The Issue:

Now Hold On a Just Minute Here: When Pepco goons with chainsaws showed up and began chopping down the 400 trees, the Palisades Citizens Association (PCA) was pissed. "Pepco was springing it on the neighborhood without any prior consultation," Spence Spencer, the association president, said. He and his neighbors were concerned that losing the trees on MacArthur would "de-nude whole blocks" of a street that is one of the few in D.C. with a tree canopy. He says a letter of concern to Pepco went unanswered. It was only after Mayor Adrian Fenty made a visit to the Palisades in October that Pepco began to listen. According to Spencer, Fenty "basically" said: "Look, Pepco, you guys have gotta come up with a more tree-friendly approach." Fenty imposed a moratorium on tree work until a plan was approved by the PCA.

It's All Good: According to Pepco, the Palisades tree canopy was responsible for over 100 hours of lost power in the neighborhood in 2007 and 2008. Pepco media representative Clay Anderson said that the District asked Pepco to improve reliability, and that Pepco has been paying attention to the community all along. "We're pretty much okay with the folks out there now," he says of the beef. The company submitted two plans to the PCA last week—one that had little tree pruning on MacArthur, and one that had none.

What's Next: It's up to Palisades residents to decide. "We're evaluating what on the face looks like a positive proposal, even though it took Fenty to get them to pay attention to community," says Spencer. For the moment, Palisades folks are assuaged, according to Spencer, but "there needs to be a long-term dialogue about this. They've got a two-year cutting cycle on trees," he says, "so best case, all that we've done is forstalled what might be another round of mass cutting of trees in the Palisades two years from now."

Photograph by Darrow Montgomery.

*photo by Darrow Montgomery.

"For a few hours there it actually looked like Bobby Pittman (a well known local gadfly) might be able to stop the Festival through last minute bureaucratic tie ups (NB, [nothing] is wrong with checking signatures, but this was a dirty Bobby move at the last minute). In the end Bobby did not get his way, and the Mayor's office allowed the Festival to proceed. But I'd like to send out a personal Evil Eye to Bobby on this one.  If you really hate seeing all this great stuff on H Street, maybe you should just move dude. Bobby, you have gone on some Don Quixotesque crusade of harassing local businesses (including, but not even close to limited to: Rock and Roll Hotel, the Pug, and the Atlas Performing Arts Center [!]). Aside from the one time I saw you planting flowers on H Street, acting as the PSA 102 Coordinator, and a few other very isolated incidents, I've yet to see you do anything to positively contribute to life on the H Street Corridor, or on Linden. It's one thing to want the laws enforced, and to want good neighbors (both admirable qualities and pursuits). But what you are doing is unacceptable in my opinion, and I hope that others who agree will tell you so to your face. I certainly intend to do so the next time I see you. Until then, Evil Eye to you Pittman."

Barry Farm (Re)mixed expects water rates to go up starting October 1.

Greater Greater Washington has the three finalists up for a public art installation in Adams Morgan.

The Georgetown Metropolitan is urging a Save the Circulator campaign:

"GM was informed that Jack Evans has stepped in to give it another chance and try to convince the Mayor to keep the Wisconsin branch of the Circulator. But now it really is up to us. Please, if you have just one minute, email the Mayor at Adrian.Fenty@DC.gov and let him know that Georgetown has suffered more than enough cuts in its bus service, cutting the Circulator in half would be unfair and short-sighted."

The New Teacher On The Block reports on cutbacks in teacher aides in their classroom:

"However, DCPS is bent on not being able to do anything right, and, as such, they made a decision today that immediately negatively effected my classroom. DCPS has decided to discontinue contracts employment agencies held to supply aides to DCPS classrooms.

These contracts came about in the summer of 2008, when the requirements for assistants changed and many aides were fired for not meeting the requirements. It is my understanding that DCPS was scrambling to find qualified people in a short period of time, and therefore turned to these contract agencies to find aides for the classrooms. All of my classroom aides last year were contractors and 3 of my 4 this year are contractors. However, for whatever reason (probably money) DCPS has decided mid-stream to discontinue this relationship and they want the contractors out. Thus, they are moving them to the most high-need schools in an effort to cover until they hire more people, and then they're getting rid of them. Not sure how this makes sense...but whatever. It's DCPS- who the crap knows?"

U.S. District Court Judge Emmet Sullivan had ordered the city's attorney general to submit a sworn statement explaining the evidentiary problems in a Pershing Park case. Nickles and OAG attorney Tom Koger submitted their statements on August 12 [read their statements in full].

This week, Patterson sent a letter to Sullivan outlining the various factual problems she had with Nickles' statement. Now comes Mendelson writing to Nickles. Mendo points out several mistakes in Nickles' statement to Sullivan.

All of the errors are both obvious and unnecessary. The take away:  Does Nickles really care about the Pershing Park case? Should he be the one leading an investigation into the missing and botched police evidence?

Mendelson tells City Desk that he is undecided on whether to open an investigation. But he says there will be oversight hearings on the controversy.

"What troubles me besides the hot water the city is in with Judge Sullivan, what troubles me is we repeatedly have these problems with getting accurate information," Mendelson says, citing the DeOnte Rawlings shooting case and the Fire Truck dustup.

Mendelson says the council will be looking into the missing evidence in the Pershing Park case.

Now on to the letter.

Nickles had claimed to Sullivan that the D.C. Council had rebuffed efforts by the Fenty Administration to allocate money for a "District-wide document management system that also would have addressed OAG document management needs."

In his letter, Mendo points out that his Judiciary Committee oversees the OAG and, well, the need for a new document system has never been brought to his attention during oversight hearings.

