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Volume 82 | Number 4 NOVEMBER 15, 2012 |FREE
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NEWSTALK
Explaining Medicare Open Enrollment Deadline: Dec. 7th
JESSICA TATA found guilty of murder
P2 ENTERTAINMENT JOHN LEGEND performs at awards show
P4 SPORTS OPINION
DJ HAYDEN
H Page 8
makes miraculous recovery
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Craig Washington receives honor
Former Congressman Craig Washington was recently honored for his legendary contributions to the people of Texas and the United States, but his wasn’t because of his political accomplishments. See which organization paid tribute to Washington. Find out what he has been up to since leaving Congress. H Page 2
President Obama gets Black support African-American voters have been some of President Barack Obama’s staunchest supporters. Numerically speaking, how did they prove their allegiance the second time around? How many white Americans voted for the president? What did the Democratic Party do to make a difference in the recent election? H Page 3
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Tata found guilty of murder Defender News Services
A local jury found day care operator Jessica Tata guilty on one count of felony murder in the death of 16-month-old Elias Castillo. He was one of four children who died in a February 2011 fire after Tata left him and six others unsupervised while she went shopping at Target. Tata, 24, faces from five years to life in prison depending on the sentence the jury hands down during the punishment phase of the trial. She still faces three more counts of felony murder, three counts of abandoning a child and two counts of reckless injury to a child.
Tata’s attorney, Mike DeGeurin, said it was a crime that Tata left the youngsters alone but not murder. He argued that a faulty refrigerator, not a pan of oil on a burner, could have caused the fire. Prosecutors dismissed the theory and said Tata was “multi-tasking” by leaving the children alone to go shopping. Surveillance video showed Tata shopping before the fire occurred and a store employee testified that she did not seem in a hurry to get home. Tata fled to Nigeria after the fire but was captured a month later.
Jessica Tata
Washington honored as legal legend By ASWAD WALKER Defender The State Bar of Texas honored former Houston Congressman Craig Washington as a Texas Legal Legend during a recent ceremony at his alma mater, Texas Southern University’s Thurgood Marshall School of Law. The purpose of the legend series is to preserve and share the perspectives of acclaimed lawyers. Washington was honored because of his contributions to the people of Texas and the United States. “The State Bar of Texas continues its commitment to excellence in its induction of Craig A. Washington into Texas Legal Legends,” said Marcia Johnson, a professor of law at Thurgood Marshall. “Spanning more than four decades, Craig has been a steadfast champion of justice. His celebrated intellect, outstanding oratory and legal prowess are inspirational Craig Washington is joined by Jennifer Doan and James “Wes” Christian at the to the next generation of lawyers. The world is better
because he is here,” Johnson said. When informed he was being inducted as a Texas Legal Legend, Washington said, “I was flabbergasted. The thought of receiving such an award has never been in my mind my entire career. I am humbled beyond description.” Washington, a native of Longview, earned his bachelor’s degree in biology from Prairie View A&M University in 1966 and his juris doctorate from TSU’s Law School in 1969, where he graduated No. 1 in his class. While in law school, Washington was captain of the Moot Court Team and president of the Student Bar Association. Soon thereafter, Washington served as assistant dean and assistant professor of law at the law school. In 1970 Washington left TSU to enter private practice, and began his political career two years later when he was elected to the Texas House of Representatives.
Texas Legal Legends induction.
Continued On page 6
localbriefs THE RACE IS ON TO REPLACE the late State Sen. Mario Gallegos, who was re-elected posthumously. Houston State Rep. Carol Alvarado and Sylvia Garcia announced their candidacies for the position. Alvarado was joined by Gallegos’ family members during her announcement. A former Houston City Council member, she was first elected to the Texas House in 2008. Garcia is a former city controller and county commissioner. She said Gallegos was a friend, colleague and distant cousin. The date for the special election will be decided by Gov. Rick Perry…….. CAMERON DORSEY has been charged with capital murder in
the deaths of his 89-year-old grandfather, Clements Dorsey, and 61-year-old aunt, Barbara Alexander. Dorsey, 20, allegedly beat the pair to death with a sledgehammer and set a fire to cover up the crime. He moved into his grandparents’ Southeast Houston home after he was released from jail, and was recently told he had to find another place to life. Clements Dorsey was a pastor at Holy Temple of Jesus Christ Church. ……...STATE SEN. RODNEY ELLIS filed a health care bill package aimed at implementing key elements of the Affordable Care Act in Texas, which has the highest percentage of uninsured in the nation
with one in four Texans lacking insurance. Ellis said the legislation will bring billions of dollars to the state, expand Medicaid to approximately 1.5 million additional Texans and set up a state health insurance exchange that works for Texas …….. THE WOMEN, INFANTS AND CHILDREN program at the Houston Department of Health and Human Services has launched a breast milk depot, a site where lactating women can donate their extra milk and help feed premature and critically ill babies. The Southwest Clinic at 6400 High Star will become the first WIC site in the Houston area to house a milk depot.
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national
U.S.briefs CORNEL WEST CONTINUES TO CRITICIZE President Barack Obama, calling him a Republican in blackface. In an interview with Democracy Now, West said while he is happy Mitt Romney didn’t win, he finds it “morally obscene and spiritually profane” that the candidates spent billions on the election while people live in poverty. “I’m glad there was not a right-wing takeover, but we end up with a Republican, a Rockefeller Republican in blackface, with Barack Obama, so that our struggle with regard to poverty intensifies,” West said……..REPUBLICAN CONGRESSMAN ALLEN WEST, another Black Obama critic, is refusing to concede to his opponent, white Democrat Patrick Murphy. A partial recount in the hotly contested Florida election showed Murphy leading West by 1,907 votes. Despite West’s objections, Murphy arrived in Washington, D.C. to attend orientation events with other incoming lawmakers. The West-Murphy race was bitter and expensive. The two candidates raised more than $21 million, and outside groups spent at least $6 million……..PRESIDENT OBAMA LEARNED ABOUT THE SCANDAL involving CIA Director David Petraeus after he was re-elected to a second term. Petraeus, an Army lieutenant general who previously commanded the war in Afghanistan, resigned because of an extramarital affair with his former biographer. The scandal continues to takes twists and turns. The Pentagon said that another top American commander in Afghanistan, Gen. John Allen, is now under investigation for “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an affair. After accepting Petraeus’ resignation, Obama said: “I am completely confident that the CIA will continue to thrive and carry out its essential mission, and I have the utmost confidence in Acting Director Michael Morell and the men and women of the CIA who work every day to keep our nation safe.”
