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PagelO POST-GAZETTE, FEBRUARY 25, 2011 David J. Saliba Attomey at Law June On March 10, 2009, Officer Strange was in the parking lot of a vacant restaurant performing administrative safety inspections. He ob- served a large, two-axle dump truck, operated by the defen- dant, traveling on Concord Street, a public way in Fram- ingham. Believing it to weigh over 10,000 pounds, there- fore qualifying it as a com- mercial vehicle under Fed- eral and State regulations, he signaled the defendant, and requested that he hand over his license, medical cer- tificate and the registration of the truck. The defendant was unable to provide a valid commercial driver's license and informed the officer it had been revoked. He was charged with operating a motor vehicle on a sus- pended license. Here, the defendant claims that police use of random stops, not based on any rea- sonable suspicion of a viola- tion of an administrative Can the police, without any information, randomly stop trucks on the road for safety checks. COMMONWEALTH vs. WAYNE D. LEBOEUF, JR. APPEALS COURT OF MASSACHUSETTS No. 09-P-1529 2010 Mass App. 15, 2010, Argued * October 8, 2010, Decided regulation, to effect warrant- less administrative Safety inspections of commercial vehicles, violates the law. That precise question has not been addressed in our decision. The Commonwealth's in- terest in the regulatory scheme is substantial,, seek- ing to enforce the State and Federal regulations that will ensure safe operation of intrastate commercial vehicles on the public ways of the Commonwealth, by inspection of documents that reflect that the operator is properly licensed and able to operate the vehicle safely, by inspection of documents pertaining to the vehicle, and the vehicle itself, to determine that the vehicle- is properly maintained and its cargo is safely carried. The statute furthers the Commonwealth's substan- tial interest in protecting from harm those who travel on or near its ways. ("the interstate trucking industry is regulated extensively by both [Flederal and [Sltate• agencies. Federal regula- tions alone cover such things as drivers' qualifica- tions, drivers' hours of ser- vice, inspection, repair and maintenance of trucks, vehicle parts and accesso- ries, reporting of accidents, of itineraries, safe hand- ling of cargo, transportation of hazardous materials, and a myriad of other issues"). This case says the police without and suspicion are authorized to stop any truck and investigate the truck, the driver and the cargo. The .police may not ran- domly without suspicious behavior or information stop passenger vehicles and in- terrogate the driver. Judge Stanziani made that decision years ago when he was the Judge at the Chelsea Court. • The Roman Republic of The most bitter casualty of that attack was Angelo Masina himself, abandoned in the confused retreat. His body, left lying a few yards from the steps he had 1849 (Continued from Page 8) out the high ground, every- one knew, Rome's fate was sealed. About 1,000 Italians lost their lives in that fierce opening battle. 30 officers would remain there, his bleaching bones able to be recovered only well after Rome fell. Another renowned Italian would fall late that day. Goffred0 Mameli, the 21- year-old poet of Genoa and author of the most famous hymn of the Risorgimento, Fratelli d'Italia (music by Michele N0var0), was wounded in one last desper- ate charge against the Corsini ordered by Garibaldi, one which Mameli, who had served till then as adjutant, begged to join. He did, and was wounded in the knee, lay for a month trying to recover, and died from the gangrene that had set in. That last attack also failed, leaving the French in possession of the high ground outside the walls, and Garibakli's men in posses- sion of the Casa Giacometti and the Vascello below. With- II(1 iO0 01OiCF FOH1 Garibaldi's legion alone. Manara's Lombard Bersag- lieri, often called the flower of northern Italy, also esti- mated their losses at 200. And though many conceded that Garibaldi himself had made several mistakes (he should have prepared his attacks with more cannon- fire), he emerged from the June 3rd battle more revered than ever. He had given Italians a lesson in heroism, had inspired them to a day Of martyrdom that would bear fruit, if not in 1849, then in the next decade. As Alfonso Scirocco notes, that heroic defense astonished Europe, turning "June 3 into the first of several events that made it increasingly difficult to reverse the momentum toward national unification" (Garibaldi, 165). It was this that Mazzini understood, and in the month of fighting that fol- f Boston Harborside Home oseph A. Langone 580 Commercial St. - Boston, MA 02109 617-536-4110 www.bostonharborsidehome.com Augustave M. Sabia, Jr. Trevor Slauenwhite Frederick]. Wobrock Dino C. Manca Courtney A. Fitzgibbons • , A Service Family Affiliate of AFFS/Service Corporation International ,N~I " ' ' ' ',206 Winter St., Fall River, MA 02720_ Telephone 508-676-2454: .... " ~, • ~ ',% ,rr ,,'~:", c ,~~'iJ } ,~ ~' , , ,- ~" : i ', r- t 'r ~- ~ . " . ~ ~ ~˘/ lowed, as more Italians lost their lives in what all knew was a noble but futile defense of the inde- fensible, the inspiration they gave to the rest of Italy WOIllO [ FOYE [0 Ellflll[ill 0 invaluable. AS Trevelyan puts it: Some patriots, indeed, re- gretted that the defence of Rome was ever made since it was so spendthrift of Italy's treasure; yet the treasure was profitably spent. Because men remembered and told with pride and anguish the story of the uncalculating devotion of those young lives in this hopeless struggle, there grew up, as the years went by, an