Mendo goes on to quote Nickles' own statements during oversight hearings from April 4, 2008 and March 26, 2009. In the March testimony, the AG concluded his statement with this: "We are grateful that the Mayor, the Committee, and the Council support our important work and that this budget allows us to continue our operations."

Mendo points out that on page "A-162 of the FY 2009 Proposed Budget and Financial Plan for the Office of the Attorney General," there is a one-line entry for an electronic management system costing $400,000. He writes that the proposed $400,000 managment system was left in tact by the Council. "It is funded in the current fiscal year," Mendelson states.

Another graph in Nickles' statement stumped Mendelson. Nickles wrote to Sullivan:

"I am disappointed to report that for Fiscal Year 2009 the Council reduced the OAG budget by over two million dollars, and for Fiscal Year 2010, the Council reduced the OAG budget further by almost three million dollars, which certainly will result in a reduction in force of present staff."

Mendo's response: "These statements are also incorrect." He points out that the council adopted Fenty's FY2009 budget request for the OAG "without reducing it one cent." Even the revised budget did not reduce Nickles' budget. He goes on to detail the FY2010 numbers:

"The Council's actions regarding the FY2010 budget are more complicated, but the total OAG budget will be about 3.5% greater than FY2009. This increase includes $315,000 which the Council added---above the Mayor's request---to fund non-personal expenses related to litigation support."

Mendelson goes further. But the conclusion is this: Nickles' claims that OAG's budget got cut or will get cut are false. "The bottom line is that the Council did not cut $3 million from the OAG's FY2010 budget, the OAG's budget will grow in FY2010, and the OAG's litigation support budget will grow," Mendelson wrote.

IN CASE YOU MISSED IT---"Councilmember Barry: What Did Sharon Bowen Actually Do?"

Morning all. First, local legendary singer Eddie Daye passed away late last week. Our own music blog has posted a sweet tribute to the man and his talents. He was 78. Key graph: "While those online and crate-digging fans may cherish copies of his obscure singles (some of which have been reissued on cd), I will just keep my memories of those fun late nights out seeing him sing bluesy soul and my conversations with him about his musical career and his take on 50 plus years of r’n’b history."

SUMMER FINALLY COMES TO D.C.: The heat is upon us; today, temps are expected to climb into the triple digits. WTOP reports that the District is opening up several cooling centers and extending hours at area pools. WJLA and NBC4 also has a story on the heat wave. AP has another story, this one one the opening up of a new aquatic center in Tenleytown.

A MUST READ FROM COLBY KING: On Saturday, Colbert King published an eye-opening column on disorderly conduct arrests by D.C. Police officers. Citing records from the Office of Police Complaints, King produces a few stunning accounts of police abusing "disorderly conduct" charges against District residents. One of the many key graphs: "Residents are arrested in D.C. for disorderly conduct in large numbers: nearly 5,000 in 2007, more than 4,200 in 2008 and 4,469 this year as of Aug. 5. Many are probably arrested for good reasons: noise violations, blocking public spaces, etc. But, as in the Gates arrest, some busts never make it to court."

FENTY'S DRIVING RECORD: WaPo cites several sources critical of Mayor Fenty's insistence on driving himself to various ribbon cuttings, press conferences, etc. Nikita Stewart notes in her lengthy piece that no other big city mayor drives themselves around. Key quote: "I think it's curious that he's driving himself," said D.C. Council member Phil Mendelson (D-At Large), chairman of the Committee on Public Safety and the Judiciary. "Why not have the security detail . . . when you have an accident like this past week?" Outside experts from other cities say security should be a top priority, and we're not paying Fenty to drive around, we're paying him to make decisions and think critically about the city's needs---we don't want him spending his time worrying about getting across town.

AFTER THE JUMP: More revelations on the Metro front, Jonetta sticks up for AG Peter Nickles, and much, much more.

HAWK ONE: The ubiquitous private security firm is trying to save its District contracts, the Examiner's Michael Neibauer reports. Expect some kind of media blitz by Hawk One managers to save their contracts. A bit of news in this story: "Ward 6 D.C. Councilman Tommy Wells, a former school board member, said he wanted to consider hiring security officers as employees of the city government, rather than as private contractors."

METRO PROBLEMS: Here's some quick links. WaPo continues to be all over this story. The crash system failed in June during a near crash: "The crash-avoidance system suspected of failing in the recent deadly accident on Metro's Red Line malfunctioned three months earlier, when a rush-hour train on Capitol Hill came 'dangerously close' to another train and halted only after the operator hit the emergency brake, newly obtained records show." AP follows up. Metro's oversight panel has little sway, WaPo reports. Key graph: "The committee has no direct regulatory authority over safety and cannot order Metro to make changes. It has no employees of its own and no dedicated office, phone or Web site. It borrows space for its monthly meetings, which officials said no member of the public has ever attended." WaPo also reports that a Metro worker died Sunday after being struck by a piece of track equipment.

Jonetta Rose Barras stands up for AG Peter Nickles. This is one of the more phoned-in columns I've seen in a while. Key graph: "He has aggressively defended the city against lawsuits, saving taxpayers tons of money. He has protected citizens against corporations and individuals who have attempted to rip them off or deny them their rights. His office battled CareFirst over its alleged failure to invest profits in the health care of low-income people. He jacked up slum landlords and private companies scamming black churches. He pushed for improvements in Child and Family Services and, with the council, defended the city’s gun control laws." Nickles may or may not have pushed for improvements with CFSA---but he has most certainly pushed to get CFSA out of its court oversight as the agency continues to fail to meet its benchmarks.

