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San Jose man released in girlfriend’s fatal fall from Hawaii hotel balcony

A day after he was locked up on suspicion of killing his girlfriend by pushing her off the balcony of a Hawaiian resort, William Brill, a well known 58-year-old San Jose labor activist, was released from custody uncharged.

Prosecutors and police on the island of Hawaii said Tuesday that the evidence they have gathered so far was inconclusive that foul play was involved in the death of 52-year old Karen Marie Celaya, also of San Jose.

“I do not have enough information to know what happened, or if there was foul play,” said Joyce Seelen, a deputy prosecuting attorney in charge of the case. “I don’t have enough information to know if this was a crime.” But police were still aggressively investigating the case and information was coming in. Brill, she said, was still “an active suspect.”

The Royal Kona Resort, which rises high above waves crashing on the black rock beach, is normally thought of as an idyllic romantic getaway for couples like Brill and Celaya. But this week, it’s a forensic setting for tragedy and mystery that has island investigators confounded and the families and friends of the labor agent and his girlfriend traumatized.

Investigators said guests at the hotel Saturday night overheard a heated argument coming from the room the pair occupied. A glass object had been thrown or fallen from the room and smashed on the rocks. Resort security was called, responded, left.

Twenty minutes later, Celaya’s body struck the jagged lava rocks right in front of horrified patrons at the resort’s open air Don Mai Tai Bar. No one had heard a sound as Celaya fell 21/2 stories to her death.

Brill, officials said, was apparently asleep when police knocked on the door.

Within hours of his arrest, soon after prosecutors and police reviewed the autopsy results and the evidence they had gathered so far, they agreed they did not have enough evidence to hold him. Brill, who reportedly did not retain a lawyer at the time, was free to leave.

Meanwhile, Celaya’s family gathered in San Jose to mourn and wonder what happened.

And the friends of Brill, a former PG

Fisher: Isn’t the food enough?

Life without Happy Meals? You mean, taking kids out to eat without bribing them with plastic replicas of their favorite cartoon characters?

This war on childhood obesity suddenly is getting serious.

On Tuesday, the Santa Clara County supervisors voted unanimously to consider a ban on toy giveaways at fast-food restaurants, challenging one of America’s most sacred traditions: using kids to lure parents into buying them junk food.

It’s a tradition as old as the prize in the Cracker Jack box, which dates back to 1912. A tradition that brought us the Little Orphan Annie decoder ring, the Lone Ranger rubber-band rifle and the Star Wars Anakin Skywalker bobblehead.

It is a tradition that has sent generations of parents racing their grocery carts through cereal aisles across America listening to Junior screaming: “PLEEZE, Mom. We NEED Trix! It’s the only cereal with the realistic model of the atomic submarine with five Polaris missiles that can shoot underwater!”

And now our county supervisors, led by board President Ken Yeager, are suggesting that McDonald’s, Burger King and the rest should stop dangling trinkets in front of children to entice them into eating meals packed with sugar, salt and saturated fat.

It’s about time.

Fighting fat

Writing last week about childhood obesity, I reported that 1 in 3 children in California is overweight. Diabetes, high blood pressure and other life-threatening illnesses are striking kids at younger and younger ages. If we don’t do something to change the way children eat, they won’t live as long as their parents. Taking sodas out of schools is a good step. Teaching parents about nutrition is an even better one.

Why target Happy Meals? Studies show that children develop lifelong eating habits early. If a kid gets a prize for ordering a cheeseburger and fries, it won’t take him long to figure out where your values lie.

No wonder fast-food restaurants spend $360 million a year on toy giveaways. .

I called Margo Wootan, director of nutrition police at the Center for Science in the Public Interest, to see what she thought about the county’s bold step. She was amazed.

“That’s on our list of promising policy options for states and localities to adopt,” she said, “but this is the first I’ve heard of a community pursuing it.”

Trendsetting county

I explained that Santa Clara County has been on the forefront of the fight on fat. The toy ban would only affect restaurants in the unincorporated areas, but other entities are likely to follow suit. After the county required chain restaurants in unincorporated areas to post nutritional information on their menus in 2008, the state passed a similar law. And, in case you missed it, the health care bill President Barack Obama signed Tuesday requires nutrition information on menus throughout the country.

