Mike the gas man at large after gas garb scheme









Riverside police say an arrest this week derailed a sophisticated scheme of stealing gasoline by overriding the pump counter and filling 5-gallon jugs.

The investigation began Jan. 20 when a Riverside officer pulled into a 7-Eleven at 26th Street and Harlem Avenue, then saw a man hurriedly leave the store with a gasoline nozzle still in his vehicle, tearing off the hose as he drove away.

The officer reviewed video surveillance, at first to get a license plate number but discovering what appeared to be an involved ruse to steal fuel, according to a news release from the Riverside police.

The video showed one person pulling up to a pump and removing its housing, then disabling the electronic device that measures the amount of gasoline delivered and tally of dollars owed.

That person then drove off, and a second person pulled up to the overridden pump and began to fill the SUV's tank and 11 5-gallon professional grade water fountain bottles in the back, police said. The second person appeared to panic and fled when the officer drove into the lot, tearing off the pump's hose.

Suspecting a sophisticated scheme, Riverside police didn't immediately chase after the SUV but were able to track the license plate and discover that the registered owner was already due in court on a previous charge of retail theft of motor vehicle fuel.

On Friday, Riverside police attended Bridgeview Court and arrested Darius Williams, 35, of the 400 block of Irvine in Hillside, and according to officials he gave a full confession detailing the scheme.

The second suspect, a man known to Williams only as "Mike the gas man," was the brains behind disabling the pump counters, Williams said, and also took part in selling stolen gasoline from the water bottles at $10 for 5 gallons.

Police searched the SUV owned by Williams and found 10 5-gallon water bottles, a hose and pump used for siphoning gasoline, and other materials used for transporting fuel, police said.

For the Riverside incident, Williams -- who told police he also stayed on the 11700 block of South State Street in Chicago -- was charged with retail theft of motor vehicle fuel and criminal damage to property, police said, both misdemeanors because he had fled the scene after only taking about $73 worth of gas.

"The defendant in this case gave a full statement that he and another individual known as 'Mike the gas man' conceived this plan to steal gasoline and then sell it on the West Side of Chicago," Riverside Police Chief Thomas Weitzel said in the release.

"This is an example of excellent work done by the original responding officer as well as the follow-up investigation by detectives," Weitzel said. "They looked beyond the simple theft complaint and were able to build a case."

"Mike the gas man" remained at large Saturday night, police said.

chicagobreaking@tribune.com
Twitter: @ChicagoBreaking



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FTC issues guidelines for mobile applications






WASHINGTON (Reuters) – The Federal Trade Commission has issued a wide-reaching set of new guidelines for makers of mobile platforms and developers of applications for mobile telephones and tablets to safeguard users’ privacy.


The non-binding guidelines, published in a report on Friday, include the recommendation that companies should obtain consumers’ consent before including location tracking in software and applications, consider developing icons to depict the transmission of user data, and consider offering a “Do Not Track” mechanism for smartphone users.






The report also recommended that application developers have an easily accessible privacy policy, obtain consent before collecting and sharing sensitive information and consider participating in self-regulatory programs.


The FTC has been heightening its scrutiny of mobile devices, which are now the primary source of communication and Internet access for many users.


Among the companies who could be affected by the report are firms like Apple Inc., Amazon.com Inc. and Microsoft Corp.


(Reporting By Patricia Zengerle; Editing by Sandra Maler)


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Afghan singer’s star is rising, as are the threats






KABUL (Reuters) – With a scarf loosely covering a fancy television hairstyle, Latifa Azizi raised her arms in victory after surviving another elimination round on the hit talent show, “Afghan Star“.


But the victory pales into insignificance when compared with the larger battle 17-year-old Azizi is fighting – to pursue her dream of becoming a famous singer despite the censure of ultra-conservative Afghan society.






“Whether I win or lose, my family can’t go back home, it’s too dangerous,” Azizi, from the relatively liberal northern capital of Mazar-e-Sharif, told Reuters in the show’s dressing room.


Azizi and her family fled Mazar for the Afghan capital, Kabul, soon after she appeared on the show in November. Her community was angry with her appearance, saying it was un-Islamic for a woman to sing and appear on television. The family began to receive death threats.


“Latifa will have no life here after what she’s done. We don’t do such things and we don’t accept people who do,” said Sayed Mohammad Kasem, a member of Azizi’s tribe in Mazar-e-Sharif.


The threats began after the airing of her audition for “Afghan Star”. With an audience of 11 million, the six-year-old show has become an important vehicle for young Afghans aspiring to become famous singers.


“I went to school the day after my audition aired to take my final exams and my classmates started to shout horrible things and pulled at my hair,” Azizi said in a soft low voice.


“I ran away crying,” she said. “Not even my teachers tried to help me.”


Azizi said she was eventually expelled. The school’s headmaster, Mohammad Kalanderi, denied that when contacted by Reuters and said Latifa could come back whenever she wanted.


The backlash Azizi faces is not out of the ordinary for Afghan women who become public figures. Female actors and singers are often harassed, and sometimes beaten and killed.


In a 2009 documentary about “Afghan Star”, one contestant was forced to leave her hometown of Herat in the country’s west after her head scarf slipped to her shoulders during a performance.


During the 1996-2001 reign of the Taliban, women were banned from school, voting and most work. They were not allowed to leave their homes without a man.


Many women’s rights have been painstakingly won back since the Taliban’s overthrow, but there are fears violence against women is under-reported.


Last year also saw a worrying spike in violence, including several cases of female school students being poisoned.


This has led to fears that, when most NATO-led forces withdraw from the country next year, women may once again be subject to Taliban-style repression and violence.


“Every day that passes by, you’re supposed to move forward, but we keep moving backwards,” said singer and “Afghan Star” judge Shahla Zaland, whose mother was also a famous singer in the 1960s.


“The struggles female singers had to overcome fifty or sixty years ago are being faced by these girls today.”


Even in Kabul, Azizi and the only other female contestant receive constant threats.


People follow their cars as they travel to rehearsals to try to discourage them from attending, and issue threats of violence over the phone.


Azizi told Reuters she would not let the threats stop her from appearing on the show. Her father, Sayed Ghulam Shah Azizi, agreed.


“Our family is angry but my daughter had a dream,” he said in the family living room. “What else was I to do but encourage her to pursue it?”


(Additional reporting By Bashir Ansari; Editing by Dylan Welch and Nick Macfie)


(This story was refiled to fix the spelling of Sayed Ghulam Shah Azizi)


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Ferrol Sams, Doctor Turned Novelist, Dies at 90


Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Fayetteville, Ga. He was 90.


The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”


“He lived a full life,” his son said. “He didn’t leave anything in the tank.”


Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.


When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.


“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”


In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”


He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”


Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.


Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.


Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.


Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.


“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”


This article has been revised to reflect the following correction:

Correction: February 2, 2013

An earlier version of this obituary misstated the town in which Mr. Sams died. It was Fayetteville, Ga., not Lafayette, Ga.



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Chicago beer firm Crown Imports is caught in antitrust fight









An antitrust brouhaha in Washington has thrown the future of Crown Imports, a Chicago-based beer importer, into question.


