Atkins allegedly pushed the woman against her vehicle, Sgt. Bratz said. Mr. Atkins then kicked the woman’s vehicle causing damage before leaving in his vehicle, according to state police.

Mr. Atkins went to Troop 7 in Lewes and was charged with offensive touching and criminal mischief. He was arraigned at the Justice of the Peace Court 2 in Rehoboth Beach and was released on $1,000 unsecured bond.

In June 2014, Mr. Atkins countered his wife’s protection-from-abuse order with one of his own, saying he wanted to share his side of the Atkins family feud.

Mr. Atkins won election to the House of Representatives in 2002 and served in the legislature as a Republican from 2003-2007.

According to the Associated Press, Mr. Atkins was arrested in October 2006 following a domestic dispute just hours after he allegedly used his position as an elected official to avoid a drunken driving arrest.

According to reports, Mr. Atkins was stopped in Ocean City, Maryland, for suspicion of driving drunk. Despite allegedly testing a 0.14 blood alcohol content — nearly twice the legal limit — Mr. Atkins was not charged.

Mr. Atkins pleaded guilty to a misdemeanor offensive touching and resigned his 41st District House seat in March of 2007 following a report by the five-member ethics committee.

Mr. Atkins switched parties and regained the 41st District representative seat as a Democrat. He served from 2008 until losing to Republican Richard Collins in the November 2014 election.

DOVER — A new study ranks Delaware 38th in fiscal health among the 50 states, a finding that has been seized on by Republicans who cite it as evidence policy changes are needed.

Completed by the Mercatus Center at George Mason University, a think tank that focuses on the economic market, the study judges Delaware as below average primarily based on three categories for the fiscal year that ended June 30, 2014: assets versus liabilities, spending versus available funds and taxes versus average personal income.

Delaware compares better in the categories of debt and available cash for the short term.

The state, which ranked 30th overall for the previous fiscal year, suffered the largest fall among the 50 states.

The study’s findings come despite consistent, if sometimes muted, improvement in unemployment rate and contradict claims of a growing economy trumpeted by the administration of Gov. Jack Markell.

A spokeswoman for the governor, a Democrat, said he has yet to read the entire report but “tends to place more emphasis on the fact that year after year the state continues to maintain the highest possible credit rating with all of the major rating agencies. That, combined with job growth rates that are fastest in the region and a 4.2 percent unemployment rate, shows that Delaware remains firmly on a path of good fiscal health and positive economic growth.”

According to the U.S. Bureau of Economic Analysis, Delaware was seventh among states in gross domestic product per capita, which measures the strength of a local economy weighted for population, in 2014. Its per capita income of $47,662 was 21st in the nation and right in line with the national average.

Republicans saw the report both as evidence and as ammunition.

David G. Lawson

“Delaware’s long-term fiscal health should concern every taxpaying citizen of this state,” said Sen. David Lawson, who represents the Marydel area, in a statement. “As the report stated, we have long-term liabilities that are more than twice the national average, including over $3,000 in debt for every person in the state.

“We simply can’t keep kicking the can down the road to please the special interest groups. Hard decisions have to be made, and they should be made starting right now, not next year or 10 years from now.”

The report makes note of what has been the defining feature of Gov. Markell’s seven-and-a-half years in office: an economy battling back from the so-called Great Recession.

“The finances of state governments continue to be shaped by a sluggish economy and steady but modest revenue growth since the recovery from the Great Recession of 2008 began in 2011,” it says. “According to the Government Accountability Office, if current tax rates remain in place, total tax revenues for state and local governments as a percentage of GDP will not return to 2007 levels until 2047.”

Delaware struggled with budget shortfalls both last fiscal year and this year, and the lawmakers on the Joint Finance Committee have emphasized they believe more tough times lie ahead.

Budget-writing legislators grappled with the budget over the past two weeks, crafting a spending plan for the fiscal year beginning July 1. Primarily by making cuts to the governor’s January recommended budget, they were able balance the budget, even as lawmakers of differing views bemoaned that too much had been slashed or that not enough had been done to curb spending.

In the study, Delaware’s lowest rank comes in service-level solvency, which measures “how much ‘fiscal slack’ states have to raise taxes or increase spending by calculating the size of taxes, expenses and revenues relative to state personal income,” according to the publication. “States with high levels of taxes, revenues or expenditures relative to state personal income may have difficulty obtaining increased revenues in a sudden downturn.”

The First State is 46th in the category.

The study does note the results “do not indicate whether a state’s tax system is efficient, equitable, volatile, progressive or regressive.”

The findings also place Delaware 41st in budget solvency and 40th in long-run solvency. The former measures revenues versus expenses and the latter focuses on value of assets and liabilities.

Eight of the nine highest-ranking states all have Republican governors, and several of them are among the country’s largest producers of crude oil. Alaska, Nebraska and Wyoming top the list, with Connecticut, Massachusetts and New Jersey bringing up the rear.

WILMINGTON — A judge is considering whether to hold a bail hearing for a man who was released from prison last year after more than two decades on Delaware’s death row and is now facing a retrial in a 1991 slaying.

Jermaine Wright, 43, was taken back into custody earlier this year after the Delaware Supreme Court said a judge erred in declaring that Wright’s 1991 confession was inadmissible, and that the confession could be used at his retrial.

The decision cleared the way for prosecutors to refile charges against Wright, who was sentenced to death in 1992 for the killing of Phillip Seifert, 66, a clerk at a liquor store and bar outside Wilmington.

A videotaped confession that Wright gave to police, after a lengthy interrogation while he was under the influence of heroin, was key to his conviction, as prosecutors had no physical evidence linking him to the crime.

The Supreme Court ruled unanimously in January that Superior Court Judge John Parkins Jr. erred in declaring that Wright’s confession was inadmissible because he hadn’t been properly advised of his Miranda rights. The court said a judge’s 1991 ruling that Wright knowingly and voluntarily waived his Miranda rights was the “law of the case”, and that Parkins had no legal basis to reconsider that decision.

Similarly, prosecutors are now arguing that a judge’s 1991 ruling that Wright was not entitled to bail is the law of the case and should not be revisited.

Under Delaware’s Constitution, a person charged with capital murder is not entitled to bail if a judge finds there is “proof positive or presumption great” that he or she committed the crime. Under the law of the case doctrine, a Delaware court is prohibited from revisiting issues previously decided, with narrow exceptions for issues that are clearly wrong, would produce an injustice or should be revisited because of changed circumstances.

“Nothing has changed in this case since 1991,” prosecutor Steve Wood told Superior Court Judge Eric Davis at hearing Monday, arguing that none of the exceptions to the law of the case doctrine apply to Wright’s request for a new bail hearing.

Wright’s attorneys say he’s entitled to a bail hearing because “the evidentiary landscape has changed drastically since 1991.” They point specifically to potentially exculpatory information that was never given to Wright’s trial attorneys or discussed at the 1991 hearing suggesting that Seifert may have been killed by two men who tried to rob another liquor store about two miles away less than an hour earlier.

Wright’s attorneys also claim that the judge in the 1991 hearing was unaware of the “highly coercive” nature of Wright’s police interrogation, and that the body of knowledge about “false confession” has grown since then.

“A lot has changed in 25 years,” said Roberto Finzi, a lawyer representing Wright.

Davis, who was given the case after the Supreme Court directed that it be assigned to someone other than Parkins, said he would try to issue a quick ruling.

Before declaring Wright’s confession inadmissible last year, Parkins had overturned his conviction and death sentence in 2012, saying Wright was not properly advised of his rights, and that prosecutors withheld evidence about the earlier attempted robbery. The Supreme Court overturned Parkins, saying arguments about the confession were procedurally barred, and that evidence about the earlier robbery attempt would not have led to a different result.

