From gang member to team player

SAN FRANCISCO — Luis Aroche learned about violence at Leonard R. Flynn Elementary School, across from the projects where his friend Carl lived.

He remembers sitting down at his desk and seeing his teacher, Mrs. Foster, in tears. His class had just finished the Pledge of Allegiance.

"Carl was playing on the swings and got shot," Aroche said. "And died. Kindergarten. He got found laying in a pool of blood in the park," Aroche paused. Swallowed. Started up again. "He was my desk buddy. He would go with me to the bathroom. And now, Carl wasn't there.

"That was my first experience of loss. And I didn't understand it. To this day, I don't understand it."

Aroche since has become something of an expert on violence — as victim, perpetrator and now as part of a hoped-for solution. Last year, San Francisco Dist. Atty. George Gascon hired the former gang member to be his office's first "alternative sentencing planner," part of an effort to keep offenders from ending up back behind bars.

The position, criminal justice experts say, has no equivalent in any prosecutor's office in the country.

And Aroche is as singular as his job. An Aztec skull tattoo stretches down his right forearm to his hand, its grimace partly wiped away by laser removal. The day his juvenile record was sealed, he says, was the happiest of his life.

Today, he helps prosecutors figure out who among San Francisco's low-level offenders deserves a jail cell and who deserves a second chance.

He knows a lot about both.

::

If you were Aroche, 12 years old and living in the Mission District in 1990 — when gangs and crack cocaine meant funerals were as commonplace as quinceañeras — you got a tattoo, cut school and drank beer. You thought a stint in Pelican Bay State Prison was like going off to "Stanford or Yale." You practiced how to sit and talk and smoke like the toughest prisoners.

"We would learn how to iron our clothes using a comb, 'cause that's how you iron your pants in prison," Aroche said. "You iron it with the teeth of the comb … and then you put it underneath the mattress."

Aroche's first tattoo was a small cross on his left hand, in the soft web between thumb and forefinger. He got it in an alleyway not far from the studio apartment where he slept on the floor with his five brothers, three sisters, the occasional niece or nephew. His parents got the bed in the corner.

His Salvadoran mother was a chambermaid at a Fisherman's Wharf motel, his Puerto Rican father a security guard in the Navy shipyards.

And his older brothers? They would disappear for years. Aroche didn't know why until his father took him to visit San Quentin State Prison. They were "main men" in a notorious Northern California prison gang. When they were out, they were "the mayors of the Mission."

By the time Aroche was 15, he was drinking so much and incarcerated so often that he gave himself a test every night before he went to sleep. If he put out his hand and felt warm, smooth drywall, he knew he was home. If he felt cold, slick concrete, he was in custody.

One night he ended up in the hospital. He'd been drunk, hanging out in Lucky Alley, when a car drove up and the doors flew open. Aroche saw his friend get sliced with a machete. Gunshots rang out.

"And I remember some guy grabbing me and hitting me with a crowbar and stabbing me in my stomach," he said. "And I could feel the pierce of my stomach, just ripping me open.... And I thought, this is it. This is it. This is my life."

::

At the computer in his spartan office at the Hall of Justice, Aroche is poring over the official tale of another life in the balance: a 28-year-old woman on a downward spiral.

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IHT Rendezvous: Hints of Taiwan Leading the Way on Same-Sex Marriage in Asia

BEIJING — Will Taiwan become the first place in Asia to legalize same-sex marriage in 2013?

Perhaps, judging from recent developments on the island, where the legislature has held its first hearings on the issue, a move that signifies “a major step towards becoming the first Asian territory to approve marriage equality,” the Shanghai-based Web site Shanghaiist reported, citing Gay Star News.

In another sign that change may be on the way for Taiwan, senior judges recently asked for advice from the country’s constitutional court, the Grand Justices, on whether to legalize same-sex marriages after two men from Taiwan, Nelson Chan and his long-term partner, Kao Chih-wei, filed an administrative lawsuit last year following the rejection by a local registration office in Taipei of their application to marry.

As The Taipei Times reported late last month, the Taipei High Administrative Court had been expected to hand down a decision on Mr. Chen and Mr. Kao’s case, “but instead said it was seeking a constitutional interpretation while holding further debates before making a judgment.”