The supervisors asked staff to come back next month with proposals for a ban. A twist on the old tradition would be to encourage restaurants to give prizes only to kids who make healthy choices, like apple slices instead of french fries.

But why not just do away with the prizes altogether? Let’s stop looking at food as a reward for good behavior and see it instead as simply a source of nutrition.

Besides, as Wootan says, the toys aren’t all that nice anyway.

“The kids play with them for 10 minutes and then they break.”

Contact Patty Fisher at pfisher@mercurynews.com or 408-920-5852.



High-speed rail halting in San Jose wouldn’t change Peninsula impact, Caltrain says

In a blow to high-speed-rail critics lobbying for the train line from Los Angeles to end in San Jose, Caltrain officials said Tuesday that the idea would require the same Peninsula track expansion while harming local commuter service and stripping the agency of funding.

For riders to take the bullet train from Southern California to San Jose and transfer to an express Caltrain to San Francisco as some critics and planners have proposed Caltrain would have to add tracks or eliminate commute service to accommodate them, said Bob Doty, Caltrain’s joint high-speed-rail program director.

As a result, whether high-speed rail runs to San Jose or San Francisco, the impact on Peninsula residents and businesses namely property taking, noise and aesthetics would be virtually the same. But were it to stop in San Jose, train service would be longer and less convenient, and Doty said the project would cost about the same but have fewer funding sources.

“I just think people think that if high-speed rail stops in San Jose, we can just use what we have today, and there’s just no way,” Doty said. “It’s one of these closed loop arguments; I just don’t know how you do it.”

Despite the obstacles, residents and officials along the tracks continue to hope that the bullet train will connect to electrified Caltrain service in San Jose, called the “hybrid” option, instead of the current plan to run high-speed rail directly to San Francisco. High-speed-rail planners will release a list of likely Bay Area track alignments within two weeks.

Palo Alto Mayor Pat Burt, a member of the Peninsula Cities Consortium formed last year over high-speed-rail concerns, said his group has pushed for the hybrid option.

“I think it’s a possibility, and it might take several different forms,” said Burt. The consortium also includes Burlingame, Belmont, Menlo Park and Atherton.

Burt said Caltrain’s conclusions may be deflated by what he calls overly optimistic ridership data, which some officials and groups have questioned.

Rail planners estimate that 120,700 riders will use the system each day by 2035, with 38,100 boarding in the Bay Area roughly equivalent to the number of people that ride Caltrain daily now.

“I don’t know that a supercharged Caltrain system could handle that amount of riders. But if the ridership is something different, then other options may really become viable,” said Burt, adding that no studies have been done on the number of Caltrain riders who would switch to high-speed rail.

While state planners have said the hybrid option may be possible, Rod Diridon, a California High-Speed Rail Authority board member from San Jose, said it would violate Proposition 1A. The $9.95 billion bond voters approved in November 2008 to launch the $42.6 billion project stipulated that the train connect to San Francisco’s Transbay Terminal.

“We must build the system to the Transbay Terminal, or not use Prop. 1A funds, and, of course, we need Prop. 1A funds,” Diridon said. The attorney general’s office recently advised the authority not to end the project in San Jose, he said.

Burlingame Mayor Cathy Baylock, the city’s representative on the consortium, and Burt said the Legislature should ask voters to revise Proposition 1A if planners determine that the stop-in-San Jose option is best. Baylock said much has changed since the proposition’s passage.

“I think they need to show some adaptability, too,” said Baylock, whose city has not taken a stance on the hybrid option. “I just think where there’s a will, there’s a way.”

But Doty said, “I don’t know of a vendor in the world” willing to invest money in a system that halts in San Jose.

“Remember, we have to make this so someone wants to build and operate this thing,” Doty said.

Mike Rosenberg covers San Mateo, Burlingame, Belmont and transportation.

Contact him at 650-348-4324.



University of California commission considers big ideas to save system

Declaring a fiscal emergency, University of California experts Tuesday proposed a set of financial remedies that would alter the cost, size, shape and business practices of the world-renowned educational system.

Their ideas, presented to a meeting of the university’s Commission on the Future at UC San Francisco’s Mission Bay center, included simple administrative efficiencies and controversial measures such as three-year degrees, online education, increased slots for out-of-state students, greater private fundraising and further fee increases.