But the Supreme Court itself overturned Wright’s conviction in 2014 after his attorneys subsequently argued that prosecutors failed to disclose potentially helpful information to the defense regarding a jailhouse informant and another witness who testified against Wright.

Delaware Alcohol and Tobacco Enforcement agents Travis Dallam, left, and Jack Renaud toss confiscated alcohol onto a pile for destruction on Friday afternoon. (Delaware State News/Craig Anderson)

FELTON — So, how long does it take to destroy roughly $60,000 worth of booze?

About 25 minutes of tossing cans and bottles from a truck, followed by a bulldozer pulverizing the shattered contraband; that’s about $2,400 worth of alcohol per minute.

Five Delaware Alcohol and Tobacco Enforcement agents clearly had fun on Friday afternoon and who could blame them?

Delaware Alcohol and Tobacco Enforcement agent Jack Renaud heaves bottles of liquor to be crushed.

At least twice a year, sometimes more, DATE clears out its evidence room and disposes of what it can.

With court cases resolved there’s no need to keep the liquor gathered from investigations into illegal trafficking operations.

So, late last week evidence was loaded into a truck and taken to the Delaware Solid Waste Authority’s Sandtown landfill for destruction.

The agents arrived at 2:30 p.m. with the truck and a couple other dark-colored vehicles and wound their way on a trail to the dumping ground.

With the truck backed up to the discard spot, the agents began to toss cases of bottles and cans, beer, wine and hard liquor onto a growing pile.

Whether it was top shelf Jameson or affordable Coors Light, nothing was spared. The illegal New Amsterdam, Captain Morgan and Southern Comfort all had to go.

The DATE officers stopped short of whistling while they worked, but the serious tone of investigations and operations was replaced by the joviality of a successful job completed.

“It’s surreal to see that amount of alcohol get seized and then bring it out here and get destroyed after the efforts of someone [conducting a criminal enterprise],” Cpl. Aaron Bonniwell said.

Smell of booze

Before long, the unmistakable aroma of bourbon and whiskey wafted from the pile of shattered glass and crushed cans as a small stream of mixed drinks flowed before ponding up in the dirt and mud.

On cue, a DSWA bulldozer moved back and forth to crush the intoxicants, with sprays of foamy liquids shooting up far enough to hit observers who thought they were far enough out of the way.

After several runs over the booze, almost no trace of the contraband remained.

elaware Alcohol and Tobacco Enforcement agent Don Bluestein sits in front of $60,000 worth of confiscated alcohol on Friday afternoon.

“Everything is pulverized so nobody can come over and help themselves to what’s left after we leave,” DATE Cpl. Don Bluestein said.

Typically, booze is confiscated from illegal local parties or New York City-based smugglers heading home with tax free merchandise while dreaming of higher re-sale profits. The Delaware State Police often take part in the detections and seizure, DATE said.

While last week’s haul to the dump might have typically covered six months of operations, an upward trend in illegal activity sped up the amount stored in the evidence room and need for quicker disposal.

“We have seen a big move toward illegal transportation of alcohol in Delaware because it’s just so profitable for black market sales,” DATE Deputy Director Rob Kracyla.

“While the buyers don’t pay tax on it here, they also avoid paying it in New York.”

Other criminal deeds

While illegal tobacco activity has been linked to funding terrorism, the misuse of alcohol hasn’t yet been connected, Deputy Director Kracyla said.

However, there’s collateral benefit to alcohol seizures in uncovering connected criminal activity, DATE said.

Whether it’s a handgun discovered during a raid or other illegal schemes uncovered, alcohol enforcement is tied to the criminal element.

While some of the confiscations came after organized law enforcement operations, others resulted from just plain paying attention to odd behavior.

“A lot of this comes from simple car stops, believe it or not,” Cpl. Bluestein said. “They tend do be over cautious and some of that gets noticed, like someone driving 25 miles per hour below the speed limit in one case.”

Last week, DATE made a public display of its liquor disposal in hope of dispelling any myth about what becomes of the confiscated evidence. No, Deputy Kracyla said, agents do not throw parties with the alcohol they recover from the crooks.

Following Department of Justice guidelines “the reality is there is a very strict procedure of evidence handling,” Kracyla said.

“From the minute it comes into our possession it’s tracked electronically and stored in a secured location. We have to maintain the rules of evidence as a case moves through the legal system and it’s a very regimented process.”

A bulldozer pulverizes a pile of confiscated liquor bottles and cans on Friday afternoon at the Central Solid Waste Management Center Sandtown landfill near Felton.

DOVER — Tommie Neubauer was the athletic director at Middletown High in 2003 when he went for his masters.

He remembers being asked to list a goal for what he would do with his degree in athletic administration.

“Figuring it was the ultimate (job) in the state, I just wrote, ‘To one day be the executive director of the DIAA,’” Neubauer recalled. “And I kind of chuckled, because I was very happy at Middletown and I was very happy with everything going on as an athletic director.”

But, one thing led to another, and on Monday Neubauer was officially named the next executive director of the Delaware Interscholastic Athletic Association.

The 58-year-old former football referee and softball umpire will take over the position on July 11. He replaces Kevin Charles, who announced his retirement earlier this year.

After working as Charles’ lone assistant since 2005, Neubauer was the logical choice to move up to executive director. Neubauer described it as “a natural progression.”

“I kind of like the whole flow over the last 20 years after being in curriculm for so many years,” he said. “I’ve kind of had this second but exciting career in athletics.”

A 1980 West Chester State College grad, Neubauer was a social studies teacher at Middletown for 20 years as well as the Cavaliers’ AD for eight.

With the DIAA, Neubauer has worked as coordinator of officials and events.

He officiated football from 1984 to 2008 with the Northern Delaware Football Officials Association, serving as the organization’s youth league assignor for 12 years. He was also a member of the Delaware Softball Umpires Association for 20 years, serving as the group’s president from 1996-98.

A native of Milmont Park. Pa., Neubauer played football and ice hockey and threw the javelin in high school.

He’s even worked as an usher and game-day staff member for Phillies’ home games for the past 13 years — a job he’ll now be giving up.

“I have a very varied resume,” said Neubauer, a Bear resident. “I’ve been a teacher, a coach, an athletic director, a parent and now a state administrator. I feel at least I’ve been inside every door but I am by no means the expert.

“The strength and the expertise with DIAA lies with those 250 committee people and all of our member-school people that have input. I think I have a good ear to listen to them, in having some common experience with almost every person that comes to the table.”

Neubauer, whose masters in athletic admininstration comes from Ohio University, also has experience with the National Federation of State High School Associations.

He has been a member of the NFHS Softball Rules Committee since 2014 and was recently selected as the chairman of the NFHS Boys Lacrosse Rules Committee.

The DIAA’s only full-time employees are the executive director, his assistant and a secretary. Much of the organization’s work — from running state tournaments to establishing rules — is done by administrators and coaches from the member schools.

Neubauer said the goal in hiring his assistant is finding someone whose expertise meshes but doesn’t necessarily duplicate his own.

“Having another person with officials and AD experience may not be the best thing for the staff,” said Neubauer. “Kevin (Charles) and I complimented each other very, very well.”

If there’s one thing Neubauer said he’s learned from Charles, it’s to listen first and act second. The DIAA oversees 110 schools.

“I thought one of Kevin’s best attributes was listening and being a consensus builder,” said Neubauer. “With all the variants we have in Delaware with our high school and middle school athletics, that is the legacy I’d like to take from him and continue.”

