Wednesday, June 19, 2013

Accused Cleveland kidnapper to appear at pre-trial hearing

By Kim Palmer

CLEVELAND (Reuters) - A former Cleveland school-bus driver accused of holding three women captive in his home and torturing them for a decade is scheduled to appear in court for a pre-trial hearing on Wednesday.

Ariel Castro, 52, pleaded not guilty last week to more than 300 charges and was scheduled for an initial hearing before Cuyahoga County Common Pleas Judge Michael Russo. He is being held in a county jail on an $8 million bail.

Castro has been charged with rape and kidnapping in connection with the imprisonment of Amanda Berry, 27, Gina DeJesus, 23, and Michelle Knight, 32, who were rescued last month from Castro's house on Cleveland's west side along with Berry's 6-year-old daughter.

He is also charged with aggravated murder for impregnating Knight between November 2006 and February 2007 and forcing her to miscarry by assaulting her, according to the indictment.

Cleveland police responded to Berry's 911 call on May 6 and found DeJesus and Knight inside the house. Berry had disappeared the day before her 17th birthday in 2003 after leaving her job at a Burger King restaurant. DeJesus was 14 when she disappeared on her way home from school in 2004.

Authorities said that DNA testing proves Castro fathered Berry's 6-year-old daughter. County prosecutors have not yet brought kidnapping charges in her case.

The indictment against Castro includes 139 counts of rape and 177 counts of kidnapping, and covers the period from August 2002, when Knight disappeared, to 2007 when Berry's daughter was born. According to county prosecutors, more charges are expected as the criminal investigation continues.

Cuyahoga County prosecutor Timothy McGinty has said he would seek aggravated murder charges with a death penalty specification. A committee will consider seeking the death penalty after a complete indictment is issued, prosecutors said.

Ohio is one of 38 U.S. states that have fetal homicide laws, according to the National Conference of State Legislatures.

Castro's attorney, Craig Weintraub, has made it clear in a number of statements to the media that he is willing to discuss a plea agreement with prosecutors to avoid the death penalty.

(Editing by Nick Carey and Mohammad Zargham)

Source: http://news.yahoo.com/accused-cleveland-kidnapper-appear-pre-trial-hearing-100326741.html

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Sunday, February 3, 2013

Parcells, Sapp among Hall class

Ray Rice, Margaret Rosburg, Alison HarbaughAP

As the 49ers and Ravens had their final Super Bowl practices on Saturday at the Superdome, both Harbaugh brothers allowed players and coaches to bring their friends and families along, on the theory that the most important thing at this late point is to keep the players loose for the game.

?Get a stretch, get the blood moving a little bit,? 49ers coach Jim Harbaugh told pool reporter Matt Maiocco of the purpose of his team?s final practice. ?And get some new blood going. Then, afterward, enjoy it with your family. Get some pictures and make it possible for everybody to come down to the Super Bowl field.?

Ravens coach John Harbaugh said family is important to him and important to his team.

?It?s the kind of foundation of everything we do,? Harbaugh told pool reporter Brian Allee-Walsh. ?That has been the whole story line of the whole week. In a sense that?s how we did it growing up, when we were kids. We grew up around dad?s teams. Most of the time in the NFL it?s not that way. Most of the time there is the separation of families and it?s considered to be a distraction. I just think the opposite. For me, it?s a distraction when people are more worried about their families not being allowed to be a part of it. When the families are included, the kids get to the know the players, and I think guys have a better sense of well being. I think this is a good example of it right here.?

Both Harbaughs said their teams practiced well in New Orleans this week.

?The word I would use is effective,? John Harbaugh said. ?We have been very effective. We?ve gotten everything we?ve needed to get done, that?s the No. 1 thing.?

Jim Harbaugh said his team?s Super Bowl week practices reflected the same focus they?ve shown all year.

?I feel good,? Harbaugh said. ?The preparation has been outstanding, very focused. The players care about winning. They care about this team, and that?s complimentary to the players and the way their focus has been. And that?s not something that?s been just this week. That wasn?t just created this week. That?s been all season and the offseason. It speaks very highly of the players.?

Now the practices are over, and the game is just a day away.

