I live in L.A., a land of 20-lane interchanges, parking lots the size of football stadiums, and mind-bending, soul-crushing, life-altering traffic. Every day, I meet people who don't even know we have a public transit system and see places in my neighborhood without any sidewalks. This is because, a half-century ago, my city decided to redesign itself for cars, not humans.
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Media mogul Rupert Murdoch's vast empire encompasses everything from newspapers to television networks to tabloids.
Media mogul Rupert Murdoch's vast empire encompasses everything from newspapers to television networks to tabloids.
People used to say the sun never sets on the British empire. These days, says NPR media correspondent David Folkenflik, it would be more accurate to say the sun never sets on Rupert Murdoch's empire.
In a new book, Murdoch's World, Folkenflik writes about the Australian newspaper owner whose company now stretches to India, Great Britain and the United States. He describes a powerful media insider who wants to be seen as an outsider.
"He very much cultivated this notion that the people who worked for him were swashbuckling buccaneers fighting against these elites at the BBC and The New York Times and places like that," Folkenflik tells Morning Edition's Steve Inskeep.
Folkenflik explains how newspapers and TV channels run by Murdoch's News Corp. have taken a strong conservative line, even though Murdoch himself is considered less conservative.
On News Corp.'s treatment of climate change
His publications and outlets — you know, particularly if you think, in this country, of Fox News — have conveyed some of the most skeptical coverage of the idea that global warming is occurring and that humanity has contributed significantly to that and that there really is some obligation to address that.
All the same, in 2007, convinced by presentations involving Al Gore ... and [British] Prime Minister Tony Blair, Murdoch himself became convinced that it was important for News Corp. to take a stand on this. And indeed the News Corp. company took a stand and said, "We are going to become carbon neutral within five years."
On how to reconcile the differences between Murdoch's own views and those of his publications
I think it's a confluence of political conviction and canny business sense. I think that Fox News has found it to its advantage to play up doubts that it plays to a certain very loyal, large part of its core audience. I would say the same for the Wall Street Journal's editorial page, although I would point out that I think it was doing that independently of the Murdochs, well before the purchase in 2007, and has maintained a consistent conservative tone that is to the right of Mr. Murdoch.
He would argue that he actually offers his publications great autonomy, and it's true. He doesn't send out a daily email to all of his outlets saying, "This is the uniform line you should take." But he certainly has antipathy to government involvement in regulating commerce and in taxation. And you see that play out. You see that breadth in so many of his publications and outlets.
On the News Corp. hacking scandal
The hacking scandal involved revelations that journalists for his newspapers in Britain had been involved in hacking into the phone mail messages of hundreds, even thousands, of people — some of them celebrities, some of them just private citizens. And concomitantly, there was the revelation that there had been widespread bribing of public officials to gain information that should have been kept private by law in a way that seemed like a second, and in some ways greater, betrayal, if you look at it from the legal standpoint of the promise to uphold the public good that journalists profess so often.
On how The Wall Street Journal covered the scandal
People at the Journal were so cognizant of the fact that this was the first true test. You know, [Murdoch] had bought the paper in 2007. ... And journalists were actually aggressively pursuing a story in which they felt they could show that, actually, knowledge of the kinds of hacking that was going on was known within the newspaper — not by a single reporter, as has been claimed for so many years, but as far back as 2002 by senior figures at the paper.
Before joining NPR in 2004, David Folkenflik spent more than a decade at the Baltimore Sun, where he covered higher education, Congress and the media.
They were onto a story they thought would show this, and Robert Thomson — then the managing editor, or the top news executive, for The Wall Street Journal, now the CEO for the new News Corp. — Robert Thomson personally intervened again and again to try to forestall publication of that story. The reporters who I talked to — and I talked to reporters and editors on both sides of the Atlantic about this — said that his objections were so insistent, that he was trying to set the bar so high, that that story would never see the light of day. But to the credit of the Journal, its journalists insisted on that story being published.
So News Corp. can say, "Hey, look, the story was published — what's the issue?" What's the issue, to my mind and to the journalists that I spoke to, was that the integrity of the Journal was put in doubt, and it was very clear that Robert Thomson would have been happier to protect Rupert Murdoch.
... I went to Robert Thomson and the Journal, I believe, five times and said to them, "I think we need to talk about Robert Thomson and particularly his leadership at the top of the hacking scandal." And they just said that they would not participate in this book whatsoever.
On the experience of reporting the company's story
On the one hand, it was a fascinating journey. This was an opportunity to see the company and the creation of Rupert Murdoch in its entirety. I really was able to get a feel for how these ... corporate cousins in Australia, the U.S. and the U.K. operated and how they evolved similar characteristics from originally the same DNA.
That said, you know, News Corp. — there were people throughout all these properties who helped me in many ways, who patiently answered questions, sometimes convenient ones, sometimes inconvenient questions, but offered their insights throughout. Nonetheless, News Corp. did its best to ensure that people would not cooperate or collaborate with the book, and some of its various entities — I think, particularly, of Fox News — have at times really thrown roadblocks. Fox didn't do that in this case, but they've done that for a lot of stories throughout the way. It is a company that feels very comfortable with a muscular and robust response for those who raise questions they'd rather not be ventilated.
On the polarizing figure of Rupert Murdoch
There are ways in which I very much admire Rupert Murdoch. I admire the fact that he wants to imagine bigger things, he wants to figure out ways to reach people. You can look at a guy like Rupert Murdoch and look at what The Sun does — with the Page 3 topless girls and with phone hacking and bribery in Britain — and you can also look at the fact that he's essentially subsidized The Times of London and the Times' literary supplement and other fairly thoughtful publications that have lost money.
At the same time, there's a cruelty to his journalism. There's a desire to be punitive at times to people who are critics or people who are political opponents. When I talked to reporters who work for Murdoch, they almost uniformly said it was an exciting, exhilarating, giddy time; and at the same time, many of them recoil as they look back at what they did and what those papers did on behalf of Rupert Murdoch.
WASHINGTON (AP) — President Barack Obama on Monday said there was "no excuse" for the cascade of computer problems that have marred the rollout of a key element in his health care law, but declared he was confident the administration would be able to fix the issues.
