Smith told ABCNews.com he plans to make a formal announcement in the next two days, after strongly considering the family’s wishes to spare Dedmon, 19, who was indicted with capital murder this week by a special grand jury.

“Nearly all of the time we would like for the families to be pleased with the outcome of their loved ones’ cases,” he said. “We try to give that family peace of mind.”

James Anderson, an auto worker, was killed June 26 in Jackson, Miss. His murder received renewed attention when grisly surveillance video of his death surfaced in August.

In the letter sent to Smith, dated Sept. 13, Anderson’s sister Barbara Anderson Young said she spoke on behalf of their mother, and her two brothers, in asking prosecutors not to seek capital punishment, saying the family’s opposition to the death penalty is “deeply rooted in our religious faith, a faith that was central in James’ life as well.”

Courtesy Jackson Advocate

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“We also oppose the death penalty because it historically has been used in Mississippi and the South primarily against people of color for killing whites,” the letter says. “Executing James’ killers will not help balance the scales. But sparing them may help to spark a dialogue that one day will lead to the elimination of capital punishment.”

Anderson Young included a quote from Coretta Scott King, the widow of civil rights leader Martin Luther King, Jr., who once said “and evil deed is not redeemed by an evil deed of retaliation.”

The Anderson family attorney, Winston Thompson III, told ABCNews.com today they want “everyone that was involved punished to the fullest extent of the law” and would be “very happy with life in prison without out parole,” which would be the next harshest punishment after the death penalty.

After discussing the issue, the family’s decision was “unanimous,” Thompson said. “Really it was Mr. Anderson’s mother [who led the family in coming to this decision]. She’s 85 years old … she said, ‘This is what I would like.’”

Smith said the family’s request wasn’t out of the ordinary.

“I’ve seen a number of victims’ families who choose not to choose the death penalty,” Smith said. “It can be for a number of reasons.”

Earlier this month Anderson’s family filed a civil lawsuit claiming the group of white teens “set out on a mission to find and “f**k with some n*****s.” When they found 48-year-old James Anderson in a motel parking lot, the complaint says, “several teenagers took turns beating him for an extended period of time, and then one of the teenagers drove over Mr. Anderson with a Ford F-250 truck.”

The family is seeking unspecified damages arising from Anderson’s injuries and death.

Dedmon’s friend, John Rice, was at the scene during the beating and was originally charged with murder, but because he reportedly left the parking lot before Anderson was run over his charges were downgraded to assault and he was released on bail. The other five teens have not been charged.

But the investigation is still ongoing, Smith said, and there may be more charges down the line.

“We’re working jointly with the department of justice to decide on charges against the remaining suspects,” Smith said.

Dedmon’s trial will most likely be held next year.

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Davis was convicted of the 1989 killing of police officer Mark MacPhail in Savannah, Georgia.

His case has become a focus for campaigners because seven of nine trial witnesses have recanted their testimony.

Davis was due to be lethally injected this evening at Georgia Diagnostic and Classification Prison in Jackson.

But his case is now being considered by the US Supreme Court, who have put a temporary delay on the execution while they consider their decision.

Crowds outside the Jackson, Georgia prison erupted with cheers shortly after the scheduled 7:00 pm time for his lethal injection to begin upon rumours that the Supreme Court had stayed the execution.

But joy turned to confusion as it emerged that there had been no such reprieve and Davis’s lawyer said that the state of Georgia was simply delaying the execution until the final decision had been announced.

‘We have asked US Supreme Court for a stay. They are still deciding.

‘Until they decide, the prison is delaying out of respect for the court. There is no deadline, but prison won’t wait forever,’ Davis said.

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Death penalty statistics:

– More than 3,200 inmates in 36 states are awaiting execution. The U.S. government and U.S. military also have approximately 67 people awaiting execution.

– As of September 18, 2011 — 1,267 people have been executed in the U.S. since 1976, when the death penalty was reinstated.

– Capital punishment is legal in 34 states.

