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)

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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 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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BlackBerry 10 said to be inadequate for helping RIM overcome its ‘demons’

After hitting a seven-year low of $ 6.22 this past summer, shares of Research in Motion (RIMM) have rebounded and climbed more than 100% in the past six months. The company that was previously written off by Wall Street investors has seen a significant boost in recent months as anticipation grows for its BlackBerry 10 operating system. But while a number of analysts have voiced their support for RIM, not everyone is convinced.

[More from BGR: Apple’s 128GB iPad shows the world exactly what Apple does best]

Jan Dawson of Ovum explained, per Benzinga, that RIM continues to “face the twin demons of consumer-driven buying power and a chronic inability to appeal to mature market consumers,” and he believes BlackBerry 10 won’t change this. The analyst said that due to a strong user base of 79 million subscribers and profitability still in the black, the company will remain for years to come. He was quick to note, however, that its glory days are in the past and “it is only a matter of time before it reaches a natural end.”

[More from BGR: Apple unveils new 128GB iPad]

Dawson previously wrote that RIM’s strategy seems to be focused on building the best devices for current BlackBerry users “rather than something that will necessarily win converts from other platforms.”

“The points of differentiation RIM has focused on in teasers for the new platform confirm this – better multitasking, productivity, email, contacts and calendar applications and so on, rather than a better gaming, content consumption or social networking experience,” he said.

Shares of RIM are down more than 6% on Monday, a day before the company is set to unveil its BlackBerry 10 operating system.

This article was originally published on BGR.com

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Justin Timberlake’s new album ’20/20′ is due out in March

(Reuters) – Singer-turned-actor Justin Timberlake has set a March date for his comeback album – his first in more than six years.

RCA Records said on Tuesday “The 20/20 Experience,” the former N’Sync boy band member’s follow-up to 2006′s “FutureSex/LoveSounds” and only his third album ever, would be released on March 19.

In recent years, Timberlake, 31, has focused more on films and business ventures ranging from restaurants to a clothing line, and reviving social networking site Myspace, of which he is part owner. He remarked in a recent video that creating music involved “physical torture” for him.

“Suit & Tie,” the first single off his forthcoming album, fell short of sales expectations for its first week. The song, featuring rapper Jay-Z, sold 314,000 downloads last week. Industry experts had expected about 350,000 downloads.

Top menswear designer Tom Ford collaborated with Timberlake, designing suits worn in the “Suit & Tie” video as well as styling the production and the release’s artwork.

Timberlake will perform his first concert in five years during a private Super Bowl-weekend event in New Orleans on February 2 at an invitation-only concert.

Timberlake posted on Twitter about the forthcoming game, saying among other things: “This is gonna be a GREAT Super Bowl!” and “Oh wait … I don’t have tickets. Dammit! Anybody know anybody?? LOL!”

(Reporting by Chris Michaud; Editing by Jill Serjeant and Philip Barbara)

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Report Links Rodriguez and Others to Clinic and P.E.D.’s

Investigators for Major League Baseball created an improvised war room in the commissioner’s Park Avenue offices in Manhattan in recent months, mapping out potential evidence that would tie an anti-aging clinic in Coral Gables, Fla., to the possible use of performance-enhancing drugs by some of baseball’s more prominent players. 

But because the investigators cannot compel witnesses to talk, they could do nothing more than scrutinize the clinic. As a result, they found themselves mere spectators Tuesday as a weekly Miami newspaper reported that it had obtained medical records from the clinic that tied a half-dozen players — Alex Rodriguez, Melky Cabrera, Gio Gonzalez, Bartolo Colon, Nelson Cruz and Yasmani Grandal — to the use of banned substances like human growth hormone.

The newspaper, Miami New Times, said it had received the records from a former employee of the clinic, which is now closed, and that they included handwritten notations listing various drugs that were reportedly distributed to various players. At least some of those documents were displayed online by the newspaper. However, the documents have not been independently authenticated, and Rodriguez, the Yankees slugger, and Gonzalez, a standout pitcher for the Washington Nationals, both issued statements denying they had been patients at the clinic.

