Arizona Daily Star from Tucson, Arizona • Page A001

FINAL BUB UA HOOPS Get a finalized 2010-11 schedule Let's meet ourselves JQGEjHER Festival starts Friday; see guide in caliente SPORTS Atimm Daily Star SERVING TUCSON SINCE 1877 THURSDAY, OCTOBER 7, 2010 REACHING 238,700 READERS WEEKDAYS mh TTB r-i FINAL 75 cents plus tax One dollar outside Southern Arizona 1 City files argument against SB 1070 i- CRYSTAL OCHOA ARIZONA REPUBLIC Wreckage left by a rare swarm of tornadoes had residents in Bellemont, west of Flagstaff, wondering if they were in Arizona or the twister-prone Midwest. Despite Wednesday's chaos, no major injuries were reported. Flagstaff-area tornadoes wreck homes, fray nerves Says enforcement would put finances in untenable position By Howard Fischer CAPITOL MEDIA SERVICES PHOENIX Having to enforce SB 1070 would endanger public safety and put Tucson's already precarious finances in an untenable position, City Attorney Mike Rankin said in a federal court brief challenging the law. Tucson was one of five Arizona cities filing briefs with the 9th U.S. Circuit Court of Appeals asking it to uphold the injunction against key parts of the state's new immigration law.

Rankin said Tucson already is struggling to maintain law enforcement in the face of budget problems. Layoffs and mandatory furlough days have forced the police department to prioritize which incidents to investigate, he said. He said if the injunction is overturned it "will mandate new duties and new priorities which will significantly reduce the resources available for those public safety issues the city has identified as priorities, including homicides, home invasions, armed robberies, sexual assaults and other serious threats to the community." Attorney David Abney, who filed arguments for See APPEAL, A5 On StarNet: For PDFs of several key documents related to SB 1070 go to azstarnet.compdf By Felicia Fonseca THE ASSOCIATED PRESS BELLEMONT A rare swarm of tornadoes shoved semis off highways and destroyed homes before dawn Wednesday, leaving startled residents wondering if they were in Arizona anymore or had awakened in the twister -prone Midwest. After one tornado rumbled through Bellemont around 5:30 a.m. with winds up to 110 miles per hour, residents with flashlights emerged from their homes to check on the damage a house splintered, windows smashed, garage doors twisted but no major "Running through the house, all the Kansas movies go through your head telling you: 'Move to the base Breanna Hunt said.

"But we don't have abasement." Another tornado struck minutes later east of the small town of a few hundred people nestled in the Pon-derosa pines just west of Flagstaff. Weather forecasters confirmed a total of four twisters, including one reported around noon along Inter-See TWISTERS, A4 On StarNet: See a gallery of photos of storm damage in Arizona at azstarnet.comgallery Phoenix Tucson Winterhaven Festival hopes bright Judge dismisses suit against TPD in deaths of 2 kids By Kim Smith ARIZONA DAILY STAR A lawsuit against the Tucson Police Department over a decision by two officers to leave children with their father who later killed them has been dismissed by a Pima County Superior Court judge. On March 9, 2006, Jamie Hallam asked police to help enforce a court order giving her custody of her children, Ariana and Tyler Payne. The police refused. Four months later, the kids were dead and their father, Christopher Payne, was subsequently arrested.

In a nine -page decision released Wednesday, Judge Carmine Cornelio said there was no evidence on that day "that there was a high probability that substantial harm would result from their failure to remove the children from (Christopher Payne's) cus- See DISMISSAL, A5 More than $17,000 raised out of $50,000 needed to keep lights shining By Josh Brodesky ARIZONA DAILY STAR Winterhaven's Festival of Lights needed a Christmas miracle, and so far, Tucson has delivered. As of Wednesday morning, the Festival of Lights has received nearly $10,000 in donations and $7,750 in commitments from the community. The north-central neighborhood is looking to raise $50,000 to keep Tucson's favorite display of holiday cheer alive. Winterhaven's neighborhood association. "But the work is not done yet." To that end, the festival is holding a fundraiser next week, Oct.

15, at the Chick-fil-A at El Con Mall. A portion of sales that day will go toward the Fes -tival of Lights. While Winterhaven residents were unanimous in their decision to keep the Festival of Lights going this year, there has been a lot of debate about how to raise the funds. Some residents wanted to charge a set admission, others wanted to ask for donations. Tofel said it looks like Winterhaven will go the donation route, and that he See LIGHTS, A5 Generations of Tucsonans have flocked to Winterhaven to check out the lights and hangout on hayrides as a way to celebrate the holiday season.

But all that was put in jeopardy this year after the cash-strapped city of Tucson cut its $60,000 in support of the longtime festival. Winterhaven residents were left scrambling, and there was even some talk about canceling the event before residents decided to stick with the festival. Since then, they've been raising the funds to cover expenses mostly to address security and traffic concerns. "I feel very positive about where we are now," said Jim Tofel, president of DID YOU KNOW The Winterhaven Festival of Lights has been a tradition in Tucson since 1949.The neighborhood is bounded by East Prince Road on the north, East Fort Lowell Road on the south, North Tucson Boulevard on the west and North Country Club Road on the east. Star archives TO DONATE For those interested in supporting the Winterhaven Festival of Lights, head to the festival's website at www.winterhavenfestival.org The donations are tax-deductible, and the organization behind the Festival of Lights is a nonprofit.

The Winterhaven Festival of Lights has also set up a Facebook fan page. The link is long, so it's much easier if you go to Facebook.com and search Winterhaven Festival of Lights. IF YOU GO What: Winterhaven Festival of Lights fundraiser When: Oct. 15 Where: Chick-fil-A at El Con Mall, 3605 E.Broadway What's happening: Portions of sales that day will go toward the Festival of Lights. HOMICIDE SURVIVORS Ariana and Tyler Payne's father was convicted in their deaths.

His girlfriend pleaded guilty. COMING SUNDAY LEE ENTERPRISES Vol. 169, No. 280 For home delivery call 1-800-695-4492; e-mail: circulationtucson.com Find money-saving coupons in this Sunday's Arizona Daily Star lllllllll I '50 TODAY'S WEATHER High: 88 Low: 56 Ahh.This is more like it. INSIDE TODAY'S DAILY STAR Business A7 Lottery A2 Editorial A9 Tucson Region A2 UA wins public-health grants The $7.9 million will fund two training centers.

PageA2 Mr. An's restaurant not on time His planned downtown eatery is on indefinite hold. Page A7 Comics, puzzles, TV listings Classified.