– The legal methods of capital punishment are lethal injection and the electric chair.

– 35 states use lethal injection. New Mexico abolished the death penalty in 2009; however, two prisoners remain on death row and will be executed by lethal injection.

– The state of Nebraska used the electric chair as its sole method until February 2008, when the Nebraska Supreme Court ruled that it was unconstitutional.

– Japan is the only industrial democracy besides the United States that has the death penalty.

– 268 clemencies have been granted in the United States since 1976; 187 were in Illinois.

– Over 75% of the murder victims in cases resulting in an execution were white, even though nationally only 50% of murder victims generally are white.

– A 2010 national poll of registered voters conducted by Lake Research Partners showed growing support for alternatives to the death penalty compared with previous polls. A clear majority of voters (61%) would choose a punishment other than the death penalty for murder, including life with no possibility of parole and with restitution to the victim’s family (39%), life with no possibility of parole (13%), or life with the possibility of parole (9%).

– Since 1973, over 130 people have been released from death row with evidence of their innocence.

– Texas leads the way in executions with 475 total executions. In 2011 they executed 11 people, in 2010 they executed 17 people and in 2009 they executed 24 people. Virginia comes in with the second highest number of total executions at 109. In 2011 they executed one person, in 2010 and 2009 they executed 3 people each year.

Clemency statistics:

– In sixteen states the governor has the sole authority to grant clemency: Alabama, Arkansas, California, Colorado, Kentucky, Mississippi, New Jersey, New Mexico, New York, North Carolina, Oregon, South Carolina, South Dakota, Virginia, Washington and Wyoming.

In California the governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the state Supreme Court, with at least four judges concurring. New York and New Jersey no longer have the death penalty. New Mexico no longer has the death penalty for cases after 2009, though two inmates still remain on death row.

– In seven states the governor must have a recommendation of clemency from an advisory group or board: Florida, Louisiana, Oklahoma, Pennsylvania and Texas.

– In Florida, the governor must have recommendation of Board, on which he or she sits.

– In 10 states, the governor can get a nonbinding recommendation for clemency from an advisory group or board: Idaho, Illinois, Indiana, Kansas, Maryland, Missouri, Montana, New Hampshire, Ohio and Tennessee. Illinois no longer has the death penalty.

– In five states, an advisory group or a board determines clemency: Connecticut, Georgia, Nebraska, Nevada and Utah.

Georgia death penalty statistics:

– Georgia has executed 52 people since 1976.

– In 1972, the case Furman v. Georgia went to the Supreme Court along with two other cases the looked at the constitutionality of the death sentence for rape and murder convictions. The Supreme Court ruled to invalidate all then-existing death penalty laws because it was deemed “cruel and unusual” effectively suspending capital punishment. States then began rewriting their statutes to comply with the Court’s ruling.

– The death penalty was re-enacted in Georgia in 1973. In 1976, the new law was taken to the Supreme Court where they ruled that Georgia’s new capital punishment procedure were sufficient in reducing arbitrary imposition of the death penalty.

– Prior to 1976, Georgia executed 950 people.

– Currently there are 102 people on death row in Georgia. One of them is a woman.

– In Georgia, a defendant can get death for a felony where they are not responsible for the murder.

– Five innocent people have been freed from death row in Georgia.

– Seven clemencies have been granted. In Georgia, the State Board of Pardons has exclusive authority to grant clemency. Georgia is one of five states that operates this way.

Sources: CNN, U.S. State Department, Death Penalty Information Center

Mallory Simon

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Presidential hopeful and former Pennsylvania Sen. Rick Santorum doesn’t make headlines like his other Republican contenders, but his name was trending sixth Wednesday in nationwide Google searches. And it’s not because of a policy speech or a surge in the polls. It’s because he talked about his “Google problem.”

He blasted the Internet company in an interview with Politico Tuesday and reportedly asked Google to remove a site that redefines his name in graphic, sexual terms. When Santorum’s name is searched, that site is the first that appears.