Anthony Bosch, the operator of the clinic, known as Biogenesis of America, also issued a statement of denial through his lawyer, saying the Miami New Times article was “filled with inaccuracies, innuendos and misstatements in fact.”

“Mr. Bosch vehemently denies the assertions that MLB players such as Alex Rodriguez and Gio Gonzalez were treated or associated with him,” the statement added.

Nevertheless, despite the denials, Major League Baseball, long suspicious of the clinic’s actions, will continue to proceed in the belief that the assertions in the article have merit. Major League Baseball has been particularly curious about Rodriguez, who admitted in 2009 that he used performance enhancers from 2001 to 2003, but who has denied in several meetings with baseball’s investigators that he has done so since.

But what exactly baseball can do about Rodriguez, or any of the other players named, is unclear.

Because the potential evidence does not involve failed drug tests, baseball is back where it has been in the past, seeking perhaps to punish players without having the necessary evidence to do so. In the case of the Biogenesis clinic, baseball’s investigators did travel to Florida to meet with members of the Drug Enforcement Administration, who were taking a close look at the facility.

But whether federal authorities would share with baseball any evidence they develop on the clinic is unclear. In other instances over the last decade, that has not happened.

“If the feds are not going to prosecute this case, it would be much better for us for them to give us some usable evidence like the documents so we can do our job and suspend the players,” a baseball official said. “We could be in discipline hell if that doesn’t happen.”

That official knows that baseball has had little success in suspending players for violating the drug testing program when the players have not actually tested positive. Of the roughly 40 players who have been suspended for violating the testing program since 2005, only a handful have been suspended based on evidence developed by baseball’s investigators or from medical records or court documents.

The most high-profile instance of a suspension without a drug test occurred in 2005 when relief pitcher Jason Grimsley was barred for 50 games after federal authorities unsealed court documents that showed that Grimsley admitted to a federal agent that he had used human growth hormone.

As for the Florida clinic, it has been on the radar of both baseball and the federal government since at least 2009, when investigators uncovered evidence that the slugger Manny Ramirez had received a banned drug from the facility. Ramirez was ultimately suspended 50 games for that infraction.

Last summer, baseball’s investigators began to take another look at the clinic after Cabrera, then leading the National League in hitting as the San Francisco Giants’ starting left fielder, tested positive for elevated testosterone. In the course of that positive test, two people in baseball said, baseball’s investigators uncovered evidence that an employee for Cabrera’s agents, Sam and Seth Levinson, had hatched a cover-up scheme to deceive a baseball arbitrator and have the suspension for the positive drug test thrown out.

Angered, baseball officials began investigating the employee, Juan Nunez, and the Levinsons.

Steve Eder and Alain Delaquérière contributed reporting from New York, and Lizette Alvarez from Miami.

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Chicago home price recovery lags

The Chicago area's housing recovery continued to lag that of other cities and the nation, as prices in November fell 1.3 percent from a month earlier, according to a widely watched barometer of the housing market.

On an annual basis, home prices in the Chicago area rose only 0.8 percent in November, the smallest positive gain recorded among the 20 cities included in the S&P/Case-Shiller home price index, released Tuesday.

Nationally, home prices rose 5.5 percent annually for the 20-city composite. Much of that  can be traced to market improvements in once hard-hit places such as Phoenix, where home prices have risen 22.8 percent in 12 months. Other cities recording strong yearly increases included Detroit, up 11.9 percent; Las Vegas, up 10 percent; San Francisco, up 12.7 percent; and Minneapolis, up 11.1 percent.

"Housing is clearly recovering," said David Blitzer, chairman of S&P Dow Jones Indices' index committee. "Prices are rising as are both new and existing home sales."