DOVER — The Dover/Kent County Metropolitan Planning Organization wants ideas from citizens on how transportation throughout central Delaware can be improved.

Toward that effort, the Dover/Kent County MPO will host a public workshop for its “Vision 2040 Metropolitan Transportation Plan” on the main floor of the Dover Public Library in Meeting Room B from 4 until 7 p.m. Wednesday.

“We will be holding a public workshop regarding the future of transportation in central Delaware and we are hoping to get as many people out there as possible,” said Kate Layton, the Outreach Manager for the MPO. “We’ll have maps available and a computer running with maps on it so if people want to zoom in on something they can take a look.

“This is for our long range transportation plan. It’s for our draft updates and we update [the transportation plan] every four years. We’re currently in the public input portion of drafting our updates.”

Ms. Layton said the MPO’s efforts serve as a guide for state planners on what the public wants when it comes to improvements in transportation and how federal transportation funds are allocated and spent.

The Dover/Kent County MPO plans to stop the input process in August to give the organization some time to incorporate the ideas it gathered and put them in a draft it will present to the MPO Council in January.

This evening’s meeting is a prime chance for citizens to present ideas for possible improvements.

“We will have different ways for people to comment and jot down their ideas,” Ms. Layton said. “They can suggest improvements to roads, to bicycle lanes, walking facilities, more sidewalks on roads … It can be anything and whatever they think will improve transportation in central Delaware.”

If an individual cannot come to this evening’s meeting, he/she can also email the Dover/Kent County Metropolitan Planning Organization with their comments and input at its website www.doverkentmpo.org, or they can comment via the organization’s Facebook and Twitter pages.

We were married 68 years ago, on Dec. 28, 1947. In the last few years, we have often been asked, “How are we able to stay married to each other for such a long time?” and “What is your secret for a long, happy marriage?” and “How do you tolerate living with the same person that long?” Marriage is a job that requires hard work. Our answers to these and other question are as follows:

1. Don’t “fall in love.” You might get hurt. Develop a friendship first and love will grow.

2. You have to work together and pray together to stay together. Some situations will require an all-night prayer vigil.

3. Respect each other. Refrain from blaming and name-calling and speaking to each other in anger. You cannot take back words once spoken. Hurtful words remain in your psyche forever.

4. When you marry, “Mine” and “Yours” must become “Ours.” Marriage is an equal partnership. There is no “Boss” or “Subordinate.” Trust your mate; don’t dominate.

Dr. Berlin and Reba Hollingsworth

5. You must have a “wishbone,” a “funny bone,” and a “backbone” to succeed in marriage.

6. Re-read your marriage vows each year on your anniversary – more often, if necessary, especially when you need to be reminded that you promised to remain married to each other “until death parts you.”

7. Periodically, read the love letters and cards you wrote to each other when you were dating.

8. Kiss each other often, especially when you awaken in the morning and before you go to sleep at night.

9. Love each other’s families, but don’t live in the same town with either of your families. Live far enough away that you have to make plans to visit each other.

10. Don’t interfere with other people’s business and keep other people out of your business.

11. Don’t offer unsolicited advice to anyone. If they want your advice, they will ask for it.

12. Every five to seven years, you will have a crisis in your marriage, but, if you stay in the same bed together, you can resolve any conflicts that may arise.

13. If your marriage is sick, seek help from a certified marriage counselor, not from your friends and relatives.

14. Before blaming your mate, evaluate yourself first. You may be the source of conflict in the relationship.

15. Don’t try to change your mate. Accept your spouse as she/he is. You can’t change anyone except yourself.

16. Lies and deceptions destroy a relationship. Be honest with each other. No matter how bad the truth may be, always tell the truth. Problems based on truth are solvable.

17. Forgive yourself and your mate unconditionally.

18. Avoid long periods of absence from each other. Remember, absence makes the heart grow fonder — for someone else!

19. Develop an appreciation for your mate’s interests and hobbies. Sharing each other’s interests and hobbies leads to a happier relationship.

20. Have discussions with each other before making major purchases or major decisions.

21. Don’t try to keep up with the Joneses. Have a plan and decide what is best for you and your family and live within your means.

22. Live on a budget. No matter how large or how small your income, pay your tithes first, then, pay yourself, and finally, pay your debts. Don’t make any purchases or charge anything you can’t pay for in full when the bill is due. Never put “wants” ahead of “needs.” Save at least 10 percent of your income.

23. If you feel you must lend money to family and friends, have them sign a loan agreement. You will be able to collect your money, if they do not repay it as agreed.

24. Do not live together before marriage. Cohabitation leads to severe problems when there are no legal commitments to the relationship.

25. Throughout your marriage, continue doing the same things you did that attracted you to each other when you were dating and first married. That means you must continue to love and respect each other always.

EDITOR’S NOTE: Berlin N. Hollingsworth, Ph.D., is a retired Caesar Rodney School District educator, and Reba R. Hollingsworth, Ph.D., is a retired Dover High School guidance counselor. They reside in Dover.

DOVER — Updated consumption advisories for fish caught in Delaware waterways show some of the most significant improvements in fish tissue contaminant concentrations since the state began assessing contaminants in fish in 1986, officials said Tuesday.

Fish consumption advisories are recommendations to limit or avoid eating certain fish caught in local waters that alert people to the potential health risks of eating contaminated fish.

The latest advisories come from recent data collected and analyzed from fish caught in New Castle County waterways, according to the Department of Natural Resources and Environmental Control and the Department of Health and Social Services’ Division of Public Health.

“Overall, the updated advisories are good news for an area of our state that has historically been challenged by the impacts of legacy contaminants,” said DNREC Secretary David Small.

“The improvements we’re seeing indicate that collaborative efforts among state, federal, local and industry partners to address contaminants, along with DNREC’s innovative toxics assessment and restoration projects, are making a difference.

DNREC Secretary David Small

“This progress is also the result of significant investments in wastewater and stormwater infrastructure and cleanup technologies. If we are to achieve our goal to accelerate the cleanup of remaining contaminants and restore our waterways in the shortest time possible, we will need the technical and financial resources to make that happen.”

Less restrictive advisories were issued for seven waterways – the tidal and non-tidal Christina River, Little Mill Creek, tidal Brandywine River, tidal White Clay Creek, and upstream and downstream portions of Shellpot Creek – a result of long-term improvements in reducing contaminants in fish caught in these waterways.

A more restrictive advisory was issued for Red Clay Creek due to higher levels of some contaminants, while the advisories for two waterways, the non-tidal Brandywine River and non-tidal White Clay Creek, were unchanged and remain the same as for 2015.

“I applaud DNREC’s continuing efforts to clean up our state’s waterways, which, in turn, reduces the restrictions on fish consumption,” said DHSS Secretary Rita Landgraf.

“The Division of Public Health would like to remind everyone that consuming fish is an important part of a healthy diet because they contain high-quality proteins along with other essential nutrients, are low in saturated fat, and contain omega-3 fatty acids.

“This updated advice will help all of us make informed healthy decisions about the right amount and right kinds of fish that our families should eat from Delaware’s waterways.”

Many of the contaminants that prompt fish advisories in Delaware are “legacy pollutants” – chemicals, such as polychlorinated biphenyls, the banned insecticide DDT, and dioxins and furans that were released into waterways in significant quantities in the past, officials said. These legacy pollutants are slow to break down in the environment and can accumulate in fish and in bottom sediments of lakes, streams and estuaries.

The improvements in consumption advisories are largely the result of declining PCB concentrations in fish, according to officials. Tidal areas of the Christina and Brandywine Rivers and Shellpot Creek, historically some of the most contaminated areas in the state, have shown decreases of PCB concentrations of 50 to 60 percent in the last eight years.