The company, which ranks third in U.S. beer sales volume, is a joint venture between New York-based Constellation Brands Inc. and Mexico's Grupo Modelo, which makes Corona Extra, the leading imported beer in the U.S., and other brands. Crown sells Modelo brands as well as China's Tsingtao.


As part of its proposed sale to Anheuser-Busch InBev, Grupo Modelo agreed to sell its 50 percent stake in Crown to Constellation Brands for $1.85 billion. The separate transaction was meant to ease possible antitrust concerns that the merger would eliminate Crown Imports as a competitor.





But on Thursday the U.S. Department of Justice filed an antitrust suit against AB InBev to block its acquisition of Grupo Modelo. Antitrust officials said the merger would further increase the concentration of the U.S. beer market, leading to higher prices for American consumers.


The lawsuit said the sale of Modelo's interest in Crown Imports to its partner would only create "a facade of competition" between AB InBev and the importer.


"In reality, Defendants' proposed 'remedy' eliminates from the market Modelo — a particularly aggressive competitor — and replaces it with an entity wholly dependent on ABI," the Justice Department said in the lawsuit.


The suits cites as evidence part of an internal memo that Crown's chief executive, Bill Hackett, wrote to employees after the transactions were announced in June. According to the suit, Hackett wrote, "Our #1 competitor will now be our supplier ... it is not currently or will not, going forward, be 'business as usual.'"


Under the terms of the proposed merger with Modelo, AB InBev also had the option to terminate its agreement with Crown Imports after 10 years, giving it full control of Corona distribution.


Constellation Brands on Friday attacked the Justice Department, saying in a statement that the suit "demonstrates its incomplete understanding" of the proposed merger. Constellation and AB InBev have indicated that they plan to challenge the suit.


In a detailed defense, Constellation said its full control of Crown would improve competition, not harm it. According to the lawsuit, Modelo controls about 7 percent of U.S. beer sales, far behind AB InBev's market-leading 39 percent.


Constellation attempted to ease concerns that AB InBev's merger with Modelo would lead to higher prices. Hackett said in a statement: "Our Crown team independently develops, implements and refines pricing, promotional and sales strategies for each of our brands in the U.S."


The proposed beer merger had reduced uncertainty hanging over Crown Imports because the Modelo-Constellation joint venture was set to expire at the end of 2016. The Justice Department action creates a new level of uncertainty, said Benj Steinman, president of Beer Marketer's Insights, a beer industry trade publication.


"Crown's fate is hanging in the balance," Steinman said.


asachdev@tribune.com


Twitter@ameetsachdev





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Killer fired at least 10 times at woman on Lake Shore Drive




















A 32-year-old woman was shot and killed inside a Dodge mini-van on Lake Shore Drive overnight. (WGN - Chicago)






















































A woman was shot to death while driving a van when someone pulled alongside her on the ramp from Lake Shore Drive to the Stevenson Expressway and fired 10 to 14 times Friday morning, police said.

The Chicago woman, 32, was hit at least once and died at the scene. She later was identified as Michelle Smith, of the 5000 block of South Paulina Avenue, according to the Cook County medical examiner's office. A 37-year-old woman in the van escaped unharmed and was being questioned by police, officials said.

“A brown full-sized van approached in the left lane,” Illinois State Police Capt. Luis Gutierrez said at a press conference on the scene. “That vehicle shot at our victim approximately 10 to 14 rounds."


Gutierrez said police were able to talk to the passenger, who was not harmed, and police believe that "this incident stems from drug and gang activity." Police are reviewing video footage from near the scene.


The victim's criminal history includes several drug-related arrests and a four-year sentence given in 2007 for a felony narcotics conviction, records show.


Illinois State Police learned of the shooting about 4:20 a.m. from Chicago police, who got to the scene after the van crashed.

Police closed access to interstates 94 and 55 from southbound Lake Shore Drive. Flares were laid out to keep vehicles off the ramp but they were quickly extinguished by wind. The ramp was reopened about 11:30 a.m., according to the city's Office of Emergency Management and Communications.

pnickeas@tribune.com
Twitter: @peternickeas







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Hackers target Twitter, access about 250,000 user accounts






SAN FRANCISCO (Reuters) – Anonymous hackers have targeted Twitter this week and gained access to roughly 250,000 user accounts though only “limited information” such as email addresses was compromised, the microblog said on Friday.


Twitter has already reset passwords for affected users, and will notify them soon, it said in a blog post. The cyberattacks come days after the New York Times and the Wall Street Journal revealed they had been the target of a well-coordinated hacking effort.






“This attack was not the work of amateurs, and we do not believe it was an isolated incident,” Twitter said. “The attackers were extremely sophisticated, and we believe other companies and organizations have also been recently similarly attacked.”


(Reporting by Alexei Oreskovic; Editing by Gary Hill)


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Julia Stiles Joins Mary Pickford Biopic ‘The First’






NEW YORK (TheWrap.com) – Julia Stiles has joined the cast of the Mary Pickford biopic “The First” to play famed screenwriter Frances Marion, Poverty Row Entertainment announced Thursday.


Marion was the first woman to win an Oscar for Best Adapted Screenplay, taking the prize in 1930 for “The Big House.” She collaborated often with Pickford, writing the scripts for “Rebecca of Sunnybrook Farm” and “The Poor Little Rich Girl.”






“The First,” based on Eileen Whitfield‘s biography, “Pickford: The Woman Who Made Hollywood,” tells the story of one of Hollywood’s first superstars.


“Julia is someone I could instantly envision in that era and within the world of Old Hollywood,” director Jennifer DeLia said in a statement. “I’ve watched her work since I was a kid in the mid-90′s when she was emerging as a very cool and very talented actress, and in my eyes, she has never wavered from being someone totally dedicated to what she does. “


Stiles last appeared in David O. Russell‘s Oscar-nominated “Silver Linings Playbook” and the YouTube series “Blue,” a show on Jon Avnet and Rodrigo Garcia’s WIGS channel. She recently finished shooting John Crowley’s “Closed Circuit” and will next appear in “Aguar Rojas” for Jonathan King and Participant Media.


In “The First,” she joins a cast that includes Lily Rabe as Pickford, Michael Pitt as Pickford’s first husband Owen Moore and Ryan Simpkins as a young Pickford.


DeLia and producer Julie Pacino will be taking meetings at the Berlin Film Festival for the movie and must still cast roles such as Pickford’s second husband and fellow star, Douglas Fairbanks. Fairbanks’ great grandson Dominick Fairbanks is a producer on the project.


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Birth Control Rule Altered to Allay Religious Objections





WASHINGTON — The Obama administration on Friday proposed yet another compromise to address strenuous objections from religious organizations about a policy requiring health insurance plans to provide free contraceptives, but the change did not end the political furor or legal fight over the issue.




The proposal could expand the number of groups that do not need to pay directly for birth control coverage, encompassing not only churches and other religious organizations, but also some religiously affiliated hospitals, universities and social service agencies. Health insurance companies would pay for the coverage.


The latest proposed change is the third in the last 15 months, all announced on Fridays, as President Obama has struggled to balance women’s rights, health care and religious liberty. Legal experts said the fight could end up in the Supreme Court.