"There's no sugarcoating it," Obama said. "Nobody is more frustrated than I am."
The president said his administration was doing "everything we can possibly do" to get the federally run websites where people are supposed to apply for insurance up and running. That includes bringing in additional technology experts from inside and outside the government to work on the issues.
People have until March 31 to sign up for coverage. The non-partisan Congressional Budget Office had projected that about 7 million people would gain coverage through the exchanges during the first year.
The president on Monday guaranteed that everyone who wants to get insurance through the new health care exchanges will be able to, even if they have to enroll over the phone or fill out a paper application.
Obama's event in the White House Rose Garden had the feeling of a health care pep rally, with guests in the Rose Garden applauding as Obama ticked through what the White House sees as benefits of the law. The president was introduced by a woman who had successfully managed to sign up for health insurance through the marketplaces in her home state of Delaware.
The rollout failures have been deeply embarrassing for the White House. The issues have called into question whether the administration is capable of implementing the complex policy and why senior White House officials — including the president — appear to have been unaware of the scope of the problems when the exchange sites opened on Oct. 1.
Obama, in his most extensive remarks about the health care problems, insisted Monday that the health care law is about more than just a website.
"The essence of the law, the health insurance that's available to people, is working just fine," he said during his 25-minute remarks.
The White House says more than 19 million people have visited HealthCare.gov since the site went live on Oct. 1. Officials also say a half million people have applied for insurance on the federal- and state-run websites.
Administration officials initially blamed a high volume of interest for the frozen computer screens that many people encountered when they first logged on to the website. Since then, they have also acknowledged issues with software and some elements of the system's design.
However, the White House has yet to fully detail exactly what went wrong with the online system consumers were supposed to use to sign up for coverage. And Obama on Monday did not explain how the problems in detail or why they were not fixed before sign-ups opened to the public.
Officials say that at this point they are not considering extending the enrollment window beyond March 31. They also say they are not considering taking the website down for an extended period of time to address the problem but instead will do that maintenance during low-traffic overnight hours.
The president did acknowledge that the failures would provide new fodder for opponents of the law, often referred to as "Obamacare." With the website not working as intended, "that makes a lot of supporters nervous," he said.
But he said, "it's time for folks to stop rooting for its failure."
In an ironic twist, the problems with the health care rollout were overshadowed at first by Republican efforts to delay or defund the law in exchange for reopening the government during the 16-day shutdown. The bill that eventually reopened the government included no substantive changes to the health care law.
With the shutdown over, GOP lawmakers have been ramping up their criticism of the health care law's troubles.
"An overhauled website isn't going to fix the underlying fact that Obamacare is not a workable law," Sen. Mike Johanns, R-Neb., said. "I urge the president and my colleagues across the aisle to recognize the harm being done and set aside their pride to stop the most damaging provisions of the law, or better yet, to repeal and replace it."
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Associated Press writer Laurie Kellman contributed to this report.
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Follow Julie Pace at http://twitter.com/jpaceDC
By Alastair Sharp
TORONTO (Reuters) - Canada's main stock index opened higher on Monday, with Maple Leaf Foods
The resource stocks, which play a major role in the index, have been boosted by signs of Chinese economic growth and the reopening of the U.S. government after a partial shutdown.
Gold miners have been particularly buoyed by expectations that the U.S. Federal Reserve will have to maintain its accommodative monetary stimulus for longer due to the shutdown.
Goldcorp Inc
That sector has struggled recently - both those stocks are down more than 25 percent this year - leading to underperformance for the TSX versus U.S. and other indices.
"Canada has been a big laggard over the last year," said Gavin Graham, chief strategy officer at Integris Pension Management Corp. "Some indications that the gold stocks will claw back some of their underperformance will help."
The Toronto Stock Exchange's S&P/TSX composite index <.gsptse> was up 51.66 points, or 0.39 percent, at 13,187.75 by mid-morning.
The price of gold steadied in early trade after a sharp rally last week.
The country's biggest lender, Royal Bank of Canada
Food processor Maple Leaf Foods jumped to C$14.71 as it looks to sell its controlling stake in Canada Bread Co
Canadian National Railway Co
The railway said on Monday that a "controlled burn" of propane in derailed tank cars at Gainford, Alberta, began last night and continues this morning.
Thirteen cars on a 134-car mixed freight CN train carrying liquefied petroleum gas and crude oil derailed on October 19. One car of LPG exploded and three caught fire but none of the cars carrying crude oil had leaked or caught fire, CN said.
(Editing by James Dalgleish)
"The Avengers" is among the Disney titles Netflix will have exclusively for the Dutch pay-TV market.
COLOGNE, Germany – Netflix has signed a deal with Walt Disney Studios that gives the online VOD service exclusive subscription video-on-demand rights in the Netherlands for all animated and live action films Disney releases in the territory.
The multi-year deal, which kicks off in early 2014, includes both new and library product and features titles from all of Disney's studios.
PHOTOS: From 'Arrested Development' to 'House of Cards,' Exclusive Portraits of Netflix's Stars
Highlights include Marvel's The Avengers, Pixar's Monsters University and Disney's The Lone Ranger, as well as back catalogue titles including The Pirates of the Caribbean: Curse of the Black Pearl, Wall-E and Ratatouille. ABC television productions, including episodes of Lost, are also part of the Dutch deal.
The deal is a boost to Netflix's nascent Dutch operations, which launched last month.
If successful, the agreement could signal a major shift in Europe, where the rollout of VOD services, such as Netflix, has lagged behind that of the United States.
Courtesy of Spike TV/Shine America
Graham Elliot
Chef Graham Elliot has a full plate.
He's not only judging Fox's MasterChef Junior but also gearing up for the debut of his new Spike TV special, Covert Kitchens, and the return of MasterChef.
PHOTOS: Hollywood Power Players Choose Their Favorite Chefs
In Covert Kitchens, he gives chefs 36 hours and $3.600 to come up with a pop-up restaurant from scratch -- in such unconventional locations as an auto body shop. Elliot serves as a mentor to the aspiring chefs, guiding them through their menu and concept and taste-testing everything along the way, while chefs Nancy Silverton, Michael Voltaggio and John Shook serve as judges.
