Te'o tackles questions about 'embarrassing' hoax


























































INDIANAPOLIS –  Manti Te’o sounded like a man ready to move on with his life.

The former Notre Dame linebacker, who claimed to be a victim of a bizarre hoax involving an Internet-created girlfriend, fielded questions from a media horde Saturday at the NFL scouting combine and said he is beyond the personal embarrassment caused by the incident. But Te’o said he is still disappointed in himself for the harm he caused his family.

"The incident, I said all I needed to say about that," Te’o said. "How I’m handing it going forward, it’s doing what I’m doing right now: Focusing on the moment and focusing on football and the combine.

"Not everybody gets this opportunity to be here. I’m sure there are thousands and thousands of people who would like to be here in Indianapolis. So, just trying to enjoy the moment.’’


Te'o said he was surprised by the intensity of the interest in the hoax, calling the reaction "overwhelming" at times and said it was "definitely embarrassing."


Asked about people who have expressed doubts about his version of his involvement in the hoax, Te'o said, "I could have done some things different to avoid all this stuff. .... I'm just very grateful for those who helped me get through that time."
 
Te’o knew he faced more questions about the fake girlfriend hoax that transfixed the nation. More importantly, he needs to show NFL teams how his poor performance against Alabama in the BCS national title game was just as much of an illusion.








"That's all on me," Te'o said of the Alabama game. "Alabama had a great game plan."


Te'o said he has received no indication from NFL teams that the incident will affect his draft status. He also said he didn't think it would affect how he is treated by future teammates.


Te’o said he met with the Houston Texans and Green Bay Packers in Indianapolis and still was scheduled to meet with 18 more teams. He hopes to answer some doubts about his performance against Alabama in the national title game when the linebackers start their workouts on Monday.

When the roughly 15-minute session ended, Te'o thanked the media for attending, then thanked his family and Notre Dame.






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Einhorn scores legal victory versus Apple in cash scuffle


NEW YORK (Reuters) - A U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.


U.S. District Judge Richard Sullivan in Manhattan granted a motion by Einhorn's Greenlight Capital for a preliminary injunction stopping a vote on that proposal, scheduled for the company's February 27 stockholders' meeting.


The decision could hand Einhorn more leverage as he pursues his pitch for Apple to issue what he has called the "iPref": preferred stock with a perpetual dividend that he contends would reward investors and help boost the company's share price.


Greenlight sued Apple on February 7 as part of a broader pitch to unlock more of its $137 billion in cash. The hedge fund manager has lobbied Apple to issue preferred stock with a perpetual 4 percent dividend, and on Thursday made a direct appeal to shareholders on a teleconference.


Apple Chief Executive Tim Cook last week dismissed the lawsuit as a "silly sideshow."


The lawsuit itself challenged a measure called Proposal No. 2 that Apple put forward, which would eliminate its power to issue preferred shares without a shareholder vote.


At issue is Apple's "bundling" of that measure with two other unrelated matters into a single proxy proposal.


Greenlight said it supported two of the proposed amendments, but not the one on preferred shares.


In his ruling, Sullivan said Greenlight and another investor who also sued Apple "are likely to succeed on the merits and face irreparable harm if the vote on Proposal No. 2 is permitted to proceed."


"We are disappointed with the court's ruling. Proposal No. 2 is part of our efforts to further enhance corporate governance and serve our shareholders' best interests," Apple spokesman Steve Dowling said. "Unfortunately, due to today's decision, shareholders will not be able to vote on Proposal No. 2 at our annual meeting next week."


A spokesman for Greenlight called the ruling a "significant win for all Apple shareholders and for good corporate governance."


But not all shareholders were happy. California pension fund Calpers, a major Apple investor and public supporter of Apple's proposal, said implementation of "majority voting and shareholder approval for the issuance of new stock - preferred or otherwise - is worth waiting for."


"We encourage Apple to reintroduce these measures as soon as is practical so that all investors can be heard," Anne Simpson, Calpers' director of global governance, said in a statement.