VOLUME 82 • NUMBER 4 NOVEMBER 15, 2012
Publisher Sonceria Messiah-Jiles Advertising/Client Relations Selma Dodson Tyler Print Editor Marilyn Marshall Online Editor ReShonda Billingsley
Art Director Tony Fernandez-Davila People Editor Yvette Chargois Sports Editors Max Edison Darrell K. Ardison Contributing Writer Aswad Walker
The Defender newspaper is published by the Houston Defender Inc. Company (713-663-6996.. The Defender is audited by Certified Audited Circulation. (CAC). For subscription, send $60-1 year to: Defender, P.O. Box 8005, Houston TX 77288. Payment must accompany subscription request. All material covered by 2012 copyright. (No material herein may be reproduced without the written permission of the publisher).
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Black voters key to Obama’s second win By Freddie Allen NNPA Washington Correspondent
Despite efforts in some states to suppress the Black vote and predictions that AfricanAmericans would not turn out at the rate they did in 2008, Blacks overcame all obstacles and were key to Obama’s re-election to a second term, an analysis of voting data shows. Exit polls show that 93 percent of Blacks voted for Obama this year, down slightly from the 95 percent rate in 2008. But voting for all groups was down this year compared with the presidential election four years ago. Obama carried every age bracket by at least 90 percent, but there was a gender gap among African-Americans, with 96 percent of Black women voting to re-elect the nation’s first Black president and 87 percent of men supporting Obama. Republican challenger Mitt Romney received only 6 percent of the Black vote, which was 2 percent higher than John McCain in 2008 but less than 11 percent achieved by George Bush in 2004 when he defeated John Kerry. “The African-American vote was crucial for President Obama in Ohio, Michigan, Pennsylvania, Florida and Virginia,” said David Bositis senior research associate at the Joint Center for Political and Economic Studies, a Washington, D.C.-based think tank. Obama defeated Mitt Romney in the battleground state of Ohio 50 percent to 48 percent. Blacks, who increased their share of the electorate from 11 percent in 2008 to 15 percent in 2012, gave 96 percent of their vote to President Obama, providing him with more than his cushion of victory.
President Barack Obama and Vice President Joe Biden received overwhelming support from Black voters.
Blacks also provided Obama with more than his margin of victory in Michigan, Pennsylvania, Florida and Virginia, all battleground states and all carried by Obama. Obama also won 71 percent of the Latino vote, compared with 27 percent for Romney. The Latino vote was credited with carrying Obama to victory in Colorado, Nevada and New Mexico. His showing among Latinos was an improvement over the 66 percent share he won four years ago. Romney won 59 percent of the White vote, compared with 39 percent for Obama, but that was not enough to overtake Obama’s progressive coalition of Blacks, Latinos, Asians, unmarried women and low-income voters. “The 2012 presidential election will be the last campaign where one of the major parties seeks to get elected solely with the white vote,” said Bositis.
After losing to a president presiding over high unemployment and a sluggish economy, Republicans have been engaged in some public soul-searching, realizing that they must broaden their appeal if they want to remain competitive in national politics. Where Republicans have effectively abandoned opportunities to appeal to Black voters, the Democratic Party effectively mobilized African-Americans to combat voter suppression efforts in battleground states said Lorenzo Morris, chair of the Political Science Department at Howard University in Washington, D.C. “Blacks will continue to support the Democratic Party at high levels and they were definitely supportive of Obama, but I doubt that we would have seen the same level of turnout had other issues not mobilized Black voters during the election,” said Morris.
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DEFENDER | NOVEMBER 15 | 2012
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Music fills the air
Two awards shows on TV in November Defender News Services
Music fans can get their fill of many of their favorite stars during the American Music Awards and the Soul Train Awards, both of which air during the month of November. The American Music Awards can be seen Sunday, Nov. 18 at 7 p.m. on ABC. Viewers can also watch the live show on such venues as ABC.com, Livestream, Ustream and YouTube. For the sixth year, winners will be determined by online voting which recently concluded. Artists will be honored in the categories of Pop/Rock, Country, Rap/HipHop, Soul/R&B, Alternative, Adult Contemporary, Latin, Contemporary Inspirational and Electronic Dance Music. Nicki Minaj and Rihanna both lead this year with four nominations each, while artists such as Drake, Justin Bieber, Maroon 5, One Direction and Usher follow with three nominations each. Chris Brown collected two nominations. Some of the music industry’s hottest stars can also be seen at the 2012 Soul Train Awards held in Las Vegas. The awards show premieres
simultaneously on BET and Centric on Sunday, Nov. 25th at 8 p.m. Cedric the Entertainer is the show’s host. Performers include John Legend (also nominated for Song of the Year), Fantasia and Charlie Wilson. Presenters include Jody Watley and Keri
Estelle
John Legend
Trey Songz
Rihanna
Hilson. The Lifetime Achievement Award will be presented to New Edition, comprised of Bobby Brown, Ronnie DeVoe, Ricky Bell, Michael Bivins, Ralph Tresvant and Johnny Gill. The
show also pays tribute to the “Soul Train” host and producer Don Cornelius, who committed suicide on Feb. 1. Several stars received multiple nominations, including Beyoncé, Trey Songz, Esperanza Spaulding, Kanye West, R. Kelly, Usher and Estelle.
whats’up Gospel music star KURT CARR has reason to rejoice. First, he will receive the James Cleveland Lifetime Achievement Award at the 28th Annual Stellar Awards in January. It will be a “humbling” honor for Carr, who received his big break when Cleveland hired him as a keyboard player. In addition, his new single “I’ve Seen Him Do It” is the No. 2 Christian & Gospel song on iTunes. It is also the first single from his CD “Bless This House,” which goes on sale in January ……..The late SHERMAN HEMSLEY could finally be buried. Hemsley, best known for his roles on the sitcoms “The Jeffersons” and “Amen,” died July 24 in El Paso. His body has been in refrigerated storage due to a struggle over his estate between his half-brother Richard Thorntown and long-time friend Flora Bernal.