Kathleen Sebelius, the secretary of health and human services, said the proposal would guarantee free coverage of birth control “while respecting religious concerns.”


But Kyle Duncan, the general counsel of the Becket Fund for Religious Liberty in Washington, which is representing employers in eight lawsuits, said the litigation would continue. “Today’s proposed rule does nothing to protect the religious freedom of millions of Americans,” Mr. Duncan said.


Religious groups dissatisfied with the new proposal want a broader, more explicit exemption for religious organizations and protection for secular businesses owned by people with religious objections to contraceptive coverage.


The tortured history of the rule has played out in several chapters. The Obama administration first issued standards requiring insurers to cover contraceptives for women in August 2011, less than a month after receiving recommendations to that effect from the National Academy of Sciences. In January 2012, the administration rejected a broad exemption sought by the Roman Catholic Church for insurance provided by Catholic hospitals, colleges and charities. After a firestorm of criticism from Catholic bishops and Republican lawmakers, the administration offered a possible compromise that February. But it left many questions unanswered and did not say how coverage would be provided for self-insured religious organizations.


Under the new proposal, churches and nonprofit religious organizations that object to providing birth control coverage on religious grounds would not have to pay for it.


Female employees could get free contraceptive coverage through a separate plan that would be provided by a health insurer. Institutions objecting to the coverage would not pay for the contraceptives.


Chiquita Brooks-LaSure, who helped develop the proposal as deputy director of the federal office that regulates health insurance, said: “Under the proposed rule, insurance companies — not churches or other religious organizations — will cover contraceptive services. No nonprofit religious institution will be forced to pay for or provide contraceptive coverage, and churches and houses of worship are specifically exempt.”


Moreover, she said, “Nonprofit religious organizations like universities, hospitals or charities with religious objections won’t have to arrange, contract or pay for coverage of these services for their employees or students.”


But some of the lawsuits objecting to the plan have been filed by businesses owned by people who say they have religious reasons for not wanting to provide contraceptive coverage. Under the proposed rule, “for-profit secular employers” would have to provide birth control coverage to employees, even if the business owners had a religious objection to the idea.


Insurers said they were studying the proposal, but had questions about how it would work. Many insurers asked where they would get the money to pay for birth control pills if — as the proposed rule says — they cannot “impose any premium, fee or other charge” for the coverage. The 2010 health care law generally requires employers to provide women with coverage at no cost for “preventive care and screenings,” which the administration says must include contraceptives for women under most health plans.


The administration says employers must cover sterilization and the full range of contraceptive methods approved by the Food and Drug Administration, including emergency contraceptive pills, like those known as ella and Plan B One-Step. Employers that do not provide such coverage will be subject to financial penalties.


The proposed rule is somewhat ambiguous about exactly who would pay the cost of contraceptive coverage.


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Apple phones outsell Samsung in the U.S. in the fourth quarter









Bolstered by sales of its iPhone 5, Apple sold more mobile phones in the U.S. in the fourth quarter than any other maker, including its rival Samsung.


It marks the first time since 2008 that Samsung was not the top phone seller in a quarter.


Still, Samsung retained its crown for all of 2012, selling 53 million devices. Apple was second with 43.7 million phones sold.





For the fourth quarter, Apple sold 17.7 million units, or 34% of the phones sold in the quarter, according to a report released Friday morning by Strategy Analytics. That was up from 12.8 million devices sold in the year-earlier period.

Samsung was next with 16.8 million phones, or 32% of all phones sold in the quarter. Total sales  represented an increase for Samsung, which sold 13.5 million phones a year earlier. 


QUIZ: Test your Apple knowledge


"This was a good performance from Samsung, as its market share (of phones sold in the fourth quarter) rose 5 points from 27% a year earlier, but it was not enough to hold off a surging Apple," the report says.


Samsung "will surely be keen to recapture that title in 2013 by launching improved new models such as the rumored Galaxy S4," the report says. 


Third place in the U.S. was LG, which sold 6.9 million phones, 9% of all phones sold during the fourth quarter.


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Mobile social networking app Path settles with FTC for $800,000





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First food truck gets Chicago license









More than six months after the Chicago City Council legalized cooking onboard food trucks, the city on Thursday issued its first license for it to Dan Salls, owner of The Salsa Truck.

An ecstatic Salls said that he passed his health and fire inspection on Wednesday and finished his paperwork on Thursday afternoon. By Tuesday, he hopes to be searing meat, grilling quesadillas and warming tortillas on board his truck to serve with his salsas to hungry Chicagoans.






Salls, a former financial adviser who quit his job to go into the salsa business, said he will likely serve his first hot meal at the 600 W. Chicago Ave. food-truck stand Tuesday. He has publicly invited Mayor Rahm Emanuel to be his first customer.

“I think it would be a great press opportunity for him to finally get the monkey off of everyone’s back,” Salls said of the long contentious process that has finally led to the first cooking license called an MFP (for mobile food preparer).

For more than two years, food-truck activists had been lobbying the city to allow onboard cooking, as opposed to restricting food offerings to those that had been pre-cooked and packaged. Proposals were stalled for more than a year at the committee level until Emanuel presented his own version of a modified ordinance last summer, which passed in late July.

“This is just the beginning, but we’re excited to see our first MFP hit the streets,” said Rosemary Krimbel, who leads the Chicago Department of Business Affairs and Consumer Protection. “We want potential food truck owners to know that we are here to help, including newly offered truck consultations with the fire and health departments to ease the licensing process. We want to see more food trucks serving Chicago.”

Although Salls says he is thrilled to be the first licensed onboard cooking operator, he acknowledges that his truck is not the “classic West Coast type food truck.” By that he means, he did not need to outfit his truck to conform to what some feel is the city’s overly strict code on gas lines and exhaust hoods.

He will simply use an electric grill to heat his tacos, quesadillas and carnitas onboard, making rules on gas lines and hoods irrelevant to his inspection.

Next month, Salls hopes to open a bricks and mortar restaurant called The Garage which can also serve as a commissary for servicing other cooking trucks.

meng@tribune.com
Twitter: @monicaeng



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Online bingo shows its worth at Rank






LONDON (Reuters) – It may lack the noisy camaraderie of a trip to the bingo hall, but the online version of the numbers game has proved more profitable for Britain‘s Rank Group than the original.


The merits of the online business were further emphasized when Rank said a snowy January had cost it 3 million pounds ($ 4.7 million) in revenue as Britons opted not to venture out to its bingo halls and casinos.






Operating profit from online bingo was 11.4 million pounds, just beating the 11.1 million earned from the venues themselves.


The company, majority owned by Malaysia’s Guoco, reported a 4 percent decline in pretax profit to 31.3 million pounds in the six months to December, with its loss-making Blue Square betting business proving a drag.


Many parts of Britain have seen heavy snow over the last two weeks and there are fears that the bad weather will hit economic activity and push the country back into recession.


Pub groups Enterprise Inns and Mitchell & Butlers both said the recent cold snap had hit sales.


“Allowing for the slow start to the second half we remain confident in our prospects for the remainder of the year and in our longer-term growth strategy,” Rank Chief Executive Ian Burke said.