MAYOR'S SCHEDULE:

10:30 a.m. Remarks
Alice Deal Middle School Ribbon Cutting
Location: 3185 Fort Drive, NW

2:00 p.m. Remarks
Bruce Monroe Elementary School Demolition
Location: 3012 Georgia Avenue, NW

6:30 p.m. Remarks
2014 Gay Games Kickoff Rally
Location: Stead Field
1625 P Street, NW

After the jump: more things that happened yesterday, but with bullet points!

• Like the swallows to Capistrano, so return corrections to the New York Times' Cronkite obit.
• Kappa Alpha sigh. Next year: Vegas!
• It would be funnier if this said "GREGRY"
• Bad teams...win close games?
• Also: It's raining!

IN CASE YOU MISSED IT---"Barry, Staff Critical Of Ex-Girlfriend's Work", ""Pershing Park: Another Piece Of Evidence Goes Missing; One Cop Speaks Out," "Complaint No. 09-109484: Fenty's Traffic Accident Report," "More On The Fenty Accident Report."

Morning all. Let's get to it. FOIAs are starting to come back regarding Barry's suspicious contract work. WaPo provides a sweet overview of Barry's contracts. The upshot: Barry spent way more than his fellow councilmembers on contract work and the results of that work are ambiguous. It's like he operated a temp agency out of his office. WaPo writes: "Newly released documents show that from fiscal 2007 to 2009, Barry's office spent more than $252,000 on outside contracts, eclipsing the second-biggest spender, Kwame R. Brown (D-At Large), whose office spent $45,000....Barry (D-Ward 8) paid for a variety of consulting services, media relations assistance and temporary workers. Some of the work appears to have little connection to city business. One consultant hired to address poverty in Ward 8 lived in Ohio." WaPo also published a piece on the saga between Barry, his ex-girlfriend Donna Watts-Brighthaupt and Delonta Brighthaupt. This time the story is told via e-mails between Barry, his ex and her ex-husband. What you need to know: If you are a councilmember or are thinking about becoming a councilmember, do not hire your girlfriend. It should be noted that days before Barry was arrested on stalking charges, Watts-Brighthaupt had rejected the councilmember's latest contract offer.

CAR ACCIDENT CHRONICLES PART ONE: This past Sunday's fender bender is becoming a minor controversy for Mayor Fenty. WaPo notes that the police report not only contradicts Fenty and Co.'s public accounting of the crash but appears to show D.C. Police officers violating their own procedures. Weirdest detail: the report was taken by a member of Fenty's security detail and not a regular beat cop. Key graph: "Spokeswoman Mafara Hobson wrote in an e-mail Sunday that 'a vehicle ran a stop sign and pulled out in front of the Mayor's vehicle, causing a collision.' But the accident report indicates that Fenty's Lincoln Navigator was the "striking vehicle" in the crash with the Nissan Pathfinder, driven by James Utt Jr., 19." We have the police report/collector's item.

CAR ACCIDENT CHRONICLES PART TWO: News crews, Fenty and others were about to start a press conference at Penn and Alabama Avenues SE when two cars collided in a bad accident. Citizens and politicos rushed to the scene to help. NBC4 has footage, interviews with one of the drivers and a shocked looking Fenty. WJLA has more: "Fire officials say the two-car crash occurred around 4 p.m. when witnesses and people passing by became first responders. After the crash, people ran to a smoldering Cadillac and battled to get the two people trapped and injured inside to safety away from the vehicle." WaPo has an account as well; the mayor's press conference was canceled. Fox5 was there, too.

PRIVATE SECURITY LOSES DISTRICT CONTRACT: The Examiner's Michael Neibauer reports that Fenty is moving to cut out Hawk One from city contracts. Hawk One security guards are the ubiquitous greeters/wanders at various government buildings and public schools. Hawk One has lost one city contract and is expected to be out as the school security force as well. Key graphs: "The company has fared poorly since winning the job in 2005, District officials say. Employees in government buildings are poorly supervised, inadequately trained and armed, and ineffective at checking people, city officials say. In the schools, Hawk One personnel have struggled to contain violence and have a history of fraternizing with students. 'Their performance was just not up to standards,' one city leader said. 'They did themselves in.'"

AFTER THE JUMP---Jonetta on the hydrant problem, the WaPo editorial board weighs in on Pershing Park, and some serious fiscal policy.

PERSHING PARK: WaPo's editorial board gently nudges AG Peter Nickles to get to explain the problems in a Pershing Park case languishing in U.S. District Court. Last week, a federal judge slammed the OAG's inadequate response to discovery and promised painful sanctions. By our count, this is the third time a federal judge has recently taken OAG to task. Judges have rebuked Nickles and Co. in the CFSA case as well as a Special Ed attorney case. This case stems from the September 27, 2002 mass arrests in Pershing Park. Key newsy graph: "Mr. Nickles told us that he is taking the judge's admonition to heart. He has blamed the city's inability to properly manage records during discovery on a chronic lack of resources, but he said he is reserving judgment on exactly what went wrong in this case until he knows all the facts. It's encouraging that he enlisted former federal judge Stanley Sporkin, who is offering his considerable expertise on a pro bono basis, to advise him." The editorial board suggests Fenty settle the case, and if the the problems aren't cleared up by Nickles, it states that the court should get involved---not the D.C. Council. The editorial states that the D.C. Council isn't fit to investigate since many have already "prejudged the outcome."