BUNDLES


The ruling could be a warning for other companies when issuing proxy proposals, said James Cox, a professor at Duke University School of Law.


"It's going to make managers reluctant to bundle things together, because you're never going to know when you send them out if there's an Einhorn out there," he said.


The lawsuit was centered on a narrow issue of whether Apple violated U.S. Securities and Exchange Commission rules by "bundling" the preferred shares item with two other unrelated matters into one proxy proposal.


Greenlight's lawyers contended the SEC rules were intended to protect shareholders from being forced to vote for a proxy proposal involving materially different issues that the investors might not entirely support.


Apple had argued Proposal No. 2, which only dealt with amendments to its charter, constitute a single matter and wasn't bundled. Sullivan called the company's arguments "unavailing."


"Given the language and purpose of the rules, it is plain to the Court that Proposal No. 2 impermissibly bundles 'separate matters' for shareholder consideration," Sullivan wrote.


Judge Sullivan also found that Greenlight would be irreparably harmed without the injunction, since it would be forced to vote against its own interests. Denying Greenlight's motion would prevent it and other investors from exercising their rights to a fair vote, Sullivan said.


Sullivan separately declined to block a vote from going forward on a separate proxy proposal, Proposal No. 4, which sought an advisory "say on pay" vote on Apple executives' compensation.


The proposal had been challenged by investor Brian Gralnick of Pennsylvania, who contends Apple did not disclose enough details about how it made its compensation decisions.


Sullivan rejected that argument, saying Apple's disclosures were "plainly sufficient under SEC rules."


Arnold Gershon, a lawyer for Gralnick at Barrack, Rodos & Bacine, said he was "very pleased" with Sullivan's decision to the extent it enjoined the Proposal No. 2 vote, though said he would have to decide what to do next with regard to the say-on-pay proposal.


Sullivan directed the parties to submit a joint letter by March 1 outlining the next contemplated steps in this case.


Apple shares closed up 1.1 percent at $450.81 on Friday.


The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.


(Reporting by Nate Raymond in New York; Additional reporting by Poornima Gupta in San Francisco; Editing by Martha Graybow, Gary Hill, Leslie Adler, Carol Bishopric and Lisa Shumaker)



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Te'o doing tough balancing act at NFL combine


INDIANAPOLIS (AP) — Manti Te'o wants everyone to know he's over the embarrassment of an online hoax, and he's ready to focus on football.


The Heisman Trophy runner-up acknowledges he could have done things to avoid a public spectacle. But he says if he was still embarrassed by it, he wouldn't have taken questions Saturday at the NFL's annual scouting combine.


Instead, nearly two dozen television cameras and a room full of reporters were capturing every word out of Te'o's mouth as he again tried to explain how he was duped into believing a girlfriend that never existed died last fall.


It was the largest group of reporters Te'o has faced since the story broke last month


More than 300 players, including Te'o, are in Indy this weekend to work out for NFL scouts.


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FDA approves new targeted breast cancer drug


WASHINGTON (AP) — The Food and Drug Administration has approved a first-of-a-kind breast cancer medication that targets tumor cells while sparing healthy ones.


The drug Kadcyla from Roche combines the established drug Herceptin with a powerful chemotherapy drug and a third chemical linking the medicines together. The chemical keeps the cocktail intact until it binds to a cancer cell, delivering a potent dose of anti-tumor poison.


Cancer researchers say the drug is an important step forward because it delivers more medication while reducing the unpleasant side effects of chemotherapy.


"This antibody goes seeking out the tumor cells, gets internalized and then explodes them from within. So it's very kind and gentle on the patients — there's no hair loss, no nausea, no vomiting," said Dr. Melody Cobleigh of Rush University Medical Center. "It's a revolutionary way of treating cancer."


Cobleigh helped conduct the key studies of the drug at the Chicago facility.


The FDA approved the new treatment for about 20 percent of breast cancer patients with a form of the disease that is typically more aggressive and less responsive to hormone therapy. These patients have tumors that overproduce a protein known as HER-2. Breast cancer is the second most deadly form of cancer in U.S. women, and is expected to kill more than 39,000 Americans this year, according to the National Cancer Institute.