To Mr. Chen, that was a victory. “I think this is a good decision. I’m happy to see it,” he told The Taipei Times. “I am confident and hopeful of the outcome of the constitutional interpretation, because the world is changing. I hope Taiwan would be the first Asian country to recognize same-sex marriages through a judicial ruling.”

The moves come as more states in the United States have legalized gay marriage – Maine and Maryland becoming the latest, with Maryland’s new law taking effect Jan. 1. Same-sex marriage is now legal in nine states and Washington, D.C., as The New York Times reports in its Times Topic on same-sex marriage.

One of the most socially and politically progressive societies in Asia, “Taiwan is moving closer to allowing same-sex marriage,” predicted Gay Star News, though it pointed out that top judges in Taiwan had said that the proposed changes did not go far enough and that legislation needed to be rewritten and expanded before that could happen – and that it would not be a simple matter.

Current proposals for change affect only the articles of the Civil Code that pertain to marriage in gendered language, and propose “altering the words from ‘male’ and ‘female’ to gender-neutral language,” Gay Star News reported.

But it quoted a senior judge, Hsu Li-ying, from the Supreme Court’s Juvenile and Family Department (the court is known in Taiwan’s complex political-legal system as the Judicial Yuan) as saying that the new legislation might “need to be more comprehensive.”

The deputy justice minister, Chen Ming-tang, said it was not just the Civil Code that would have to change, but also laws regarding parentage, taxes and health insurance. That means the Justice Ministry could not do it alone, the report said.

Others believed the road ahead will be long and same-sex marriage difficult to achieve, with the decision to seek advice from the constitutional court a way of avoiding making a decision.

Taiwan has a flourishing civil society and a gay community that has long been pressuring the government to legalize gay marriage. Many believe it is a matter of time. Taiwan hosts Asia’s biggest gay pride parade, with the one held last October drawing more than 50,000 participants from across the region.

Taiwan even has its own gay god – the Taoist Rabbit God, to whom homosexuals can pray for love and good fortune (there is a small temple to the Rabbit God near Taipei). As The Taipei Times reports, the rabbit deity is based on the real-life figure of Hu Tianbao, an official in 18th-century Qing dynasty China.

And last year, two women in Taiwan were “married” in a Buddhist ceremony by a Buddhist master, Shih Chao-hwei, who is also a professor at Hsuan Chuang University. Homosexuality is not prohibited in Buddhism, the professor said: “It’s difficult enough to maintain a relationship,” the professor said in a telephone interview with The Taipei Times. “How could you be so stingy as to begrudge a couple for wanting to get married, regardless of their sexual orientation?”

A poll in September by The United Daily News found that 55 percent of those surveyed approved of gay marriage laws, with only 37 percent against. But the poll also found that 61 percent could not accept their children being gay, with only 37 percent saying they could, the newspaper reported.

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Barnes & Noble sells fewer Nooks, retail revenue falls

(Reuters) – Barnes & Noble Inc’s Nook unit reported weak holiday season numbers on Thursday as it sold fewer e-readers and tablets at its own stores, and its e-books sales growth slowed, raising questions about the future of its digital business.

The Nook, launched in 2009 to compete with Amazon.com Inc‘s market-leading Kindle, has been the cornerstone of Barnes & Noble‘s strategy to counter the shift by many book readers to digital books. Early growth attracted a big investment last year from Microsoft Corp.

And last week, British education and media publisher Pearson Plc said it would take a 5 percent stake in Barnes & Noble‘s Nook Media unit, which also includes its college bookstore chain, giving it a $ 1.8 billion value, about double the company’s value as a whole.

But questions swirled about whether it is worth that much, after the retailer said that the Nook segment’s revenue fell 12.6 percent from a year earlier during the nine weeks ended December 29, hurt by lower unit sales and prices.

Sales of digital content like e-books and magazines rose 13.1 percent during the holidays, a much slower pace than the 38 percent gain last quarter and 113 percent in the 2011 holiday season, suggesting Barnes & Noble is having trouble holding on to its 25-30 percent share of the U.S. e-books market.

“We are way beyond the point where you should see content sales accelerate,” Morningstar analyst Peter Wahlstrom told Reuters. “That hasn’t materialized and that’s concerning.”

The numbers were all the more disappointing given that in late November, Barnes & Noble had told investors Nook device sales doubled over the Black Friday weekend, which follows Thanksgiving and kicks off the holiday season in earnest.