The reduction in PCB levels is attributed to several efforts, including state-of-the-science testing to identify, prioritize, and control remaining sources of contaminants and to innovative clean-up strategies, including adding activated carbon and quicklime to sediments that bind contaminants and limit their transfer to the water and fish, officials said.

In addition, DNREC and its partners, including the Delaware River Basin Commission, New Castle County Special Services, the City of Wilmington, state environmental agencies in Pennsylvania and New Jersey, and industrial facilities, have been working cooperatively on strategies and projects that implement the Delaware Estuary total maximum daily load (TMDL) pollution limits, since first established in 2003.

The latest advisories encompass New Castle County waterways and include:

Tidal Christina River.

The advisory for the Tidal Christina River between Smalley’s Dam (near Christiana) to the Delaware River was updated to less-restrictive advice that includes two areas:

Area upstream of the Peterson Wildlife Refuge to Smalleys Dam. Less restrictive advisory:

The current advice of “eat no fish” caught from this area has been revised to “eat no more than 12 eight-ounce meals of fish per year.” The advice also applies to Nonesuch Creek, a tidal tributary of the Christina. This increase in allowable fish consumption is significant and can be attributed to improved water quality flowing from the non-tidal portion of the Christina River into the upper tidal portion of the River. PCBs are the primary contaminant of concern.

• Area between the Peterson Wildlife Refuge downstream to where the Christina River empties into the Delaware River. Less restrictive advisory:

For the general adult population, the current advice of “eat no fish” has been updated to “eat no more than one eight-ounce meal of fish per year.” The modest easing of the advice is largely attributed to falling concentrations of PCBs – approximately 50 percent from 2007 to 2015. The new advice for this area is consistent with the tidal Delaware River, into which the Christina River flows. Despite improvements in PCBs, they remain the primary contaminant of concern.

Non-Tidal Christina River. Less restrictive advisory:

The non-tidal Christina River runs from its headwaters north and west of Newark downstream to Smalleys Dam. The existing advice of “eat no more than six eight-ounce meals of fish” has been doubled to “eat no more than 12 meals per year.”

The single contaminant of concern is Dieldrin, a chemical that was used in the past as an insecticide for termite control. PCBs and chlordane are no longer contaminants of concern.

Little Mill Creek. Less restrictive advisory:

A tributary of the Christina River, Little Mill Creek’s headwaters are in Greenville. The Creek flows southward through Elsmere, Canby Park, and the Peterson Wildlife Refuge and empties into the tidal Christina south of Wilmington.

The existing fish consumption advisory is to “eat no fish.” New data and assessment found that the current advice can be less stringent and has been revised to “eat one eight-ounce meal of fish per year.” The chemicals of concern include PCBs and chlorinated pesticides.

Revising the advisory to “one meal per year” is consistent with the recommended advice for the lower reach of the tidal Christina into which the Little Mill Creek flows.

Tidal Brandywine River. Less restrictive advisory:

The Brandywine River is the largest tributary of the Christina River. The tidal Brandywine covers the area between Baynard Boulevard in Wilmington downstream to its confluence with the Christina River.

The existing fish consumption advisory is to “eat no fish.” The advice is being increased to “eat no more than two eight-ounce meals of fish per year.”

The primary chemical of concern continues to be PCBs, however, PCB concentrations in fish have dropped significantly – approximately 59 percent from 2007 to 2015. The reduction is the result of steady cleanup efforts at the Amtrak former fueling facility in Wilmington and other projects. DNREC and the EPA are working with Amtrak on a plan to fully remediate the site, with the goal of further easing the fish advisory in the future.

Non-Tidal Brandywine. No change in existing advisory:

The non-tidal Brandywine runs from the Delaware/Pennsylvania state line to the head of tide near Baynard Boulevard in Wilmington. The data and assessment supports keeping the existing advice to “eat no more than six eight-ounce meals of fish per year.”

Tidal White Clay Creek. Less restrictive advisory:

The lower three miles of the White Clay Creek are tidal between the mouth of the creek and Del. 4 in Stanton.

Hershey Run, which has a history of contamination, flows into the tidal White Clay Creek. The advisory was updated from “eat no fish” to “eat no more than one eight-ounce meal of fish per year.” PCBs remain the primary contaminant of concern.

Non-Tidal White Clay Creek. No change in existing advisory:

The non-tidal White Clay Creek originates in Chester County, Pennsylvania and flows into Delaware north of the City of Newark.

The existing advice of “eat no more than 12 eight-ounce meals of fish per year” is being retained and the primary contaminant continues to be PCBs.

Red Clay Creek. More restrictive advisory:

The Red Clay Creek, which has a long history of contamination in Pennsylvania and Delaware, flows into Delaware south of Kennett Square, Pa. and north of Yorklyn, Del.

New data and assessment found that the recommended meal advice needs to be more stringent – from “eat no more than six meals per year” to “eat no more than three meals per year.”

PCBs and dioxins and furans are retained as contaminants of concern and chlorinated pesticides added.

In recent years, fish caught near the Pennsylvania/Delaware state line have shown an increase in the concentration of the banned insecticide, DDT, and its breakdown products, suggesting the source or sources of this contamination may be in Pennsylvania.

DNREC and environmental officials in Pennsylvania are working cooperatively to assess and control the contamination.

Follow-up actions will include sampling areas for contamination to confirm that sources are being controlled.

Shellpot Creek – The headwaters of Shellpot Creek are located near Talleyville and its outlet is in the far eastern portion of Wilmington, just north of the Cherry Island landfill. The advisory was updated to less-restrictive advice that includes two areas:

• Upstream of Governor Printz Boulevard. Less restrictive advisory:

The current advice of “eat not more than one eight-ounce meal of fish per year” has been revised to “eat not more than two eight-ounce meals per year.”

The contaminant of concern is Dieldrin and its presence in the creek upstream of Governor Printz Boulevard is likely the result of heavy usage of Dieldrin in the past, primarily as an insecticide to control termites.

• Downstream of Governor Printz Boulevard. Less restrictive advisory:

The current advice of “eat no fish” has been revised to “eat no more than one eight-ounce meal of fish per year.”

Although PCBs continue to be the primary chemical of concern, concentrations of PCBs have dropped significantly in waters downstream of Governor Printz Boulevard, a result of less pollution entering the Creek.

In addition to the advisories mentioned above, DNREC and DHSS remind the public of the general statewide fish consumption advisory issued in 2007:

• Eat no more than one meal per week of any fish caught in Delaware’s fresh, estuarine and marine waters.

This advisory applies to all waters and fish species not otherwise explicitly covered by an advisory.

One meal is defined as an eight-ounce serving for adults and a three-ounce serving for children.

People who choose to eat fish caught in Delaware waters in spite of the consumption advisories can take steps to reduce exposure.

Contaminants tend to concentrate in the fatty tissue, so proper cleaning and cooking techniques can significantly reduce levels of PCBs, dioxins, chlorinated pesticides and other organic chemicals.

Larger fish tend to have higher concentrations.

To reduce the amount of chemical contaminants being consumed:

• Remove all skin

• Slice off fat belly meat along the bottom of the fish

• Cut away any fat above the fish’s backbone

• Cut away the V-shaped wedge of fat along the lateral line on each side of the fish

• Bake or broil trimmed fish on a rack or grill so some of the remaining fat drips away

• Discard any drippings; do not eat drippings or use them for cooking other foods.