The approval will help Roche's Genentech unit build on the blockbuster success of Herceptin, which has long dominated the breast cancer marketplace. The drug had sales of roughly $6 billion last year.


Genentech said Friday that Kadcyla will cost $9,800 per month, compared to $4,500 per month for regular Herceptin. The company estimates a full course of Kadcyla, about nine months of medicine, will cost $94,000.


FDA scientists said they approved the drug based on company studies showing Kadcyla delayed the progression of breast cancer by several months. Researchers reported last year that patients treated with the drug lived 9.6 months before death or the spread of their disease, compared with a little more than six months for patients treated with two other standard drugs, Tykerb and Xeloda.


Overall, patients taking Kadcyla lived about 2.6 years, compared with 2 years for patients taking the other drugs.


FDA specifically approved the drug for patients with advanced breast cancer who have already been treated with Herceptin and taxane, a widely used chemotherapy drug. Doctors are not required to follow FDA prescribing guidelines, and cancer researchers say the drug could have great potential in patients with earlier forms of breast cancer


Kadcyla will carry a boxed warning, the most severe type, alerting doctors and patients that the drug can cause liver toxicity, heart problems and potentially death. The drug can also cause severe birth defects and should not be used by pregnant women.


Kadcyla was developed by South San Francisco-based Genentech using drug-binding technology licensed from Waltham, Mass.-based ImmunoGen. The company developed the chemical that keeps the drug cocktail together and is scheduled to receive a $10.5 million payment from Genentech on the FDA decision. The company will also receive additional royalties on the drug's sales.


Shares of ImmunoGen Inc. rose 2 cents to $14.32 in afternoon trading. The stock has ttraded in a 52-wek range of $10.85 to $18.10.


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Oscars expand social media outreach for 85th show


LOS ANGELES (AP) — The Academy of Motion Picture Arts and Sciences is encouraging celebrities to tweet during the Oscars.


The film organization has expanded its digital outreach for the 85th Academy Awards with a new feature that lets stars to snap photos of themselves backstage during Sunday's ceremony and instantly post them online.


What Twitter calls a "Magic Mirror" will take photo-booth-style pictures of participating stars in the green room and send them out on the academy's official Twitter account. Organizers expect multiple celebrity mash-ups.


The backstage green room is a private place for stars to hang out before taking the stage and is typically closed to press and photographers.


The Magic Mirror is "giving access to fans at home a part of the show they never got to experience before," Twitter spokeswoman Elaine Filadelfo said Friday.


A new video-on-demand/instant replay feature also being introduced Sunday will allow Oscar fans to view show highlights online moments after they happen and share them with friends on Twitter and Facebook. Dozens of clips from the red carpet and the awards telecast will be available on the official Oscar website beyond Sunday's ceremony.


Oscar.com also offers other behind-the-scenes interactive features, including various backstage camera perspectives and a new live blog that aggregates the show's presence across social media. It will track the traffic on whatever makes a splash, like Angelina Jolie's right leg did last year.


The academy wants to make its second-screen experience just as rich as its primary one.


"Social media is now mainstream," said Christina Kounelias, chief marketing officer for the academy.


"We're not doing social media to reach out to young kids," said the academy's digital media director, Josh Spector. "We're doing it to connect with all Oscar fans."


___


Follow AP Entertainment Writer Sandy Cohen on Twitter: www.twitter.com/APSandy.


___


Online:


www.oscar.com


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16 airport investors show interest in Midway








An international array of airport investors and operators have shown interest in developing bids to privatize Midway Airport, the city announced Friday evening.

Sixteen parties responded to the city's "request for qualifications" by a 4 p.m. deadline, indicating they had interest in leasing, operating and improving the Southwest Side airport, the nation's 26th busiest, with about 9 million passengers passing through annually.

"The response generated from the  ... process is encouraging and provides the city with a sense of the strong level of interest in a potential lease," said Lois Scott, the city's chief financial officer. "We must evaluate fully if this could be a win for Chicagoans."

