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Page 61 UpfrontLocal news, information and analysis Judge: More study needed on high-speed rail California High Speed Rail Authority native to Pacheco Pass, the agency’s land habitats and would require a of-way outside of this area, requiring ordered to rewrite parts of its environmental report, preferred route. new set of environmental clearances the taking of property and displace- but Pacheco route still stands, rail officials say The rail authority, Kenny ruled, and a new double-track bridge. ment of residents and businesses,” offered substantial evidence to sup- But Kenny agreed with the Kenny wrote. “However, none of by Gennady Sheyner port its finding that using the Alta- plaintiffs that certain parts of the this was addressed in the EIR (envi- Sacramento judge ruled environmental-impact report inad- mont Pass (which runs through the Pacheco Pass alignment would ronmental-impact review).” Wednesday that the state equately described a portion of the East Bay) would pose significant need to be restudied, particularly The railroad company’s refusal to A agency charged with build- project and failed to address Union construction and environmental in light of Union Pacific’s opposi- share its tracks should have prompted ing a high-speed rail line from San Pacific’s refusal to share its right-of- challenges. The rail project, ap- tion to sharing its tracks with the the rail authority to recirculate its en- Francisco to Los Angeles must re- way with the new rail system. proved by California voters in No- high-speed rail. The ruling singles vironmental review, Kenny wrote. write portions of its environmental But Kenny also rejected a claim vember, is legally required to run out the portion of Pacheco Pass be- Stuart Flashman, an attorney for review, a ruling that could delay the by Menlo Park, Atherton and a co- between San Francisco and Los tween San Jose and Gilroy the plaintiffs, said Union Pacific’s $40 billion project. alition of environmental and trans- Angeles. Using the Altamont Pass “If Union Pacific will not allow stance throws a wrench into the au- Sacramento Superior Court Judge portation groups that the rail author- would thus require the rail line to the Authority to use its right-of-way, thority’s plans. Michael Kenny issued the ruling stat- ity did not sufficiently consider the cross the San Francisco Bay, a proj- it appears it will be necessary for the ing the rail authority’s voluminous Altamont Pass as a plausible alter- ect that could result in loss of wet- Authority to obtain additional right- (continued on page 8) COURTS Jury selection begins in May murder trial Alvarez faces the death penalty if convicted of East Palo Alto officer’s murder by Sue Dremann nstructions to the jury in the trial he will present evidence that May of Alberto Alvarez, accused of operated outside the scope of his du- I murdering East Palo Alto Police ties, allegedly beating Alvarez with Officer Richard May in January a baton and firing a shot at Alvarez 2006, will include a modern-day as the defendant ran away. admonition: No tweeting. But Steve Wagstaffe, San Mateo That instruction to refrain from County chief deputy district attor- using the website Twitter was one of ney, argued that if the defense is several decisions San Mateo County allowed to present the PTSD ar- Superior Court Judge Craig L. Par- gument, the prosecution should be sons and attorneys for the defense allowed to present gang-affiliation Veronica Weber Veronica and prosecution worked out on the evidence in order to draw a distinc- opening day of Alvarez’s capital- tion between Alvarez as an innocent punishment trial Tuesday. victim of a violent world and bring- Alvarez, 25, is charged with ing violence upon himself. first-degree murder with special Alvarez “sought out gang activity. circumstances and could be given He was not just a victim of a violent They’re b-a-a-a-c-k to school the death penalty or life in prison world, but he was one of the active Ohlone Elementary School teacher Kim Prescott captured the attention of her kindergarten and first- without the possibility of parole if participants in the violent world,” grade students by reading ‘Mouse Paint’ on the first day of school in Palo Alto on Tuesday. The school convicted. He allegedly shot May to Wagstaffe said. district is facing lower-than-expected enrollment this year. death after the officer responded to Alvarez, looking thinner