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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Testing shows Post Falls water safe

Compiled from staff and wire reports The Spokesman-Review

Water samples in Post Falls came back from the laboratory clean Thursday, meaning two consecutive days of testing found no problems with the city’s water system, city Public Works Superintendent Terry Werner said Thursday.

The city put out a notice Tuesday regarding coliform-bacteria contamination after two samples taken Monday came back above the allowed limits. Samples on Tuesday and Wednesday came back clean, however, allowing the city to lift the warning.

Werner speculated that dirt may have entered the water system as a result of construction or human error. It’s been more than a year since the city last had a positive reading for coliform in its water samples.

Coliform occurs naturally in the environment and indicates other, potentially harmful, bacteria could be present. Its presence does not require residents to boil water, but medically fragile residents were advised to consult their health providers.

Logging truck hits teenager in Sandpoint

A Sandpoint teen was struck by a logging truck Wednesday afternoon while crossing Highway 2 in the crosswalk near Olive Street.

Rachael Kennedy, 14, was treated and released from Bonner General Hospital, a nursing supervisor said Thursday.

The teen was walking in the crosswalk when she was hit by a 1988 Peterbilt truck driven by 55-year-old Roy C. Myers, of Bonners Ferry, according to Idaho State Police reports. The impact pushed the girl into a school bus that had stopped at the crosswalk so she could cross, according to the reports.

The ISP news release said the accident is under investigation.

Neighbors fight fire at CdA apartment building

A sprinkler system and neighbors armed with fire extinguishers are credited with saving a Coeur d’Alene apartment building late Wednesday evening, according to the Coeur d’Alene Police Department.

A 49-year-old man is accused of starting the fire in a basement at 1422 Young Ave. Fred Edward Henderson was booked into the Kootenai County Jail on Thursday and charged with first-degree arson, a press release said.

Henderson had been staying at a Coeur d’Alene motel, authorities said, but has a Nebraska driver’s license.

The fire was reported around 11:30 p.m. Wednesday. Police said two adults and two babies were in an upstairs apartment when the fire broke out.

Coeur d’Alene police Sgt. Christie Wood said the residents heard a fire alarm in the hall go off, armed themselves with fire extinguishers and attempted to fight the fire until they were overcome by the thick, black smoke.

Police said the building’s sprinkler system also helped keep the fire from spreading.

No injuries were reported.

Court: Girl can’t be faulted for sex with teacher

Olympia A 13-year-old girl cannot be held at fault for having sex with her teacher, the Washington state Supreme Court ruled Thursday, rejecting a school district’s argument that it shouldn’t have been sued because the girl was partially responsible.

The girl was an eighth-grade student at Royal Middle School in the central Washington town of Royal City in 2001 when the sexual relations occurred with a 26-year-old teacher, Steven Diaz. Diaz was arrested and entered a modified guilty plea.

The girl and her family sued in U.S. District Court for the Eastern District of Washington, accusing the Royal School District and Principal Preston Andersen of negligence for failure to supervise and for negligent hiring of the teacher.

Under state law, it’s a crime for a teacher or anyone else in a position of power to have sexual relations with anyone under the age of 18.

The court wrote that in this particular case, “a child under the age of 16 may not have contributory fault assessed against her for her participation in a relationship.”

The district and Andersen argued that contributory fault applied because the girl “had a duty to protect herself against sexual abuse but failed to do so.” The trial court deferred ruling pending an answer from the state high court on a question of state law.

In its 7-2 ruling, the court ruled that criminal laws protecting children from sexual abuse apply equally in civil cases concerning sexual abuse.

The court also dismissed the defense’s assertion that the girl consented to the relationship.

“The child, in our view, lacks the capacity to consent to the sexual abuse and is under no duty to protect himself or herself from being abused,” the ruling written by Chief Justice Gerry Alexander said.

In dissent, Justice Richard Sanders wrote that school officials tried to intervene, but that the girl allegedly lied about the relationship, “thwarting the school district’s efforts to protect her.”

“Children should not be allowed to take advantage of the school’s duty by forcing it to pay damages for injuries invited by the student or injuries which the district could have prevented but for obstruction by the student,” he wrote.

Breast Fest to raise funds for foundation

Bras will be flying Saturday night at Breast Fest ‘05, a fund-raiser for the Susan G. Komen Breast Cancer Foundation.

The fund-raiser will begin at 7 p.m. at Paddy’s, 601 W. Appleway Ave. in Coeur d’Alene.

It will feature door prizes, raffles, drink specials, dart games, T-shirts and a “bra toss,” all to raise money to fight breast cancer.

Foundation helps pay for cancer screenings

Because of contributions from the local CA.RE Foundation, more women in North Idaho will be able to see a gynecologist for follow-up testing and treatment after an abnormal Pap smear.

So far this year, the CA.RE Foundation has given the Panhandle Health District $20,000 to help with its cervical-cancer screening program for low-income women.

Since 2003, the CA.RE grants have made it possible for 180 women to visit gynecologists for preventative cancer treatment.

CA.RE distributes funds for education of nursing and research staff at the North Idaho Cancer Center; improvement of patient education on cancer trials and prevention; and support of cancer prevention in the community through screenings and education.