Elliot recently gave The Hollywood Reporter a preview of what's to come on all of his shows.
What can you tell us about Covert Kitchens?
The idea is giving an up-and-coming chef an opportunity to show what they can do by kind of going off the grid and, with 3,600 bucks and 36 hours, transform a space into a fully functioning restaurant. In the end, they have to cook a multicourse menu for 50 or so people -- bloggers and who's who in the city and chefs who can help their career. It's an exciting and fun show; I don't think anything is on TV like it now. What happens is one of the chefs or two of chef or three will be able to offer the team a job and with that help them on their culinary journey.
What kind of locations will these chefs be dealing with?
The first one is in an auto body shop in East L.A. You'll be seeing someone cook on the hood of a Camaro and using blow torches. We also could do a tattoo parlor or an abandoned railroad car.
How popular are these pop-up restaurants?
[Many] chefs are not able to invest a million dollars into a bricks-and-mortar restaurant. This is how they can show everything they can do, and do it on the fly and cheap. These pop-up places exist for one night only. The word gets out via social media and people show up on the spot. From food trucks to pop-up restaurants to covert-style kitchens, this is a rebellious way to cook. As people are [getting into] cooking younger and younger, it's very similar to music -- you're going to see a lot of people going this route.
Have you done one of these yourself?
We've done certain things where we put up a restaurant for two or three days. You're dealing with all kinds of things, like maybe the water doesn't work or you think it will be this many [patrons] and it's double that amount. It's exciting but it makes you pull your hair out. You really do only have that much money to design [the space] and pay for the staff and get food and ingredients.
STORY: CBS Dramas, 'MasterChef Junior' and 'Shark Tank' Top Friday
What happens if a chef can't meet the 36-hour deadline?
I haven't run into that issue, but I'd still find a way to encourage them to stick with cooking and find a way to get better next time.
What's your role on the show?
I’m not telling them what to do, but what I'd do in a situation. "Don't be too ambitious; [create] soup instead." I'm giving guidance, so I'm focused probably a little more -- not stern, but focused on pushing them to get it done. I still get to be myself, but it's a lot more pressure, so I'm pushing them to make things happen.
How does this role differ than what you do on MasterChef?
I think in MasterChef, there's more time to critique and go over how to make things better. In this show, the clock is constantly ticking.
How has it been working with the kids on MasterChef Junior?
The kids are awesome. They are super inspiring. Kids are open-minded and innocent and haven't been conditioned to cook a certain way, if their mom or grandmother did things a certain way. They try new things and are excited instead of being scared or intimidated.
How did you changing your judging style to work with the kids?
Between [fellow judges] Joe [Bastianich], Gordon [Ramsay] and I, we have 10 kids of our own. We went into this looking to be coaches and mentors and push the kids along no matter what. [To encourage them to] stick with cooking as a creative outlet. No yelling but a lot of laughing and show how food is a universal language.
What can you reveal about what's ahead the rest of the season?
The most important thing is the restaurant takeover. You'll see these kids cooking for a dining room full of patrons. In the end, they get to see who's cooking, and people are tearing up and just can't believe that it's kids doing good food. It's really emotional.
Why do you think cooking shows are so popular?
Because it's something that everybody does. Lots of people are cooking. [There's also] this kind of hipsterization of food, where people put photos on Twitter and Instagram. They show the different things they are making. It's very in vogue right now.
Do you think there is a limit to how many cooking shows can be on TV at any one time?
Yeah, but in the end, the viewers are the ones that dictate it. Crappy food shows get booted, and the ones they like grow and continue. I'm glad to be part of one that resonates with viewers.
Covert Kitchens airs at 11 p.m. ET on Sunday on Spike TV, while MasterChef Junior airs at 8 p.m. Fridays on Fox. Meanwhile, casting for MasterChef is under way, hitting Chicago on Saturday. All three series are produced by Shine America.
Tennessee kicker Michael Palardy (1) and wide receiver Tyler Drummer (3) celebrate their 23-21 victory over South Carolina after Palardy kick the game-winning field goal as time expired in an NCAA college football game against South Carolina on Saturday, Oct. 19, 2013, in Knoxville, Tenn. Tennessse won 23-21. aSouth Carolina cornerback Victor Hampton (27) walks off the field. (AP Photo/Wade Payne)
Tennessee kicker Michael Palardy (1) and wide receiver Tyler Drummer (3) celebrate their 23-21 victory over South Carolina after Palardy kick the game-winning field goal as time expired in an NCAA college football game against South Carolina on Saturday, Oct. 19, 2013, in Knoxville, Tenn. Tennessse won 23-21. aSouth Carolina cornerback Victor Hampton (27) walks off the field. (AP Photo/Wade Payne)
Tennessee linebacker Raiques Crump (40), defensive back Michael F. Williams, center, and linebacker John Propst (47) celebrate with fans after their 23-21 victory over South Carolina in an NCAA college football game on Saturday, Oct. 19, 2013 in Knoxville, Tenn. (AP Photo/Wade Payne)
Tennessee kicker Michael Palardy (1) kicks a field goal as time expires in the fourth quarter to give his team a 23-21 victory over South Carolina in an NCAA college football game on Saturday, Oct. 19, 2013 in Knoxville, Tenn. Tennessee wide receiver Tyler Drummer (3) is holding. (AP Photo/Wade Payne)
Tennessee wide receiver Marquez North (8) makes a one-handed catch as he's defended by South Carolina cornerback Ahmad Christian (4) in the fourth quarter of an NCAA college football game on Saturday, Oct. 19, 2013 in Knoxville, Tenn. The catch set up the game-winning field goal and Tennessee won 23-21. (AP Photo/Wade Payne)
South Carolina quarterback Connor Shaw (14) throws to a receiver as he's pressured by Tennessee defensive lineman Jacques Smith (55) in the second quarter of an NCAA college football game on Saturday, Oct. 19, 2013, in Knoxville, Tenn. (AP Photo/Wade Payne)
KNOXVILLE, Tenn. (AP) — Michael Palardy lived up to his word.