An El Paso judge recently ruled in favor of Bernal, who was named in Hemsley’s will as the executor of his estate……..KEVIN CLASH, the voice behind “Sesame Street’s” Elmo, says he is “relieved.” The man who accused Clash of having sex with him when he was 16 recanted his story, and admits they had a consensual relationship as adults. The accuser is now 23, and first made the charges in June. Clash called the charges “false and defamatory.” He said he knew the accuser but their relationship occurred after he was of age. “I had a relationship with [the accuser],” Clash said. “It was between two consenting adults and I am deeply saddened that he is trying to make it into something it was not.” Clash also addressed his sexual orientation. “I am a gay man. I have never been ashamed of this
or tried to hide it, but felt it was a personal and private matter,” he said…….. KEVIN FRAZIER will once again co-host the Thanksgiving Day Parade on CBS. It airs at 8 a.m. on Thursday, Nov. 22. Frazier will be joined in the broadcast booth by Brooke Anderson, his co-host on TV’s “The Insider.” Now in its 52nd year, the holiday special will feature portions of the 86th Annual Macy’s Thanksgiving Day Parade live from New York City………. TERRENCE JENKINS, best known as the host of BET’s “106 & Park,” has replaced Ryan Seacrest as co-host of “E! News with Giuliana Rancic.” Jenkins’ debut featured an exclusive interview with CHRIS BROWN. Jenkins, formerly known as Terrence J, appeared in such films as “Stomp the Yard,” “Think Like a Man” and “Sparkle.”
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Fighting illiteracy in District B By ASWAD WALKER Defender Illiteracy presents a silent but deadly threat to the overall well-being of Houstonians young and old, yet this destroyer of dreams rarely makes headlines. For District B City Councilman Jerry Davis, however, the culprit is front page news. A 2012 report by the World Literacy Foundation found that the inability to read results in lost economic earnings, limited educational opportunities, higher business costs, poorer health and increased crime. Davis sees the impact illiteracy has on his district, and did not need the foundation’s report to confirm what he already knew. “The current District B profile reveals as of 2010, 44.6% of District B minors are living in poverty. Only 31% of District B residents have achieved a high school diploma or its equivalent. The high level of correlation between income and literacy are clear,” he said. Davis’ district covers such areas as Acres Homes, Fifth Ward, Kashmere Gardens, Trinity Gardens, Clinton Park, and George Bush Intercontinental Airport. The district is predominantly Black with a rapidly growing Latino population. Davis recognizes how educational shortcomings can lead to shrinking employment options. He recalled that when talking to District B constituents on the campaign trail, “their main concern was jobs,” he said. “But when I went to the business sector, they said ‘We have jobs, but the people
Council Member Jerry Davis
don’t have the skill sets needed for those jobs.’ ” In an effort to break the negative cycle, Davis recently sponsored a “Walking Toward Literacy” initiative that brought out District B staff, community volunteers and business professionals to eight community elementary schools to promote reading. “Shell Oil and others came out and read to students, and talked to them about careers, education, and the priorities needed for success,” Davis said. “Our goal was to touch 100 kids, but the demand from students to participate was so strong that we ended up working with over 400.” Participating schools included Atherton, Betsy Ross, Houston Gardens, Isaacs, Kashmere Gardens, Lakewood, Nat Henderson, and Thurgood Marshall. Houston Public Library and Houston Center for Literacy supported the effort by providing books for volunteers to read to the students. The effort culminated with a walk through Tidwell Park attended by the initiative’s students and their parents. Davis’ recent efforts led
District B residents attend an event promoting literacy.
Literacy facts & figures • At No. 60, Houston is ranked in the bottom half of America’s most literate cities with a population of 250,000 or more. • 3.8 million Texas residents need the services of an adult education program, but only 100,000 are being served. • Texas ranks 47th out the 50
to a non-profit organization and a local restaurant committing to partner with some of the participating schools to provide literacy programs and make monetary contributions. “This event allowed businesses and others to see what’s going on in District B, providing them with a way to help principals meet their goals to improve their schools,” Davis said. “Ultimately, when folk asked me ‘Why is this your issue? You’re not on the board of education,’ I knew I wanted to give kids’ opportunities and investment on the front end rather than paying the costs to incarcerate them on the back end. So in a very real
such as child care, higher education, labor and energy. After leaving Congress he returned to his law practice in Houston and Bastrop, and to his alma mater to serve as distinguished visiting professor during the 2000-2001 school year. Currently, Washington maintains his legal practice and also appears as faculty/ panelist at continuing education and legal conferences throughout the U.S., discussing such topics as race and the law, opening and closing Statements, and trying death penalty cases.
socio-economic issue in the United States. For example, more than 60 percent of all state and federal corrections inmates can barely read and write. • 85% of all juveniles who interface with the court system are functionally illiterate. Sources: Literacy Texas, Defender News Services
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Washington...Continued from page 2 Washington was a fixture in the Texas House for a decade, before being elected to the Texas Senate in 1982. Washington served as state senator until he was elected to represent Houston’s 18th congressional district, a position he held until 1995. During the debate on the Civil Rights Act in Congress, he chaired full committee and field hearings, led the floor debate on quotas, and fought for the ability of women and religious minorities to sue for damages. Washington was a member of numerous conference committees confronting issues
states in terms of English literacy levels. • Of the 93 million adults in the U.S. functioning at or below basic levels of literacy, 30 million are the parents or primary caregivers of children 8 and under. • Adult low literacy can be connected to almost every
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NOVEMBER 15 | 2012 | DEFENDER
Was your home in the FORECLOSURE PROCESS in 2009-2010, and was your mortgage loan serviced by one of the companies listed here? America’s Servicing Co.
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Aurora Loan Services
EverBank/EverHome Mortgage Company
Sovereign Bank
Financial Freedom
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Beneficial
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U.S. Bank
Chase
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Citibank
HSBC
CitiFinancial
IndyMac Mortgage Services
CitiMortgage
MetLife Bank
Wells Fargo Bank, N.A.
Countrywide
National City Mortgage
Wilshire Credit Corporation
BAC Home Loans Servicing Bank of America
Wachovia Mortgage Washington Mutual (WaMu)
If you believe foreclosure errors cost you money, you can request a free review of your mortgage foreclosure file by a neutral party. You give up nothing by requesting a review and waive no rights by accepting compensation.