“We are trying to find a way to move to a new reality of ever-declining state support,” said UC Santa Cruz Chancellor George Blumenthal, who is leading the review of the size and shape of UC. “We are trying to find some solutions that can maintain quality and continue to provide access to every student in California.”

Over the next two months, the commission will seek feedback on these ideas from faculty, staff, students and the public. Formal recommendations to the UC regents will be made in July.

Commission Co-chairman and UC regents President Russell Gould urged consideration of all ideas, saying, “The funding gap is so large and so fundamental that for us to be timid about this that’s no way to make progress. There is no silver bullet to make it all well.”

Despite recent protests and fiscal appeals to Sacramento, Gould said the state’s deficit made him doubtful that UC could get enough money from Sacramento to close its $237 million budget gap and urged commission members to look elsewhere for money.

“I am convinced, more than ever, we have a financial imperative to look at options of how we operate. I’ve watched what is going on in Sacramento, and it does not give me great confidence that we’re on our way to a solution that is good to UC,” he said.

In public testimony that often turned acrimonious, UC workers and students voiced their opposition to administrative salaries, campus cutbacks and increased tuition. At the close of testimony, the crowd erupted in chants and yelling, urging greater funding for the university.

“Increasing public funding is an achievable goal,” said Julian Posadas, a UC Santa Cruz food service worker and vice president of AFSCME Local 3299. “Returning state support and student fee levels to 2001 levels would cost the median taxpayer just $32 annually per household.”

The presenters were two-person teams representing each of the five working groups, organized from within the Commission of the Future. Their proposals to the commission included:

  • An increase in the number of out-of-state undergraduate students, perhaps doubling the number to 15,200 from 7,600. Each nonresident student contributes about $12,900 in resources above educational costs. They would be accommodated through a reduction in the size of the current student body UC would admit all eligible in-state students that it receives state funding for, but not one more. It currently educates thousands of “unfunded” state students.

  • Creation of a new pathway for undergraduate students to complete degrees in three years. This accelerated degree would be available only to students who arrive at UC with many Advanced Placement credits.

    Summer school would be required.

  • Design of a pilot program, tested in 30 to 40 classes, for online education. Students might take these online classes before enrolling or could take classes from different campuses. This would help ease overcrowding in the classroom.

  • Increase fees from 5 percent to 15 percent but adopt a multiyear fee schedule for incoming students that would cover a set number of years, so families could better plan for the costs.

  • Better recover the costs of research. While the federal government is charged for the costs incurred by UC labs doing federal research, the state is charged far less for UC research.

    In addition, they suggested they might charge different tuitions at different campuses or charge more at highly selective schools. And they urged greater private fundraising, as well as changing the transfer pathway, so more students could complete preliminary class work at community colleges.

    UC President Mark Yudof asked about duplications between campuses, saying “Obviously every campus should have a strong English department. But there may be other situations where we decide that one group is really all that we can afford.”

    Warning the commission that some proposals will be unpopular, UC Berkeley law school Dean Christopher Edley urged the commission to move quickly and with authority.

    “Budget discipline is a very difficult thing. Particularly in a crisis like this, there needs to be sufficient top-down leadership to get the job done. Nobody is going to volunteer to make the kinds of changes that are required,” Edley said. “We need to identify a couple of changes that are likely to prove very desirable, and focus on them.”

    Contact Lisa M. Krieger at 408-920-5565.

    For the 2009-10 academic year

    UC faces at least a $1 billion gap in state funding.

    $637 million
    in funding cuts

    $155 million
    in student enrollment “

  • California finds that prison costs aren’t so easy to cut

    SACRAMENTO The billions of dollars that California pours into its troubled prisons a number fattened by court-ordered medical spending and sky-high personnel costs have become an increasingly attractive target for leaders desperate to trim the state’s $20 billion deficit.

    Gov. Arnold Schwarzenegger in January called for a constitutional amendment that would cap prison spending and put the savings toward public universities. And since last summer, lawmakers have tried to wring more than $2 billion from the Department of Corrections and Rehabilitation, once budgeted for $10 billion.

    But despite officials’ attempts to clamp down after watching costs double over the past decade, some corrections spending is proving impervious to the budget ax.