Palardy made a 19-yard field goal as time expired Saturday for a 23-21 victory over No. 11 South Carolina that ended the Volunteers' 19-game losing streak against ranked opponents. Palardy had predicted such a scenario a day earlier in a conversation with Tennessee coach Butch Jones.
"I said, 'You've got the game-winner tomorrow, right?'" Jones said. "And he said, 'I got you, Coach.'"
The loss may have proved doubly painful for South Carolina, which had a four-game winning streak snapped. Quarterback Connor Shaw left the game after being sacked by Marlon Walls and Daniel McCullers with less than five minutes remaining. South Carolina coach Steve Spurrier said afterward that Shaw had a sprained knee.
"I think he sort of got tackled on it," Spurrier said. "It collapsed under him, he said."
Tennessee (4-3, 1-2 SEC) got into field-goal range on a spectacular 39-yard catch by freshman Marquez North, who snared the ball with his left hand at the South Carolina 26 while being closely covered by cornerback Ahmad Christian down the left sideline. Four consecutive runs by Marlin Lane got the Vols to the South Carolina 2 and set up the field goal.
Palardy celebrated his game-winning kick by racing to join his teammates on the sideline closest to the Tennessee locker room, where they gathered to celebrate at about the 15-yard line. They later ran to the other side of the field to celebrate with Tennessee's band and students.
Tennessee coach Butch Jones chest-bumped athletic director Dave Hart on his way off the field.
"It meant everything, to be honest with you," Palardy said. "It's been a long time coming."
Mike Davis rushed for 137 yards and a touchdown for South Carolina (5-2, 3-2), which erased a 17-7 halftime deficit before falling. Shaw had a touchdown run and a touchdown pass, though he also was 7 of 21 and threw his first interception of the season, ending a string of 177 consecutive passes without getting picked off.
"They came out, played fast, did the things we expect them to do," Davis said. "We just didn't execute."
Tennessee hadn't beaten a ranked foe since a 31-13 victory over No. 21 South Carolina on Oct. 31, 2009. But on a day when hundreds of former Volunteers joined the team Saturday in running onto Neyland Stadium, Tennessee finally started playing like the Vols of old.
About 250 former Tennessee players, including All-Pro selections Al Wilson and Jamal Lewis, joined the team in going through the "T'' and onto the playing field before the game.
"I was shaking all those guys' hands earlier and told them, 'We've got your back,'" Tennessee offensive tackle Antonio "Tiny" Richardson said. "We're trying to get Tennessee back to where it needs to be. I think we took the first step to getting there."
The presence of all those former Vols seemed to inspire Tennessee.
Tennessee took a 3-0 lead on a 37-yard field goal that was set up by a targeting penalty on South Carolina safety Kadetrix Marcus that resulted in his ejection. Marcus had hit Alton "Pig" Howard at the end of a 12-yard reception.
After Shaw's 76-yard touchdown pass to Damiere Byrd put South Carolina ahead 7-3 on the first play of the second quarter, Tennessee reached the end zone on its next two series. Justin Worley threw a 6-yard touchdown pass to Howard and Rajion Neal added a 5-yard touchdown run.
"It's ultimately a matter of belief," Jones said. "I thought our team took a valuable step forward two weeks ago. It was gut-wrenching, but also our kids believed and they built confidence. Confidence is a powerful thing. Belief is a powerful thing. We've pointed to this game for a long period of time."
South Carolina regained the momentum after a gutsy fourth-down call.
Shaw scrambled 9 yards for the first down on fourth-and-8 from the Tennessee 45. Shaw capped the drive by pitching right to Davis on third-and-6 for a 21-yard touchdown.
After Palardy's 46-yard field-goal attempt sailed wide left on Tennessee's next possession, South Carolina grabbed a 21-17 lead Shaw's 1-yard touchdown run late in the third quarter.
Tennessee cut the lead to 21-20 with 10:11 remaining on Palardy's 33-yard field goal, which was set up by North's leaping 48-yard reception. But the Vols stalled after reaching South Carolina territory on their next two possessions.
South Carolina, which has gone 6 of 6 on fourth-down conversions over the last two weeks, considered trying to put away the game with one more fourth-down attempt. South Carolina faced fourth-and-2 from its own 26 with about three minutes left when Spurrier kept his offense on the field and called two straight timeouts before finally opting to punt.
"We were thinking about going for it," Spurrier said. "We went up there and if it looked good, we were thinking about going for it. Then, the second time, they actually changed their defense a little bit. We thought we had a little bit of a hole there. ... But looking back, I always tell myself to go for those."
That punt set the stage for Palardy to reward Jones' faith in him.
"He tells me every day to visualize a game-winning kick because sooner or later it would come down to it," Palardy said. "Sure enough, he was right."
Associated PressSource: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2013-10-19-FBC-T25-South-Carolina-Tennessee/id-af596e0c847f4c0187283eeb209c531d
Sadzies!!
Master P and his lovely wife Sonya Miller have been married for 24 years, but all of that is coming to an end!
The world assumed there was No Limit to what their love could endure, but the unhappily married couple is proving us all wrong and calling it quits!
Well, technically speaking, Master P isn't calling anything. It was his soon-to-be ex who filed the court paperwork!!
Aww!!! After 24-years we can't believe they're throwing in the towel. By comparison, River Phoenix didn't even live that long!
In addition to their famous adult child, Lil Romeo, Sonya has four underage children by Master P. She sought child support for them once in 2011 while they were separated, and will go after full custody and spousal support now.
Good luck to everyone involved!
[Image via WENN.]
Tags: child support, couple, divorce, dysfunctional families, family, love line, master p, romeo, sad sad, separated, sonya miller
As we're just beginning to see more and more glimpses of baby North West, her birth story is currently playing out on "Keeping Up with the Kardashians."
In a preview for next week's episode, Kim Kardashian discovers she has toxemia and has to have her baby right away, five weeks before her due date.
Making a panicked call to sister Khloe, the 32-year-old reality star shares, "I have to deliver the baby right now!" Promising viewers an inside look, the promo states, "Be there the day Kim becomes a mom."