HYDRANTS: The Examiner's Jonetta Rose Barras believes Peggy Cooper Cafritz and her neighbors should sue over the faulty hydrants. It's the only way to get some straight answers on the matter.  Key graph: "What's there to investigate about the fire that destroyed the home of former D.C. Board of Education President Peggy Cooper Cafritz on Chain Bridge Road? Either fire hydrants worked or they didn't. Either the water pressure was adequate or it wasn't. It's just that simple. But the D.C. Water and Sewer Authority and fire department are doing the butt-covering dance."

D.C. BUDGET: The DC Fiscal Policy Institute provides a great overview on the District budget and the D.C. Council's moves to make up for the revenue shortfalls. Key graph: "On the positive side, the Council saved programs crucial to the city’s safety net from the chopping block and avoided even deeper funding cuts by raising revenue. Yet some of the tax increases are regressive, meaning they will have a greater financial impact on moderate and low income DC residents."

WHEN SNAKES ATTACK: WJLA/News Channel 8 are reporting that two Southeast residents have been bitten by poisonous copperhead snakes! Key graph: "Forty-eight-year-old Angela Bradford was walking her dog last week when something brushed against her shoe. She bent down to see what it was, and a snake bit her finger. Bradford took a picture of the snake with her cell phone, and doctors determined it was a copperhead. She underwent anti-venom therapy."

IN CASE YOU MISSED IT---"Jack Evans Says He Still Supports Peter Nickles," "Councilmember Alexander Raises Concerns Over AG Nickles."

Morning all. Last night may have been National Night Out but for Mayor Fenty, it's Greek Week. WaPo breaks the stunning news that the District government actually paid the $37,000 tab for his Kappa Alpha Psi's welcoming party. The bash was held on Monday night and featured an open bar, crab cakes, red velvet cupcakes, and jazz bands tooting on two floors. The Post makes no mention of beer bongs and togas. The Office of the Deputy Mayor for Planning and Economic Development had put out the dough via a grant. AG Peter Nickles apparently has forced Fenty and Co. to reimburse the city for the shindig. But Nickles swears Fenty knew nothing about the city's involvement. Key graphs:

"Attorney General Peter J. Nickles said he looked into the matter Tuesday morning at the request of the mayor. 'I concluded immediately that this was not proper,' said Nickles, who said the society reimbursed the money that morning.

Although the mayor attended the affair and was on stage as fraternity members thanked him for paying for the event, 'he didn't put two and two together that this was money that had come from the city,' Nickles said."

SEX ED NEWS: The District plans to expand its STD testing program into all public high schools. WaPo has the full story on this progressive move. There are plenty of reasons to do this. Key graphs: "The program conducted last year at eight high schools found that 13 percent of about 3,000 students tested positive for an STD, mostly gonorrhea or chlamydia, according to the D.C. Department of Health. The expansion places D.C. public schools in the vanguard of a growing number of urban school districts that test adolescents for STDs. About 12,000 students attend public high schools in the District." The news came within hours of DC Appleseed releasing its report card on how the District is dealing with the HIV/AIDS crisis (for public education, the District received a C+). WaPo covers the DC Appleseed's findings noting the overall positive scores: "But the report took Mayor Adrian M. Fenty (D) to task for failing to give the disease more visibility. 'While Mayor Fenty and his administration deserve recognition for the continued support of . . . numerous HAA initiatives, his public appearances and statements about the epidemic have fallen short of his enthusiasm for action inside the government,' it said."

THE NEW YORK TIMES IS ON OUR SIDE: The paper's editorial board comes down hard against Congress and its attempts to meddle in our needle exchange program. The editorial dubbed the meddling an "outrage."

NATIONAL NIGHT OUT: As we mentioned above, National Night Out happened. This meant another All-Hands-On-Deck effort from the D.C. Police Department. Police visibility was high! But News Channel 8 reports that the District still endured at least one violent incident. Three people were injured during a shooting in Southeast shortly after 10 p.m. News Channel 8 reports: "Fire officials say two 38-year-old women and a 17-year-old boy have each been shot in the leg."

AFTER THE JUMP: A power outage, more Metro news, Harry Jaffe pens a quick profile of the judge in the Pershing Park case, and much, much more.

Fox5 covers a power outage that left one Northeast neighborhood without electricity for most of yesterday. Three utility poles had crashed to the ground. Key graph: "The downed lines were a health hazard for some. One 7 month old who suffers from a heart condition was taken from his apartment complex, which had no electricity for hours."

METRO: Yesterday, Metro General Manager John B. Catoe Jr. begged a Senate subcommittee for more money. WaPo reports: "Metro, the only major transit agency without a source of dedicated funding, says it needs more than $7 billion for capital projects over the next 10 years to offer safe and reliable service." Catoe stated that without additional funding, safety as well as service would decline. Bonus graph: "Catoe used a question from Menendez about what lessons he has learned from the crash to sharpen his request for more money. He noted that the oldest Series 1000 train cars are less crashworthy than the newer cars, which he said "did not cause the accident but had an impact on the amount of damage that can be done." All six of the cars on the train that struck the one ahead of it were from the old series."

FBI RAID: Yesterday, the feds raided a health clinic in SE as well as a medical supply company. The agents are looking into allegations of medicaid fraud. WUSA9 reported that a number of patients had to be turned away while the agents did their work.

STaTter 911 raises some good points over the on-going issues with the hydrants:

"Councilmember Jim Graham announced Friday he will hold a hearing on September 16 to determine what went wrong at the fire last Wednesday night at the Chain Bridge Road mansion of former DC Board of Education president Peggy Cooper Cafritz. The Ward 1 councilmember is trying to determine why it took the DC Fire & EMS Department almost two hours to establish a reliable water supply to combat the fire.