Rank’s main activities are in Britain where it runs 35 Grosvenor Casinos and more than 100 Mecca bingo clubs.


Profits growth in its online bingo business mirrors that in the gambling industry as a whole where online betting is the fastest growing part of the market, helped by the popularity of smart phones and tablets.


However, Rank has said it is reviewing the future of its own struggling online betting business Blue Square, a relative minnow in a crowded sector.


“We felt the losses were not losses we could continue to sustain,” said Burke.


Blue Square reported an operating loss of 4.8 million pounds in the six months and Rank has now cut its spending on marketing the business.


“There were 11 or 12 competitors advertising and that spending just wasn’t cutting through,” said Burke.


He declined to comment further on the future of the business pending completion of the review.


Rank is awaiting regulatory clearance for a planned 205 million pound deal to buy the casino business of Gala Coral.


A preliminary report by the Competition Commission said Rank could have to sell six casinos to get the deal approved.


($ 1 = 0.6332 British pounds)


(Editing by Louise Ireland and Brenda Goh)


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“Gomer Pyle” actor Jim Nabors weds longtime male partner






SEATTLE (Reuters) – American actor Jim Nabors, the star of 1960s television comedyGomer Pyle, U.S.M.C.,” married his longtime male partner at a Seattle hotel this month.


Nabors, 82, also a singer, wed 64-year-old Stan Cadwallader, his partner of some 38 years, in a ceremony before a judge on January 15 at the Fairmont Olympic Hotel, where the couple traveled after same sex marriage became legal in Washington state last month.






“I was just trying to solidify all of our years together,” Nabors told Reuters on Wednesday from Hawaii, where the two live. “When you find a good friend in this life, you hang on to him.”


Nabors said the ceremony in his hotel room was “very touching” but laughed off any suggestion of feeling different afterward.


“Oh please, nothing’s changed,” Nabors said. “Most of the things you promise, we got through that 38 years ago.”


Nabors, an Alabama native, played goofy gas-station attendant Gomer Pyle on “The Andy Griffith Show” and in the spin-off “Gomer Pyle, U.S.M.C.,” among many other television and musical appearances.


Nabors said he met Cadwallader, a former firefighter in Honolulu, in 1975, and Cadwallader eventually went to work for him.


Nabors said he was open with his colleagues and friends about his sexuality, but that his marriage was a private affair not intended as a public statement in the national debate over gay marriage.


“I am not an activist, particularly. But I think every single human being has the right to choose the person they want to spend their life with,” Nabors said. “That’s not even an argument, it’s just a God-given right.”


Nine of the 50 U.S. states plus the District of Columbia have legalized gay marriage. Another 31 states have passed constitutional amendments restricting marriage to heterosexual couples.


Nabors’ marriage application and marriage certificate are on file with the Thurston County Auditor in Olympia, according to a clerk in the King County Archives.


(Reporting by Eric M. Johnson and Laura Myers in Seattle; Editing by Leslie Gevirtz, Cynthia Johnston and Jim Loney)


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Hip Implant’s Risks Inadequately Assessed, DePuy Report Found in 2010


A review conducted internally by Johnson & Johnson soon after it recalled a troubled hip implant found that the company had not adequately assessed the device’s potential risks before it was used in more than 90,000 patients, court testimony on Thursday showed.


The engineering report, which was done in 2010, also found that Johnson & Johnson’s orthopedic unit had used inadequate or incorrect standards in trying to assess some of those risks before first selling the implant in 2003. The device at issue — the Articular Surface Replacement, or A.S.R. — proved to be among the most flawed orthopedic devices sold in recent decades.


The report was introduced on Thursday in Los Angeles Superior Court, in the first A.S.R.-related lawsuit to go to trial against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 similar lawsuits have been filed in the United States.


In videotaped testimony shown in court, Jimmy Smith, a compliance manager at DePuy, was asked about the report, and he said it indicated that company officials had not used appropriate engineering controls to try to anticipate the device’s problems.


“They did their job, but they could have done it better,” Mr. Smith said.


Separately, a DePuy engineer, Graham Isaac, testified on Thursday that before selling the A.S.R., the company only tested its performance on laboratory equipment at one angle of implantation.


Depending on the surgical technique and a patient’s build, orthopedic surgeons can implant the cup component of an artificial hip at a variety of angles. And because the A.S.R. had a design flaw, normal variance from the single angle at which DePuy had tested it made it more likely for the joint’s cup and ball components to strike each other, releasing metallic debris inside a patient.


DePuy conducted the post-mortem review of the A.S.R. in November 2010, just three months after it recalled the all-metal implant, but it never released the analysis. It also, apparently, did not conduct a similar review in response to the mounting number of complaints about the device that it received from doctors and others in 2008 and 2009.


Lorie Gawreluk, a spokeswoman for DePuy, said that she could not comment on any details of the lawsuit, but that the company believed that the evidence would show it acted appropriately. The trial’s proceedings were monitored over the Courtroom View Network.


The A.S.R. is projected to fail within five years in about 40 percent of patients who received the implant. That early failure rate, which is expected to grow over time, is many times higher than the failure rate for most hip replacements.


In the post-recall review in 2010, DePuy engineers examined the criteria and “controls,” or standards, that were used nearly a decade earlier when company officials tried to anticipate how the A.S.R. might perform. Because the version of the device that was sold in the United States was never clinically tested in patients, officials used the controls to assess the implant.


Among other things, DePuy officials failed to anticipate that the A.S.R. would have a high rate of wear as a patient moved, even though the control referenced in the device’s records demonstrated “that the product is more likely to experience contact between the head and rim” than competing implants.


In previously recorded testimony presented in court on Wednesday, DePuy’s president, Andrew Ekdahl, was shown an e-mail in which he was warned about the A.S.R.’s problems nearly three years before it was recalled.


Mr. Ekdahl and other DePuy executives have asserted that they acted properly and in a timely fashion to the device’s problems. The company spokeswoman, Ms. Gawreluk, said Mr. Ekdahl would not be made available for an interview.


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Former Peregrine CEO Wasendorf gets 50 years in prison









A U.S. judge on Thursday sentenced the founder of Peregrine Financial Group to 50 years in prison for looting hundreds of millions of dollars from the brokerage, saying his customers would probably never recover the money they lost.

Russell Wasendorf Sr., who had tried to kill himself just before the fraud was uncovered, received the maximum sentence allowed by law and was ordered to pay $215.5 million in restitution for his nearly 20-year scheme.

Wasendorf's fraud was revealed in 2012, triggering the collapse of the brokerage and further shaking investors' confidence in the U.S. futures industry, already rattled by the failure of larger rival M.F. Global.

"I'm very sorry for the financial and emotional damage I've caused to investors and employees of Peregrine Financial Group," Wasendorf said in a feeble voice at a sentencing hearing in Cedar Rapids, Iowa. "I feel I fully deserve whatever sentence I am given… My guilt is such I will accept that sentence."

Chief Judge Linda Reade of the U.S. District Court of the Northern District of Iowa said former Peregrine customers will probably never get all their money back.

Wasendorf, 64, admitted last July that he had bilked tens of thousands of clients over a period of nearly 20 years, faking bank statements and lying to federal regulators, employees and his closest family members.