Most cities saw prices decline in November from their October levels, which Blitzer tied to the market's typical winter weakness.

Nevertheless, Chicago turned in the worst monthly performance among the 20 cities. It was the third consecutive monthly decline for local home prices, which showed signs of strength earlier in 2012. Local prices are on par with their June 2001 levels.

Condominium values in the Chicago market also fell for the second consecutive month. In November, they were down 0.9 percent from October but rose 2.7 percent from November 2011.

Strong foreclosure activity, and the resulting sales of those properties at steep discounts, has held down local home prices and the market's recovery. In 2012, Illinois had the fifth highest state foreclosure rate in the nation, topped only by Florida, Nevada, Arizona and Georgia, RealtyTrac reported last week.

Also hindering the local market's recovery is the foreclosure process in Illinois, a judicial state where all foreclosures are processed by the court system. RealtyTrac said it took an average of 697 days to complete a foreclosure in Illinois last year, meaning those properties may not be listed for resale for two years. During that time, their condition can deteriorate, bringing down the value of that home as well as others in the neighborhood.

Another report issued Tuesday showed some improvement in foreclosure activity in the Chicago area, although mortgage delinquencies and foreclosures here continue to outpace those at the national level.

Housing data provider CoreLogic said that 5.57 percent of mortgages in the Chicago area were in some stage of foreclosure in November, compared with 5.7 percent in October and 6.37 percent in November 2011.

Also, 10.10 percent of mortgages in the Chicago area were considered seriously delinquent, meaning they were at least 90 days past due in November. That compares with 10.19 percent in October and 10.72 percent in November 2011.

The national foreclosure and mortgage delinquency rates were 2.97 percent and 6.45 percent, respectively, in November.

mepodmolik@tribune.com | Twitter @mepodmolik

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Record temps, heavy rain, possible flooding Tuesday

Yet another winter weather record could be set in Chicago on Tuesday.

A short-lived warm-up, accompanied by heavy rains, severe thunder and maybe hail, could push temperatures into the mid-60s. The record high for the date, Jan. 29, is 59 degrees, set in 1914.

The unseasonable warmth won't last long, with a high of only 20 forecast for Thursday, according to the National Weather Service.

"We tend to get some wild extremes in January," said Jim Allsopp, a meteorologist for the weather service. "It all depends on which way the wind blows."

In this case, there is nothing to block warm, moist air from the Gulf of Mexico from blowing into the Chicago area. That air will be coming in gusts that could hit 25 mph Tuesday afternoon, accompanied by heavy thunderstorms. The rain is forecast to be severe enough that the weather service already has issued a flood watch.

The warm conditions are a stark change from the beginning of the week. Sunday's skies spit out freezing rain, sleet and ice pellets, sending salt trucks out in force across the Chicago region.

At least five records have been broken since winter arrived in Chicago, according to the National Weather Service. The new records include the number of consecutive days without an inch of snowfall (335) and the longest string of days without a temperature below 32 degrees (310).

While the Chicago area hasn't recorded that much snow this season, 1.77 inches of rain has been reported in January, slightly beating the long-term average for the month of 1.73 inches, said Jim Angel, state climatologist.

With about a third of the state in some form of drought, the increased rainfall is welcome. But some areas might not be able to benefit from the precipitation because the ground there is frozen, Angel said.

Temperatures this month at O'Hare International Airport, the city's official recording station, have ranged from 53 degrees on Jan. 12 to minus 1 on Jan. 22, according to the weather service.

Such extremes aren't unusual in the winter because the Midwest gets caught between cold, arctic air blowing from the north and strong, warm gusts from the south. But the potential record warmth forecast for Tuesday will be helped along greatly by the lack of snow on the ground.

"If we had 2 feet of snow in the ground and we were in a pretty strong winter pattern, we'd probably never see this kind of thing happen," Angel said. "This year it's mild; there's plenty of opportunity for (warm weather) to make its way up north more."

jmdelgado@tribune.com

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