Mayor Adrian Fenty has asked the fire chief and the DC Water & Sewer Authority (WASA) for reports this week on what happened and how to correct the issues.

If this sounds familiar, it should. In late 2007, Councilmember Graham held a series of hearings looking at the serious water supply issues that became apparent during a four-alarm fire that destroyed an apartment building in Adams Morgan on October 1 of that year. The Fenty administration also ordered an investigative report into the problems that occurred during that fire.

So what happened to the report?"

YOU DON'T MESS WITH U.S. DISTRICT COURT JUDGE EMMET SULLIVAN: That's the gist of Harry Jaffe's new column in the Examiner. Judge Sullivan is presiding over the controversial Pershing Park case and has called on the D.C. Council to investigate possible wrongdoing in which evidence has either been lost or destroyed or messed with. Key graph: "Three different presidents put Sullivan into three different judgeships: Ronald Reagan appointed him to Superior Court; George Bush (41) moved him up to the federal court of appeals; Bill Clinton nominated him to the federal district court in 1994. From the streets of his home town to the federal bench, friends and lawyers have learned one thing: 'Don't cross the dude.'"

FENTY'S SCHEDULE:

10:00 a.m.
Remarks Savoy Playground Installation Kick-off
Location: Savoy Elementary School
2400 Shannon Place, SE

3:45 pm Remarks
Appleseed HIV/AIDS Report Card Announcement
Location: J’s Barber Shop 3845 Pennsylvania Avenue, SE

IN CASE YOU MISSED IT---"Pershing Park Case: Now It's All About The Coverup; Nickles Faces Huge Test In U.S. District Court," and "Councilmember Cheh Calls For Nickles To Resign."

Morning all. LL has biked to Dewey Beach leaving me to takeover the LL Daily franchise for a week. LL was kind enough to e-mail me a handy rundown of what he does to fuel this beast. I am no LL. So please, take it easy on me. It's also August.

Mayor Fenty was involved in a car accident on Sunday evening. Thankfully, he wasn't driving his Le Car. Fox is reporting that "No injuries were reported in the crash on Broad Branch Road in northwest Washington. A spokeswoman for Fenty says he was behind the wheel of a sport utility vehicle when another vehicle apparently went through a stop sign and pulled in front of the mayor's SUV. There was minor damage to the vehicles." (WTOP has same).

Columbia Heights is again the focus of a potentially controversial shooting. WJLA is reporting that a Special Police Officer (i.e. a private security guard) shot and killed a resident during a confrontation on Friday night. WUSA9 is also on the story. The D.C. Police Department has issued more info on the shooting via a press release:

"At approximately 9:06 pm on Friday, July 31, 2009, officers from the Third District responded to the 1400 block of Girard Street, NW, to investigate the report of a shooting. Upon arrival they discovered an adult male lying in front of a building at that location suffering from an apparent gunshot wound. The victim was transported by personnel from the DC Fire and Emergency Medical Services Department to an area hospital where he was pronounced dead.

The decedent in this case has been identified as 31-year-old Michael Dwayne Parker of the 4000 block of Livingston Road, SE.

A preliminary investigation into this case indicates that the decedent may have been fatally shot at the above location during an alleged confrontation with a Special Police Officer employed by a private company. It must be noted that all of the circumstances surrounding this case remain under active investigation and that all facts will be subsequently presented to the United States Attorney’s Office for their review."

Last week, the D.C. Council gave its OK on that huge hotel development near the Convention Center. The Post offers a fine rundown of the development's lengthy backstory and its major selling point---that it may revive Shaw. Key graph: "The hotel, promised when the District broke ground on the convention center in 1998, will stretch more than 1 million square feet at Ninth Street and Massachusetts Avenue NW. It will rise 14 stories, a mix of modern glass and steel and brick dating to 1916 in a design that incorporates the old headquarters of the American Federation of Labor, a landmark building on the otherwise vacant property." Honestly, how many major projects does it take to develop Shaw? Not sure if a big shiny hotel is it.

The D.C. Council also voted to increase unemployment benefits (Washington Business Journal, WTOP , WJLA, NC8).

Hope and change remain the main narratives on the education front. The Post's Bill Turque breaks down the different groups taking over a number of District public schools this coming year. NYC's Friends of Bedford is set to takeover Coolidge and Dunbar. Friendship Public Charter Schools is taking over Anacostia High. Key graph: "Experts say one of the lessons learned is that starting a school from scratch is usually easier than taking control of an existing one, where political feuds, bureaucratic inertia and scar tissue from past reform attempts can make change difficult." And then there's this: "Friendship and Friends of Bedford will face that challenge at Anacostia, Dunbar and Coolidge. Although they have autonomy on matters of curriculum, instruction and teacher professional development, the schools' staff." Meanwhile, the Post reports that MOCO expanded its summer school programming.

AFTER THE JUMP: More Fedex Field controversy this time over this past Saturday's Paul McCartney show, an upcoming hearing is scheduled over the fire hydrant-water-flow issues, and so much more!

News Channel 8 reports that another Metro bus driver has been arrested. This time for driving on a suspended license: "Carletta Douglas was arrested Thursday in the District after a traffic accident. Douglas was driving a 92-line Metrobus on Good Hope Road near 25th Street SE when another vehicle hit her bus, police said. A Metro spokesman says 35 passengers were on the bus at the time. One passenger complained of neck pain was taken away by ambulance." This is not Douglas' first arrest: "Publicly available court records show Douglas was charged with second-degree assault in November 2001, nine months after she was hired at Metro. It's unclear how the case was resolved.... Thursday's arrest was the second in one week of a Metrobus operator. On Saturday, Michael Robinson, 41, was arrested on a kidnapping charge after he allegedly refused to allow a passenger to exit the bus."