IF AN ERROR IS FOUND, YOU COULD RECEIVE A PAYMENT OR OTHER COMPENSATION THAT MAY INCLUDE REFUNDED FEES, STOPPING OF A FORECLOSURE OR PAYMENTS UP TO $125,000 PLUS EQUITY.*
Visit IndependentForeclosureReview.com or call 1-888-952-9105 to request a review today. You must submit a Request for Review Form no later than December 31, 2012. Don’t pay for help to request a review. Federal bank regulators—the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency, a bureau of the U.S. Department of the Treasury—are directing and monitoring the review process. For more information, go to the government websites: occ.gov/independentforeclosurereview or federalreserve.gov/consumerinfo/independent-foreclosure-review.htm If you need free help to complete the Request for Review Form, contact a HUD-approved nonprofit organization that helps homeowners in distress. Information about HUD-approved nonprofit organizations that can provide free assistance is available at makinghomeaffordable.gov/get-started/housing-expert or by calling 1-855-778-0855. Si usted habla español, tenemos representantes que pueden asistirle en su idioma para darle información sobre la Revisión Independiente de Ejecución Hipotecaria. Assistance is also available in over 200 languages, including: Chinese, Korean, Vietnamese, Tagalog, Hmong and Russian. 提供中文幫助。 한국어 도움을 제공합니다. Помощь на русском языке.
Trợ giúp hiện có bằng tiếng Việt. Peb muaj cov neeg hais lus Hmoob pab nej. Available ang tulong sa wikang Tagalog.
* Any payments made to you if errors in your foreclosure are found may be reported to the IRS and may have tax implications. Consult a tax advisor to discuss those implications.
An important message directed by the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency
INDEPENDENT FORECLOSURE REVIEW
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The basics of Medicare When an American citizen turns 65, he or she becomes eligible for Medicare coverage to help pay for health or medical care as it becomes necessary. Coverage falls into four different areas, called “Parts.” Medicare Part A is in-patient hospital coverage, plus skilled nursing, hospice and home health care. Medicare Part B is for doctor visits and preventive services like screening tests. Medicare Part C is the part that covers Medicare Advantage plans, which are managed care provided by private companies. These are optional plans that Medicare patients may choose to pay for separately. Medicare Part D is drug coverage. All Medicare recipients get minimal, basic payment assistance for Parts A, B and D covering hospital stays, doctor visits and to pay for some drugs. That does not mean they are free – it just means they are partially paid for, depending on how much you paid in during your working years and what your current annual income is. The extra costs will come in the form of premiums and/or co-pays. Original Medicare • Provided by the government. • Provides for choices among hospitals, doctors, pharmacies and other providers. deductibles
and co-insurance requirements for doctors’ appointments and hospital stays. • Does not provide drug coverage by itself.
Medicare Advantage Plans • More like the traditional private insurance, run by private insurers and are managed very similarly. • Choices of doctors, hospitals and other providers limited. • Benefits more extensive and broader than Original Medicare in general. • More and more of the costs of drugs are being covered. • Cost depends on your health and medical needs, and your wallet.
cover
Explaining Medicare Open Enrollment Deadline: Dec. 7th By RESHONDA TATE BILLINGSLEY Defender The more than 39 million Americans on Medicare now have the opportunity to reevaluate and make changes to their plans. Whether you have original Medicare, Medicare Advantage or a Part D prescription drug plan, you are urged to take advantage of the open enrollment period – which ends Dec. 7 – to compare options and get the right fit. Along with Medicaid (an assistance program for low-income individuals), Medicare is one of the nation’s primary health insurance programs and, in many ways, it has been one of the federal government’s most significant success stories. Now, until Dec. 7, those on Medicare can change from traditional Medicare to a Medicare Advantage plan, or vice versa; from one Medicare Advantage plan to another offered in their area; from one “stand-alone” Part D prescription drug plan to another. (A “stand-alone” plan provides only Part D drug coverage and is typically needed by people who are enrolled in traditional Medicare and have no other drug coverage from elsewhere, such as from retiree benefits or the VA health system. Most Medicare Advantage plans include both medical benefits and Part D coverage in one package.) “Every Part D drug plan and every Medicare Advantage plan can change its costs and coverage every calendar year – that means premiums, deductibles, copays and covered benefits. So the plan that was best for you in 2012 won’t necessarily be the best in 2013,” said Patricia Barry, a Medicare expert with AARP. Every September, these plans must send to their enrollees a notice that specifies all changes for the coming calendar year.
“It’s really important to read these “annual notic es of change” very carefully to avoid having any nasty shocks come January. If you can’t remember receiving this notice, or have accidentally tossed it, call you plan to ask for another immediately,” Barry added. When it comes to what you should look for, Barr says there are a number of things to take into consid eration: Look beyond a plan’s premiums. In Part D drug plans, overall expense is most determined by the specific drugs you take. That’s because the plans charge widely varying copays, even for the same drug Using the Medicare plan finder program, if you enter your zip code and the names of the prescriptio drugs you use, plus their dosage and how often you take them, the program automatically does the math to find the plan that covers your drugs at the least out-of-pocket cost. Beneficiaries can use the online plan finder program on the Medicare website at www.medicare. gov to compare details of plans. Or you can call the Medicare help line at 1-800-633-4227 and ask a cus tomer representative to do a similar search. Locally, you can call HICAP (Health Information Counseling and Advocacy Program) at 1-800-2529240. Any changes you make will take effect Jan. 1, 2013. Assess individual needs. If you don’t take any drugs right now (or only occasionally), choose the plan in your area with the lowest premium. That wa you get coverage – just in case you fall victim to an unexpected disease or injury that requires expensive drugs to treat – at the lowest cost. Married couples often prefer to be in the same Part D plan, but they should really compare availabl plans individually depending on the specific drugs each takes. In many cases, the plan that’s best for on spouse won’t be best for the other.
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Medicare recipients have until Dec. 7 to reevaluate and make changes to their plans.