    Already, hundreds of millions in expected savings have failed to materialize, partly because one big expense more than $1.5 billion for inmate medical care this year is under the watch of a federal receiver, not the state.

    It’s also because some legislators, fearing the “soft on crime” sobriquet, balked at cost-saving measures last year that might have released thousands of the state’s 160,000 inmates. That alone, the Department of Finance says, has cost nearly $600 million.

    Lawmakers’ dilemma

    And more than two-thirds of the department’s budget goes to thousands of correctional officers earning salaries locked in during California’s last boom. The state must employ all those officers because of tough sentencing laws that increased the inmate population more than fivefold over the past 20 years.

    The challenges only add to a portrait of crisis for California’s prison system, beset by high recidivism rates and dilapidated facilities.

    Paul Golaszewski of the nonpartisan Legislative Analyst’s Office, which advises the Legislature on fiscal and policy issues, says reducing the number of inmates or taking a tougher stand on corrections salaries could save millions, “but they would require difficult policy decisions.”

    Whether lawmakers are willing to make those decisions is uncertain. While the concept of slashing prison spending is popular with voters, the outcome of those cuts more inmates leaving custody, fewer parole agents and loosened sentencing rules is far less so.

    Lawmakers also may have to answer to the politically powerful California Correctional Peace Officers Association. The union typically has opposed measures to reduce the inmate population, since fewer inmates would require fewer officers to guard them.

    Instead, some experts suggest that the state’s best hope for achieving corrections cuts might come from the courts that have tied the state’s hands on medical care.

    Last year, U.S. District Judge Thelton Henderson the same judge who in 2006 seized control of the prison health care system and two other federal judges ruled that the state’s 33 prisons were so inhumanely crowded that they violated inmates’ constitutional rights. Some facilities are at triple their intended capacity.

    The judges ordered the state to draw up a plan for releasing up to 40,000 inmates over the next two years about a quarter of the state’s prison population. With California’s annual cost per inmate topping $40,000, far more than any other state, a reduction the size the judges have ordered could save billions of dollars.

    Plan for reductions

    The Schwarzenegger administration, backed by outraged legislators from both sides of the political aisle, has appealed that order to the U.S. Supreme Court, arguing that federal judges have no right to interfere in the state’s business.

    But the state also has submitted a plan for the reductions in case it loses. It would make use of private prisons, build new facilities and send some inmates to states where incarceration costs are cheaper.

    Moreover, the plan would include some of the provisions the Assembly resisted last year for example, shifting low-threat inmates into county jails. (Many local officials have decried that proposal, saying it would only push costs onto them.)

    Even without those elements, California is projected to shed some 27,000 inmates by next summer. Gordon Hinkle, a spokesman for the Corrections Department, said changes the Legislature made to the state’s parole system in September, minimizing technical offenses and focusing agents on high-risk parolees, will save $500 million.

    Other reductions, like issuing layoff notices to several hundred prison teachers and restructuring rehabilitation programs, have been unpleasant but necessary, Hinkle said.

    Health care costs

    And though health care is under the domain of a court-appointed receiver, that hasn’t stopped officials from trying to whittle costs. Health care over the past five years had been the fastest-growing piece of the prisons budget, more than doubling to $2 billion by 2008-09.

    Lawmakers have targeted $811 million in cuts starting this summer, but the federal receiver, J. Clark Kelso, has submitted plans calling for about half that amount. He has proposed granting medical parole for terminally ill inmates, increasing use of telemedicine and establishing a central prison pharmacy all to avoid sending inmates to outside hospitals, where corrections officers guarding them often earn overtime pay.

    “This is a massive overhaul of a very large system,” said Luis Pati

    Everything is new for Saint Mary’s

    The Saint Mary’s College basketball team can’t do much more to prepare for what’s ahead. The interview and ticket requests, the newfound notoriety from around the country, the added scrutiny or even the aftermath.

    All of it will be new.

    But according to George Mason coach Jim Larranaga, the one thing the Gaels can’t forget to do between now and their next NCAA tournament game, Friday against Baylor, is to enjoy every minute.

    Larranaga should know. In 2006, he coached one of the tournament’s signature Cinderella teams, guiding George Mason

    49ers make it official: Scot McCloughan out as G.M.