That suggests the rest of season was a debacle, analysts said, and Chief Executive William Lynch said in a statement that Barnes & Noble is “examining the root cause” of the shortfall and will adjust its strategy.

“The investment question for Barnes & Noble in 2013 is the Nook‘s staying power as a legitimate tablet device,” Credit Suisse analyst Gary Balter wrote in the note, predicting the retailer will face stiffer competition this year from the likes of Apple Inc and Google Inc, since tablets now have improved functions that make them more appealing to book readers.

The drop in Nook sales came despite the launch of two well-reviewed high-definition Nook tablets in October and promotions at large chains like Wal-Mart Stores Inc and Target Corp, both of which stopped selling Kindles last year.

Despite the holiday results, Barnes & Noble still expects Nook Media sales of $ 3 billion this fiscal year, keeping a forecast it gave in October.

That steady forecast helped lift shares 2.6 percent to $ 14.88 in morning trading.

The company will report full quarterly results in late February.

The results follow a warning from Barnes & Noble in a filing last week that holiday sales would come in below its expectations. The warning erased most of the gains in its share price that followed the news of Pearson’s investment.

FEWER VISITORS IN STORES

Compounding Barnes & Noble‘s troubles, fewer shoppers came into its bookstores during the Christmas period.

Barnes & Noble, which had enjoyed a sales bump after onetime rival Borders Group liquidated in 2011, reported a 10.9 percent decrease in sales at its bookstores and on its website over the holiday period.

Sales at stores open at least 15 months fell 3.1 percent, excluding Nook products, despite the benefit of some store closings — Barnes & Noble operates 689 bookstores, 14 fewer than a year ago.

“The Borders tailwind is over,” Morningstar’s Wahlstrom said.

(Reporting by Phil Wahba in New York; editing by John Wallace and Nick Zieminski)

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Bethenny Frankel Divorcing Jason Hoppy

By Sarah Michaud

01/05/2013 at 05:00 PM EST

Bethenny Frankel and Jason Hoppy

Albert Michael/Startraks

It's official – Bethenny Frankel and Jason Hoppy's marriage is over.

Having announced a separation over the holidays, the reality star began the divorce process by filing earlier this week in New York, TMZ reports.

"It brings me great sadness to say that Jason and I are separating," Frankel, 42, had said in a statement Dec. 23. "This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family."

The split comes after months of rumors that the pair – who married in 2010 and are parents to daughter Bryn, 2½ – were on the rocks.

"Bethenny is devastated," a friend tells PEOPLE.

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Diabetes is a stubborn adversary

One by one, the diabetic patients reluctantly stepped on the scale in the basement of a South Los Angeles clinic. Nearby, a nurse scribbled numbers on a chart.

Camara January, 31, her round face framed by a sparkly headband, held her breath. The number stopped at 245 pounds. "That's not good," January said. Tracy Donald, 45, stepped up. Just under 240 pounds. "That is wrong," she said. Ramon Marquez, 62, tall and clean-shaven, methodically took off his watch, his cap and his shoes. 170 pounds. Ramon strips down to almost nothing, the others jokingly complain.

They are among those who come each month to the To Help Everyone (T.H.E.) Clinic, hoping to finally gain the upper hand on their diabetes, a disease wreaking havoc on their bodies — and their community. Several have been hospitalized. Some have seen relatives die from complications. All have struggled to manage blood sugar levels that spike and plummet to ominous extremes.

FULL COVERAGE: T.H.E. Clinic in South L.A.

A chronic illness that can lead to heart attacks, blindness and kidney failure, diabetes is exploding across the United States and raising enormous obstacles to the Obama administration's drive to control costs and reform the healthcare system. In California alone, the disease costs taxpayers and businesses roughly $24 billion annually. One in seven California residents has diabetes — a 32% increase in the last decade.

"This is a train going in the wrong direction," said Dean Schillinger, a UC San Francisco Medical School professor and medical officer at the California Diabetes Program, run by the university and the state public health department.

Community health centers like T.H.E. Clinic are a crucial front line in the federal government's war against diabetes. They're charged with slowing the advance of the disease, which disproportionately affects poor patients whose care may be taxpayer-funded.