“I suspect if something was up there like that about Joe Biden, they’d get rid of it,” Santorum told Politico. “If you’re a responsible business, you don’t let things like that happen in your business that have an impact on the country. To have a business allow that type of filth to be purveyed through their website or through their system is something that they say they can’t handle but I suspect that’s not true.”

Columnist Dan Savage started the site in 2003 in response to anti-gay comments Santorum made in an interview with the Associated Press. This summer on the website FunnyorDie.com, Savage threatened to redefine Santorum’s first name too if he campaigned for president on an anti-gay platform.

By rehashing the issue though, Santorum makes it worse, notes the Huffington Post. Every time he talks about it, it sends more people to the fake site.

Not ideal for a man who is trying to increase in name identification across the country.

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Investors were heartened by yet another turnaround strategy at one of Silicon Valley’s oldest, but most publicly dysfunctional, firms. Since joining HP in November, Apotheker’s strategic decisions have been drastic, and have done little to inspire confidence. HP’s stock is down nearly 50 percent since he took the helm.

HP is facing a classic big-company problem: How to meaningfully grow revenue. But it’s also facing an identity crisis. The company’s trying to figure out whether it works best as a technology conglomerate that can be all things to all customers, or as a more streamlined operation that does only a few things well.

Apotheker’s potential exit comes as HP is predicting tough times ahead. In August the company lowered its outlook, saying it expects adjusted earnings of as much as $4.86 per share and revenue of as much as $127.6 billion, both of which were below analyst projections. The proposed spinoff of the PC division could make matters worse as customers refrain from ordering until a buyer is found.

Deliberations among the company’s board of directors, which leaked Wednesday in published reports, also signal the disarray within HP about its direction. Shareholders have already voiced their fears. HP’s market value has fallen by $60 billion since former CEO Mark Hurd was forced out in August of last year over an ethical scandal. If Apotheker is ousted, he will be the third CEO jettisoned from HP in the past six years.

It won’t be the first time for Apotheker, who was forced out of his previous job as CEO of business software maker SAP AG over ill-timed price hikes he implemented and widespread employee dissatisfaction. Apotheker was supposed to be a steady hand to steer HP out of controversy. Many analysts mocked the pick as an unusual choice, considering the circumstances.

In some ways, Meg Whitman would be an odd choice to replace Apotheker. While Whitman is more of a celebrity, her record wasn’t perfect at eBay. She resigned from eBay in 2008 amid slowing growth and disappointment over eBay’s $2.6 billion gamble on the Skype Internet phone service. She’s a billionaire who spent more than any candidate for a statewide office in U.S. history in unsuccessful Republican campaign for California governor last year. She spent at least $174 million, all but $30 million of it her own money.

Still, Whitman spent a decade guiding eBay and is a widely respected executive who took a website with 30 employees and $86 million in revenue and turned it into corporation with 15,000 people and nearly $6 billion in revenue. Whitman is among the people brought onto HP’s board in a reshuffling shortly after Apotheker was hired. How she would fare as CEO amid HP’s current restructuring is unclear.

Apotheker has struggled, while complaining that HP suffered years of under-investment by his predecessor, Mark Hurd.

Reaction to his latest decision to try to sell or spin off HP’s personal computer division showed that many investors aren’t sure what to make of his decision-making. The move was widely praised and vilified at the same time. Analysts cheered HP’s efforts to exit parts of the computer hardware business that are barely profitable. But they assailed Apotheker’s approach, which was to waffle about whether HP would actually shed the business or keep it after an auction to gauge buyers’ interest. The equivocation has already done serious harm to the businesses’ value, analysts said.

HP’s board is reconsidering a spinoff or sale of the PC division. According to Bloomberg News, some board members think the plan wasn’t thoroughly thought out.