and pal- a call about an argument at a Uni- er than in his arrest photos, sat pas- versity Avenue restaurant in East sively in red jail clothing, shackled COMMUNITY Palo Alto. at the waist and ankles in the court- On Tuesday, Parsons ruled on room Tuesday. and feature representatives from the jury-selection criteria and left open Parsons agreed that jury instruc- Amid fear of another suicide, Buddhist, Jewish, Muslim, Protes- the possible admission of some tions will include the “Liberman tant, Roman Catholic and Christian evidence at the end of the trial that admonition,” named after Alva- Science traditions. alleges Alvarez is a member of the rez’s attorney, who raised the is- vows of vigilance The Palo Alto Council of PTAs, Sacramento Street Gang. sue of restricting use of high-tech Palo Alto officials, parents respond Lucile Packard Children’s Hospital In March, Parsons had blocked evi- devices by jurors during the trial, and Adolescent Counseling Servic- dence of Alvarez’s alleged gang af- along with newspapers and news to teen’s suicide with counseling, workshops es will be presenting a panel discus- filiation. He reaffirmed that ruling on reports. by the Palo Alto Weekly Staff sion and resource fair on stress on Tuesday, saying the alleged gang con- Jurors will also be warned against Oct. 21. (See sidebar on page 5 for nection cannot be presented as a mo- posting on Twitter (called tweeting), n the wake of a third Palo Alto of a southbound train. Caltrain offi- details.) tive. But he would consider in a sepa- blogging or instant messaging or re- student suicide on the Caltrain cials said that she left a suicide note “Clearly we have a case of suicide rate hearing later whether prosecutors ceiving such messages, all of which I tracks within four months, wor- at the scene. She was identified by clusters here,” a somber Kevin Skel- can use the argument during rebuttal could cause a mistrial. ried school officials, parents and the Santa Clara County Coroner’s ly, Palo Alto Unified School District at the end of the trial, he said. The trial resumed Tuesday after a mental-health professionals are Office Tuesday as Catrina Holmes superintendent, said Monday. “Our Defense attorneys are expected to five-month postponement. Following vowing to increase their support of Palo Alto. balancing issue is to take care of the present expert witnesses to testify jury selection, which could last five for children and youth and have The religious community will be kids.” that Alvarez suffers from post-trau- weeks, attorneys’ opening statements planned two workshops to address hosting a panel discussion on Mon- On Monday, a retired counselor matic stress disorder (PTSD) that are expected the week of Oct. 12. emotional well-being this fall. day on how spiritual practices and at Terman Middle School, which could have affected his actions. The trial, including the penalty Last Friday night (Aug. 21), a teachings can strengthen the com- Holmes had attended, met with Eric Liberman, one of two de- phase, is expected to last until 13-year-old incoming Gunn High munity’s youth. It will be moderated fense attorneys, has previously said Dec. 16. N School freshman stepped in front by Palo Alto Mayor Peter Drekmeier (continued on page 5) *>ÊÌÊ7iiÞÊUÊÕ}ÕÃÌÊÓn]ÊÓääÊU Page 3 Upfront 703 HIGH STREET, PALO ALTO, CA 94302 QUOTE OF THE WEEK (650) 326-8210 PUBLISHER ‘‘ William S. Johnson EDITORIAL Jay Thorwaldson, Editor Jocelyn Dong, Managing Editor Carol Blitzer, Associate Editor Keith Peters, Sports Editor We’re at a dangerous point right Tyler Hanley, Express™ and Online Editor Rebecca Wallace, Arts & Entertainment Editor Rick Eymer, Assistant Sports Editor now. Chris Kenrick, Gennady Sheyner, Staff Writers — Kevin Skelly, superintendent of the Palo Alto Sue Dremann, Staff Writer, Special Sections Editor Karla Kane, Editorial Assistant Unified School District, on comforting grieving Veronica Weber, Staff Photographer students while not making suicide seem normal. See Jeanne Aufmuth, Dale Bentson, Colin Becht, ‘‘ story on page 3. Peter Canavese, Kit Davey, Jeanie Forte, Iris Harrell, Sheila Himmel, Kevin Kirby, Jack McKinnon, Susan Tavernetti, Robert Taylor, Contributors Daniela Reichelstein, Kristen Barta, Emily James, Maud Lepine Editorial Interns Lauren Jow, Arts & Entertainment Intern DESIGN Shannon Corey, Design Director Around Town Raul Perez, Assistant Design Director Linda Atilano, Diane Haas, Scott Peterson, HEALTHY SKEPTICISM ..