To do so, clinics must get millions of patients to change deeply ingrained eating habits, embrace regular exercise regimens and better manage their health to avoid unnecessary hospitalizations.

Many low-income, urban patients struggle with the willpower challenges afflicting diabetes sufferers everywhere. But their struggle is often complicated by limited understanding of the links between lifestyle and blood sugar levels, along with fewer safe, affordable and convenient options for healthy activities and fresh food.

"The approach of telling people they need to lose weight and exercise is clearly not working," said Martha Funnell, past chairwoman of the National Diabetes Education Program.

::

Like her mother and grandmother, 17-year-old Charnay Winbush has diabetes. She injects herself with insulin five times a day and wears a bracelet identifying her illness. But Charnay often tells people she isn't diabetic.

Without her injections, she feels weak and tired. When her blood sugar levels climb, she gets extremely thirsty and can't stop sweating. One incident sent her to the emergency room this summer. "I was scared," she said.

Doctors at T.H.E. Clinic tell Charnay she needs to lose weight, but she continues to gain. She keeps small bags of candy in the refrigerator next to her insulin. Counting calories brings unwelcome memories of math class, she says. The only exercise she likes is playing virtual tennis or bowling.

The diabetes battle permeates almost every aspect of T.H.E Clinic's routine. Patients are greeted in the waiting room by television programs about the disease. They are routinely tested for it, counseled about how to prevent it and referred to nutritionists and diabetic education groups to manage it.

Research shows such efforts can produce results. Patients surrounded by support and education programs do better at controlling their blood sugar, eat more healthfully and use their medication as recommended.

At the Saturday session, retired nurse Emily Moore handed out a soul food cookbook with healthy recipes. Patients shared about their favorite types of exercise. One woman said she liked dancing to disco music, another announced she was going to Zumba classes.

The sessions began as a diabetes education class but soon morphed into a less formal support group, said M.D. Donnell, education manager at T.H.E. Clinic. Patients say they come for the snacks, the nutrition advice and the camaraderie. James Hicks, whose leg was amputated after a diabetes-related infection, said he serves as a cautionary tale for others. "You never want to get this far," he said.

Despite the intense focus, a quarter of the clinic's diabetic patients haven't brought the disease under control, records show. Cynthia Francis, a physician assistant, dispenses sober warnings along with hope. "You have to be real with them," she said. "You have to tell them that managing their disease is a life-or-death situation."

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Plane Carrying Vittorio Missoni Lost Near Venezuela

MILAN — The Italian fashion designer Vittorio Missoni, the head of the prominent fashion house, was aboard a small plane that has disappeared off the coast of Venezuela, a company spokeswoman said on Saturday.

“The Missoni family has been informed by the Venezuelan Consulate that Vittorio Missoni and his wife are missing, but we don’t know any more,” the spokeswoman, Maddalena Aspes, said. “The authorities will resume their search for the plane in the morning.”

Italian media reported that the plane went missing on Friday morning after takeoff from the resort of Los Roques, an island off the coast of Venezuela. Also reported to have been aboard the plane with Mr. Missoni, 58, and his wife, Maurizia Castiglioni, were another couple and two Venezuelan crew members.

Mr. Missoni is the son of the founders of the family owned fashion house famous for its exuberantly colored knits, featuring bold stripes and zigzags. He owned the business with two siblings, Luca and Angela.

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Cricketer Herath alive and bowling despite death rumors

SYDNEY (Reuters) – As Mark Twain might have said, rumors of the death of Sri Lankan spinner Rangana Herath which spread like wildfire across social media late on Friday proved to be greatly exaggerated.

Far from lying in a Sydney morgue alongside former test bowler Chaminda Vaas after perishing in a car crash as the reports had suggested, Herath was very much alive when he pitched up for work at the Sydney Cricket Ground on Saturday.

The most prolific wicket-taker in test cricket last year, the 34-year-old leg spinner claimed two Australian wickets to seal a haul of four for 95 and then contributed nine runs with the bat.

Team mate Dimuth Karunaratne told reporters at the conclusion of the day’s play that the team had been dumbfounded by the rumors.

“I heard about it when we having breakfast but I had no idea where that came from,” he said with a laugh.

“Guys from Sri Lanka were calling us asking ‘when is the funeral?’ and stuff like that.