Check out the preview in the player below and catch the birth episode of "Keeping Up with the Kardashians" on Sunday, October 27th at 9:00pm ET on E!
The Supreme Court will hear arguments in two cases on Wednesday: Kansas v. Cheever and Kaley v. United States.
The Supreme Court will hear arguments in two cases on Wednesday: Kansas v. Cheever and Kaley v. United States.
The U.S. Supreme Court will hear arguments in two cases on Wednesday — one that focuses on the right against self-incrimination and another that looks at when prosecutors can seize defendants' assets.
What Counts As Self-Incrimination?
The first arguments before the court Wednesday come in a murder case that tests whether a court-ordered psychiatric exam can be used to rebut a defendant's claim that he had not formed the necessary intent to kill. The defendant claims that using the examination violated his constitutional right against self-incrimination.
In 2005, Scott Cheever shot and killed a sheriff during the course of an arrest. Cheever, then 24, had been addicted to methamphetamines since he was 17. He claimed that at the time of the killing, he had not slept in nine days, had just injected a near-lethal dose of the drug and was incapable of exercising judgment when the sheriff came to arrest him. In short, he contended that he was incapable of forming the necessary intent to kill — an element that is required to qualify a defendant for the death penalty.
The case took tortuous legal turns, dragging its way through both state and federal court, before Cheever was finally convicted in state court and sentenced to death.
The appeal of that conviction centers on a psychiatric exam that took place at the early stage of the case, prior to trial, and over defense counsel's objection. A federal judge ordered the psychiatric exam when Cheever's lawyer first notified the federal court that the defense intended to argue that Cheever did not have the requisite intent to kill.
For unrelated reasons, the federal prosecution was eventually dropped in favor of a state prosecution. But when the case went to trial in state court, Cheever pressed the same argument. The defense called its own expert witness to testify about the short- and long-term effects of methamphetamine use. That expert testified that Cheever was experiencing paranoid psychosis and could not have exercised any judgment when he killed the sheriff.
In response, the state called the psychiatrist who had conducted the court-ordered examination at the earlier stage of the case. That doctor testified that, while Cheever had antisocial personality disorder and was "impressed and awed" by "outlaws," his mental state at the time was not significantly altered. In short, that the defendant could have intended to kill the sheriff.
The Kansas Supreme Court subsequently voided the conviction. It ruled unanimously that the state had violated Cheever's Fifth Amendment right against self-incrimination by calling the state's psychiatrist to testify.
The state then appealed to the U.S. Supreme Court, where the justices will hear arguments on Wednesday. The state argues that Cheever voluntarily waived his right against self-incrimination by introducing evidence of his mental state. Cheever's attorney counters that presentation of evidence of mental state is not a waiver of the right against self-incrimination.
What Can Prosecutors Seize Before Trial?
The second of the two cases being argued Wednesday tests under what circumstances prosecutors may seize a defendant's assets prior to trial. The defendants in the case claim the seizure of their assets is unconstitutional because it makes it impossible for them to pay their chosen lawyers to conduct a defense.
When the government began investigating Kerri and Brian Kaley for allegedly selling stolen medical supplies, the Kaleys fought back, contending that the medical supplies were not stolen at all. They knew that identical charges in another case had ended in a not-guilty verdict. So, they took out a $500,000 loan on their home and put it into a CD to pay their lawyers for a trial.
Federal prosecutors, however, then sought to freeze all their assets — an action that the Kaleys contend denied them the right to counsel and due process of law.
The couple is asking the Supreme Court to set down rules requiring a pretrial evidentiary hearing prior to allowing the seizure. Prosecutors counter that such a hearing would essentially be a mini-trial, giving defendants two bites at the apple after they are tried.
The case could have a significant impact on both prosecutors and defense lawyers. Groups on the right and the left have filed briefs on behalf of the Kaleys. They say that if the court sides with the Kaleys, it would deprive prosecutors of a heavy weapon used too aggressively and frequently to force guilty pleas on unwilling defendants. On the other hand, prosecutors contend that a decision favoring the Kaleys would encourage white-collar defense lawyers to represent wealthy defendants, regardless of the fact that the lawyers are being paid with their clients' ill-gotten gain.
Isaac Chaput contributed to this report.
Case closed for Rocket Lawyer, the online legal services startup that was getting sued by its rival LegalZoom over claims of false advertising and other Federal Trade Commission violations. The court has denied LegalZoom’s motion for a summary judgment, and has subsequently cancelled the hearing for the case. Judge Gary Allen, of the U.S. District Court for the Central District of California, says that LegalZoom “has failed to carry its burden” in trying to prove that a consumer would be misled by Rocket Lawyer’s ads — specifically those offering services claimed as free.
“[Rocket Lawyer’s] advertisements are not false, but rather are a truthful promotion of its free trial that could potentially distinguish its services from other companies by allowing customers to incorporate without paying any processing and filing fees,” Judge Allen writes.
We’ve embedded the full ruling below.
The case goes back about a year, to November 2012, when LegalZoom first filed its complaint, which covered a number of claimed violations of FTC regulations, including trademark infringement and unfair competition.
Today’s ruling focuses specifically on the advertising and the “free” claims made by Rocket Lawyer, with specific reference not just to how they are not really free claims but to how they potentially put LegalZoom into a negative light, with statements like “Zoom Charges $99, We’re Free.” The Judge decided that Rocket Lawyer is transparent in what it is offering to users. For example, as in the above statement:
“It is true that a customer can save the $99 charged by Plaintiff for its processing and filing fee by enrolling in the free trial offered by Defendant. And this comparison is further explained on Defendant’s website through a chart that presents a side-by-side comparison of the various prices associated with incorporation, including processing fees and state fees, that are charged by both Defendant and a ‘Competitor.’”
“LegalZoom’s motion was unsupported legally and factually,” noted Forrest Hainline, counsel for Rocket Lawyer. “LegalZoom’s lawsuit attempts to misuse competition laws to protect its uncompetitive market position.”
LegalZoom has been around since 1999 years and has itself been a disruptive force in the market by offering users online legal services for a fraction of the price that it might cost to get the same paperwork done by a physical lawyer. Services include legal help with starting businesses but also personal work, such as filing for a divorce online. It has raised $66 million in funding and has filed for a $120 million IPO.