DOVER – Jeremy Sheppard received a promotion, two new vehicles were approved for purchase and the status of the newly opened Kent County Recreation Center were among actions that took place at the Kent County Levy Court’s Special Business Meeting Tuesday night.

Mr. Sheppard received a unanimous vote from a quorum of Levy Court Commissioners and was named director of Community Services for Kent County, effective Tuesday.

Mr. Sheppard replaces former Kent County Director of Community Services Keith Mumford, who retired effective May 31 after working for the county for 30 years.

“I’d like to thank all of the Levy Court commissioners for having the confidence in me,” Mr. Sheppard said. “I’m very honored to be able to serve all of Kent County and to continue with some of the great traditions that we have with the Department of Parks and Recreation and the Library.

“Hopefully, we can build to a bigger and brighter future as we go along.”

The Kent County Levy Court Commissioners also approved the purchase of a 2016 Ford Fusion S sedan for $17,763 and a 2016 Dodge Ram for $18,073 for the Department of Planning Services to replace a couple of older vehicles – a 1999 Jeep Cherokee and a 2002 Dodge Ram – that were facing costly repairs.

The new vehicles were paid for by $3,450 that was available in Planning Services – I&E capital projects fund as well as $36,000 by the County Vehicle and Equipment Replacement Fund within the Capital Budget.

Kent County Sheriff Jason Mollohan also attended the business meeting to go over edits that he and his staff made to the Sheriff’s Office manual, which he said had become outdated.

“The policy had been in place since 2000 and we just thought that 16 years was a little outdated for policy, especially when the law changed in 2012, specifically in Delaware, as to the role of the Sheriff’s Office in Delaware,” Sheriff Mollohan said.

“I think it was just a matter of kind of giving more direction to the office as far as spelling it out a little bit more in detail with the law change the role of our deputies.”

P. Brooks Banta, president of Kent County Levy Court, asked Sheriff Mollohan, “Is there anything here that is going to cost the taxpayers money?”

“Absolutely not,” Sheriff Mollohan responded.

In other business, officials from the Kent County Recreation Center that opened its doors last Saturday, said there are still some minor tweaks being worked out at the facility and that it remains on budget.

Kent County Levy Court Commissioners also awarded its Independent Certified Public Accountant’s Audit Services to Barbacane, Thornton & Company LLP for audit services for fiscal year 2016 for $63,500, fiscal year 2017 for $65,000 and fiscal year 2018 for $66,500.

Six companies submitted proposals and were evaluated to determine each firm’s qualifications, responsibility, ability to provide services and proper fit with Kent County’s Department of Finance.

Barbacane, Thornton & Company received a score of 98.67 percent more than nine percentage points higher than the next of the five companies that bid for the contract.

In the final action of the meeting, Levy Court Commissioners elected to extend the Commercial Trash Collection Services Contract with Republic Services of Delmar for an estimated $8,200 plus disposal costs beginning July 1 and ending Sept. 30.

The short-term extension will allow bid and award of a new contract in the interim.

The trash collection services contract is for the County Administration Complex, Emergency Services Center, various pump stations, Brecknock Park and multiple locations at the Resource Recovery Facility.

DOVER — The Delaware House of Representatives passed by overwhelming margins and with very little debate a bill aimed at removing public-records exemptions surrounding civil asset forfeiture, even as some expressed doubt the proposal has any teeth.

Civil asset forfeiture, the practice of law enforcement seizing possessions or cash from someone believed to be involved in criminal activity, has come under scrutiny recently, especially in Delaware, which has a broad system that provides little protection to civilians.

No conviction or even criminal charge is needed for police to seize private property. Furthermore, the council that doles out money gained through civil forfeiture is exempt from public-records requests.

The legislation approved Tuesday would remove the Freedom of Information Act exemption from the Special Law Enforcement Assistance Fund Committee — with a catch. Law enforcement agencies would be allowed to submit requests to the committee and then withdraw them if the body rules the applications are public records.

Petitions pulled back in this manner would remain hidden from the public.

John L. Mitchell Jr.

Main sponsor Rep. John “Larry” Mitchell, D-Elsmere, said he wants to “open up” the process. But he believes the carve-out is “something that’s needed,” despite the fact information related to active investigations and security risks is already exempt from FOIA.

“You obviously have drug investigations, investigations that really don’t require a whole lot of public output there and they really have to really be concerned of what information because you have to remember, all these applications that are being submitted, most of the time they’re active investigations, so that you certainly don’t want to disclose information,” he said.

Because details relating to police investigations are immune from FOIA, something the bill would not change, the measure’s actual impact appears limited.

The proposal, House Bill 309, passed 36-4, with one lawmaker absent, sending it to the Senate.

Rep. Sean Lynn, D-Dover, was one of those four opposed to the bill.

“It doesn’t go nearly far enough,” he said. “They haven’t addressed the underlying civil forfeitures, which fund it, and then No. 2, it still has not been explained to me why it requires FOIA protection at all.”

Rep. Mitchell, a former police officer, said many of the purchases made through SLEAF are for equipment or involve training and investigations.

Legislation introduced in April by Sen. Colin Bonini, R-Dover, would place limitations on the practice of civil asset forfeiture. However, the bill has yet to be heard in the Senate Public Safety Committee.

Sunday hunting

In the Senate, legislators passed a bill authorizing hunting on some public and private lands on five Sundays. The bill, the result of lengthy discussions, allows for hunting on designated Sundays in October, November and December.

The Delaware Department of Natural Resources and Environmental Control will hold public hearings to choose the times and locations for allowable Sunday hunting.

The legislation passed 14-7, despite objections from some lawmakers that the activity would disrupt people wanting to use public parks for hiking, biking and horseback riding.

“We’re looking at taking five Sundays out of two of the nicest months of the year,” Sen. Karen Peterson, D-Stanton, said.

Supporters noted hunters pay fees to support public parks and deserve to be able to take advantage of them at least in limited use on Sundays.

An amendment that would have allowed hunting only until noon for applicable Sundays in October and November was voted down.

The legislation previously passed the House, meaning it now goes to the desk of Gov. Jack Markell

Staff writer Matt Bittle can be reached at 741-8250 or mbittle@newszap.com. Follow @MatthewCBittle on Twitter.

DOVER — The city of Dover has retained legal counsel in response to an accusation that its police chief added a sentence to a use-of-force report after it had been officially filed in the assault case of former Cpl. Thomas W. Webster IV, officials said Tuesday.

In a letter to the Department of Justice on May 24, Cpl. Webster’s lawyer Jim Liguori alleged Chief Paul Bernat added to the document “after I received the document from (now Deputy Chief Marvin) Mailey, a self-serving sentence to the original exhibit.

“I’m convinced that Paul Bernat did this because, as I’ve said before, he and others wanted to pursue criminal charges against Tom Webster before a new Attorney General …”

Dover Police Chief Paul Bernat

When contacted Wednesday, Chief Bernat declined comment on the letter’s contents and referred questions to attorney Glenn Mandalas.

Mayor Robin Christiansen confirmed the city “hired legal counsel” in response to the letter, but declined further comment due to the ongoing “personnel matter and legal issue.”

In the letter to the DOJ, Mr. Liguori cited Chief Bernat’s adding the sentence “Pending review of in car video” to an original report on Aug. 26, 2013, stating that no disciplinary action should be taken against Cpl.Webster. Chief Bernat, then deputy chief, signed the report.

Cpl. Webster was charged with assault after he administered a jaw-breaking kick to Lateef Dickerson as the suspect was apprehended on Aug. 24, 2013. A jury found Cpl. Webster not guilty in Kent County Superior Court on Dec. 8, 2015.

The officer reached a settlement with the city afterward and left the Dover police force.