The city and its advisers will review the responses to identify qualified potential bidders.

Of the 16, seven had both the operational and financial capabilities sought in the RFQ. The city identified them as:



-- ACO Investment Group, an investor and operator with global airport experience.

-- AMP Capital Investors Limited, a manager and investor in airports, including Melbourne Airport in Australia and Newcastle Airport, in Britain.

--  Corporacion America Group, an Argentina-based airport operator with 49 airports in seven countries.

-- Global Infrastructure Partners (GIP), which is the controlling investor and active manager of London City Airport, London Gatwick Airport and Edinburgh Airport.

--Great Lakes Airport Alliance, which is a partnership of Macquarie Infrastructure and Real Assets and Ferrovial. Its airport operations include London's Heathrow, Brussels Airport and Copenhagen Airport.

-- Incheon International Airport and Hastings Funds Management, which is the sole owner and operator of Incheon International Airport in South Korea and an investor with 16 airport-related investments.

--  Industry Funds Management and Manchester Airport Group, an investor with interests in 13 airports, including Melbourne Airport and Brisbane Airport, both in Australia, and operator of Manchester Airport and East Midlands Airport, in Britain.

If the city moves forward and seeks proposals, a privatization plan could be submitted to the City Council this summer.

This is the second time Chicago has looked at privatizing Midway. A 99-year lease that would have brought in $2.5 billion died in 2009 when the financial markets froze. That deal had drawn six serious bidders.

Mayor Rahm Emanuel has said any second attempt would have to provide city taxpayers with a better deal than the widely criticized 75-year agreement to privatize parking meter operations, carried out during former Mayor Richard Daley's administration. Proceeds from the earlier deal were used to plug operating deficits, and meter rates rose sharply.

This time, proposed leases must be less than 40 years, which locks in the city for a shorter period.

Rather than making only an upfront payment, the private operator also must share revenue with the city on an ongoing basis. Initial proceeds would be used to pay down debt issued since 1996 to rebuild the airport, the mayor's office said. There is about $1.4 billion in outstanding debt.

Longer term, cash flow would be directed to city infrastructure needs. The mayor has pledged proceeds would not be used to pay for city operations.

kbergen@tribune.com






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Drew Peterson transferred from Will County jail to Stateville









Drew Peterson’s new life as an Illinois Department of Corrections inmate has begun.


Peterson was transferred this morning to the Stateville Correctional Center near Crest Hill,  where he will be evaluated for placement based upon factors such as his conviction, length of sentence, program needs and medical and mental health requirements.


The Will County jail – which has held Peterson in solitary confinement since his May 2009 arrest for his own safety – had the paperwork prepared for his transfer by the time he returned from his sentencing hearing Thursday, officials said.








The sheriff’s department, which oversees the jail, kept the former Bolingbrook police sergeant segregated from the general population there amid concerns that his high-profile case and law-enforcement background would make him a target of inmates looking to build tough-guy reputations.


Jail supervisors began preparing Peterson at 8:30 a.m. and he left without incident by 9:22 a.m., officials said.


Drew Peterson wanted to make sure he was heard when he was given one last chance to speak Thursday, shortly before being sentenced to 38 years in prison for the murder of his third wife, Kathleen Savio.

Declining to speak from the defense table, where there was no microphone, the former Bolingbrook police sergeant shuffled to the witness stand in his jail-issued blue scrubs and orange shoes and began quietly.


"I hope I don't aggravate the situation," he turned and told the judge. Then Peterson screamed into the microphone, "I did not kill Kathleen!" startling almost everyone in the courtroom.


"Yes, you did!" Savio's sister Sue Doman yelled back from the gallery, prompting Will County Circuit Judge Edward Burmila to order her out of the courtroom.


It was an odd end to a case replete with oddities and circuslike sideshows. For the next 40 minutes, Peterson cried, raged and whispered, challenged the state's attorney to look him in the eye and indulged in self-pity as he unleashed his multitudinous thoughts like a character in a Dostoevsky novel.