    After five days without comment, the 49ers said their official, if still mysterious, goodbye to general manager Scot McCloughan on Monday. Team President Jed York broke his silence by announcing a “mutual parting” with the team’s top personnel man since 2005.

    “It’s difficult, because I care about Scot. It’s never easy to part ways with someone you consider a friend,” York said. “But this was in the best interests of Scot and the 49ers.”

    He would not comment on the reasons behind McCloughan’s exit, calling it a “private personnel matter.”

    In the short term, Trent Baalke, the 49ers’ director of player of personnel, will assume McCloughan’s duties leading up to the April 22-24 draft. York declared that Baalke will be the 49ers’ unequivocal “point man” for the draft and will have the final say on selections and trades.

    In the long term, though, the 49ers hinted that they might not replace McCloughan at all.

    “I haven’t decided if we will have a general manager,” York said.

    He added, in response to questioning, that neither he nor vice president of football operations Paraag Marathe would ever assume the role of G.M.

    Reports of McCloughan’s tenuous hold on the job surfaced Wednesday, when the Santa Rosa Press Democrat reported a meeting of the team’s power brokers in Santa Clara.

    Within 24 hours, several more stories reported that personal reasons were behind McCloughan’s departure. McCloughan hinted at his problems to Sirius NFL Radio when he sent a text message that read: “Family needs to come first and I lost sight of that with my position at the 49ers. I will be back in league at some point and be very successful.”

    York held his tongue until Monday evening, apparently because of an arrangement he made with McCloughan not to comment on the matter for five days. He remained quiet even at the risk of turmoil in the 49ers’ front office.

    “My integrity is more important to me than trying to get out a story,” he said.

    Speaking from Orlando, Fla., the home of the NFL owners meetings, York declined to address the specifics of McCloughan’s departure or to address whether a settlement had been reached. The general manager had two years remaining on a five-year contract that paid him about $1.25 million a year.

    The strongest detail from York came only when indicated that it was not an abrupt decision. “We’ve been preparing for this,” he said.

    Baalke, named the director of player personnel in February 2008, takes over a draft board that York called “90 to 95 percent set.” York said he had “full confidence” in Baalke and noted that he has been on the road evaluating prospects and has been in charge of organizing area scouts.

    Coach Mike Singletary will not have an expanded role in the draft, even after McCloughan’s departure. “Mike is concentrating on coaching,” York said.

    York was reserved when asked, more than once, to reflect on McCloughan’s legacy with the team. He dismissed the first such question, saying: “You’d have to ask Scot.” York was slightly more expansive when asked a second time about McCloughan’s impact but added: “We haven’t made the playoffs yet.”

    Earlier this week, Pro Football Weekly, quoting anonymous sources, indicated that football decisions might have played a role in McCloughan’s ousting. Pro Football Weekly recalled the 2007 tampering case in which the 49ers lost a 2008 fifth-round pick and had to swap third-round picks with the Chicago Bears after being caught making contact with linebacker Lance Briggs.

    “They looked like the Keystone Kops,” a league source told Pro Football Weekly of an incident that left a bad taste within the 49ers’ organization. “No one gets caught tampering nowadays. They did. What does that tell you about their leadership? They thought they were above the law, and they got busted.”

    But York said Monday that McCloughan would still hold his job if it were strictly a football decision.

    Speculation already is mounting that McCloughan could land elsewhere, perhaps in Green Bay, where he broke in as a scout in 1994 and went on to be part of two Super Bowl teams.

    York said that McCloughan’s original contract prevents him from joining another team before the draft. Such an arrangement helps prevent McCloughan spilling the 49ers’ draft preparations to a competitor.

    “I think that Scot is a very good personnel guy,” York said. “I care about Scot from a personal standpoint. I hope he gets another job somewhere.”

  • Despite the free-agent signing of David Carr, York insisted Alex Smith will be the quarterback to lead the 49ers in 2010.

    “Alex is our guy. He’s our quarterback,” York said. “We believe in Alex. Coach Singletary believes in Alex. I think he’s always said he believes in Alex.”

    For more on the 49ers, see Daniel Brown’s Hot Read blog at blogs.mercurynews.com/49ers.