Rocket Lawyer has been around since 2008 and has raised just over $53 million. While LegalZoom charges for forms, Rocket Lawyer has gone after disrupting that model by making forms free and charging for legal and advisory services around getting them completed. It has raised just over $53 million.
“Our mission is to make the law affordable and simple enough for everyone to to benefit from the protections of our legal system,” noted Charley Moore, Founder of Rocket Lawyer, in a statement. “We are willing and able to continue to fight for access to low-cost legal services, even when a bigger competitor like LegalZoom comes along to try to maintain the status quo. We applaud the decision of the court today as it validates our commitment to delivering the legal services people need in a way they can both afford and understand.”
We are reaching out for a response from LegalZoom and will update this post as we learn more.
Image: Flickr
MAUNGDAW, Myanmar (AP) — The 10-year-old struggles up the hill, carrying buckets filled with rocks. Though he tries to keep a brave face in front of his friends, his eyes brim with tears. Every inch of his body aches, he says, and he feels sick and dizzy from the weight.
"I hate it," whispers Anwar Sardad. He has to help support his family, but he wishes there was a way other than working for the government construction agency.
He adds, "I wouldn't have to live this life if I wasn't a Muslim."
The lives of hundreds of thousands of Rohingya children like Anwar are growing more hopeless in Myanmar, even as the predominantly Buddhist nation of 60 million wins praise for ending decades of dictatorship.
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EDITOR'S NOTE — This story is part of "Portraits of Change," a yearlong series by The Associated Press examining how the opening of Myanmar after decades of military rule is — and is not — changing life in the long-isolated Southeast Asian country.
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The Muslim ethnic group has long suffered from discrimination that rights groups call among the worst in the world. But here in northern Rakhine state, home to 80 percent of the country's 1 million Rohingya, it is more difficult now for children to get adequate education, food or medical care than it had been in the days of the junta. They have few options beyond hard labor, for a dollar a day.
The Associated Press' visit to the area was a first for foreign reporters. Local officials responded with deep suspicion, bristling when Rohingya were interviewed. Police meetings were called, journalists were followed and people were intimidated after being interviewed, including children.
In a country torn by ethnic violence over the last 15 months, this is the one region where Muslim mobs killed Buddhists, rather than the other way around. And although only 10 of the 240 deaths occurred here, this is the only region where an entire population has been punished, through travel restrictions and other exclusionary policies.
Muslim schools known as madrassas have been shut down, leading to crowding in government schools, where Rohingya, who make up 90 percent of the population in this corner of the country, are taught by Buddhist teachers in a language many don't understand.
In the village of Ba Gone Nar, where a monk was killed in last year's violence, enrollment at a small public school has soared to 1,250. Kids ranging from preschoolers to eighth-graders are crammed so tightly on the floor it's nearly impossible to walk between them.
"Our teachers write a lot of things on the blackboard, but don't teach us how to read them," says 8-year-old Anwar Sjak. "It's very difficult to learn anything in this school."
There are only 11 government-appointed teachers — one for every 114 students. On a day reporters visit, they fail to show up — a common occurrence.
Rohingya volunteers try to maintain order. One man circles the room with a rattan cane, silencing the chatter by whacking the trash-strewn concrete floor.
Few kids have chairs or desks. Many are coughing. Others talk among themselves, flipping through empty notebooks. They look up at newcomers with dazed stares.
"If I could be anything, I'd be doctor when I grow up," Anwar says. "Because whenever someone in my family gets sick and we go to the hospital, the staff never takes care of us. I feel so bad about that.
"But I know that will never happen," the third-grader adds. "The government wouldn't allow it."
Rohingya are not allowed to study medicine in Myanmar. There are no universities in northern Rakhine, and Rohingya there have been barred from leaving the area for more than a decade. An exception that allowed a few Rohingya to study in Sittwe, the state capital, ended after last year's bloodshed.
"They don't want to teach us," says Soyed Alum, a 25-year-old from the coastal village of Myinn Hlut who holds private classes in his home for Rohingya kids.
"They call us 'kalar' (a derogatory word for Muslim). They say, 'You're not even citizens. . Why do you need an education?'"
Every year, thousands of Rohingya flee northern Rakhine and take perilous sea journeys in hopes of finding refuge in other countries. Because of the recent sectarian violence, in which 250,000 people, mostly Rohingya, were driven from their homes, right workers anticipate that one of the biggest exoduses ever will begin as soon as the monsoon season ends this month and seas in the region calm.
Some historians say Rohingyas have been in northern Rakhine for centuries, though some living there now migrated from neighboring Bangladesh more recently. All are denied citizenship, rendering them stateless.
"They are all illegal," state advocate general Hla Thein says flatly.
They remain barred from becoming citizens, or from working in civil-service jobs. No Rohingya birth certificates have been handed out since the mid-1990s. Rohingya children are "blacklisted" — denied even basic services — if their parents are not officially married or previously reached a two-child limit that is imposed only on their ethnic group.
The official neglect commonly stretches into hatred.
A government minder assigned by the central government to facilitate the AP's trip asks why they are so eager to interview "dogs."
When young Rohingya girls peer into the open windows of the crew's vehicle, the minder bitterly mumbles crude sexual insults at them.
One thing the government does offer Rohingya kids is work, even if they are as young as 10. The Ministry of Construction, one of the bigger employers, offers them 1,000 kyat — a dollar — for eight hours of collecting and carrying rocks under the tropical sun.
Early in the morning, giant pickup trucks swing by villages to pick up dozens of sleepy-eyed boys — all of them Rohingya — and deliver them to riverbeds.
"See? They want to work," says U Hla Moe, the administrator of Lay Maing.
Later that day, he will summon children who were interviewed by reporters into his office — for the AP's security, he says. The children say he frightens them as he demands to know the questions they were asked and their answers.
Among the kids called in is Anwar Sardad, the 10-year-old stone carrier.
From 8 a.m. until dusk, he works alongside his twin brother and five or six other boys from their village, scooping up river rocks and briskly carrying them up a hill. They look more like little men than boys: No smiles. Each step sturdy and determined. Not an ounce of energy wasted.