The 59-year-old said he expects to die in prison. Barring any successful appeal, he won't be eligible for release until he's 93.


Peterson claimed that lies and mistakes by witnesses, prosecutors and police led to his conviction, and made disparaging remarks about Savio's family, attorneys and others involved in the case. His defense attorneys called the monologue an impassioned plea for leniency, but prosecutors said it was proof that Peterson is a psychopath.


"When he got up on the stand and (in) that shrill, kinda-feminine screech that he didn't kill Kathy — that's the guy that killed Kathy," Will County State's Attorney James Glasgow said. "You got a glimpse into his soul."


But in describing himself on the stand Thursday, Peterson said he was maligned and misunderstood.


"Until this happened, I thought I was viewed as a great guy," Peterson said, giving a litany of public and private good deeds before announcing he planned to tattoo the phrase "No good deed goes unpunished" across his shoulders.


"The state took an accident and staged a homicide," Peterson said, before turning to the judge. "Can I get some water?"


Once refreshed, Peterson said he had upheld the oath he swore when he became a police officer.


"I always took my job seriously, I never violated the public trust," he said, his voice husky with emotion before quoting one of the Ten Commandments. "And I never beared false witness against anyone."


"I think the only thing left to make this case run true to form," he told Burmila, stopping to take a tissue and wipe his nose, "would be a cruel and unusual punishment. And I don't think anybody would care, because nobody cares. I can't believe I spent 32 years defending a constitution that allowed this to happen to me."


It's not uncommon for a defendant to lash out against those who put them behind bars. It is rare, however, for defendant to offer a long, extemperaneous speech that both walks the court through the evidence and ilicits angry outbursts from the victims' families.


Peterson accused the state's attorney's office, state police, Savio's family and even Lifetime TV of being part of various conspiracies to wrongfully convict him. Last year, Lifetime TV aired a movie about Peterson with Rob Lowe playing the suburban police officer. Peterson said the "ridiculous movie" denied him a right to a fair trial and included statements he'd made to state police.





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Nevada legalizes first interstate online poker


(Reuters) - Nevada has become the first U.S. state to legalize interstate online poker and allow state-to-state gaming agreements, beating New Jersey to the punch and putting in place a potential nationwide framework for Internet wagering.


Republican Governor Brian Sandoval signed the landmark bipartisan bill into law on Thursday, authorizing his office to enter into agreements with other states that will in effect allow Nevada-based companies to host interactive gambling for residents of other states.


A number of companies have already been granted Nevada licenses for online poker, but were prepared to be limited to serving Nevada residents. Applicants include social gaming leader Zynga Inc. Shares in Zynga leapt as much as 7.4 percent on Friday.


With the bill, Nevada - home to Las Vegas, the world's second-largest gambling hub - wants to pave the way for national Internet wagering even though efforts at federal regulation have stalled. Established companies including MGM Resorts and Wynn Resorts hope they can add new customers and pitch online players to come to Vegas.


"This bill is critical to our state's economy and ensures that we will continue to be the gold standard for gaming regulation," Sandoval said in a statement after signing the bill on Thursday.


The bill removes a provision requiring federal legislation or Department of Justice approval before online gaming licenses are made active, according to Nevada's statement.


Nevada Assembly Majority Leader William Horne, a Democrat from Las Vegas, told Reuters that he expects online poker to be the first of multiple online gambling offerings to residents of other states.


"Initially it'll be starting with online poker, but certainly the infrastructure is set up for various interactive gaming," Horne said.


"There are approximately a half-dozen companies already licensed to do this in our state," Horne added. "We anticipate that to grow significantly."


Horne said it is too early to say how much Nevada, which relies heavily on tourists spending money at its resorts and in its casinos, will see in the way of revenue from its initiative, which relies on compacts with other states.


"We recognize that online gaming worldwide has generated in excess of $5 billion," Horne said. "Going forward we anticipate being competitive in this area."