Brian White, an analyst with Ticonderoga Securities, floated the idea that HP may not have had Apotheker in mind for the long term anyway. In a research note Wednesday, White wrote that he wouldn’t be surprised if Apotheker all along was the “fall guy,” hired to take the hit for the ugly work of restructuring.

White said he wouldn’t be surprised if HP brings in a new CEO, “as we have always thought that Leo was placed in the role on a short-term basis to take the fall for the company’s under investment under the previous CEO,” White wrote. “At the same time, we believe a new CEO could begin to build credibility for HP and join the company after quite a bit of damage has already been done.”

An HP spokesman declined to comment. The news was earlier reported by Bloomberg News and AllThingsD.com.

HP shares rose $1.65, or 7.3 percent on Wednesday, to $24.12. HP’s market value, which had been $108 billion before Hurd’s exit in August of 2010, now stands at $48 billion. That makes HP’s biggest rival, IBM Corp., four times bigger by that measure and Hurd’s new employer, Oracle Corp., three times bigger.

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Crowds outside the Jackson, Georgia prison erupted with cheers shortly after the scheduled 7pm Wednesday (2300 GMT) time for his lethal injection to begin upon rumors that the Supreme Court had stayed the execution.

But joy turned to confusion as it emerged that there had been no such reprieve and Davis’s lawyer told AFP that the state of Georgia was simply delaying the execution until the top US court announced its decision.

“We have asked US Supreme Court for a stay. They are still deciding. Until they decide, the prison is delaying out of respect for the court. There is no deadline, but prison won’t wait forever,” Davis said.

The Supreme Court confirmed it had not yet made its decision in a statement emailed to AFP more than an hour after Davis was to become the 35th person put to death so far this year in the United States.

“The Court has not yet acted on Mr. Davis’s motion for stay,” a spokesman said.

The last-gasp bid to stay Davis’s execution had earlier been rejected twice at state level and the five-member Georgia Board of Pardons and Paroles on Tuesday turned down his bid for clemency.

Attorneys for Davis had cited new ballistics evidence and alleged misleading testimony had been used to convict him over the 1989 killing of off-duty policeman Mark MacPhail.

Davis has escaped three previous dates with death in a racially-charged case in America’s Deep South that has dragged on for more than two decades and made him a poster child for the worldwide campaign to ban the death penalty.

MacPhail’s family insisted Davis was guilty and several of them were scheduled to witness him die.