Anwar is exhausted but works fast. He even stops to help friends when they struggle with their buckets.
Though the work is grueling, it will help the children and their families eat. The region has some of the country's highest chronic malnutrition rates, according to a report released last year by the European Commission Humanitarian Aid and Civil Protection Department. That deprivation severely affects mental and physical development.
The work of humanitarian organizations has been greatly limited in northern Rakhine. A lack of vaccination coverage in the neglected area means they are exposed to almost every preventable childhood disease, says Vickie Hawkins, the deputy head of mission in Myanmar for Doctors Without Borders, which has worked in the area for 15 years.
If Rohingya children get critically ill, they might never make it to a hospital, either because their families cannot afford bribes demanded at checkpoints or because of the Sittwe travel ban.
Mohamad Toyoob, a 10-year-old Rohingya, has received medical care, but not the surgery that doctors have recommended.
He lifts up his shirt, pressing on the right side of his stomach, where he has felt sharp pain for the past three years. "I don't know what's wrong," he says. "It feels like there is something inside."
One diagnosis among the stack he has saved says "abdominal mass," followed by a series of question marks.
The doctors Mohamad saw at a limited-capacity public hospital are unable to perform the potentially life-saving surgery they recommended. To get it, he would have to go to Sittwe, which is off-limits, or Bangladesh. The latter is possible, if his family pays hefty bribes, but he may not be able to get back home.
Money is another obstacle: His family can't even afford his medication, let alone surgery.
He digs into a pocket and pulls out two little plastic bags filled with red, pink, yellow and light blue pills. They cost 200 kyat (20 cents) per day.
To get the money, Mohamad works with other village kids at the riverbank, struggling to lift rocks. Sometimes it makes the pain worse.
"My father lost his job after the violence," he says. "When he was working, we could afford it. But now we have nothing.
"I have to take care of myself."
Her biggest fan! Michelle Williams and her daughter Matilda Ledger stepped out in Brooklyn earlier this week with Matilda, 7, giving her famous mom a special nod -- with her wardrobe choice! The sweet brunette sported a white t-shirt featuring Williams' face in character as Glinda the Good Witch from her 2013 film Oz the Great and Powerful.
PHOTOS: Michelle Williams' sophisticated style moments
During the outing, the 33-year-old Oscar nominee wore black leather pants, leopard flats and a blue button-up. Matilda smiled alongside her mom wearing jeggings, sneakers and a backpack.
Oz the Great and Powerful was a bonding experience for the mother-daughter duo, and partially a reason why the Brokeback Mountain star took on the role. "Its the best thing professionally that's happened to us," she previously told Reuters. "On Oz she comes every single day after school because it's like a playground. She says, 'There's only one good witch and it's my mom.'"
PHOTOS: Michelle Williams' Hollywood evolution
Williams has been sharing a lot of her professional life with her young daughter recently. The blonde beauty opened up on Oct. 5 at the New Yorker Festival in NYC about taking Matilda to Capeside, Massachusetts to relive her Dawson's Creek roots.
"I actually hadn't been back since the show ended but I went back and took my daughter on vacation and saw people I hadn't seen in 10 years and went all the places that we used to go," Williams revealed in an interview with The New Yorker's David Denby. "And it was great. It was actually a real stroke of luck to be transported there."
PHOTOS: Dawson's Creek stars then and now
The My Week with Marilyn actress loves to travel during her downtime, and is never without her daughter. "I'm very lucky because she is very outgoing, very friendly," she added. "She likes meeting new people and places and experiences so she makes it easy."
By J.J. Robinson
MALE (Reuters) - Maldives police forced a halt to a presidential election on Saturday, in what the leading candidate's supporters said was a new coup as he called on them to block the streets in protest.
The Indian Ocean archipelago which has been in turmoil since February 2012, when then-president Mohamed Nasheed was ousted by mutinying police, military forces and armed demonstrators.
The election was due to be held on Saturday, after a vote in September was annulled over allegations of fraud.
However, there had been confusion over whether it could go ahead as some candidates had still not signed a new voter register in accordance with a Supreme Court ruling early on Saturday to allow the election.
Just hours before polls were due to open for the vote that Nasheed looked set to win, police surrounded the secretariat of the Elections Commission, forcing a delay condemned by the international community.
Police said they could not support an election held "in contravention of the Supreme Court verdict and guidelines".
Police Chief Superintendent Abdulla Nawaz said he had acted due to concern about "any unrest that may occur in the country as a result of letting the election proceed".
Nasheed's supporters have staged violent protests since he was ousted, and masked men this month fire-bombed a television station that backs Nasheed, who came to international prominence in 2009 after holding a cabinet meeting underwater in scuba gear to highlight the threat of climate change.
"There has been a coup in the Maldives, and the coup backers, in order to maintain that coup, are committing bigger and bigger atrocities day after day," he told supporters staging a sit-in at two road junctions that brought Male to a halt.
"I call on you to block these streets ... Let us shut down Male. Male can't function, we must succeed."
Security forces cordoned off part of Male that included the president's office and the Supreme Court, while Nasheed's supporters blocked other streets with ropes, human chains, motorbikes and trucks, a Reuters reporter said.
Ahmed Khalid, 33, an artist at the protest, said: "The police are in control of this country. This is a coup."
"THREAT TO DEMOCRACY"
Elections Commissioner Fuwad Thowfeek told a news conference it could not proceed with the vote if police were obstructing it, saying officers had "overstepped their authority".
Thowfeek appeared on state television late on Saturday to say it would take a minimum of 21 days to amend the voter register again and the commission was in discussion with the government to potentially hold polls on November 2 or Nov 9.
Elections Commission member Ali Mohamed Manik said: "This is a dark day for democracy."
Nasheed, who came to power in the Maldives' first free elections in 2008, looked set to return to office when he won the first round of an election on September 7, putting him in a good position to win a run-off vote set for September 28.
But that election was cancelled by the Supreme Court which cited fraud. International observers had said the election was free and fair. The court later ordered a fresh election by October 20 and a run-off by Nov 3, if required.