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Look at each plan’s quality ratings. Medicare rates the quality of each plan according to a variety of measures, such as customer satisfaction, through a star system, which ranges from one star for “poor” to five stars for “excellent.” These are shown on the plan finder on Medicare’s website. Plans that have received three or fewer stars for three years in a row are flagged by a warning sign on the website, and for the first time Medicare has recently mailed warning notices to people enrolled in these plans. Look for restrictions. (Such as “prior authorization” or “quantity limits” or “step therapy”) on any of your drugs. In all these cases, you have to ask the plan’s permission (with your doctor’s support) to receive coverage for your prescribed drug. Plans don’t all place the same restrictions on the same drugs, so comparing plans according to the drugs you take will show you which plans restrict yours. Know your situation. If your current Medicare Advantage or Part D plan is provided as a retiree benefit from a former employer, you probably won’t be able to change to another plan without losing these benefits. Before considering switching to another plan, consult your current plan about the consequences. While it’s not necessary to make changes (an existing plan simply continues to the next year if no action is taken by Dec. 7), Barry says it’s important to use this time to determine which plans may be right for you. “If a beneficiary has not signed up for Part D prescription drug coverage when first eligible, and has not had comparable drug coverage from elsewhere since then, he or she would have to wait until open enrollment next year, and would probably incur another 12 months added to their late penalties,” Barry said.
Houston area for over 80 years
Beware of Medicare scams For Medicare beneficiaries, the period through Dec. 7 provides them the opportunity to change their Medicare Part D plans and their Medicare Advantage Plans, but it also provides scam artists an opportunity to take advantage of the elderly. Representing themselves as government officials, these thieves contact seniors by phone, email, or by coming to their doors, asking questions about their health insurance or offering them new cards to replace their current card. They trick you on the phone by using numbers that appear on the caller ID to be a local call or from somewhere in the United States, but in reality they use fake numbers to disguise that they are located overseas. Why do they want this personal information? These crooks might be collecting Medicare numbers that will be used to commit Medicare fraud or medical identity theft. “Once a scam artist has someone’s Medicare number, they will pass it around,” said Barbara McGinity, Texas Senior Medicare Patrol project director. “It is really important that you do not give out your Medicare number to strangers; protect it as you would your social
Security number.” They might also be fishing for your bank account number. They trick people into giving out this info by asking for information on direct deposit of your social security check. Once they have your banking information, they can steal money out of your account in just a few hours. If someone comes to your door to discuss health care reform, do not let them into your house and immediately contact your local police. If anyone calls you on the phone asking for personal information, hang up. Being rude is the best way to protect yourself. If you have given out banking information, contact your bank immediately to help close your account. If you have questions about any phone calls you have received about your Medicare, you can contact the Texas Senior Medicare Patrol (SMP) at 1-888-341-6187 or 713-341-6184. A nationwide program, the Senior Medicare Patrol works to educate seniors about Medicare fraud and abuse and is credited with saving taxpayers more than $100 million since 1997.
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DEFENDER | NOVEMBER 15 | 2012
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A Defender and Kelsey-Seybold Clinic Alliance
Migraine: More than Just a Bad Headache By Desiree Bobino Thomas, M.D.
Migraine headaches involve recurrent attacks of moderate to severe throbbing or pulsing nyone who pain, often on one side of has ever the head. Patients report suffered a other symptoms such as migraine sensitivity to light, noise knows it’s and odors, and headno ordinary headache. aches are sometimes Migraine is a neuroaccompanied by nausea logical disease that causes and vomiting. Routine periodic, painful attacks. physical activity, coughRecent studies show that ing or sneezing can 23 million Americans, make the pain worse. approximately 18 percent Individuals with of females and 6 percent Dr. Thomas is a board-certified neurologist who cares for patients at frequent, bad headaches of males, have at least Kelsey-Seybold’s Main Campus near that interrupt their work one migraine headache a the Texas Medical Center and Fort year. Among women, 16.2 Bend Medical and Diagnostic Center in or personal life should speak with a healthpercent of African Ameri- Sugar Land. care professional. As a cans met the criteria for general rule, for non-severe headaches, your migraine. In men, 7.2 percent of African personal doctor is a great place to start. Americans were considered to have miHowever, if the recommended treatments graine.
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are not working well or unusual symptoms are present, you may need a neurologist, who specializes in disorders of the nervous system. Migraines can be caused by a number of triggers that are both behavioral and environmental. These triggers include certain foods and drinks such as cheese, chocolate, nuts, processed meats, red wine and coffee. Pungent odors, bright lights, stress, inconsistent sleeping patters, change in weather, and hormonal cycles can also trigger migraines. While it is nearly impossible to avoid all triggers, you and your doctor can identify which ones cause your migraines and discuss how to manage them. Migraine headaches are often undiagnosed and untreated. If you regularly experience signs and symptoms of migraine attacks, keep a record of your attacks and how you treated them. Then make an appointment with your doctor to discuss your headaches and decide on a treatment plan. Several factors make you more prone
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to having migraines: • Family history: If one or both of your parents have migraines, there’s an increased chance you will, too. • Age: Migraine can begin at any age, though most people experience their first migraine during adolescence. By age 40, most people with migraine have had their first attack. • Hormonal changes: If you’re a woman who has migraines, you may find that your headaches begin just before or shortly after onset of menstruation. They may also change during pregnancy or menopause. Fortunately, there are treatments available to help migraine sufferers get back to living life without debilitating pain. A variety of drugs have been specifically designed to treat migraines. In addition, some drugs commonly used to treat other conditions also may help relieve or prevent migraines. Working closely with your personal physician and a neurologist, if needed, will bring you closer to headache relief.
At Kelsey-Seybold’s Main Campus clinic near the Texas Medical Center, you’ll find a great team of specialists, plus an onsite laboratory, X-ray and Kelsey Pharmacy. OB/GYN Ophthalmology Optometry Orthopedics – Hand Surgery Orthopedics – Spine Orthopedics – Sports Medicine • Pain Management • Pediatrics • Pediatric Ophthalmology • • • • • •
• Pediatric Orthopedic Surgery • Pediatric Pulmonary Medicine • Plastic and Reconstructive Surgery • Podiatry • Radiology • Rheumatology • Surgery
Main Campus 2727 West Holcombe Blvd.