There were huge issues getting into Saturday's Paul McCartney show at FedEx Field. WTOP reports: "Delays of over two hours forced the concert to start over an hour late so people could get into their seats. Zack Bolno, Executive Director of Communications for the Washington Redskins said the backup was because most people were only using one entrance and that four other entrances to the stadium were under-utilized. 'This was a new audience unfamiliar with the stadium.'"

The Washington Times has a nice puff piece on Legg Mason. Apparently, the tournament is stronger than ever in recruiting tennis' top tier talent.

FENTY TODAY: 2:00 pm
Remarks Hillcrest Play Courts Ribbon Cutting
Location: Hillcrest Play Courts & Recreation Center
3100 Denver Street, SE

3:15 pm
Remarks All Hands On Deck and National Night Out Announcement
Location: 18th and M Streets, NE

"This week, D.C. Mayor Adrian Fenty will be finalizing plans to address the District’s new $340 million revenue shortfall. We need to send him a message right now that he should protect key services — especially the safety net — as he works to balance the budget. In particular, we need to urge the Mayor to tap DC’s rainy day fund and to raise revenues — as more than half the states have done this year."

The letter reads in part:

"Addressing the new revenue shortfall will require the District’s leaders to make increasingly difficult budget decisions. Falling revenue collections already required $800 million in budget-saving measures in the FY 2010 budget, including cuts in virtually every DC agency. The new shortfall — totaling $340 million in FY 2009 and FY 2010 — means that an even wider range of gap-closing options will need to be considered."

The letter goes on to list various ways Fenty could save money such as tapping into the rainy day fund, the Nats stadium fund, and imposing a new sales tax on concert tickets. You can check out the letter here.

This morning in U.S. District Court, Judge Thomas F. Hogan took up the on-going legal battle over the District's Child and Family Services Agency. At issue was whether or not the agency could be held in contempt. Hogan devoted much of his consternation on the how the District went about picking Dr. Roque Gerald (pictured) to head up CFSA.

At the time of Dr. Gerald's selection, City Desk questioned whether the District violated Hogan's order. We wrote:

"Last fall, U.S. District Court Judge Thomas F. Hogan issued an order stipulating a series of directives. One of those stipulations involved the future selection of a permanent director at CFSA. On Tuesday, Fenty announced his selection of interim director Roque Gerald to take over in a permanent capacity. Hogan had stipulated that “the Court Monitor and Plaintiffs will be included in the selection process for the permanent Director.'...

The Plaintiffs–Children’s Rights–say they were never consulted during the selection process. “We were not included in the process and I think given the problems the agency has had over the last several years the choice of the director was critically important,” says Children’s Rights Executive Director Marcia Robinson Lowry. She adds that this violated the court order."

While Gerald has gotten high praise from child advocates and has definitively saved the agency from the fallout over the Jacks case, Hogan suggested today that the city had indeed violated his order. Hogan dubbed the city's following of his order a "blatant" failure. Maybe he too doesn't like Fenty's secretive m.o.

The bulk of the nearly two hour proceedings over the contempt motion did not center on Gerald's selection. Instead, Children's Rights and the city's attorneys debated whether or not CFSA had made significant progress in helping kids in care. No kids testified. It was all lawyers debating the whether or not the agency had cleared various benchmarks.

Children's Rights' Lowry showed charts proving that the agency had failed to meet the majority of those benchmarks which covered everything from staff training to placing kids in foster homes. She told the court that the agency had "not yet reached a level where they are protecting children."

Lowry provided a staggering timeline of accepted benchmarks and the agency's slow and often negligent response dating back several years. She stated that CFSA had only met 15 out of the 68 benchmarks. This was just a mere snapshot of the agency's problems which were detailed in a recent court monitor's report.

Lowry's testimony touched on the court monitor's findings that fewer and fewer kids are leaving the system through adoption. The monitor also reported that a huge number of children and youth are living in unlicensed foster homes or facilities.

"As of January 31, 2009, there were 1575 children in foster home placements. Of the 1574 children, 74 (5 percent) children were placed in foster homes that exceeded their licensed capacity. Additionally, there were 178 children placed in group homes as of January 31, 2009. Of the 178 children, 39 (22%) children were placed in group homes that exceeded their licensed capacity of 8 children...."

The monitor also reported that of the 1007 foster homes where children were placed, 10 percent of those homes did not have current and valid licenses. Prior to the hearing, Children's Rights had flagged other aspects of the monitor's report---chief among them was the agency's alleged overuse of group homes and residential treatment facilities as housing options for children in care as well as how quick the agency investigated neglect/abuse allegations.

Again, this was a short hearing. City Attorney Ellen Efros kept her points short. She emphasized that the agency had made progress but that the benchmarks were too old and too tough to actually meet. She argued that the standards are lower in other cities---in other words, why can't we just lower our standards? Efros, though, could not cite any other jurisdiction's standards.

At one point early on in Efros' testimony, Hogan interrupted her and sounded an exasperated note: "We've been at this since 1989."

Hogan was referring to the agency's rollercoaster history---the inception of the class-action case, subsequent receivership and bumpy road since the city agency shedded court oversight in 2003. Hogan did not at all seemed pleased with Efros' attempts to jettison benchmarks that didn't fit her theory of a fit agency and denounce other benchmarks as too harsh.