Source: http://profootballtalk.nbcsports.com/2013/02/02/carter-breaks-wr-logjam-part-of-seven-man-hof-class/related/

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Monday, January 28, 2013

Best friends influence when teenagers have first drink

Jan. 28, 2013 ? Chances are the only thing you remember about your first swig of alcohol is how bad the stuff tasted. What you didn't know is the person who gave you that first drink and when you had it says a lot about your predisposition to imbibe later in life.

A national study by a University of Iowa-led team has found that adolescents who get their first drink from a friend are more likely to drink sooner in life, which past studies show makes them more prone to abusing alcohol when they get older. The finding is intended to help specialists predict when adolescents are likely to first consume alcohol, with the aim of heading off problem drinking at the pass.

"When you start drinking, even with kids who come from alcoholic families, they don't get their first drinks from their family," says Samuel Kuperman, a child and adolescent psychiatrist at the UI. "They get their first drinks from their friends. They have to be able to get it. If they have friends who have alcohol, then it's easier for them to have that first drink."

The basis for the study, published this month in the journal Pediatrics, is compelling: One-third of eighth graders in the United States report they've tried alcohol, according to a 2011 study of 20,000 teenagers conducted by the University of Michigan and funded by the National Institutes of Health. By 10th grade, more than half say they've had a first drink, and that percentage shoots to 70 percent by their senior year.

"There's something driving kids to drink," explains Kuperman, corresponding author on the paper. "Maybe it's the coolness factor or some mystique about it. So, we're trying to educate kids about the risks associated with drinking and give them alternatives."

Kuperman and his team built their formula from two longstanding measures of adolescent drinking behavior -- the Semi-Structured Assessment for the Genetics and Alcoholism and the Achenbach Youth Self Report. From those measures of nearly two-dozen variables and a review of the literature, the UI-led team found five to be the most important predictors: two separate measures of disruptive behavior, a family history of alcohol dependence, a measure of poor social skills, and whether most best friends drink alcohol.

The researchers then looked at how the five variables worked in concert. Surprisingly, a best friend who drank and had access to alcohol was the most important predictor. In fact, adolescents whose best friend used alcohol were twice as likely to have a first drink, the researchers found. Moreover, if considered independently of the other variables, teenagers whose best friends drank are three times as likely to begin drinking themselves, the study found, underscoring the sway that friends have in adolescents' drinking behavior.

"Family history doesn't necessarily drive the age of first drink," notes Kuperman, who has studied teen drinking for more than a decade. "It's access. At that age (14 or 15), access trumps all. As they get older, then family history plays a larger role."

The current study drew from a pool of 820 adolescents at six sites across the country. The participants were 14 to 17 years old, with a median age of 15.5, nearly identical to the typical age of an adolescent's first drink found in previous studies. More than eight in 10 respondents came from what the researchers deemed high-risk families, but more than half of the teenagers had no alcohol-dependent parents. Tellingly, among those adolescents who reported having had drunk alcohol, nearly four in ten said their best friends also drank.

The result underscores previous findings that teenagers who have their first drink before 15 years of age are more likely to abuse alcohol or become dependent. It also supports the screening questions selected in the National Institute on Alcohol Abuse and Alcoholism and the American Academy of Pediatrics initiative to identify and help youth at risk for alcohol use, the researchers write.

Kuperman, whose faculty appointment is in the Carver College of Medicine, says he hopes to use the study to delve into the genetics underpinning alcoholism, chiefly tracking adolescents who use alcohol and see whether they have genes that match up with their parents if they also are problem drinkers.

"We're trying to separate out those who experiment with alcohol to those who go on to problematic drinking," he says.

Contributing authors include John Kramer from the UI; Grace Chan and Victor Hesselbrock, University of Connecticut Health Center; Leah Wetherill, Indiana University School of Medicine; Kathleen Bucholz, Washington University School of Medicine in St. Louis; Danielle Dick, Virginia Commonwealth University; Bernice Porjesz and Madhavi Rangaswamy, State University of New York Downstate Medical Center, Brooklyn; and Marc Schuckit (principal investigator on the grant), University of California San Diego School of Medicine.

The National Institutes of Health (grant number: 5 U10 AA008401), the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse funded the study.