As regulators closed in on the fraud, Wasendorf made a botched suicide attempt outside his $24-million headquarters in Cedar Falls, Iowa, which investigators say was financed with money siphoned from customers.

Peregrine Financial, known as PFGBest, quickly collapsed, and 24,000 former customers are still missing most of the money they had invested with the firm.

Wasendorf pleaded guilty in September to embezzling more than $100 million. Prosecutors said the amount stolen was more like $215 million.

"The lengthy prison sentence imposed today is just punishment for a con man who built a business on smoke and mirrors," said Acting U.S. Attorney Sean Berry.

PLEAS FOR LENIENCY

Supporters of the disgraced executive had asked Reade for leniency, arguing that Wasendorf is in frail health and that he had helped others even in the midst of his 20-year fraud.

Wasendorf, wearing an orange sweatshirt, looked gaunt in court after spending six months in isolation in a county jail.

He has been sick in jail, and doctors found a tumor on or near his pancreas, according to testimony from his pastor, Linda Livingston of Ascension Lutheran Church. Wasendorf's mother died of pancreatic cancer, but it is unknown whether Wasendorf's tumor is cancerous, she said.

U.S. prosecutors said the large loss, the sophisticated nature of the crime, and the sheer number of victims justified Wasendorf spending the rest of his life behind bars.

"The defendant spent like he was the richest man in the world," Assistant U.S. Attorney Peter Deegan said in court.

Peregrine's collapse dealt a blow to confidence in the U.S futures industry, already reeling from $1.6 billion hole in customer pockets left when giant brokerage MF Global failed nine months earlier.

Futures traders had never before suffered such large losses as a result of a brokerage failure.

Despite his misdeeds, Wasendorf "did do some positive things for the community," said former U.S. Congressman David Nagle from Iowa, who spoke up for the fallen CEO in court.

Nagle, who helped Wasendorf win zoning approval for Peregrine's environmentally-friendly headquarters, asked the judge for leniency.

"Who wants to defend the magnitude of the crimes Mr. Wasendorf committed?" he said. "But good people do bad things."

Wasendorf was well known for donating to local charities before his empire came crashing down.

However, he built his reputation for generosity using money stolen from his customers, Judge Reade said, adding that the donations likely lessened Wasendorf's feelings of guilt.

Peregrine customers "unwittingly funded the charities, but it was Mr. Wasendorf who took the credit," she said.

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$11K reward offered in slaying of girl 'destined for great things'









With outrage over his daughter's death spreading from City Hall to the White House, Nathaniel Pendleton made a public plea Wednesday for someone to step forward and bring the 15-year-old's killer to justice.

"They took the light of my life," Pendleton said at a news conference, where a $11,000 reward was announced for information about Tuesday's slaying of Hadiya Pendleton. "This guy, whoever he was, the gunman, man, you took the light of my life. Just look at yourself and just know that you took a bright person, an innocent person, a non-violent person."

Shaking his head and collecting himself, he continued, "This kid didn't like violence at all, didn't even like to fight, avoided a fight, moved away from anything that was not positive. She was a majorette, just came back from the inauguration. She was destined for great things and you stripped that from her."

Hadiya, who last week performed at President Barack Obama's inaugural festivities, was killed when a gunman opened fire on a group of students at Harsh Park, just blocks from King College Prep and about a mile from Obama's home in Kenwood on the South Side.

Presidential spokeman Jay Carney, asked about Hadiya's death Wednesday, said it was a “terrible tragedy” any time a young person is struck down “with so much of their life ahead of them.”

“The president and first lady's thoughts and prayers are with the family of Hadiya Pendleton,” he said. “All of our thoughts and prayers are with her family.”

Carney, asked about a petition urging President Barack Obama to attend Pendleton’s funeral, said he was not aware of the petition and had no scheduling announcements to make.

When asked if Obama had reached out to Pendleton’s family, Carney said he had no communications to share with reporters.

Carney also said that when Obama talks about gun violence in America he is not talking only about Newtown (Conn.) or Aurora (Colo.) or Oak Creek (Wis.) or Virginia Tech, but to shootings in Chicago and other parts of the country.

He added that while "we may not be able to prevent every act of gun violence. . .we need to take action to reduce gun violence” and “make sure that we’re doing everything we can in a responsible way to reduce this violence, to protect our children, including Hadiya Pendleton and others.”

Hadiya's death also came up at a news conference by Mayor Rahm Emanuel as a particularly violent January in Chicago draws to a close.

Emanuel called Hadiya "what is best in our city" and urged anyone with information about the slaying to come forward.

"If anybody has any information, you are not a snitch, you're a citizen," the mayor said. "You're a good citizen in good standing if you help."

The mayor said he talked this morning with Police Superintendent Garry McCarthy, "going over what we need to do, what differences we have to do, what other tactics we have to adopt." He did not say what plans he and McCarthy discussed.

Later, McCarthy appeared with Hadiya's father at a news conference at Harsh Park to announce the reward.

"The fact is, at this point, we have very little to go on. The fact is that somebody knows something," he said, surrounded by family members and community leaders.

The Rev. Michael Pfleger, pastor of St. Sabina Church on the South Side, said the reward will be "a bounty out on the head of a killer before you kill somebody else.

"Your butt needs to be in jail," he said. "Somebody knows. . .right now, sitting in their home some young person knows, some young friend of theirs knows, some parent knows, some adult knows. Where are you?"

Pfleger compared Hadiya's slaying to the mass murder of school children in Newtown, Conn. "We should be just as outraged," he said.

Hadiya was hanging out with her volleyball team at Harsh Park after taking exams Tuesday afternoon. About a dozen teens had taken shelter under a canopy during a rainstorm when a boy or man jumped a fence in the park, ran toward them and opened fire around 2:20 p.m., police said.

Hadiya was wounded in the back and a 16-year-old boy -- also a student at King -- was shot in the leg, police said. The attacker got into a white Nissan auto and fled, police said. No arrests have been reported.

Today, Hadiya's family was inside their South Side home exchanging stories about her quirks and sense of humor.

Ten-year-old Nathaniel Pendleton Jr. recalled the way his big sister would often greet him with a few gentle slaps on his cheeks whenever she came home from school.

"She said it was with love," he said.

Nathaniel etched "I miss you" and "I love you" on his arm Wednesday. "It's very painful to see your big sister get slaughtered," the soft-spoken Nathaniel said, tearing up as he went through photos of his big sister on his phone.


His father said he would miss Hadiya's bright smile the most. He said the family had been saving up for her upcoming trip to Paris and was excited to see her go abroad.

"I just knew she wanted to go and I knew it was a very good opportunity for her. . .to get cultured," Pendleton Sr. said.

The father said he didn't get a chance to speak to his daughter on the day she died. He was headed to Hadiya's godfather's house when he learned of the shooting.

Pendleton said he did not fear for his daughter's safety around the school.

"She had good energy, very good energy," he said. "And the thing is. . .You don't expect good energy to attract bad energy. Never in a million years I thought I would get this call."