"It seems...oversight by the judiciary is important," Hogan later stated.

Still, Hogan declined to rule on the contempt motion. He says he is keeping it under consideration. The next hearing is set for July 20.

As he left the courtroom, Gerald had no comment.

Prior to the hearing, Lowry talked about the problems with the city warehousing kids. "The placement process in the District is extremely hit or miss," she said. "There is not a real effort to develop the kinds of resources that the kids need and certainly there’s a very slipshod process about where the kids should go. There’s no question, there are too few appropriate foster homes and too few foster homes all together."

Lowry says the city needs to invest in a real plan. "I don't think there's anything approaching long-term planning," she explains. "One thing that's so alarming about the course that they are now on---they don't have any long term plans for the agency and certainly their aspirations for the agency are very insufficient."

The one thing you don't mess around with in a tragedy is the body count. But yesterday morning during a press conference on the metro crash, Mayor Adrian Fenty did just that. Even though Metro and the Fire Department had confirmed that nine passengers had died in the Red Line accident, Fenty overruled those officials and confused everyone. Fenty decided presumably on his own that in fact only seven were confirmed dead.

Shortly after the press conference, the body count rose back to nine.

City Desk tried to figure out the discrepency yesterday. Was it a matter of government sources getting ahead of themselves? Was it simply a matter of confusion at the crash scene? Today, the Washington Post published a story which reveals the source of the mix up: Fenty.

The Post reports:

"The confusion over the number of casualties -- even as Fenty stood with Metro officials at the news conference -- emerged as a particular sore spot. A Metro source, speaking on condition of anonymity, said officials were debating whether they should count those dead people who had not been pulled from the wreckage, and Fenty apparently decided that he should not.

'It indicates that we're not really on top of it if we can't count to nine,' said Tony Bullock, senior vice president of Washington-based Ogilvy Government Relations, who was press secretary to Anthony A. Williams (D) when Williams was mayor.

Fenty said in an interview that he was using 'an abundance of caution' in releasing information and that he might have overdone it. 'Obviously, there's always things that could have been done differently,' he said."

*photo by Darrow Montgomery.

Confirms nine fatalities, the final count. "As a government and as a city" there are only four people whose identities have been confirmed.

Three of the four are residents of the District of Columbia. One lived in Hyattsville. Fenty contacted three of the four families personally. Says can't imagine the "horror and disbelief" of the families.

Fire department has completed its work as the lead agency. Debbie Hersman and the NTSB will now become the lead agency in this matter. Fenty thanks the feds for making all kinds of resources available.

Next up at the mic is D.C. fire Chief Dennis Rubin. He says that fire and EMS and various agencies have done an "absolutely incredible job" of doing their thing. Highlights---timeline begins at 5 pm, had units on location within six minutes. "Obvious this was going to be a major national event." Then they did coordination with inbound agencies. First injury person was transported 21 minutes later; last person was transported 6 hours and 51 minutes later.

Command was transferred at 1 pm. Fifty-one people that fire department treated.

"We've been busy," says Rubin, noting that there've been other fire events over this period.

Rubin, on an editorial comment here, handles himself pretty well in these moments. He has stumbled in a lot of ways since taking over the fire department but does well in front of the press.

Fenty back at the mic, saying that a grand total of eight of the nine fatalities have been identified. Two of them were David F. Wherley, Jr., former commanding general, Joint Force Headquarters, District of Columbia National Guard, and his wife Ann. Fenty said of David F. Wherley: "As fine a public servant, dedicated to the United States of America" as you'll ever find. Military is in "complete shock," says Fenty.

Now it's Metro General Manager John B. Catoe on the spot: He's saying mostly procedural stuff, talking about handing over all information to NTSB and thanking fire department for quick response. Not much here.

Now it's Jim Graham, talking about the 2 pm meeting today. He's saying there'll be another meeting Thursday. First specific action is that there's an amergency hardship relief fund and dedicated $250,000 to the kitty. It's for responding to immediate human needs. Graham says that it's not about a settlement. Will be "refining" this matter in the coming days. Also, statement: We are aggressively seeking to replace the 1000-series rail cars, which were purchased between 1974 and 1978. Also calling on the feds to make good on the commitment of $150 million per year for capital expenditures. Capital needs remain substantial, high hopes that in FY '10 budget the feds keep up funding.

Up now is Debbie Hersman, who has been easily the most interesting and informative speaker at these events. Hersman expresses condolences, sends out prayers to those who remain hospitalized. Nineteen NTSB personnel are on the case trying to determine what caused the accident.

Hersman now going into some thank-you moments for other instrumentalities that have been doing a "great job" and so on. Standard bureaucratic stuff here.

Teams have been out today collecting evidence. Summary of the work here: Track group, working closely with FBI, checking locations of the track, equipment, damage to the equipment. They're seeking an outline of what the crash looked like.

Hersman says the crash occurred on a curve, not a straightaway. It's a one-degree curve. Track speed limited to 59 mph. Feds are working to determine exact point of derailment. Once they're able to move the trains, they may be able to determine exact location of derailment.

Team is working to preserve records and collect perishable evidence. Majority of our team has been out on scene putting information together. Will need time to go through those records. Operation of the train---documentation of some of the control surfaces....now she's talking about stuff that I have no idea about, something about a dial, toggle switch in the on position. All relates to whether it was in automatic mode or manual mode---OK, I get that.

Toggle switch, dial and master controller confirm to NTSB that the train was in automatic mode. Hersman addresses braking issues---emergency mushroom was found in a depressed condition---it was pressed in. The "mushroom" she's talking about here must be the little switchy thing that hits the emergency brake.