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Story Source:

The above story is reprinted from materials provided by University of Iowa. The original article was written by Richard C. Lewis.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. S. Kuperman, G. Chan, J. R. Kramer, L. Wetherill, K. K. Bucholz, D. Dick, V. Hesselbrock, B. Porjesz, M. Rangaswamy, M. Schuckit. A Model to Determine the Likely Age of an Adolescent's First Drink of Alcohol. PEDIATRICS, 2013; DOI: 10.1542/peds.2012-0880

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/BlqvBqU0MNw/130128133136.htm

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Can A Tenant File A Tax Appeal When Its Lease Doesn't Give It The ...

There are a number of issues commonly addressed in leases that are negotiated ?somewhat in ignorance,? and often ?with arrogance.? Strong words, we know, but we think a substantial number of readers will agree. Three such issue-areas are insurance, eminent domain, and property taxes.

Ruminations has said a lot about insurance issues (and promises more). We?ve touched on some aspects of eminent domain issues (and we promise more). We haven?t said much about property taxes. Today, we?ll say a little ? specifically about whether and how a tenant should be able to get a tax appeal prosecuted. This thought came to us when we read a New Jersey Tax Court decision touching on this topic: Target Corp. v. Township of Toms River. Click on that title to see the court?s opinion.

It appears the property in question was a ?power center? with six tenants, of which Target took up 38% of the leasable space. Another player was Lowe?s whose building took up another 42% of the leasable space. On the other side of these tenants was the landlord. The taxing authority didn?t care about the cat fight between the two tenants and their landlord.

Before this posting is finished, we?ll talk about how the ?lease? itself plays into the tax appeal process. First, we?re going to point out a few things that may come as a surprise to lease negotiation professionals ? in particular, what the law has to say about landlords and tenants, namely: (a) who has the right to file an appeal; and (b) who can control a tax appeal.

Our discussion is rooted in New Jersey law, but we have it on good authority that most, but not all, states see these issues in pretty much the same way as does New Jersey. That means you must know how a particular jurisdiction deals with tax appeal rights, but you might not be hearing about it for the first time once you?ve made it to the end of today?s posting.

We won?t hold anyone in suspense. It is the law, not the lease, which allows a tenant to file and prosecute a tax appeal. Mind you, not every tenant can appeal, but the dividing line is far from clear. At one end of the spectrum is a tenant who controls the entire tax lot and has the lease obligation to pay all of the property taxes. At the other end is an ?ice cream stand in a suburban mall.?

Are there criteria, you ask? Here?s what the New Jersey Supreme Court sets out:

(1) the provisions of the lease itself, its duration, the burden of the tax surcharge on the tenant, and the possibility that the issue can soon be resolved by renegotiation; (2) the tenant?s relationship to the property, whether it is the lead tenant in a shopping center or only one slightly affected by the assessment; (3) whether the tenant will adequately represent the interests of the landlord and other tenants, or whether the tenant has interests adverse to either group; (4) the tenant?s ability to mount and prosecute an effective appeal; (5) the landlord?s overall relationship with the taxing authority, and whether this is one of multiple properties as to which the landlord may wish to exercise the right of appeal.

We find it curious that the court reached this conclusion based on the its belief that allowing a tenant to prosecute a tax appeal ?reflects the reality of present commercial practice,? whereas in eminent domain cases, there aren?t a lot of jurisdictions that even give a tenant standing to argue anything before the condemnation court. But, that?s for another day.

Now, the tenant?s tax appeal, when allowed, has to be made in the name of its landlord. So, when a tenant files an appeal for the property where its leased premises are located, it needs to give its landlord ?notice.? In New Jersey, there is a court rule that says this. It would seem that the rule is to protect the property owner?s due process rights.

This takes us to our second question ? who has the right to control the tax appeal, tenant or landlord?

Again, there isn?t a single answer. It?s a balancing test again. Fortunately, case law saves us a lot of typing at this point because it lists the very same factors we typed above for figuring out if the tenant, in the first place, has standing to file the appeal.

What does this ?knowledge? teach those of us who craft leases? For one, a lease ought to speak about the right to file a property tax appeal. If the tenant will not be allowed to file one even though the law would permit a filing, the lease should say: ?Tenant may not file or participate in any real property tax appeals for any tax lot in the Shopping Center.? That would cover an appeal by the tenant alone or together with others. After all, that ?ice cream stand? could join together with a bunch of other tenants, collectively representing a substantial percentage of the leasable space at the property (or on one of several tax lots at the property). We haven?t seen a lot of leases that come right out and say this. Most are totally silent, and silence does not deprive the tenant of the right to mount its own appeal.