In-car video from an officer’s dashcam at the scene was highly scrutinized by both prosecution and defense during the trial.

The letter from Mr. Liguori was sent to Deputy Attorney General Dennis Kelleher of the Office of Civil Rights and Public Trust.

On Tuesday, DOJ spokesman Carl Kanefsky confirmed receipt of the letter and said the office “will review it. Beyond that, the office does not discuss or disclose details of investigations.”

The city responds

In a letter responding to the allegations sent to Mr. Kelleher, Mr. Mandalas wrote “Chief Bernat categorically denies the unfounded accusations contained in Mr. Liguori’s letter.”

Mr. Mandalas acknowledged two versions of the report existed and said “Chief Bernat has never attempted to hide this fact, there is not one piece of evidence that would suggest otherwise.”

Both accounts of the use of force report were provided to the DOJ during the trial, Mr. Mandalas said, and “both versions were produced in discovery to Lateef Dickerson’s attorneys in the civil litigation matter arising from the incident …”

Mr. Mandalas pointed to Chief Bernat’s testimony under oath during the civil case proceedings and contended “If Chief Bernat had been motivated by other than proper purposes, as Mr. Liguori suggests, one would expect that he would have endeavored to conceal the pre-video version of the memorandum.”

Describing Mr. Liguori’s accusations as “unfounded, misleading, and incorrect” Mr. Mandalas said Chief Bernat agreed with the report’s findings, but “wished to review any video of the incident.”

No video could immediately be found, however, during the Internal Affairs investigation, and Chief Bernat signed the report, Mr. Mandalas said.

The video was located several weeks later, according to Mr. Mandalas, and Chief Bernat added the phrase “pending review of in car video” because of its value as evidence.

“The later addition was consistent with Chief Bernat’s intention upon first reviewing the Internal Affairs report,” Mr. Mandalas maintained.

The video discovered

Chief Bernat’s actions were reasonable, Mr. Mandalas said, and duty bound to review the discovered video.

“Nonetheless, as all the evidence amply demonstrates, Chief Bernat preserved the prior record by retaining the original version of the signed

Jim Liguori

memorandum, produced it every time he was asked to do so, and testified as to the existence of both memoranda,” Mr. Mandalas wrote.

During negotiations regarding Mr. Webster’s separation from Dover PD, according to Mr. Mandalas, Mr. Liguori had extensive face to face and written contact with Chief Bernat and himself.

“Had Mr. Liguori simply brought this matter to the attention of Chief Bernat and his legal counsel at an appropriate time, I feel confident that the Chief’s explanation, supported by sworn testimony in the civil litigation, and provided in this correspondence, would have sufficiently dissuaded Mr. Liguori from burdening you and the Office of Civil Rights and Public Trust with this unfounded complaint,” Mr. Mandalas said.

Mr. Liguori said he did not air concerns earlier because “whatever I did might have been construed as some tactic used to my clients advantage.:

The city’s letter concluded by saying Chief Bernat would be fully cooperative with the DOJ in “any investigation that your office should wish to undertake.”

The report arrives

Mr. Liguori said he received the original use of report on Aug. 26, 2013; Dover PD took the alleged assault matter to the DOJ and Attorney General Beau Biden, and a grand jury chose not to indict in March 2014. Former Chief Jim Hosfelt retired on March 5, 2014.

After the Webster issue was further examined, the DOJ under Attorney Matt Denn brought the case again the grand jury, which returned an indictment on May 4, 2015. Chief Bernat had replaced Mr. Hosfelt at that point.

Mr. Liguori said he received the original use of force report with the addition from the DOJ on June 15, 2015 during a discovery period for Mr. Webster’s case.

“I believe Paul Bernat’s addition to an official document may be actionable,” Mr. Liguori wrote in allegations to the DOJ.

“At best it’s unprofessional, disingenuous and sneaky. At worst, it’s a crime.”

Mr. Liguori maintained that Chief Bernat “did not want those with whom he spoke (Attorney General’s Office and the U.S. Attorney’s Office) to conclude that he had resolved the issue at hand during the original Internal Affairs without having viewed the in car video from the police vehicle of Chris Hermance and thereafter engaged in the tampering with the official document …”

Also, Mr. Liguori described Chief Bernat as surrounded by a “small coterie of sycophants” on the police force who believed Mr. Webster’s conduct was actionable even “after initially being rebuked by a grand jury and U.S. attorney.”

Mr. Liguori said the document in question was not introduced at trial and “We won on the merits of our defense.”

DOVER — Delaney Steele wasn’t 100 percent sure if she would be able to play in what would have been her final high school lacrosse game.

But she woke up on Tuesday morning and felt much better. So the recent Caesar Rodney High graduate decided to give it a go.

And Steele led the White team with three goals in the Blue-White senior girls’ lacrosse all-star game on Tuesday night hosted by Wesley College.

“My lip is definitely busted,” Steele said after the game. “It was iffy. I wasn’t sure if I was going to make it. My dad asked if I could maybe help him coach, but no, I was planning on playing.”

The Blue team swept both games with Wilmington Charter’s Caroline Grasso scoring the winner in the final minute of the girls’ game for a 12-11 result. The Blue also knocked off the White in the later contest with a 20-15 final in the boys’ contest.

Ben Moore, out of Lake Forest High, highlighted the game for the Kent County contingent, scoring a pair of goals included a highlight-reel one in the first half.

Moore brought the crowd to its feet when he collected a loose ball, deked one defender, ran under the leaping arms of another, ducked his way under a double-team before making one more defender miss and finishing into the net.

“It’s a great experience I was thankful I got nominated for it,” Moore said. “On that goal, I just ran full speed, dipper my head and just shot. That’s what I’ve done all season.”

And Moore will be right back on this turf at Wesley’s football/lacrosse field named after current coach Mike Drass. The two-sport standout will be playing football for the Wolverines.

“It’s good to get a touch of the turf before the season,” Moore said. “I’m excited to play on such a great field with coach Drass and such a great program. I can’t wait.”

Also scoring for the White team were two Caesar Rodney representatives, Pat Masko and Brinen Lefevre. Connor Ashoka-Garrett, from Dover High, also netted once.

Sussex Tech’s Jason Whaley recorded a hat-trick, including one where he scored by flinging his shot from behind his back.

In the girls’ game, Madeline Price of Smyrna, who played for the Blue team scored three goals. Her Smyrna teammate Kaila Hindt also had a goal while Indian River’s Emiley Shuey tallied once.

“It’s kind of sad that it’s all over,” Steele said. “But it’s a good feeling knowing that even though we’re all on different teams, we could all come together. We loved playing with each other and it was a great experience.”

During a brunch on Tuesday, Dr. Mark Brainard, president of Delaware Technical Community College, talks with founding family members who started the school a half-century ago. (Delaware State News/Marc Clery)

DOVER –– As Delaware Technical Community College celebrates its 50th year, the time has come not only to plan for the future but to reflect on the past.

On Tuesday morning DTCC President Dr. Mark Brainard hosted a forum at Terry Campus featuring those who knew founders Gov. Charles L. Terry, Jr., Dr. William A. Carter and Dr. Paul K. Weatherly best.

“Gov. Terry knew that Sussex County was the only county at the time with no institution of higher learning,” said Harry Terry, nephew of Gov. Terry.

“And he heard about community colleges at a National Governor’s Association Conference in Georgia and came home motivated to create a

Delaware Tech board member Bill Bush recognizes board members during a brunch at the college on Tuesday. (Delaware State News/Marc Clery)

community college system in Delaware.”