Nevada's legislation comes as New Jersey - home to Atlantic City - considers a similar move to legalize online gambling. Republican Governor Chris Christie rejected a measure earlier this month that would have allowed Internet gambling, but has said he would consider approving such a law if it was framed properly.


A RISING TIDE


Many industry players hope that a tide of such proposed legislation will sweep through states across the country, opening a massive new online market.


The bills follow a 2011 declaration by the U.S. Justice Department that only online betting on sporting contests broke federal law. That opened the door for states to legalize some forms of online gambling.


Although widespread legalization appears years away at the minimum, obtaining a license in Nevada would be a meaningful start for the nationwide aspirations of entrants such as Zynga, especially if they can offer games to those in other states.


Zynga, which runs one of the world's largest online communities of poker players, is hoping that a lucrative real-money market could make up for a steep slide in revenue from games like "FarmVille" that are losing players but still generate the bulk of its sales.


The Nevada signing came after a joint Judiciary committee hearing on Thursday morning and approval by the legislature in the afternoon.


(Reporting by Ian Simpson in Washington, D.C. and Jim Christie in San Francisco; Editing by Joseph Menn, Paul Thomasch and Phil Berlowitz)



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Oscar Pistorius gets bail as murder trial looms


PRETORIA, South Africa (AP) — Oscar Pistorius walked out of a South African court Friday a free man — for now — after a magistrate agreed to release him on bail ahead of his premeditated murder trial over the shooting death of his girlfriend.


But even as he was driven away from court and chased by videographers and photographers, questions continued to hound the Paralympian about what actually happened when he opened fire on Valentine's Day inside his home and killed Reeva Steenkamp.


Chief Magistrate Desmond Nair, who agreed to bail with harsh restrictions for the athlete, expressed his own doubts about Pistorius' story. Those questions, highlighted at a four-day bail hearing that at times foreshadowed his coming trial, come from Pistorius' account that he felt threatened and mistook Steenkamp for an intruder when he fired the four shots at her in his bathroom.


"Why would (Pistorius) venture further into danger?" Nair asked.


Pistorius' supporters shouted "Yes!" when Nair made his decision after a nearly two hour explanation of his ruling to a packed courtroom in Pretoria, South Africa's capital. Yet when prosecutors and the defense said they agreed to bail terms, Nair more than doubled those conditions for the 26-year-old runner to be free ahead of trial.


Nair set the bail at 1 million rand ($113,000), with $11,300 in cash up front and proof that the rest is available. The magistrate said Pistorius must hand over his passports and also turn in any other guns that he owns. Pistorius also cannot leave the district of Pretoria without the permission of his probation officer, Nair said, nor can he take drugs or drink alcohol.


Pistorius' family members hugged each other after the decision was read, with tears in their eyes.


"We are relieved at the fact that Oscar got bail today but at the same time we are in mourning for the death of Reeva with her family," said Pistorius' uncle, Arnold Pistorius. "As a family, we know Oscar's version of what happened on that tragic night and we know that that is the truth and that will prevail in the coming court case."


Sharon Steenkamp, Reeva's cousin, had said earlier that the family wouldn't be watching the bail decision and hadn't been following the hearing in Pretoria.


"It doesn't make any difference to the fact that we are without Reeva," she told The Associated Press.


Nair set Pistorius' next court appearance for June 4. The Olympian left the courthouse in a silver Land Rover, sitting in the rear, just more than an hour after the magistrate imposed the bail conditions. The vehicle, tailed by motorcycles carrying television cameramen aboard, later pulled into the home of Pistorius' uncle.


Pistorius left behind more than a dozen international and local television crews at the red-brick courthouse. It's a sign of the growing global fascination with a case involving an inspirational athlete and his beautiful, law-school graduate girlfriend, who was a model and reality TV show contestant.


During Friday's long session in Pretoria Magistrate's Court, Pistorius alternately wept and appeared solemn and more composed, especially toward the end as Nair criticized police procedures in the case and as a judgment in Pistorius' favor appeared imminent. He showed no reaction as he was granted bail.


Before the hearing, Pistorius' longtime coach Ampie Louw said he hoped to put his runner back into his morning and afternoon training routine if he got bail.