The current president's term expires on November 11.
A spokesman for Nasheed's Maldivian Democratic Party, Hamid Abdul Ghafoor, called on Saturday for the intervention of world powers. "An interim arrangement has to be sought through international intervention," he said.
Commonwealth Secretary-General Kamalesh Sharma said: "I cannot stress firmly enough how critical it is for all state institutions and presidential candidates to cooperate in good faith to ensure that this election can take place as soon as possible."
A U.S. diplomat in nearby Sri Lanka told reporters the failure to hold the election "represents a real threat to democracy in the Maldives".
British Foreign Secretary William Hague said new delays "will be seen as nothing less than an attempt to frustrate the democratic process".
Nasheed's main election rival is Abdulla Yameen, a half-brother of Maumoon Abdul Gayoom, who ruled for 30 years and was considered a dictator by opponents and rights groups. Holiday resort tycoon Gasim Ibrahim, who was finance minister under Gayoom, was also running.
Critical issues the new president will face include a rise in Islamist ideology, human rights abuses and a lack of investor confidence after current President Mohamed Waheed's government cancelled the biggest foreign investment project, with India's GMR Infrastructure.
(Additional reporting by Ranga Sirilal in Colombo and Marie-Louise Gumuchian in London; Writing by Shihar Aneez; Editing by Alison Williams)
Zac Efron is starting off 26 right. The Neighbors actor -- who successfully completed a rehab program five months ago -- celebrated his 26th birthday last night at the Chateau Marmont in West Hollywood, Calif.
"Zac had a small birthday party at Chateau last night," an insider revealed to Us Weekly. "No girls at the table." But some of his famous pals that did make it out for the celebration included Robert Pattinson, Joe Jonas and his Awkward Moment costar Michael B. Jordan.
Earlier in the day, the heartthrob golfed a few rounds with his father David at the Callaway Golf Center in Carlsbad. The single actor dressed casually for the outing, wearing jeans, a blue t-shirt and his black shades.
In mid-September, multiple sources confirmed to Us that the former High School Musical star completed treatment for problems with cocaine and alcohol. "He realized he needed outside help," one friend explained to Us. "He reached out for it and is doing great now."
Another source added: "He is cutting those toxic people out of his life. [His] friends are happy for him."
Indeed, the actor has been in high spirits since the shocking reveal. He's since thanked his fans for their support via Instagram and was recently photographed having fun with his former Hairspray costar Brittany Snow at the Los Angeles Haunted Hayride on Oct. 10.
Until now, augmented reality has been mostly used as a way of giving you more information about the world around you, but a new iPhone app uses your surroundings to remix the music you're listening to.
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FILE - In this Friday, Dec. 14, 2012, file photo provided by the Newtown Bee, a police officer leads two women and a child from Sandy Hook Elementary School in Newtown, Conn., where a gunman opened fire, killing 26 people, including 20 children. The Associated Press is challenging the refusal by investigators to release the 911 tapes from the Dec. 14 shooting. A hearing officer for Connecticut's Freedom of Information Commission has recommended the tapes be released, and the full commission is meeting Wednesday, Sept. 25, 2013, to consider the case. (AP Photo/Newtown Bee, Shannon Hicks, File) MANDATORY CREDIT: NEWTOWN BEE, SHANNON HICKS
FILE - In this Friday, Dec. 14, 2012, file photo provided by the Newtown Bee, a police officer leads two women and a child from Sandy Hook Elementary School in Newtown, Conn., where a gunman opened fire, killing 26 people, including 20 children. The Associated Press is challenging the refusal by investigators to release the 911 tapes from the Dec. 14 shooting. A hearing officer for Connecticut's Freedom of Information Commission has recommended the tapes be released, and the full commission is meeting Wednesday, Sept. 25, 2013, to consider the case. (AP Photo/Newtown Bee, Shannon Hicks, File) MANDATORY CREDIT: NEWTOWN BEE, SHANNON HICKS
HARTFORD, Conn. (AP) — When the old Sandy Hook Elementary School is demolished, building materials will be pulverized on site and metal will be taken away and melted down in an effort to eliminate nearly every trace of the building where a gunman killed 26 people last December.
Contractors also will be required to sign confidentiality agreements and workers will guard the property's perimeter to prevent onlookers from taking photographs or videos.
The goal is to prevent exploitation of any remnants of the building, Newtown First Selectman E. Patricia Llodra said Tuesday.
"We want to be absolutely certain to do everything we can to protect the privacy of the families and the Sandy Hook community," she said. "We're going to every possible length to eliminate any possibility that any artifacts from the building would be taken from the campus and ... end up on eBay."
Demolition is set to begin next week and be finished before the Dec. 14 anniversary of the shootings. Town voters last month accepted a state grant of $49.3 million to raze the building and build a new school, which is expected to open by December 2016.
The contractors' confidentiality agreements, which were first reported Monday by The News-Times of Danbury, forbid public discussion of the site as well as photographs or disclosure of any information about the building.
Llodra, the superintendent of schools and other town officials have been discussing how to handle the demolition for weeks. Llodra said they want to shield the victims' families and the community from more trauma, and don't want any part of the school used for personal gain.
Most of the building will be completely crushed and hauled away to an undisclosed location. Some of the demolition dust may be used in the foundation and driveway of the new school, Llodra said. The town also is requiring documentation that metal and other materials that can't be crushed and are hauled off-site are destroyed, she said.
In addition to the demolition crew confidentiality agreements, the project management company, Consigli Construction, also may do background checks on the workers.
"It's a very sensitive topic," Selectman Will Rodgers told The News-Times. "We want it to be handled in a respectful way."
Adam Lanza, 20, killed 20 first-grade children and six women inside the school before committing suicide. Authorities have not disclosed a possible motive for the massacre.
Sandy Hook students have been attending classes at a former school in neighboring Monroe that was renovated specially for them.
Associated PressSource: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-10-15-School%20Shooting-Demolition/id-ace3352433fe4849bc17c5dcf29daebb
Source: http://feeds.celebritybabies.com/~r/celebrity-babies/~3/Gv2Lf-fB8FU/