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24-Hour Appointment Scheduling: 713-442-0000 kelsey-seybold.com ACCEPTING NEW PATIENTS and 50 HEALTH PLANS Defender.indd 2
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Supreme Court to hear voting rights case By GEORGE E. CURRY NNPA Editor-in-Chief
After hearing oral arguments earlier on whether an affirmative action program at the University of Texas is constitutional, the United States Supreme Court has agreed to review a challenge to the Voting Rights Act of 1965, paving the way for the court to rule on two major civil rights issues by next summer. The court agreed to hear a case from Shelby County, Ala., 23 miles southeast of Birmingham, that questions whether Congress exceeded its authority when it voted in 2006 to renew Section 5 of the Voting Rights Act, which requires jurisdictions covered by the legislation to pre-clear any election law changes with the U.S. Attorney General or the U.S. District Court in Washington, D.C. to prevent discriminatory voting changes from going into effect. Oral arguments in the voting case are expected to be held in February with rulings in both the voting rights and affirmative cases likely to be announced next summer, probably in July. In its petition, Shelby County, the fastest growing county in Alabama, argued that the pre-clearance provision of Section 5 of the Voting Rights Act violates the Tenth Amendment and Article IV of the United States Constitution. Both provisions grant states power to regulate its elections. In passing the law, Congress relied on the Fifteenth Amendment which prohibits states from denying a citizen the right to vote based on race, color, or previous condition of servitude such as slavery. Shelby County went to court after the Justice Department rejected a redistricting plan that apparently played a role in the defeat of Ernest Montgomery, the only Black member of the five-member city council in Calera, Ala., a bedroom community of 12,000 people. Montgomery was elected to the council in 2004 from a district that was nearly 71 percent Black. The district was redrawn two years later, reducing the Black presence to 23 percent. Montgomery narrowly lost his 2008 re-election bid to a white challenger. But the Justice Department invalidated the election because district changes had not been pre-cleared. Shelby County went to court to overturn the decision. “Things have changed in the South,” the Shelby County petition argued. “Voter turnout and registration rate now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels.”
Voting Rights Act facts • The Voting Rights Act was originally passed in 1965 on the heels of the Selma-toMontgomery (Alabama) March. When Section 5 was scheduled to expire, it was extended by Congress in 1970, 1975, 1982 and for another 25 years in 2006. • It was approved the last time with broad bipartisan support. It passed the House by a 39033 margin and the Senate 980. George W. Bush signed the extension in a Rose Garden ceremony attended by members of the Congressional Black Caucus. • The 1965 Voting Rights Act created federal oversight of elections in Alabama and other states and jurisdictions with a history of discriminatory voting practices. • Two lower courts upheld the constitutionality of the Voting Rights Act extension before the Supreme Court decided to accept the case for review.
The county charged that the federal government is still relying on data more than 35 years old and “it fails to account for current political conditions.” Attorney generals in six states covered by Section 5 – Alabama, Arizona, Georgia, South Carolina, South Dakota and Texas – filed a joint brief in support of Shelby County. Surprisingly, the National Black Chamber of Commerce, which describes itself as “a nonprofit, nonpartisan organization dedicated to the economic empowerment of African American communities through entrepreneurship,” filed a friend-of-the-court brief supporting Shelby County’s position opposing continued federal oversight under the Voting Rights Act. By taking that position, the Black business group headed by Harry C. Alford aligned itself with right-wing anti-affirmative action groups such as the Mountain States Legal Foundation and the Pacific Legal Foundation. Both groups filed friendof-the-court briefs with the Supreme Court opposing affirmative action in the University of Texas case and petitions supporting the stance of Shelby County, Ala. “…Section 5 is no longer necessary to combat widespread and persistent discrimination in voting and now, perversely, serves as an impediment to racial neutrality in voting and to the empowerment of state and local officials who represent minority constituencies,” the National Black Chamber of Commerce said in its brief.
The Supreme Court agrees to review a challenge to the Voting Rights Act of 1965.
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We keep Houston working. Thank you for your support. Houston Community College thanks all the members of the community that recognized the importance of higher education and the role of HCC. Together, we can continue to strengthen our city and keep Houston working.
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DEFENDER | NOVEMBER 15 | 2012
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sports
D.J. Hayden
Miracle on the UH gridiron By MAX EDISON Defender
We love sports. The thrill of athletic competition is something that helps us wind down from our often hectic lives. We often use glamorous descriptive terms to describe the significance of these competitions and their participants. We use metaphors that describe sports in life and death terms, from “gladiators” to “sudden death.” While such terms add spice that flavors our passion for sports, there are unfortunate situations where they are not figures of speech but reality. One such occurrence recently involved University of Houston cornerback D.J Hayden and this time, life and death was no metaphor. It was a routine collision that occurred on the Cougar practice field; a collision that Cougar defensive back Hayden had been involved in hundreds of times throughout his football career. Unfortunately, this time it was different. Hayden was injured, and the injury became life-threatening. What occurred could only be described as miraculous. Walter Lowe, M.D., the UH head team physician, confirmed that the former Elkins High School standout had sustained a tear of the infeUniversity of Houston rior vena cava, the large cornerback D.J vein that carries blood Hayden had a close call. from the lower half of the body back to the
heart. Lowe described the injury as very serious. “This injury has never been seen or reported in association with a football injury and is more associated with high speed motor vehicle injuries,” Lowe explained. “The type of injury D.J. had is 95 percent fatal in the field and we are all very thankful for the coordinated response from the University of Houston trainers, EMS paramedics, the trauma team at Memorial Hermann and operating surgeons [Drs.] Rondel Albarado and Phillip Adams.” Hayden, one of C-USA’s top defensive backs was recently named Conference USA Defensive Player of the Week after a two interception game against UTEP Experts believe that the coordinated response from the training staff
Hayden is one of C-USA’s top defensive backs.
and medical personnel saved Hayden’s life. Hayden, who was reported in stable yet critical condition in the Memorial Hermann ICU unit, was released from the hospital six days after his injury. Cougar first-year head coach Tony Levine issued the following statement on behalf of the athletic department. “D.J. is a tremendous young man and has been a great asset to our program, both on and off the field. I ask that everyone continue to keep D.J. and his family in their thoughts and prayers. “We are very fortunate to have some of the nation’s top physicians and medical facilities just minutes away from our campus and I would like to extend our appreciation for their efforts on Tuesday evening. We thank you for respecting the privacy of D.J. and his family at this time. We look forward to supporting D.J. on his road to recovery,” Levine said. Hayden’s close friend, former Cougar teammate and current Texan David Hunter, visited D.J. and provided an encouraging perspective on Hayden’s condition. “He had good spirits,” Hunter said. “He was able to shake his head and stuff like that, so everything was good.” Seeing a friend undergo such difficult circumstances caused Hunter to become reflective. “It was tough when you see a guy have a freak accident happen like that, and it’s somebody who works so hard, somebody who truly loves the game…you kind of take a step back and think about a lot of things,” Hunter said. Our thoughts and prayers go out to D.J. Hayden for a smooth and complete recovery. We also tip our hat to the Cougar football training staff, the EMS paramedics and members of the Memorial Hermann Hospital trauma staff who were all part of his initial treatment. Thank God, miracles still happen!