Kimiko Pettis, Hadiya's 32-year-old aunt, laughed when she talked about her niece's goofy personality. "We really miss her," Pettis said. "She was a remarkable young lady and such a great asset to our family."

Hadiya was a busy but lighthearted teen, always trying to get a laugh from her family. Just Tuesday, she put on what she thought was a "fabulous outfit" and make-up before school.

"She popped out of the bathroom saying. 'I'm ready!' " Pettis said, throwing her arms in the air.

Pettis said her niece loved Coldplay and Maroon 5. "You could not find any urban music on her phone," Pettis said with a laugh. "And she had two left feet."

Last year, Hadiya traveled with her school band to perform at Marti Gras in New Orleans, Pettis said. Last week, she had performed at Obama’s inauguration festivities. This year's travel plans included Dublin and Paris with the band, her aunt said, a trip she was very much looking forward to.

Though only a sophomore, Hadiya had aspirations to become a pharmacist or a journalist, Pettis said. Because she couldn't decide, family encouraged her to do both with a possible double major. She had interest in attending Northwestern University, her aunt said.

Hadiya was such a whirlwind of activity, relatives would jokingly tell her to slow down.

"There were a lot of good opportunities that were coming her way. She was just taking them all,” said Lakeisha Stewart, 37, Hadiya’s godmother. "She was the kid who you had to say, ‘Slow down, you can’t do everything.' "

Just last week, at the inauguration, Hadiya sent her godparents a text and a photo of her and her teammates in Washington, D.C., Stewart said.  She had not gotten the chance to talk to Hadiya about the details of the trip since she returned from the East Coast.

Hadiya’s parents made sure she stayed involved in school, said her godfather, Damon Stewart, 36, an attorney and Chicago police officer. He said she was in the wrong place at the wrong time.

“Her life was dominated by her activities and the things she was into,” he said.

“I’ve known this little girl her entire life," added Lakeisha Stewart. "I can’t think of a moment that this child did anything wrong. She always strived to do the right thing."

At King today, Bria Carter and two friends said the halls of the school were unusually quiet as students mourned Hadiya’s death.

"People are crying at school," said Carter, 17, a friend of Hadiya. "Those who knew her are so hurt.

"She was an amazing person -- always positive," Carter said. "She was one of those people everyone loved. She was the sweetest thing."

Brothers Addison and Zion Morgan said many of their classmates took to social media Tuesday night to express their emotions.

"Based off of the tweets, everyone is surprised and shocked by this," said senior Addison Morgan, 17.

Freshman Zion Morgan, 15, said he was in a U.S. History class with Hadiya.  "She was always smiling," Zion Morgan said. "She would always raise her hand in class."

School Principal Shontae Higginbottom said Hadiya was well-loved at the school, and students and staff are devastated.

"This is a great loss to us, she was a wonderful student. She was well-loved by her friends, well-adored by her teachers. We are going to miss her. Our hearts are so heavy, we have to stop the violence, we have to save our children," said Higginbottom.








Relatives of the girl said she was in an anti-gang violence video while she was attending the Carter G. Woodson Elementary School.


At the park, neighbors along the well-maintained North Kenwood block could not remember any trouble there before.

The small park's bright blue and orange playground equipment is often used by toddlers down the street, a neighbor said, but otherwise remains quiet.

A neighbor, who declined to be named, lives next door to the park and said it's a "perfect neighborhood."

Teens and older children are not often visitors of the park, he said. The block is filled with "Harvard attorneys," "business owners" and other executives, the neighbor said. "No one knows about our block," he said. "It's a quiet place."

Hadiya's godmother agreed. “It amazed me when I found out what park it was," she said. "Nothing I have ever heard ever goes on over there.”

The shooting occurred about a mile from Obama's Kenwood home, but Emanuel said the circumstances do not carry symbolic significance.

"It's not the mile from a house. Wherever it happens in the city of Chicago is where I consider it," the mayor said while talking to reporters at a news conference about a West Humboldt Park company building new seats for CTA buses.

"While you may say it's a mile from the president's house, my view is, it's in the city of Chicago, regardless of where it happens," Emanuel added.

Ald. Will Burns, 4th, appearing with McCarthy, noted that the community and King Prep have steadily improved over the last 20 years.

"King High School went from being one of the worst high schools in the city of Chicago to being a selective enrollment high school," he said. "These young people were going to one of the best schools in the city of Chicago and they were spending their time in a park, which is what parks are there for, for young people to enjoy themselves and recreate and do something positive."

"This is not my community, these are not the people I know and love," he said referring to the killer. "No gang controls this ward."


Tribune reporters Carlos Sadovi and Christi Parsons contributed.


Chicagobreaking@tribune.com


Twitter: @ChicagoBreaking





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Rape trial of teenaged football players to be open to public: Ohio judge






(Reuters) – The controversial trial of two high school football players accused of raping a classmate will remain open to the public and will not be relocated to another town, an Ohio judge ruled on Wednesday.


Prosecutors and an attorney representing the accuser had sought a closed trial, arguing that public access to the juvenile trial would subject the accuser to unwanted publicity and make potential witnesses reluctant to testify.






Visiting Hamilton County Judge Tom Lipps said the presence of the media would prevent inaccurate reporting and enhance public confidence in the juvenile justice system, according to his written ruling, a copy of which was seen by Reuters.


“An open hearing is especially valuable where rumors, mischaracterizations and opinions unsupported by facts have reportedly been repeated in social media postings and other published outlets,” Lipps wrote. “An open hearing will diminish the influence of such postings and publications.”


Prosecutors have accused Ma’Lik Richmond and Trent Mays, both 16, of raping a classmate at a party attended by many teammates last August in Steubenville, a close-knit city of 19,000 near the Pennsylvania border.


The case attracted national attention after the hacker activist group Anonymous publicized a picture of two young men carrying a girl by her wrists and ankles and released a video showing other young men joking about the alleged assault.


Richmond’s lawyer, Walter Madison, said previously on CNN that his client was one of the young men in the photograph – which he said was taken out of context – but does not appear in the video. A lawyer for Mays has not publicly commented on the postings.


Community leaders have accused authorities of protecting the school’s popular football program by not charging more players who could have prevented the alleged attack.


Lipps also ruled on Wednesday that the trial will remain in Steubenville. He set a trial date for March 13.


Reuters generally does not identify people who say they have been victims of sex crimes.


(Editing by Paul Thomasch, Bernard Orr)


Internet News Headlines – Yahoo! News





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Final cut: The gems and stars left off the Oscars list






(Reuters) – If I could remove any word from Oscar conversations, it would be “snubbed.” It’s catchy and makes good headline fodder, but it implies that a cabal of Academy members sat in a room and consciously decided to ostracize this actor or that moviemaker. These ballots are filled out by 6,000 to 7,000 voters, ranging from visual effects experts to screenwriters to studio chiefs. I can’t envision secret meetings to decide the fate of each candidate.


Jamie Foxx (“Django Unchained”) and veteran French star Jean-Louis Trintignant were both considered serious contenders for a Best Actor nomination; neither made the final cut, even though Trintignant’s co-star in “Amour,” Emmanuelle Riva, was nominated for Best Actress. At one point, the gifted John Hawkes was touted as a shoo-in for his brilliant performance in “The Sessions.” But I’ve learned never to use the word “shoo-in” where the Oscars are concerned.