On the other hand, if a tenant has negotiated for the right to file an appeal, the lease should be clear that the tenant can file in its landlord?s name. It should also say that if the ?law? wouldn?t allow such an appeal, the tenant can act as attorney-in-fact for its landlord. Further, the lease for such a tenant should make it clear that the tenant, not its landlord, has the right to control the appeal.

How did Target make out in the case noted above? We think: ?pretty well,? but not because the court allowed it to prosecute the tax appeal. To us, its landlord, who the court ?favored? in this instance, seemed to have gotten a ?very nice? result. Whether the landlord would have lost control had Lowe?s and Target (a combined 80%) gotten together at the outset, is far less certain. Our guess ? the two combined might very well have wrested control from the landlord. We are much surer that had the leases covered these questions, both tenant and landlord would have saved a lot of litigation costs.

Oh, by the way, this is Ruminations? 100th blog posting.

Source: http://www.retailrealestatelaw.com/2013/01/can-a-tenant-file-a-tax-appeal-when-its-lease-doesnt-give-it-the-right-to-do-so/?utm_source=rss&utm_medium=rss&utm_campaign=can-a-tenant-file-a-tax-appeal-when-its-lease-doesnt-give-it-the-right-to-do-so

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CNN Wants to Treat Ann Curry Right

NBC is mistreating Ann Curry again, according to a new Page Six report. But buried at the bottom is a shining ray of hope also known as former NBC chief Jeff Zucker.?

RELATED: NBC Wants Ann Curry Out of 'Today' Before the Olympics

Curry has tried to get out of her multi-year contract with NBC so she can join her ol' friend Zuck at shiny, hard-newsy CNN. There were initial rumors (also from Page Six) when the Zuck was first hired that he wanted Curry to fill the 8 p.m. news spot currently occupied by the blue-eyed wunderkind Anderson Cooper. We liked that idea a lot. NBC publicly beheaded her when she didn't fit in well with Matt Lauer, something the network has repeatedly tried to take the blame for. It didn't matter, because Today's ratings dropped while everyone rallied around Ann Curry.?

RELATED: 'If You Lose Ann Curry, You Are Losing a Class Act'

A get like Curry would certainly help Zucker, who?recently took over the flailing news network. He's already made two big hires. Or, at least, two big names have come over since he started. Jake Tapper?joined the network?to bolster political coverage, jumping ship from ABC. Rachel Nichols?jumped from ESPN to the Turner Broadcasting family?to head up CNN's sports coverage.?

RELATED: An Iraq War Veteran Is Leading the Ann Curry Backlash

The fit makes enough sense. Curry's biggest complaint during her stint on The Today Show was that she wanted to do more hard news, more 'spinach' and less 'sugar,' as she put it. Her current role filing taped reports for Rock Center and NBC News isn't cutting it, according to Page Six. Curry is clashing with her bosses because she wants to do live interviews and they won't let her.?

RELATED: Here's Your New Today Show Lineup

So far the #FreeAnnCurry hashtag is suspiciously quiet Sunday morning.