In June 1966, Gov. Terry signed House Bill 529 establishing Delaware Tech which first opened its doors in Georgetown in September of the same year, serving 375 full-time students.

Tuesday’s forum was only one of Delaware Tech’s events this week, all celebrating the college’s 50th anniversary and inauguration of Dr. Brainard as president.

After assuming the role at Delaware Technical Community College on Aug. 4, 2014, Dr. Brainard will be officially inaugurated on Thursday at the Chase Center on the Riverfront in Wilmington.

Usually presidential inaugurations in academia take place about one year after the president assumes office but Dr. Brainard’s was further pushed back to coincide with the college’s 50th anniversary.

How it started

Fifty years ago, Dr. Carter and other community activists in Sussex were gathering several nights a week, trying to plan new education opportunities for young people in the area.

Delaware Tech board member Louis “Bucky” Owens, left, shakes the hand of Superior Court Judge Richard Stokes as Jerry Cain, center, looks on during a brunch at the college on Tuesday. (Delaware State News/Marc Clery)

“My father came back from World War II, like a lot of other guys, with the idea that the sky’s the limit as to what they could accomplish after what they’d been through,” said Dr. Carter’s son, Dick Carter. “He had this real vision of public service and trying to reach out to the community to make life better for the people not only in Sussex but the whole state.”

Gov. Terry and Dr. Carter realized their common ground and decided to employ the help of Dr. Weatherly –– second in command at South Carolina’s Technical and Community College System.

After Dr. Weatherly moved his family up to Delaware, the founders agreed that since Sussex was the area most in need of higher education, it was the logical starting point for a new community college.

“It was about a decade after Brown v. Board of Education and there was this centrally located school in Georgetown –– William C. Jason High School which was for African American students in Sussex County, but the students had been integrated into the formerly all-white schools in their area,” Mr. Carter said. “So the Jason School was looking for a new purpose.”

The perfect opportunity

The school offered the perfect opportunity for a Delaware community college get off the ground –– but not everyone was happy about turning a formerly all-black school into an institution that could potentially be mostly or all-white.

“When these concerns came up, the founders made a commitment to them that if a college were to take its place, it would be a completely colorblind institution,” Mr. Carter said. “It would be open to all regardless of race and any other factors.”

When the college did start, it actually took on many of the administrators and staff from Jason High School, some of whom after integration found themselves unemployed.

According to Beverly Weatherly, daughter of Dr. Weatherly, the founding of a community college was more than just a job for the founders, it was an all consuming passion.

“I don’t think you can imagine how much the founders loved the idea of Delaware Tech,” she said. “It wasn’t only about starting a college, it was about doing something that mattered –– something that was good for Delaware.”

Dr. Mark Brainard, center, talks with Delaware Tech founding family members Dick Carter, from left, Barbara Weatherly, Harry Terry and Mary Terry during a brunch on Tuesday. (Delaware State News/Marc Clery)

Chris Kramer caught this sheepshead at Indian River Inlet. (Submitted photo)

The weather yo-yo is still in full effect.

Hot then cool, then wet, then dry. It has been a weird month for the outdoors. Fishing has been difficult at times and great at others.

It all depends on location. Problem is that location changes and is random. Big bluefish will hit the surf and then not come back tot he same area for days or at all. The Caper Henlopen pier will see crazy morning and evening action and then nothing for a day then it blows up again. you have to be there.

That is an age-old fishing mantra, you have to be there. The other is you should have been here yesterday or fifteen minutes ago. We hear this all of the time. People will chase reports online, see a bluefish or bass blitz drive like crazy to get there, only to miss it by minutes.

The best way to avoid this situation is to go fishing and realize that catching is a bonus.

Fishing is fun, relaxing and a way to enjoy the outdoors. Chasing reports takes the fun out of the catch in my opinion. Best thing to do is put in the time and get out there.

Jim Davis caught this bluefish in the Broadkill River. (Submitted photo)

Floundering weather

Sometimes you hear the phrase, “I do this to feed my family.”

That $20,000 boat and thousands in gear is never going to officially feed your family. There are those that do feed their families by fishing, and they spend long hard hours doing so. Whether it be commercial or recreational, if you are going to fish to feed your family, it is going to be a tough road some days.

That said, the fishing is picking up now that the water is warming up faster. Would be nice to see some clearer or cleaner water. That has been an issue the past six weeks or so. Lots of rain swelling creeks and ponds, and eventually the Delaware bay and Inland bays. Then the winds that push the water around, which is good if it pushes fish towards shore and not so good when they are pushed offshore.

Flounder action is getting better and better. This has been the worst spring flounder fishing in a while and it is due to the weather. We get a day or two of decent conditions and catches and then it shuts down.

Night moves

Night fishing is picking up under lights for short striped bass at many marinas and boat ramps with lights. Up until last year it was illegal to hang a light over the water to attract fish. That was changed and now you can use light to attract fish to your boat or pier. Just shinning a light on the water will scare away fish. Putting a light out and consistently lighting up an area will attract fish in no time. bait fish show up then the bigger fish to feed on the bait fish. Back in the day this was the best method to catch weakfish in the Delaware bay.

We have sand tiger sharks in the surf now and the Delaware Bay. They are hitting any type of cut bait, especially large pieces of bunker. If you want to avoid catching sharks, use smaller top and bottom rigs with fishbites. That artificial bait is doing well now in all our waters. Lot of small weakfish, puffers, striped burrfish, spotted hake,and now spot are being caught. That is the best way to avoid the scavengers like skates and such.

Get outdoors and enjoy the day. We waited all winter for this.

Rich King’s column appears Thursdays in the Delaware State News.

Betnijah Laney

Former Smyrna High basketball standout Betnijah Laney, a second-year guard with the Chicago Sky, will miss the rest of the WNBA season with a knee injury.

Laney tore her left anterior cruciate ligament in the second quarter of a game against the Mystics on June 3.

The Rutgers grad had appeared in eight games this season for the Sky with one start.

A year ago, Laney averaged 3.0 points and 2.2 rebounds per game for Chicago. There is no timetable for her return.

Big League baseball

Felton-Harrington 4, Smyrna-Clayton 2: Pitcher Dylan Cole earned the victory for Felton-Harrington in District I Big League action.

Also for Felton-Harrington, Tyler Collins hit a triple and drove in a run.

John Barkley pitched for Smyrna-Clayton.

Local tennis

Sea Colony hosting event: The top tennis players with an intellectual disability will vie for the Inas World Tennis Championship at Sea Colony Beach and Tennis Resort in Bethany Beach next week.

The event will take place June 13-18. Players from the U.S, Australia, Belgium, Czech Republic and Italy will compete for men’s and women’s singles, doubles, mixed doubles and team honors.

Amaury Russo, Board President of Inas, the international federation for athletes with intellectual disability and the governing body of the event, will attend.

“We are so pleased to have this event hosted in Delaware,” said Russo. “We know the facility is top rate and the organization of the event is excellent. The tennis will be fantastic and I invite the community to come and see these fantastic players from around the world.”

The tournament is run under the rules of the International Tennis Federation and will be officiated by USTA professional chair umpires. Players must meet eligibility requirements set by the International Paralympic Committee and Inas. Semifinals will take place June 17 with finals and medal ceremonies on June 18.

The public is encouraged to attend the event, which is free to spectators.

Special Olympics

Del. Summer Games this weekend: Delaware’s Special Olympics Summer Games will be held this Friday and Saturday at the University of Delaware’s athletic complex in Newark.

More than 650 athletes and 100 Unified Partners (peers without disabilities) from across the state compete in six sports — aquatics, bocce, powerlifting, softball, tennis, and track and field. In addition, Young Athletes demonstrations involving children ages 2-7 take place Friday morning in the pool and on the track.