Have conducted some interviews and Metro's ops center about the striking train's operator. The original hire date was January of '07. Was hired as a bus driver. She started training as a train operator in January '09 and started driving in March '09.

Hersman is going to be seeking all kinds of documents on the operator's employment history as well as the "72-hour history," to see whether the operator had sufficient rest-work balance. Will be looking for those records. Toxicology samples have been taken on the train operator and have been sent off for analysis.

Standing train---looking to see if there is usable data on the recorders. Pulling apart the married pair of the trains. WMATA is going to bring in a flatbed to pull stuff apart.

Striking train---Train 112---they're looking at the lead car, which sustained extensive damage. Fifty feet of the 75 feet in that car were lost to the accident. That is, two-thirds of the survivable space was gone because of the impact.

Cars and their age: Average age of Metro fleet is 19.3 years old. How compare to other transit operations: Metro ranks 6th among 15 transit agencies in terms of car age. 1000-series cars comprise 300 cars of Metro's 1115-car fleet.

Now she's going into all the other series, and I've totally lost her. 192, 50000, 2 million, whatever. We'll get those details later.

Accident sequence: There was a train at Ft. Totten. Were servicing the platform. The struck train was waiting on the tracks as a result. The striking train---there was a report that there was an announcement that there was a train ahead and then the striking train started again. Looking into that, says Hersman.

Know that the community is anxious to get service back. Track is safe.

Hersman appreciates support from city and other people too. Including Sal Army, which has helped with water and stuff. Also appreciates people in the neighborhood. Look forward to wrapping up this part of the investigation.

Now taking questions:

Question is about trains reported two months past due on brake service.

Hersman has seen reports to that effect and will review records. Interested in looking at those records, but interested in looking at all of those records. Just in first 24 hours of investigation.

Question: What implications of the aging of the fleet has to the rest of the system.

Hersman says agency has no position on that. Will work closely with WMATA if NTSB finds something that is an acute safety problem.

Question: Is the location of the fatalities and whether they were in the striking or struck car.

Hersman says it's premature to comment on that.

Question: NTSB's request for texting records and the like.

Hersman says hard to say. Not really sure exactly what the point is on this question, though Hersman is saying that operators of vehicles and the like should not be texting or talking on cell phones and the like.

Question: Missed it.

Hersman is responding to the question, but I don't know what the question was, so can't really figure out what to type here.

Question: What OCC might have seen displayed about the location and position of the trains in the system.

Hersman says hasn't gotten with her people on this just yet. Says they will provide additional factual information when it's available.

Fenty now back in front, celebrating the accomplishments of the first responders to this calamity. Talks about the "heroic job" of all these responders. Fenty is not so great in situations like this. Nor is he terrible. He just doesn't project the image of a feeling person. A bit robotic. He gets all the information out there, so that's good. He covers all the bases like a good mayor, including crediting the front-line workers and nodding to the feds and other agencies that have assisted.

HOWEVER: When it comes to shifting to a higher civic and emotional gear, Fenty just doesn't have the equipment to go there.

So how did the Red Line metro crash death toll jump to nine last night then fall back to seven this morning and then back up to nine? Last night, City Desk reported that three news outlets---WUSA9, WTOP, and WJLA---had confirmed that nine had died in the crash. WTOP cited the D.C. Fire Department as its source. WJLA had cited Metro.

This morning, Fenty stated that the number of confirmed dead was actually seven. That number soon increased back up to nine.

At least one fire department official is trying to figure out how and why there was so much confusion. One reporter City Desk contacted speculates that it may have to do with just the gruesomeness of the scene.

Deputy Fire Chief Kenneth Crosswhite says the death toll should not have gone up to nine last night. "I don't know how that number got out there," he says. "I'm very disappointed. We had no idea that there was nine. I called the command post and said, 'Are we at nine?' They said, 'No, we're at six.'... [They said] we have not recovered any more bodies."

Crosswhite is trying figure out who leaked the increased death toll last night. "Maybe you could help me out," he says. "Where should I look? I talked to Metro's PIO and I talked to NTSB, their PIO. I don't know where that number came from. If you find out please let me know so it doesn't happen again."

The Fire Department's own spokesperson, Alan Etter, says he isn't the source for last night's number. "I didn't talk to anyone at all last night," he says. "Nor did I get any new information---they might have talked to someone at the scene."

Dave Statter, the runs the STATter 911 blog and is a reporter with WUSA, says it may have come down to body parts. "My impression is that last night's information which came from sources around 11:20 PM was based on what the camera saw or parts of bodies being seen," Statter says via e-mail. "They had not gotten to those bodies in time for the 8:00AM press conference so the official count was left at 7. After the press conference access was made and five bodies came out bring the official toll to 9."

Councilmember Jim Graham appears to side with Statter for an explanation on the confusing death toll numbers. "I think it has to do with the way the car was crushed," he says. "There was a lot of uncertainty about what was in that crash. That's just pure guess work on my part having been on the scene."

Graham says he plans on asking about the death toll issue at this afternoon's Metro Board hearing on yesterday's crash.

*photo by Darrow Montgomery

Drug recalls, crime bills, and a double dose of foreign policy after the jump.

• The FDA issued a press release advising citizens to stop using certain Zicam products.  Why?  Because this supposed cure for the common cold can cause the loss of one's ability to smell.  The press release also reminds concerned consumers that "the loss of sense of smell can adversely affect a person’s quality of life, and can limit the ability to detect the smell of gas or smoke or other signs of danger in the environment."  So stop using Zicam or else you might go smell-blind and die in a fire.