There were fewer surprises in the Best Actress category, although some pundits had predicted Helen Mirren for “Hitchcock,” Marion Cotillard for the French import “Rust and Bone” and Rachel Weisz, who won the New York Film Critics’ award, for “The Deep Blue Sea.” As it happens, they took a collective backseat to the youngest female ever nominated in this category, 9-year-old Quvenzhané Wallis (“Beasts of the Southern Wild”) and the oldest, 82-year-old Riva.


The always-crowded Supporting Actor and Actress rosters excluded such prominent figures as Nicole Kidman, Leonardo DiCaprio, Samuel L. Jackson and Maggie Smith, while admitting Philip Seymour Hoffman for what is clearly a leading role in “The Master.”


But the biggest buzz concerns this year’s Best Director lineup. Experienced Oscar watchers could see this brewing, as the current Oscar setup has a built-in dilemma. To understand it, one need only do the math: With the Academy of Motion Picture Arts and Sciences now enabling nine films to compete for Best Picture — in fact, they allow as many as 10 — but retaining only five slots for Best Director, at least four world-class filmmakers are guaranteed to be left out in the cold. How those four happened to be Kathryn Bigelow, Ben Affleck, Tom Hooper and Quentin Tarantino this year is anybody’s guess.


Only members of the director’s branch get to nominate directors; that’s an elite group of fewer than 400 people. The same constituency didn’t cite Affleck for his terrific movie “The Town” a few years ago but did support Bigelow and Hooper, who went on to win for “The Hurt Locker” and “The King’s Speech,” respectively. They were early boosters of Tarantino, who won an Oscar for Best Screenplay for “Pulp Fiction” in 1994 and was nominated for Best Director for his last film, “Inglorious Basterds.” It may be true that they’ve undervalued Ben Affleck, but there is no logic to the omission of the three other Best Picture directors.


What’s more, the Academy’s director lineup doesn’t coincide with that of the Directors Guild of America, which historically, and almost invariably, has forecast the Oscar winner. But that was before the Academy opened up the Best Picture category beyond its traditional five slots, so now all bets are off. (For the record, this year’s DGA nominees are Affleck, Bigelow, Hooper, Ang Lee and Steven Spielberg.)


WHAT ABOUT ‘TED’?


Every round of Oscar nominations brings its share of surprises and disappointments. Many people I know were counting on Judi Dench to be up for Best Supporting Actress, which would have made her the first person to be singled out for a performance in a James Bond movie in that series’ 50-year history. There was also great enthusiasm for Javier Bardem‘s performance as the movie’s colorfully sinister villain. Both Dench and Bardem are former winners, so the Academy actors’ branch clearly appreciates them … just not enough to make this year’s finals. Even so, “Skyfall” earned a record five nominations, including one for Thomas Newman’s rousing music score and one for cinematographer Roger Deakins, who has been nominated 10 times and never taken home one of those gold statuettes. (It’s the first time around for Adele, who sang and co-wrote the movie’s theme song.)


Over the course of the year, a handful of other films elicited critical notice that might have led to Oscar recognition: Richard Linklater’s “Bernie” offered Jack Black an unusually juicy part as a real-life Texas character who may or may not have murdered his older female companion. Novelist Stephen Chbosky’s adaptation of his best-selling book “The Perks of Being a Wallflower” earned warm reviews for its deeply felt look at high school outcasts. Co-star Ezra Miller has been singled out in particular amid a talented young cast. Two of the best performances of the year were given by Jake Gyllenhaal and Michael Peña in David Ayer’s vibrant L.A. cop drama “End of Watch,” but their work has been largely overlooked. Fortunately, Peña is in the running for an Independent Spirit Award as Best Supporting Actor.


Christopher Nolan loyalists are still miffed that the filmmaker has been nominated for two of his screenplays (“Memento” and “Inception”) but never recognized as Best Director — and that the finale in his Batman trilogy, “The Dark Knight Rises,” did not earn a Best Picture nod this year.


Omissions don’t come only in the boldface categories that attract the lion’s share of attention. It’s understandable that “The Hobbit: An Unexpected Journey,” “Life of Pi,” Marvel’s “The Avengers,” “Prometheus” and “Snow White and the Huntsman” are competing for Best Achievement in Visual Effects. But if you stop and think about it, was there a more convincing or persuasive use of “movie magic” this year than a teddy bear come to life sharing the screen with Mark Wahlberg in Seth MacFarlane’s “Ted”? To me, that’s the most amazing kind of trickery, because you’re forced to believe what your brain tells you can’t be true. Yet “Ted” didn’t even make the Academy’s short list before the final five contenders were chosen.


For my money, there is one 2012 release that has truly been robbed. It happens to be a box-office blockbuster, which offers its creators (and backers) some consolation, I’m sure. Still, “The Avengers” is the best comic book superhero movie of this, or possibly, any year, in large part because of Joss Whedon’s sensationally smart, funny screenplay. There is none of the self-seriousness that mars “The Dark Knight Rises” or the hollowness of earlier Marvel efforts like “Thor.” It doesn’t run out of steam like “Captain America” or simply repeat itself like “Iron Man 2.”


Whedon pulls off the formidable feat of assembling an all-star cast of characters and giving each a purpose. He takes a two-dimensional villain from “Thor” and makes him truly menacing. He breathes new life into the lumbering Hulk. He makes us care about all these characters and gives them a cause worth fighting (and rooting) for. On top of that, he infuses his screenplay with a welcome dose of humor, including some of the funniest moments ever found in an ostensibly serious superhero saga. (Here’s a sample exchange. Bruce Banner: I don’t think we should be focusing on Loki. That guy’s brain is a bag full of cats. You can smell crazy on him. Thor: Have a care how you speak! Loki is beyond reason, but he is of Asgard and he is my brother! Natasha Romanoff: He killed 80 people in two days. Thor: He’s adopted.)


Moviegoers around the world loved the result, and even critics sang its praises. But aside from a nomination for its excellent visual effects, the movie was shut out. Normally, this wouldn’t be shocking, as the Academy tends to shun popcorn movies except in the technical categories, but “The Avengers” is no ordinary popcorn movie.


Then again, if the Oscars followed a predictable path — mine or anyone else’s — they wouldn’t be the Oscars. The final surprises will be unveiled on February 24.


Film critic and historian Leonard Maltin is perhaps best known for his annual paperback reference book, “Leonard Maltin’s Movie Guide.” He hosts “Maltin on Movies” for Reelz, introduces films on Comcast and teaches as the University of Southern California School for Cinematic Arts. He has written many books on film and holds court at www.leonardmaltin.com.


(Editing by Kathy Jones, Arlene Getz and Douglas Royalty)


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During Trial, New Details Emerge on DuPuy Hip





When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.




But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.


In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.


The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.


The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.


Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”


On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”


Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.


In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.


“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.


A spokesman for Dr. Griffin said he was not available for comment.


The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.


Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.


Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.


Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.


In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.


“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.


Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.


The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.


DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.


During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.