Source: http://news.yahoo.com/cnn-wants-treat-ann-curry-145337607.html

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Sunday, January 27, 2013

Brooklyn Dolphin Removed From Gowanus Canal, Sent For Necropsy


By Jonathan Allen
NEW YORK, Jan 26 (Reuters) - The carcass of a dolphin that died after becoming mired in a notoriously toxic New York City canal has been removed and will be sent for a necropsy, a marine research group said on Saturday.
The animal, a common dolphin, was first spotted in Brooklyn's Gowanus Canal on Friday morning, where it was described as looking disoriented and unwell as it struggled to avoid getting bogged down in the canal's muddy floor.
Biologists from the Riverhead Foundation for Marine Research and Preservation, who monitored the dolphin with police and a crowd of onlookers, hoped the animal might be able to free itself and head back out to the harbor as waters rose. It died Friday evening before high tide.
"The option that gave the animal the best chance for a positive outcome was waiting," Robert DiGiovanni, Riverhead's executive director and senior biologist, said on Saturday. "If an animal wasn't going to be able to survive through the next tide cycle then it was an animal that was compromised and wouldn't make it."
Approaching the dolphin by boat would have been difficult in the shallow, polluted canal and may have achieved little besides adding to the animal's distress, he said.
A necropsy will be performed on the adult dolphin, estimated to weigh about 200 pounds, on Sunday at Riverhead's laboratory on Long Island, he said. The findings and tissue samples will be shared with the National Oceanic and Atmospheric Administration.
Common dolphins are social animals that travel in groups known as pods. To see a solitary common dolphin, especially so far inland, is unusual, and is a sign that the animal is sick or dying, biologists and other marine officials said.
The dolphin's unusual trek into Brooklyn - DiGiovanni could not recall a dolphin coming so far into New York City in at least two decades - brought wide attention to one of the city's dirtier and most malodorous corners.
The Environmental Protection Agency declared the Gowanus Canal a Superfund site in 2010, calling it one of the country's "most extensively contaminated water bodies." Mayor Michael Bloomberg had opposed the designation, arguing the city's own plan would have cleaned the canal in less time.
The canal is laced with heavy metals, coal tar wastes and other pollutants from the factories and tanneries that have lined its banks, the EPA says.
The EPA is still working on its plan, which is currently open to public comment, to spend an estimated $300 million to $400 million of federal money to clean up the canal. (Editing by Paul Thomasch and Doina Chiacu)

Earlier on HuffPost:

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Source: http://www.huffingtonpost.com/2013/01/26/brooklyn-dolphin-gowanus-canal_n_2559185.html

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Trove of ancient skulls found in Mexico

Archaeologists have unearthed a trove of skulls in Mexico that may have once belonged to human sacrifice victims. The skulls, which date between A.D. 600 and 850, may also shatter existing notions about the ancient culture of the area.

The find, described in the January issue of the journal Latin American Antiquity, was located in an otherwise empty field that once held a vast lake, but was miles from the nearest major city of the day, said study co-author Christopher Morehart, an archaeologist at Georgia State University.

"It's absolutely remarkable to think about this little nothing on the landscape having potentially evidence of the largest mass human sacrifice in ancient Meso-America," Morehart said.

Middle of nowhere

Morehart and his colleagues were using satellite imagery to map ancient canals, irrigation channels and lakes that used to surround the kingdom of Teotihuacan (home to the Pyramid of the Sun), about 30 miles (50 kilometers) from Mexico City. The vast ancient kingdom flourished from around A.D 200 to 650, though who built it remains a mystery. [In Photos: Amazing Ruins of the Ancient World]

In a now drained lake called Lake Xaltocan, around which was essentially rural farmland at the time, Morehart stumbled upon a site with evidence of looting.

When the team investigated, they discovered lines of human skulls with just one or two vertebra attached. To date, more than 150 skulls have been discovered there. The site also contained a shrine with incense burners, water-deity figurines and agricultural pottery, such as corncob depictions, suggesting a ritual purpose tied to local farming. [See images from the grisly excavation ]

Carbon dating suggested that the skulls were at least 1,100 years old, and the few dozen analyzed so far are mostly from men, Morehart told LiveScience. The researchers did not release photos of the skulls because the sacrifice victims may have historic ties to modern-day indigenous cultures.

The findings shake up existing notions of the culture of the day, because the site is not associated with Teotihuacan or other regional powers, said Destiny Crider, an archaeologist at Luther College in Iowa, who was not involved in the study.

Human sacrifice was practiced throughout the region, both at Teotihuacan and in the later Aztec Empire, but most of those rituals happened at great pyramids within cities and were tied to state powers.

By contrast, "this one is a big event in a little place," Crider said.

The shrines and the fact that sacrifice victims were mostly male suggest they were carefully chosen, not simply the result of indiscriminate slaughter of a whole village, Crider told LiveScience.

Many researchers believe that massive drought caused the fall of Teotihuacan and ushered in a period of warfare and political infighting as smaller regional powers sprang up, Morehart said.

Those tumultuous times could have spurred innovative ? and bloody ? practices, Crider said.

"Maybe they needed to intensify their activities because everything was changing," she said. "When things are uncertain you try new strategies."

Follow LiveScience on Twitter @livescience. We're also on Facebook?& Google+.?

Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://news.yahoo.com/mass-human-sacrifice-pile-ancient-skulls-found-152724186.html

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