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Kashmere coach turns to senior leadership
The Kashmere Rams celebrate their 2012 district championship.
By DARRELL K. ARDISON Defender Kashmere High School head football coach Garry Dunham couldn’t have been any more proud of his seniors. Facing a must-win game against Houston Sterling in the 2012 regularseason finale, Dunham went into the dressing room at halftime with a 0-0 tie and mulled over his options. It wasn’t much of a decision. The Rams needed a victory to secure the school’s second consecutive district championship and top seed going into the postseason. A tried-and-true formula all season needed to arise for this important occasion. “I talked to the seniors at halftime and told them that this was a game they had to come up big in,” said Dunham, now in his 10th year as head coach. “In the second half, my seniors stepped up and made some big plays for us and that’s what it takes. “D’Andre Land caught a touchdown after not having one the whole year. Paul Banks had been talking all season about getting an interception and returning it for a touchdown,” Dunham said. “He came through at the end of the third quarter for us. The seniors made it happen tonight. Kashmere starting senior quarterback Deyandre Moody began the scoring (7-0) with a one-yard touchdown run with nine minutes, 25 seconds left in the third
quarter. Three minutes later, Moody scored on a six-yard run and followed that with a 15-yard TD pass to Joshua Jacobs. Banks closed out a 26-point third quarter with an interception Kashmere head coach Garry Dunham is joined by quarterback that he returned Deyandre Moody and No. 44 Grant Ross. 52 yards for a touchdown with lumbia in the first round of the University 36 seconds remaining in the quarter. Interscholastic League (UIL) playoffs. “It became a pride thing,” Moody Dunham believes the impetus said. “We came out in the second half and for Kashmere rallying to win a second just pounded the ball at them.” straight district championship was Meanwhile, the Kashmere defense delivered in a season-opening loss to led by Banks and linebacker Grant Ross Huffman. limited Sterling to one touchdown in “They beat us up a little bit and put each of the final quarters to prevail 32-14. about 42 points on us,” Dunham said. Dunham raves about Ross, who is “But that let us know what we were up ranked No. 1 academically in the senior against in Class 3A. The kids got focused class and is leaning toward attending after and having good senior leaders was Air Force. Ross was out when Kashmere a real bonus.” lost it’s only district game to Jones, only Other key Kashmere contributors to rebound with victories over Yates and include Donyel Glaspie, Jatarius AnSterling. derson, Joshua Atkins, John McKelvey, “I believe Grant Ross is the MVP in A’Darrion Christie, Jeremiah Stevenson, the district,” Dunham said. “We play him Jermey White, Julian Gibson, James both ways and he’s a good running back Scranton and Kelly Wilson. as well.” “It’s great to win a district chamKashmere finished the regular pionship, but we want to be successful season with a 7-3 record, including 6-1 in in the playoffs,” Ross said. “We want to District 23-3A. The Rams will face Comake a name for ourselves.”
NOVEMBER 15 | 2012 DEFENDER
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sportsbriefs Ten area unbeatens The greater Houston area produced seven schools that were able to navigate through the 2012 high school football regular season with no losses. Katy, the top-ranked Class 5A school in Texas, demolished Memorial 41-6 to finish 10-0. Adam Taylor rushed for 134 yards and two touchdowns, while teammate Rodney Anderson added 80 rushing yards and another score to lead the onslaught. In a battle of unbeatens to decide the outright District 19-4A championship, upstart Summer Creek (10-0) rolled over perennial powerhouse Dayton 45-7. Summer Creek quarterback Aaron Sharp threw for 239 yards and two second-half TDs as the Bulldogs finished with 469 yards and 22 first downs. Dayton goes into the playoffs with a 9-1 mark. Lamar is 10-0 after disposing of Chavez 48-0. Spring Westfield won the District 13-5A crown with a 28-14 win over defending 5A Division II state champion Dekaney. Dawson, the state’s No. 1-ranked Class 4A school, improved to 10-0 with a 56-14 win over Galena Park. Fort Bend Marshall is 10-0 after eclipsing Willowridge 52-13 and North Forest raised eyebrows with an 81-14 verdict over outmanned Wheatley. In Class 3A, top-ranked Navasota improved to 10-0 with a 52-0 shellacking of Taylor. El Campo and East Bernard finished at 10-0 with wins last week. The playoffs begin Nov. 15.
Clear Lake, Friendswood advance to state Clear Lake defeated Clear Falls 25-22, 25-17, 25-17 in the finals of the Class 5A Region III volleyball tournament to join New Braunfels, defending champion Coppell and McKinney Boyd in the 5A state tournament. Friendswood eliminated Barbers Hill in the 4A regional final.
Sumlin has Aggies rollin’ A quick show of hands for all of you who thought former UH head Coach Kevin Sumlin was a perfect hire for the top spot at Texas A&M. Whether you thought so or not, Sumlin seems to be just what the doctor ordered for an Aggie football program that has long been rich in underachieving talent and mediocre coaching. This past weekend A&M knocked off Alabama – the nation’s No. 1 ranked team – in Tuscaloosa by a score of 29-24. The Aggies, in their debut season as a member of the SEC, are currently tied for second with LSU in the conference’s West Division with an 8-2 record. Sumlin’s spread offense led by freshman signal caller Johnny Manziel has SEC defenses’ heads spinning. Defensive end Damontre Moore has conference QB’s running for their collective lives. Under Sumlin expect the Aggies to finally become a consistent national powerhouse and someday play for a national championship.
D’Antoni takes Laker job We reluctantly mention the fact that the L.A. Lakers have filled their coaching vacancy by hiring former Phoenix Sun and New York Knick head coach Mike D’Antoni. He was hired after the team fired second-year head coach Mike Brown five games into the season. The reason for the reluctance is the fact that there is nothing on earth – with the exception of Dallas Cowboy and New York Yankee fans – more downright annoying than Laker fans. Will D’Antoni be the answer? Who knows?