[ [ [['I am happy. They were my clients', 16]], ‘http://news.yahoo.com/photos/iran-sentences-2-american-men-to-8-years-in-jail-1313849049-slideshow/’, ‘Click image to see more photos’, ‘http://l.yimg.com/bt/api/res/1.2/wyTJZ396gZ0vEnzMmr.ZMg–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD0zMTk7cT04NTt3PTQ1MA–/http://media.zenfs.com/en_us/News/Reuters/2011-09-21T193348Z_01_BTRE78K1ICG00_RTROPTP_2_IRAN.JPG’, ’450′, ‘ ‘, ‘Reuters’, ], [ [['Rital and Ritag Gaboura', 5]], ‘http://news.yahoo.com/photos/modern-family-and-mad-men-1316418000-slideshow/’, ‘Click image to see more photos of the twins’, ‘http://l.yimg.com/bt/api/res/1.2/pRHfTRK_CM_EzuEuhFq6oQ–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD0zOTM7cT04NTt3PTUxMg–/http://media.zenfs.com/en_us/News/AFP/photo_1316440840680-1-0.jpg’, ’512′, ’393′, ‘AFP’, ], [ [['Mark MacPhail', 11]], ‘http://news.yahoo.com/photos/protests-held-in-troy-davis-execution-case-1316203452-slideshow/’, ‘Click image to see more photos’, ‘http://l.yimg.com/bt/api/res/1.2/RY5R84xVvbHnF3hpyZerVg–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD0zMDY7cT04NTt3PTUxMg–/http://media.zenfs.com/en_us/News/ap_webfeeds/2c5f258853007015f90e6a706700e283.jpg’, ’512′, ’306′, ‘AP’, ], [ [['was the 20th pilot to die at the races since it began 47 years ago', 8], ['Such cooperation helped save Ed Larson', 8]], ‘http://news.yahoo.com/photos/air-race-crash-in-reno-1316226189-slideshow/’, ‘Click image to see more photos’, ‘http://l.yimg.com/bt/api/res/1.2/jT0jFrsFHrewPZ071fT3PQ–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00NDg7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/4bab4a3a056b2715f90e6a706700e664.jpg’, ’630′, ’448′, ‘AP’, ], [ [['Republican Guards have bigger ones in the capital and elsewhere in Yemen', 5], ['opposition forces loyal to defected General Ali Mohsen ', 8]], ‘http://news.yahoo.com/photos/yemen-slideshow/’, ‘Click image to see more photos’, ‘http://l.yimg.com/bt/api/res/1.2/yTSW.ChjWpuNd2xkNlyO9A–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00MDA7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/2a02a9aa19483b15f90e6a7067000fb0.jpg’, ’630′, ’400′, ‘AP’, ], [ [['Bold farmers in Indonesia routinely', 5]], ‘http://news.yahoo.com/photos/farmers-flee-as-world-s-deadliest-volcano-rumbles-1316477446-slideshow/’, ‘Click image to see more photos’, ‘http://l.yimg.com/bt/api/res/1.2/4MZiE5yYjUwrsb4DR3K_RQ–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00MjE7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/3ab5b6ca173a3215f90e6a706700b0e0.jpg’, ’630′, ’421′, ‘AP’, ], [ [['It is difficult to assess how many birds are affected', 7]], ‘http://news.yahoo.com/photos/sweden-hit-by-substantial-oil-spill-1316444749-slideshow/’, ‘Click image to see more photos of the oil spill’, ‘http://l.yimg.com/bt/api/res/1.2/Ii9HcyoayObiPRmw7Ik4PQ–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00MjA7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/Reuters/2011-09-18T165741Z_01_STO04_RTRIDSP_3_SWEDEN.jpg’, ’460′, ’341′, ‘Reuters/Erik Abel/Scanpix Sweden’, ], [ [['But after we launch this hamburger', 6]], ‘http://news.yahoo.com/photos/wendy-s-new-dave-s-hot-n-juicy-burger-1316446426-slideshow/’, ‘Click image to see more photos of the burger’, ‘http://l.yimg.com/bt/api/res/1.2/h06REdlvxDSPkkD2nze19w–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00ODQ7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/fed2a27116a82f15f90e6a7067005e96.jpg’, ’460′, ’353′, ‘AP/Paul Vernon’, ], [ [['villages where people are trapped under collapsed houses', 8]], ‘http://news.yahoo.com/photos/6-9-quake-strikes-india-nepal-1316432147-slideshow/’, ‘Click image to see more photos of the quake aftermath’, ‘http://l.yimg.com/bt/api/res/1.2/ArZHT7_ugJNvdNZr7rXg7A–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD0zNDA7cT04NTt3PTUxMg–/http://media.zenfs.com/en_us/News/AFP/photo_1316422839782-8-0.jpg’, ’512′, ’340′, ‘AFP’, ], [ [['The absence of Borders is going to be felt across the industry', 6]], ‘http://news.yahoo.com/photos/last-borders-bookstores-close-1316449248-slideshow/’, ‘Click image to see more photos of the closing of the last Borders’, ‘http://l.yimg.com/bt/api/res/1.2/B__uksKyx_HwEP3gUum2qA–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00MzM7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/aed64c8a04652215f90e6a706700965e.jpg’, ’460′, ’313′, ‘AP/Amy Sancetta’, ], [ [['Anders Behring Breivik', 8]], ‘http://news.yahoo.com/photos/norway-attacker-anders-behring-breivik-1311602377-slideshow/’, ‘Click image to see more photos of the confessed mass killer’, ‘http://l.yimg.com/bt/api/res/1.2/_E5OB1E6rdgShUt41KVZaw–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00ODk7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/Reuters/2011-07-25T141034Z_01_SIN725_RTRIDSP_3_NORWAY.jpg’, ’460′, ’357′, ‘Reuters/Jon-Are Berg-Jacobsen/Aftenposten via Scanpix’, ], [ [['like there is no way out', 9]], ‘http://news.yahoo.com/photos/the-faces-of-poverty-real-lives-real-pain-1316453315-slideshow/’, ‘Click image to see more photos’, ‘http://l.yimg.com/bt/api/res/1.2/OlSRGp1pKLgvYSpy6XCRkw–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD0zOTM7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/45d7db4304d12415f90e6a706700ca26.jpg’, ’460′, ‘ ‘, ‘AP/Robert F. Bukaty’, ], [ [['including snipers picking off protesters from rooftops', 5], ['Violence has flared anew in Yemen in frustration', 6]], ‘http://news.yahoo.com/photos/yemen-slideshow/’, ‘Click image to see more photos of unrest in Yemen’, ‘http://l.yimg.com/bt/api/res/1.2/UUZ_CmgwS6mLf75U4D9flA–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD00MjA7cT04NTt3PTYzMA–/http://media.zenfs.com/en_us/News/ap_webfeeds/ea314f80041a2115f90e6a706700681f.jpg’, ’460′, ‘ ‘, ‘AP/Hani Mohammed’, ], [ [['Dolores Hope', 7]], ‘http://news.yahoo.com/photos/dolores-hope-dies-at-age-102-1316466341-slideshow/’, ‘Click image to see more photos of Dolores’, ‘http://l.yimg.com/bt/api/res/1.2/PVmQlI81830Gw1RqCrESFA–/YXBwaWQ9eW5ld3M7Zmk9aW5zZXQ7aD02MzA7cT04NTt3PTUxNg–/http://media.zenfs.com/en_us/News/ap_webfeeds/4ca0b51519923d15f90e6a70670063b1.jpg’, ’460′, ‘ ‘, ‘AP’, ] ]