unconquer- able purpose in the whole nation to have their capital: there rose that wild cry of the heart -- Roma, o Morte! -- (192) Lawrence DiStasi copyright© 2011 Lawrence DiStasi is the author of Mal Occhio: The Underside of.Vision (North Point Press: 1981, reprint with Afterword, 2008), The B/g Book of Italian A. merican Cul- ture (Sanniti Publica-tions: 1996), and Una Storia Segreta: The Secret History of Italian American Evacuation and In- ternment During World War II (Heyday Books: 2001). For in- formation email the author at: lwdistasi@sbcglobal.net." ST. JUDE AND ST. ANTHONY NOVENA May the Sacred Heart of Jesus be adored, glorified, loved and preserved throughout the world now and for- ever. Sacred Heart of Jesus pray for us. St. Jude, worker of miracles, pray for us. St. Jude, help of the hopeless, pray for us. St. Anthony, most loving protector and wonder worker, pray for us. Say this prayer 9 times a day and by the 8th day your prayer will be answered. It has never been known to fail. Publication must be promised• My prayers have been answered. .Favor received. ", ' : .~ " , :~ I rli !'ws... more than meets the eye ooeeo ooooe~oeoooooo~o~ooeeoooooooo~eo~e CARE BEARS TO THE RESCUE (DVD) Lionsgate Come to the biggest cel- ebration of the year -- the Care-a-Lot Awards -- where all the Care Bears come together to award their heroes who have spread car- ing and sharing throughout the year! Whether it's Cheer helping a baby Bobblebug build a new home, Funshine rescuing the Nimbits, or Bedtime and Grumpy stop- ping a machine from run- ning amok all over town, the Care Bears are ready for helpful hero fun in this awesome adventure! (1 hr. 5 minN.) FOR COLORED GIRLS (Blu-ray) Lionsgate Janet Jackson, Thandie Newton, and Whoopi Goldberg head up an all-star cast in a vibrant world where friends and strangers dream, fear, cry, love and laugh out loud in an attempt to find their true selves. Adapted by writer/director Tyler Perry from Ntozake Shange's ac- claimed choreo-poem, this gripping film paints an un- forgettable portrait of what it means to be a woman of color in the modern world. (2 hrs. 14 mtn ,) ELMO'S WORLD: PENGUINS AND FRIENDS (DVD) Warner Home Video Hop to it and join Elmo for thi~ rivetin~ and "ribbitin~" DVD! Learn all about frogs, penguins, and horses with three Elmo's World episodes full of animal antics. Do you like horses yay or neigh? Elmo does and he hears straight from a horse's mouth what it is like to be a horse. Elmo also find out fun and fascinating facts about frogs, like how they grow and what they eat. And chill out with Elmo and a bunch of penguins. It's animal fun for everyone! (54 minN.) WALKING ON WATER (DVD) Sony Pictures Home Entertainment Walking on Water invites you to come alongr~ see the world through of two kids as they embark on the trip of a lifetime. Luke Davis and Tyler Hallen are given the opportunity that most young surfers only dream about and this is their story about finding faith along the way. Their travels include meeting surfing's elite, including: Tom Curren, A1 Merrick, C.J. and Damien Hobgood, Bethany Hamilton, Garrett McNamara, Noah Snyder, Matt Beacham, Jesse Hines, Cheyne Cottrell and C.T. Taylor. (1 hr. 16 minN.) KATY PERRY -- THE GIRL WHO RAN AWAY (DVD) Sexy Intellectual Katy made her first album back in 2001 --- a self-titled gospel music collection. Following that effort, Katy came into her own, found her true musical identity and took off on the strength of her self-penned classic pop tunes, her dynamic perfor- mances and her refreshing strength of personality. Enjoy rare archive footage, inter- views with those who knew her best along with a host of other features. Katy is tal- ent, persistence and confi- dence! (1 hr. 11 minN.) CHAPLIN: 15TH ANNIVERSARY EDITION (Blu-ray) Lionsgate Robert Downey, Jr. cap- tures the essence of comic genius Charlie Chaplin in a compelling performance. This well-crafted portrait traces Chaplin's impover- ished London upbringing, extraordinary success as an actor and director, his troubled marriages, scandal- ous affairs, shocking exile to Switzerland and his trium- phant return to Hollywood. Downey's astonishing mim- icry of Chaplin's gait, ges- tures and accents complete a dazzlingly authentic por- trait of one of cinema's first pop culture icons. (2 hrs. 15 minN.) NATIONAL LAMPOON'S DIRTY MOVIE (DVD) Lionsgate An outrageous cut-rate producer is about to fulfill his lifelong dream to make a movie about the most offensive, dirtiest jokes ever told. As Charlie and his film- makin~ team hilariously , I struggle to write a script assemble their award-win- ning cast, the movie-within- a-movie emerges with one joke after another. Only one can take the crown for writing the dirtiest joke ever t01d, and Charlie will do whatever he can to be that king. (I hr. 31 minN.) THE LAST UNICORN (Blu-ray Combo Pack) Lionsgate In this whimsical, ani- mated film, a lone unicorn seeks out others like herself through a mystical land of talking cats and spellbind- ing magicians. In her search for other unicorns, the last unicorn encounters a cast of delightful characters as well as dangers she never imagined. During the fan- tastic adventure, she learns of friendship, love, and most important, her true self. (1 hr. 33 minN.) O'JAYS LIVE IN CONCERT {DVD) MVDvisual R&B legends the O'Jays, Eddie Levert, Walter Williams, and Eric Nolan Grant celebrate the group's 50a year in music by having their live performance at the Bergen Performing Arts Center recorded. Check out all their hits included in this high-definition video. Memorable songs including, "People Get Ready/Love Train," "Backstabbers," "For The Love of Money," "Use Ta Be 'My Girl" and "Let Me Make Love to You."