  • Warriors’ Nelson not worried about potential sale

    Publicly, Warriors coach Don Nelson has continuously stiff-armed talk of him becoming the NBA’s winningest coach ever. The irritation is evident on his face whenever he’s asked about it,

    But if any desire exists in him to take down Lenny Wilkens for the most coaching victories in NBA history, Nelson had better do it now. And he knows it.

    The team’s announcement Monday that majority owner Chris Cohan has placed a “For Sale” sign on the front lawn certainly increases the pressure.

    But despite 30 points from guard Monta Ellis and 29 from swingman Reggie Williams, Nelson failed to move one step closer with Monday’s 133-131 loss to the visiting Phoenix Suns.

    He stays five wins from breaking the record. He’s got 12 games left.

    “I’m 70 years old. My future is clear,” said Nelson, who has one more season, for $6 million, on his contract. “I have one more year left and then I’m going to retire. I’m going to fulfill my contract.

    “What happens, happens.”

    What many expect to happen, depending on how fast Cohan finds a prospective buyer and works out an agreement, is that the new boss will come to town and clean house.

    Among the first places to start is at the top: president Robert Rowell, general manager Larry Riley and Nelson.

    If the sale takes a while, Nelson might get to finish out his contract. But some inside the organization think the sale could go down quickly, as franchise sales go.

    If Cohan makes an agreement with a purchaser in the next two or three months, the moves the Warriors make this offseason while the technicalities of the sale are worked out could be for the new regime. That could impact who they draft, who they trade, who the want to coach.

    Riley said the team isn’t concerned about what could happen.

    He said the potential sale won’t change how he’s approaching the draft, or his plans for improving the roster via the trade market and free agency this offseason.

    “I will just proceed as normal,” Riley said. “We proceed as though everything will continue as it is now. Until we’re notified otherwise. All I’ve been told is ‘go do your job.”’

    Notes: Center Ronny Turiaf was given the NBA Community Assist Award for February. He is the seventh Warrior to win the award, joining Stephen Jackson, Al Harrington, Derek Fisher, Antawn Jamison and Adonal Foyle.


    Giants bullpen deep in power arms

    SCOTTSDALE, Ariz. It’s a simple question, really. Aside from Tim Lincecum, who has the best stuff in Giants camp this spring?

    Ask anyone with a catcher’s mitt in Scottsdale and you’ll get a range of answers. They aren’t diplomatic ones, either.

    Dan Runzler is dealing straight filth. Sergio Romo’s slider is falling off the table. Alex Hinshaw has his confidence back. Waldis Joaquin’s fastball just plain hurts to catch.

    Then there’s the names that might surprise you: Kevin Pucetas has all four of his pitches working, Henry Sosa’s late life is better than ever and non-roster right-hander Santiago Casilla, even though he arrived three weeks late because of visa issues, popped 98, 98 and 99 mph on his first three pitches in a Cactus League game.

    We haven’t even gotten to closer Brian Wilson, whose average fastball velocity was the second highest of all National League pitchers last season.

    “They’ll have some good arms down there at (Triple-A) Fresno, no question,” said Giants manager Bruce Bochy, “because we don’t have room for all of them.”

    Talk about a spirited competition. Runzler, Romo, Sosa and Hinshaw haven’t allowed a run in a combined 25 appearances.

    So who’s in, who’s out and who’s on the bubble?

    Start with the bullpen. The back end is set with Wilson and left-hander Jeremy Affeldt, two plus-stuff guys who are capable of throwing multiple innings on a given night.

    Runzler and Romo entered camp with jobs to lose and they’ve done nothing to let them slip away. Runzler has struck out 11 in 5

    Stanford defeats Iowa to advance to NCAA’s Sweet 16

    Defensive stalwart Rosalyn Gold-Onwude showed a new wrinkle Monday in her final Stanford game at Maples Pavilion.

    Scoring.

    Her shots fell from beyond the 3-point arc 6-for-6 in the first half alone. She scored on driving layups that left defenders flat-footed. The fifth-year senior from Queens, N.Y., ended with a career-high 26 points 20 in the first half as Stanford advanced to the Sweet 16 by thrashing Iowa 96-67 in front of an announced crowd of 5,326.

    “This season especially, I just believed in my ability to shoot,” said Gold-Onwude, the Pacific-10 Conference’s co-defensive player of the year.

    But 7-for-9 from 3-point range?

    Gold-Onwude never had a night quite like

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