This article has been revised to reflect the following correction:

Correction: January 30, 2013

An earlier version of this article, in the summary, described the start of the DePuy trial incorrectly. It began last week, not this week.



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BlackBerry 10 launches after long wait









Research In Motion Ltd unveiled the long-delayed line of smartphones it hopes will put it on the comeback trail on Wednesday but it disappointed investors by saying U.S. sales of its all-new BlackBerry 10 will start only in March.

Chief Executive Thorsten Heins also announced that RIM was abandoning the name it has used since its inception in 1985 to take the name of its signature product, signaling his hopes for a fresh start for the company that pioneered on-your-hip email.






"From this point forward, RIM becomes BlackBerry," Heins said at the New York launch. "It is one brand; it is one promise."

RIM, which is already starting to call itself BlackBerry, had initially planned to launch the new BlackBerry 10 smartphones in 2011. But it pushed the date back twice as it struggled to work with a new operating system.

Ahead of Wednesday's announcements, analysts had said that any launch after February would be a black mark for the Canadian company.

"The biggest disappointment was the delay in the U.S., that it will take so long before the devices get going there," said Eric Jackson, founder and managing Partner at Ironfire Capital LLC in New York.

Heins said the delays reflected the need for U.S. carrier testing, although carrier AT&T offered few clues on what that meant.

"We are very enthusiastic about the devices. We will announce pricing, availability, and other information at a later date. Beyond that, nothing to add," said spokesman Mark Siegel.

RIM launched its first BlackBerry back in 1999 as a way for busy executives to stay in touch with their clients and their offices, and the Canadian company quickly cornered the market for secure corporate and government email.

But its star faded as competition rose. The BlackBerry is now a far-behind also-ran in the race for market share, with a 3.4 percent global showing in the fourth quarter, down from 20 percent three years before. Its North American market share is even worse: a mere 2 percent in the fourth quarter.

RIM shares tumbled along with the company's market share, and the stock is down 90 percent from its 2008 peak.

The shares fell as much as 8 percent on Wednesday, although they are still more than twice the level of their September 2012 low, reflecting ever-louder buzz about the new devices.

TOUCH COMPETITION

The new BlackBerry 10 phones will compete with Apple's iPhone and devices using Google's Android technology, both of which have soared above the BlackBerry in a competitive market.

The BlackBerry 10 devices boast fast browsers, new features, smart cameras and, unlike previous BlackBerry models, enter the market primed with a large application library, including services such as Skype and the popular game Angry Birds.

The BlackBerry Z10 touchscreen device, in black or white, will be the first to hit the market, with a country-by-country roll-out that starts in Britain on Thursday.

A Q10 model, equipped with small "qwerty" keyboard that RIM made into its trademark, will launch globally in April.

The Z10 device won a lukewarm review from Wall Street Journal tech blogger Walt Mossberg, who complained of missing or lagging features and a shortage of apps.

But David Pogue, who writes for The New York Times, apologized for describing BlackBerry as doomed in the past. The Z10 touchscreen device was "lovely, fast and efficient, bristling with fresh, useful ideas," he said.

Announcements about pricing so far have been in line with expectations. U.S. carrier Verizon Wireless said the phone would cost $199 for a two-year contract, while Canada's Rogers Communications is quoting C$149 ($150) for certain three-year plans.

GLITZY LAUNCH

RIM picked a range of venues for its global launch parties, including Dubai's $650-a-night Armani Hotel, which occupies six floors of the Burj Khalifa, the world's tallest tower.

The New York event took place in a sprawling basketball facility on the Lower East Side of Manhattan, just north of the Manhattan Bridge. The BlackBerry has been "Re-designed. Re-engineered. Re-invented," RIM said.

RIM, which is splurging on a Superbowl ad to promote its new phones, also introduced Grammy-winning singer-songwriter Alicia Keys as its global creative director.

"I was in a long-term relationship with BlackBerry, and then I started to notice some new, kind of hotter, attractive, sexier phones at the gym, and I kind of broke up with you for something that had a little more bling," Keys said at the New York launch.

"But I always missed the way you organized my life, and the way you were there for me at my job, and so I started to have two phones - I was kind of playing the field. But then … you added a lot more features … and now, we're exclusively dating again, and I'm very happy."

RIMM Chart

RIMM data by YCharts





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Teen girl killed, boy wounded in shooting near high school









After taking their exams, Hadiya Pendleton and a group of others decided to hang out at a park on Tuesday just blocks away from their high school on the South Side.


But the trip ended in tragedy when the 15-year-old King College Prep student was fatally shot in the back and a 16-year-old boy was wounded in the leg, and remained in serious condition Tuesday night, authorities said. Police said Pendleton was not believed to be the target of the shooting, but that most of those who were in the park were gang members, and that those in the group did not stay on scene to help after the shootings.


The shooting occurred around 2:20 p.m. in the 4500 block of South Oakenwald Avenue, police said.








Pendleton was a sophomore at King high school, friends said. The boy also is a student at King, they said, though Pendleton's relatives said they were not sure what school he attended.


One of the teens was taken in serious to critical condition to Comer Children's Hospital, according to Chicago Fire Department spokesman Will Knight.


The other victim also was taken to Comer and police at first believed both victims' conditions had stabilized by a little after 3 p.m., said Chicago Police News Affairs Officer Veejay Zala.


At Comer this evening, a group of young people sat and stood inside the entrance to the hospital's emergency room, along with the principal of King high school.


Many hugged as they brushed tears from their eyes and consoled each other and Pendleton's parents.


"She was awesome," one girl said of Pendleton outside the hospital's ER.


Friends of the slain girl said King was dismissed early today because of exams, and students went to the park on Oakenwald--something they don't usually do.


Friends said the girl was a majorette and a volleyball player, a friendly and sweet presence at King, one of the top 10 CPS selective enrollment schools.


Neighbors said students from King do hang out at Harsh Park, 4458-70 S. Oakenwald Ave., and that students were there this afternoon before the shooting took place. A group of 10 to 12 teens at the park had taken shelter under a canopy there during a rainstorm when a boy or man jumped a fence in the park, ran toward the group and opened fire, police said in a statement this evening.


The attacker then got into an auto and left the area, police said.


Neighbors reported hearing shots about 2:20 p.m.


Desiree Sanders said she heard six gunshots and called 911 after a neighbor told her that some teens had been shot. Neighbors told her as many as 10 young people had been hanging out at the small park, and most scattered after the shooting, though a few stayed behind with the victims.


Those in the group were not cooperating with police, however, and investigators had no detailed descriptions yet of either the attacker or the vehicle in which he left. Central Area detectives were investigating, and they had no one in custody as of about 8:20 p.m.


Police crime data show no serious crimes happened in the 4400 or 4500 blocks of South Oakenwald Avenue Dec. 19 to Jan. 20.


“It’s a great neighborhood. Nothing like this has happened since I’ve been here,” on the block, said Roxanne Hubbard, who has lived in the neighborhood for 19 years.


As a matter of policy, Chicago Board of Education officials refuse to confirm whether any child is a student at Chicago Public Schools because a policy on student identification passed by the board several years ago has never been implemented.


Tribune reporter Liam Ford contributed.


jmdelgado@tribune.com





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