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But opening the doors for more students — namely Freetowners — could force Freetown to pay more money to send more of its students to this building.

The Freetown and Lakeville selectmen met on Monday about issues connected to GRAIS now that the district has been fully regionalized.

About a decade ago, both towns agreed to send its fifth-grade students to the school and Lakeville decided to also send its fourth-graders there because Lakeville’s elementary school was overcrowded. Two years ago, Lakeville pulled its fourth-graders from the school due to funding issues.

Lakeville selectmen said they tried to convince the School Committee to move its fourth-graders back there for the upcoming 2011-12 school year, but officials rejected the proposal because it still awaits a proposal from the education model subcommittee.

Lakeville Selectman Stephen Olivier said the selectmen could go as far as legally challenging the School Committee because, by contract, Lakeville is entitled to have a second-grade level at that school.

After all, Lakeville is assuming most of the costs for a bond used to rehabilitate the building. Also, GRAIS’ building capacity is less than 40 percent while the capacity at Lakeville’s Assawompset Elementary School is more than 100 percent.

“We are trying to figure out where we go from here,” Olivier said. “Our attorney told us ‘you definitely have a (legal) case.’ We don’t want to do that (go to court) because it will take money away from the towns … We feel we can get consensus from you.”

Lakeville Selectman Derek Maksy also suggested both towns should consider dissolving the old contract and starting over with a new agreement. He said Freetown currently pays around $200,000 to send roughly 100 students to the school.

Talk of dissolving the old contract drew criticism from Freetown Selectman Paul Sadeck, who bluntly asked if Lakeville was asking Freetown for more money.

“You are asking us to particiapte more in the capital expenditure because the school is not allowing you to move the fourth-graders?” Sadeck asked.To that, Lakeville selectmen retorted that they are not asking for more money but are merely seeking a resolution to a complex and frustrating problem.