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DEFENDER | NOVEMBER 15 | 2012
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2012 Nissan Titan 4X4 PRO-4X By DARRELL K. ARDISON Defender
SPECS
My daughter called it a “Big Boy’s Truck.” My mother affectionately referred to it as “Big Red” because of its big, bold appearance and exterior color. The 2012 Nissan Titan 4X4 PRO-4X pickup truck juxtaposes space, power, ruggedness, reliability and off-road capability with a quiet, smooth and comfortable ride worthy of everyday use. In a large pickup truck market like the Lone Star State, other names come to the forefront of buyers’ conversations when in need of a vehicle with the power and capacity to move full loads. Nissan deserves to be in those conversations. The Titan 4X4 PRO-4X can handle rough terrain and heavy towing assignments. Equipped with a 5.6-liter V8 engine that produces 317 horsepower and 385 pounds-per-foot of torque, the PRO-4X is matched with a five-speed automatic transmission featuring shift-on-the-fly, four-wheel-drive capability. Fulfilling its tough truck requirements are skid plates, electronic locking rear differential, two-speed transfer case and Rancho shock absorbers on all four wheels. Towing capacity is rated at an impressive 9400 pounds via a Class IV hitch. An advanced tow/haul gearing mode system keeps the transmission in low gear longer than normal to allow
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MSRP base price – $37,340 (as tested – $40,025) Engine – 5.6-liter V8 Transmission – Five-speed automatic Fuel economy – 12 mils per gallon (city), 17 mpg (highway) Estimated annual fuel cost – $3,963 (based on $3.70 per gallon) for improved acceleration, hill climbing and engine braking on declines. A rather safe assumption is expecting rough handling under no-load conditions with a strong tow vehicle like the Titan 4X4 PRO-4X. Nothing could be farther from the truth. I drove three elderly relatives crosstown and they raved about the Titan’s smooth road manners. Four-wheel anti-lock brakes designed to corral five-ton loads are overkill when riding empty. Even with large, all-terrain tires, the PRO-4X stops smooth and easy and the handling is T:9.75” quick and predictable.
Low door sills yield ample outward vision. Large, pull-out side mirrors with convex blind spot additions provide sufficient warning cues for cars sliding up the side. While the ride height is up there, it’s not difficult for the elderly or those under five feet tall. The Titan’s tailgate design employs a shock dampening system that slows the opening rather than have it fall free. The heavy duty gate system also provides a slight lift assist when closing the gate. Interior controls and switches are easy to find and operate. A large cabin has room for two up front and three adults in the rear with more than ample leg, head, shoulder and hip room. Other standard interior amenities include dual front captain’s chairs with eight-way power driver seat, fold-flat front passenger seat, leather-wrapped steering wheel and gearshift knob, steering wheel audio and cruise controls, power windows and door locks and multiple 12-volt DC power outlets.
T:6.5”
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chag’s place
Smith. Kudos to Executive Director Algenita Scott THERE’S NO PLACE LIKE HOME……. Davis and the entire board of directors, especially Houston Habitat for Humanity addresses the need for board chairman David Keane and gala chair affordable housing by building safe, decent homes Antoinette Jackson. Congratulations!......TEA that are accessible to hard-working Houston families AND ROSES…….The National earning approximately 60 percent Women of Achievement, Inc. Cyand below median income. The Join Yvette Chargois Fair Chapter hosted their third “There’s No Place Like Home” Events of the Week Tea and Roses Luncheon. Ten Gala was born out of the desire More photos on defendernetwork.com women were selected to receive to celebrate 25 years of providing See Events on KTRK Ch.13’s Crossroads their prestigious ROSE Award, in homes to deserving, low income with Melanie Lawson Sunday Morning @ 11 a.m. Recognition Of Service Excellence. families throughout Houston. The honorees included Dr. Juvinell A unique collaborative project Bibles Baylis, Tomaro Bell, Emma Carroll, Cynthia comprised of 25 artists came together to celebrate Carter, Ms. Chag, Carolyn Lee Conner, Onetia the organization’s 25th anniversary and to honor M. Materre, Donna Miles, Rachel Spiller Riles its mission. The honorary chairs included Pastors and Shirley Williams. The organization’s purpose Suzette and Kirbyjon Caldwell, Dina Alsowayel is to provide scholarships, support and guidelines and Anthony Chase, Andrew Echols and Sonceria for youth; to inspire women to excel in their chosen and Jodie Jiles. The gala’s co-chairs were Kelli profession; and to influence the membership to become and Martin Fein, Leela and Nat Krishnamurth, an active part in community activities. We salute Trinidad and Frank Sosa, and Anita and Gerald
Ardie Segars and Algenita Scott Davis
chapter president Anne Harris, luncheon chair Wanda Hobby and the membership for a wonderful luncheon. Continued success!............ANNIVERSARY CELEBRATION…..Phillis Wheatley was the author of the first book of poetry by an African-American, published in London in 1773. She was brought to the United States on a slave ship called The Phillis and was sold to a wealthy Bostonian merchant and tailor John Wheatley. Named after this brilliant poet, Phillis Wheatley Senior High School (Ms. Chag’s alma mater) celebrated its 85th anniversary with a series of activities that included a concert, the establishment of the alumni wall of fame honorees and an anniversary banquet with over 800 in attendance. Some of the honorees include Drs. Eula Faye and Levi Perry, Dr. Polly Turner, Willie Jordan Jr., Joe Sample, El Franco Lee, James Abbott, John Cook, Tony Sherman and many more. We are “A Beacon Light For Generations.”…..From Chag’s Place to your place, have a blessed week!
Board Gala Chair Antoinette Jackson and Board Chair David Keane
Curtis and Janet Threat and Artist Jarel Threat
Honorees Cynthia Carter, Tomaro Bell, Ms. Chag, Dr. Juvinell Baylis and Onetia Materre
Wheatley Alumni President Elaine Williams and Principal David Edgerson
National President Beatrice Mayes and Chapter President Anne Harris.
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Honorees Carolyn Conner, Donna Miles, Emma Carroll and Rachel Riles
Class of ‘59 Harriet President, Margaret Wood, Vivian Collier, Carrie Grays and Loretta Williams
Ralph Buggs and Essie and James Abbott
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DEFENDER | NOVEMBER 15 | 2012
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