More than 200 coaches have provided training over the past two months in preparation for the competition and over 1,000 volunteers from the community and corporate/venue sponsors help make this event possible. In addition to competing, athletes have the opportunity to visit Olympic Village and Healthy Athletes where they participate in fun, educational, and health-related activities.

The Opening Ceremony takes place Friday at 12:30 p.m. at the Carpenter Center. Among the highlights of the ceremony is the parade of athletes and the lighting of the cauldron by the Outstanding Athlete of the Year, Chris Truono, of Wilmington, and the Winnie Spence Torch Runner of the Year, Det. Danielle Martin of the Delaware State Police.

The “Flame of Hope” arrives at the ceremony after traveling 160 miles over three days as part of the 30th annual Law Enforcement Torch Run for Special Olympics.

“The annual Summer Games is the highlight of the year for everyone involved,” said Special Olympics Delaware executive director Ann Grunert. “We take great pride in providing our athletes with a first-class event at which they can display their many athletic talents not only to family and friends, but their fellow Delawareans from the community. They never cease to amaze us … and inspire us.”

Dover’s Jordan Hutchins led the state in batting average, hitting .524 in the regular season and .518 when including the three playoff games the Senators played on their way to a fourth-consecutive trip to the state semifinals. (Delaware State News file photo)

Jordan Hutchins is one of the best baseball players to ever come through Dover High, according to his coach Dave Gordon.

And this year, Hutchins was the best baseball player in Delaware, according to the Delaware Baseball Coaches Association.

The Dover shortstop was awarded the state’s Player of the Year award for his senior season. He was one of six downstate players named to the All-State First Team.

Hutchins was Dover’s starting shortstop ever since the third game of his freshman year. This year, he moved into the starting rotation and rotated between pitcher and shortstop, thus making the All-State team as a utility player.

He led the state in batting average, hitting .524 in the regular season and .518 when including the three playoff games the Senators played on their way to a fourth-consecutive trip to the state semifinals.

Hutchins, who also was named the state’s Gatorade Player of the Year, is headed to play at the University of Delaware next season.

“He will go down as the best shortstop to play the position at Dover High,” Gordon said. “If anyone wants to argue with me, the numbers do not lie.
Jordan’s speed, tools, and athleticism that he will bring to the turf at Bob Hannah Stadium will give him an opportunity to play right away in the middle of the field (at Delaware). Coach (Jim) Sherman will be very pleased with the addition of Jordan to the University of Delaware baseball program, just as I was for the past four years.”

Hutchins scored 30 runs, stole 15 bases, hit nine doubles and five triples over the course of the season. On the mound he finished with a 7-0 record, 59 strikeouts and a 1.80 earned run average in 49 innings pitched.

Dover’s Garrett Lawson was actually honored twice, making the team as a pitcher and as a designated hitter. (Delaware State News file photo)

Joining Hutchins on the first team from the Henlopen Conference was Dover teammate Garrett Lawson, Smyrna’s Jared Gillis, Polytech’s Carter Chasanov, Lake Forest’s Tyler Collins and Cape Henlopen’s Austin Elliott.

Lawson was actually honored twice, making the team as a pitcher and as a designated hitter. He made his varsity debut as a sophomore before battling through an injury as a junior with the Senators.

But this year he was fully healthy and led the state in strikeouts with 94 while going 7-3 with a pair of shutouts in 11 starts.

“With Garrett Lawson, everyone witnessed the process and maturation of a young student athlete putting it altogether and performing at a very high level,” Gordon said. “He worked extremely hard during the off-season in the weight room after being injured the previous season. Garrett was a lights out pitcher for Dover and sometimes unhittable in the games he pitched.”

Lawson has signed to pitch for Delaware State University next year.

“It has been very gratifying to watch Garrett become the top pitcher in the state and it will be very exciting to follow him during his collegiate career at Delaware State,” Gordon said. “Garrett has the ability to throw four pitches for strikes and when his command of those pitches becomes even better, his ceiling will get higher.”

This was the first season Lawson got to be a full-time batter with the Senators and he didn’t disappoint. He batted .463 with an on base percentage of .608, 24 runs, 23 RBIs and a home run.

Gillis, who will join Lawson at Delaware State next season, helped lead Smyrna to its first ever Henlopen Conference Northern Division title. The four-year starter for the Eagles at third base finished the year with  a .491 batting average, a .609 on-base percentage, two home runs, 12 stolen bases and 19 RBIs.

Collins made the first team as a first baseman and became the first Lake Forest player to receive first team recognition since John Zimmerman in 1999. Collins, a senior, had the best slugging percentage of all first-teamers (.902). He batted .490 with 11 doubles, two homers and drove in 22 runs.

Chasanov was honored as a second baseman and joins his older brother Conner (2014) and father Heath (1987) as having been named first team All-State. Chasanov, a junior, had a .451 batting average, .563 on-base percentage, two home runs, 22 RBIs, 19 runs and 10 stolen bases.

Elliott, a sophomore outfielder from Cape Henlopen was the final downstate representative. He finished the year with a .449 batting average, two home runs and 20 RBI.

All-State

DBCA ALL-STATE BASEBALL TEAM

FIRST TEAM

P – Garrett Lawson, sr., Dover;  P – Joseph Silan, so., Caravel; P – Sean Gilardi, sr., St. Mark’s; C – Brock Nowell, jr., Conrad; 1B – Tyler Collins, sr., Lake Forest; 2B – Carter Chasanov, jr., Polytech; 3B – Jared Gillis, sr., Smyrna; SS – Andrew Orzel, sr. Archmere; OF – Brandon Fraley, sr., Caravel; OF – Austin Elliott, so., Cape Henlopen; OF – Chris Kramedas, sr., Conrad; DH – Garrett Lawson, sr., Dover; Utility – Jordan Hutchins, sr., Dover

SECOND TEAM

P – Ryan Bradigan, jr., Conrad; Nick Robino, sr., Salesianum; Ryan Steckline, jr., Appoquinimink; Tyler Campbell, sr., St. Georges. C – Joe Singley, sr., Archmere. 1B – Ryan Steckline, jr., Appoquinimink. 2B – Colin Lynch, jr., Archmere. 3B – Logan Gilbert, sr., St. Georges. SS – Justin Hill, sr., Sussex Tech; Zack Gelof, so., Cape Henlopen. OF – Michael Ricci, sr., St. Elizabeth; Nolan Henderson, jr., Smyrna; Maurice Parson, jr., Mount Pleasant. DH – Nick Sensabaugh, so., Delcastle. Utility – Andrew Reich, sr., St. Mark’s

HONORABLE MENTION

P – Matthew Danz, jr., DMA; Cole Dunn, so., Middletown; Austin Elliott, so., Cape Henlopen. C – Zach Miller, jr., Salesianum. 1B – Matt Theodorakis, jr., St. Mark’s. 2B – Hunter Fleetwood, fr., Lake Forest; John Weglarz, jr., Appoquinimink. 3B – Brett Nowell, sr., Conrad. SS – Zack Roseman, sr., Tatnall. OF – Donovan Simpson, sr., St. Andrew’s; Quintin Ivy, sr., Caesar Rodney; Jeff Gillis, sr., DMA. DH – Aidan Riley, fr., St. Georges; Josh Maguire, so., Salesianum. Utility – Tyler Campbell, sr., St. Georges

Player of the Year: Jordan Hutchins, sr., Dover

Coach of the Year: Matt Smith, St. Mark’s

Assistant Coach of the Year: Roger Rolfe, Hodgson