“Rangana is alive,” he added, somewhat unnecessarily.

Herath’s efforts were not enough to prevent Australia taking an iron grip on the third test match on Saturday and move to the brink of a 3-0 series sweep.

That could all change, however, if he and Dinesh Chandimal, who finished the third day unbeaten on 22, are able to dig in on Sunday, inflate their lead beyond the current 87 and give Sri Lanka a decent target to bowl at.

The Sydney track has traditionally offered a lot of turn for spinners in the last couple of days of a test and, as Herath’s 60 wickets last year showed, there are few better spinners operating in test cricket at the moment.

“The wicket is turning a lot now and the Aussie guys are playing the fourth innings, so I think Rangana… can do something,” said Karunaratne.

Vaas has no position with the test team and remains, also unharmed, in Sri Lanka, Sri Lankan reporters said.

(Editing by John O’Brien)

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St. Barts! Cabo! See Where Stars Holiday in the Sun

From St. Barts to Cabo San Lucas, see how Julianne Hough, Jessica Alba, Sofia Vergara and more are heating things up this winter

Credit: FameFlynet

Updated: Friday Jan 04, 2013 | 06:00 AM EST
By: Kiran Hefa

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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Dumped Christmas trees are a gift for Lake Havasu fish

The ghosts of Christmas past can be found in some unusual places. The bottom of Lake Havasu, for instance.

There, thousands of Christmas trees sunk by wildlife biologists have found a second life as fish habitat in an ecosystem damaged by the damming of the Colorado River decades ago.

What nature once provided — a steady source of organic material such as brush and uprooted trees — disappeared when the once wild and muddy river was tamed.

By the late 1980s, Lake Havasu's now crystal clear waters harbored few places where newly spawned fish could find shelter from predators. Fish populations were a fraction of what they had been a generation before.

"There was no place for the young fish to hide until they matured," said Kirk Koch, a fisheries program manager for the U.S. Bureau of Land Management. "Instead, they would be consumed by bigger fish."

The solution was a gift that keeps on giving: Christmas trees.

More than 30 million farm-harvested trees are sold nationwide each year. No matter how pretty they're decorated, they all meet the same ignoble fate: ground up as mulch or buried in landfills.

When it began in 1992, the effort at Lake Havasu was the largest fresh-water habitat recovery program in the nation, Koch said.

Over the next decade, $16 million and countless hours of work by volunteers created 875 acres of artificial reefs.

Structures were formed by sinking PVC pipe, concrete sewer pipe and cinder blocks in 42 coves. Then, discarded Christmas trees were lashed together, weighted down and dumped around the structures. Piles of brush were added.

As the trees and brush decomposed, the pipe and concrete structure grew a biological skin of mosses and algae that was then colonized by insects. In addition to providing shelter, the Christmas tree structures also became a source of fish food.

Scuba divers check sites annually and have found that fish are drawn to Christmas trees as much as Santa is.

"When they started, they could count all of the fish at any spot on their fingers," Koch said. "Progressively, they found more fish — way, way more fish — than they can count."

The project turned Lake Havasu into a popular sport fishing destination.

"Before this, the lake was basically dead," said Arnold Vignoni, president of the local chapter of Anglers United, whose members help maintain the reefs. "The bass tournament guys — and we have lots of bass tournaments here now — say the fishing is just outstanding."

It takes a Christmas tree five to six years to decompose under water. So each year, volunteers toss in as many as 500 additional trees and a thousand brush piles to replenish the reefs.

Part of the benefit of creating habitat with Christmas trees is that it's cheap — trash haulers are happy to unload onto others what they pick up at the curb.

This year, Riverside County supervisors approved a plan to transfer 2 tons of trees collected at county landfills to the California Department of Fish and Wildlife, which will dump them into two lakes that badly need them.

The load will make Quinn Granfors' job much easier.

Granfors, a state fisheries biologist, has been tossing trees into Lake Elsinore and Lake Perris since 2006. Working under budget constraints, he was left to scrounge around on his own after Christmas in search of trees. Now they'll be coming to him.

In the coming weeks, he and volunteers will send hundreds of weighted trees to the bottom of the lakes.

"I kind of joke with the guys that they're now qualified to get a job with the mob," Granfors said. "Because they know how to make organic material disappear."

mike.anton@latimes.com

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