Maksy also said the education model subcommittee might suggest the school turn into a kindergarten through grade 5 school, which could triple Freetown’s costs based on the current price Freetowners pay to send students there.

Regional Schools Transitional Committee Chairman Lawrence Ashley told selectmen that if there is a change to the current agreement, the additional money from Freetown would come out of an operating debt fund and not directly from the school’s operating budget.

Still, Freetown Selectmen Chairwoman Lisa Pacheco cautioned that the education model subcommittee is charged with analyzing how using GRAIS would better improve students’ overall education. The subcommittee is not analyzing the bottom-line costs, she said.

Superintendent John McCarthy said the subcommittee is definitely leaning toward a model that will send more students to GRAIS. He said a new plan would be subject to community forums and public input before it is accepted.“We need to find a better way to use that facility, whether it is a fourth and fifth grade school or a K through 5 school,” McCarthy said. “It is a great facility and we have to use it.”

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The scores also underscored a point long made by school officials — elementary school scores would lag behind until the towns completed the merger.

The 2011 Freetown Elementary School scores were below the state average in both English and mathematics; meanwhile the scores for regionalized grades five through 10 surpassed the state average in almost every category.

The third and fourth grade students’ “proficiency or higher average” in English was 48 percent, in contrast to the state average of 69 percent. In math, the same students’ proficiency average was 53 percent, while the state posted a 58 percent proficient or higher percentage. Freetown also had a higher percentage of students who either failed or scored in the “needs improvement” range. 

The average Freetown-Lakeville proficiency percentage for students in grades 5 through 10 in English was 82 percent, while the state average was 69 percent. In math, 61 percent of the district’s students scored proficient or higher, while the state percentage was 58 percent.

The district percentage of students who failed or posted “needs improvement” scores was lower than the state average as well.

“It was what we had expected, and this is another reason why we fully regionalized,” Freetown-Lakeville Transitional School Committee member Robert Nogueira said after hearing the results.

“We can now lower class sizes and concentrate on the elementary schools,” he added.Since the early 1970s, the two towns have had a fully regionalized middle school and high school.

Last year, both towns voted to regionalize their entire systems.

As a result, both Freetown Elementary School and Assawompset Elementary are now boasting class sizes in the low 20s. Last year, some classes at those schools were nearing 40 students per class.

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Eric Stonestreet, Jesse Tyler Ferguson

Modern Family‘s family is about to get bigger. At the end of Season 2, Cam (Eric Stonestreet) and Mitchell (Jesse Tyler Ferguson) decided they wanted to adopt another child. And if you thought that was just a sentimental aside, you think wrong!

Executive producers Christopher Lloyd and Steve Levitan say the third season of ABC’s Emmy-winning comedy will explore the lengths the couple will go to get another child. “If last season was about [the families] growing up, this season is about them growing,” Lloyd tells TVGuide.com, revealing that Cam and Mitchell want a baby boy since they already have a girl in Lily.

Exclusive: It’s Christmas time on Modern Family!

“We’re doing quite a few stories on that topic,” Lloyd says. “We’re trying to treat it in a real way. You don’t just decide you want to adopt a baby boy and then rub your hands and it happens. You have to sign up with agencies. The agencies have to come and interview you and take a look at the environment the child would be raised in. Often, you have to more or less audition for the birth mother and see how she feels about placing her child with you. We are sort of exploring all of these steps along the way to them actually having a child.”

Fall Preview: Get scoop on your favorite returning shows

One of the first hurdles comes in the premiere episode. Mitchell, who’s been working nearly non-stop since they adopted Lily, realizes he may not be entirely fit to raise two children.  “Mitchell, who hasn’t shouldered so much of the raising of Lily, starts to have some fears about how he will be as a father to a boy, in particular,” Lloyd says. “Because he has a little bit of a troubled relationship with his own dad and in our season premiere when they go to a dude ranch, he’s trying to really assess how much of a man’s man he is and how prepared he is to have a boy in the house.”

At the same time, Cameron, who’s been the stay-at-home mom (See: “Mother’s Day” episode), begins to realize he’s too close to Lily. “He is with her all the time and he’s really like a virtuoso in terms of the things he can do while actually holding her,” Lloyd says. “There’s almost no household activity he can’t do without having her on his hip. But he starts to fear that Lily has become so close to him that she’s not going to tolerate a new child in the house so he’s trying to sort of break himself of the Lily habit in one episode.”

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Both Stonestreet and Ferguson agree it was time to show the adoption process since the comedy began with them just getting custody of Lily. “I think a lot of people, gay and straight, have to look to alternate means to expand their family,” Ferguson says. “There’s a lot to be told in that story. We met them at the peak of their joy, so it’s going to be really nice to see their struggle.” Adds Stonestreet: “It’s a story that needs to be told because so many families go through that process so we’re excited to do it in a comedic way.”

The adoption may not go as planned, though. “You’re going to see them go through a lot of ups and downs this season with a surprise ending that we don’t want to reveal yet,” teases Levitan.

Modern Family premieres Wednesday at 9/8c on ABC.

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But opening the doors for more students — namely Freetowners — could force Freetown to pay more money to send more of its students to the building.

The Freetown and Lakeville selectmen met last week about issues connected to GRAIS now that the district has been fully regionalized.

About a decade ago, both towns agreed to send their fifth-grade students to the school. At the time, Lakeville sent its fourth-graders there as well due to  overcrowding at its elementary school; however, two years ago, Lakeville pulled its fourth-graders from the school due to funding issues.

This year, Lakeville selectmen said they tried to convince the School Committee to move the town’s fourth-graders back for 2011-12, but the committee rejected the proposal because it still awaits a proposal from the education model subcommittee.

Lakeville Selectman Stephen Olivier said the selectmen could go as far as legally challenging the School Committee because by contract Lakeville is entitled to have a second grade level at that school.

After all, Lakeville is assuming most of the costs for a bond used to rehabilitate the building. In addition, GRAIS is currently used at less than 40 percent building capacity while Lakeville’s Assawompset Elementary School is at more than 100 percent capacity.

“We are trying to figure out where we go from here,” Olivier said. “Our attorney told us ‘you definitely have a (legal) case.’ We don’t want to do that (go to court) because it will take money away from the towns … We feel we can get consensus from you.”

Lakeville Selectman Derek Maksy also suggested both towns should consider dissolving the old contract and starting over with a new agreement. He said Freetown currently pays around $200,000 to send just over 100 students to the school.

Talk of dissolving the old contract drew criticism from Freetown Selectman Paul Sadeck, who bluntly asked if Lakeville was asking Freetown for more money.

“You are asking us to particiapte more in the capital expenditure because the school is not allowing you to move the fourth-graders?” Sadeck asked rhetorically.

To that, Lakeville selectmen retorted that they are not asking for more money but are merely seeking a resolution to a complex and frustrating problem.

Maksy also said the education model subcommittee might suggest the school turn into a kindergarten through Grade 5 school, which could triple Freetown’s costs, based on the current price Freetowners currently pay to send students there.

Regional Schools Transitional Committee Chairman Lawrence Ashley told selectmen that if there is a change to the current agreement, the additional money from Freetown would come out of an operating debt fund and not directly from the school’s operating budget.

Still, Freetown Selectmen Chairwoman Lisa Pacheco cautioned that the education model subcommittee is charged with analyzing how using GRAIS would better improve students’ overall education. The subcommittee is not analyzing the bottom-line costs, she said.

Superintendent John McCarthy said the subcommittee is definitely leaning toward a model that will send more students to GRAIS. He said a new plan would be subject to community forums and public input before it is accepted.

“We need to find a better way to use that facility, whether it is a fourth- and fifth-grade school or a K through 5 school,” McCarthy said. “It is a great facility and we have to use it.”

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