"The sooner he can start working the better," said Louw, who was the person who convinced the double-amputee to take up track as a teenager a decade ago. But he acknowledged Pistorius could be "heartbroken" and unwilling to immediately pull on his carbon-fiber running blades, the reason behind his "Blade Runner" nickname.


There is one place, however, where Nair ordered that Pistorius cannot go: His upscale home in a gated community in the eastern suburbs of Pretoria, where he killed Steenkamp in the predawn hours of Feb. 14.


Pistorius said in a sworn statement to the court that he shot his girlfriend accidentally, believing she was an intruder in his house. He described "a sense of terror rushing over" him and feeling vulnerable because he stood only on his stumps before opening fire.


Prosecutors, however, say he intended to kill Steenkamp, saying the shooting followed a loud argument between the two. Yet despite poking holes in Pistorius' statement — they questioned why he didn't notice his girlfriend missing despite walking past the bed and brought up incidents that they said highlighted his temper — their case unraveled through testimony by the police's lead investigator in the case, Detective Warrant Officer Hilton Botha.


Botha, who faces seven charges of attempted murder in an unrelated incident, was removed from the case Thursday. His replacement, the nation's top detective Vinesh Moonoo, stopped briefly by the hearing Friday. Prosecution spokesman Medupe Simasiku said later Friday: "We're still confident in our case."


While Nair leveled harsh criticism at Botha for "errors" and "blunders," he said one man does not represent an investigation and that the state could not be expected to put all "the pieces of the puzzle" together in such a short time. The magistrate questioned whether Pistorius would be a flight risk and be prepared to go "ducking and diving" around the world when he stood to lose a fortune in cash, cars, property and other assets.


Pistorius faced the sternest bail requirements in South Africa because of the seriousness of the charge. His defense lawyers had to prove that he would not flee the country, would not interfere with witnesses or the case and his release would not cause public unrest. They also had to show "exceptional" circumstances for his release as well, something Nair said could be found in the "weak" case offered by prosecutors.


Yet the magistrate still anticipated the shape of the state's case at trial. Nair said he had serious questions about Pistorius' account: Why didn't he try to locate his girlfriend on fearing an intruder was in the house? Why didn't he try to determine who was in the bathroom? And why would he venture into perceived "danger" — the bathroom area — when he could have taken other steps to ensure his safety?


Touching those unanswered questions, Nair said: "There are improbabilities which need to be explored."


___


AP Sports Writer Gerald Imray contributed to this report from Johannesburg.


___


Jon Gambrell can be reached at www.twitter.com/jongambrellAP .


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FDA approves new targeted breast cancer drug


WASHINGTON (AP) — The Food and Drug Administration has approved a first-of-a-kind breast cancer medication that targets tumor cells while sparing healthy ones.


The drug Kadcyla from Roche combines the established drug Herceptin with a powerful chemotherapy drug and a third chemical linking the medicines together. The chemical keeps the cocktail intact until it binds to a cancer cell, delivering a potent dose of anti-tumor poison.


Cancer researchers say the drug is an important step forward because it delivers more medication while reducing the unpleasant side effects of chemotherapy.


"This antibody goes seeking out the tumor cells, gets internalized and then explodes them from within. So it's very kind and gentle on the patients — there's no hair loss, no nausea, no vomiting," said Dr. Melody Cobleigh of Rush University Medical Center. "It's a revolutionary way of treating cancer."


Cobleigh helped conduct the key studies of the drug at the Chicago facility.


The FDA approved the new treatment for about 20 percent of breast cancer patients with a form of the disease that is typically more aggressive and less responsive to hormone therapy. These patients have tumors that overproduce a protein known as HER-2. Breast cancer is the second most deadly form of cancer in U.S. women, and is expected to kill more than 39,000 Americans this year, according to the National Cancer Institute.


The approval will help Roche's Genentech unit build on the blockbuster success of Herceptin, which has long dominated the breast cancer marketplace. The drug had sales of roughly $6 billion last year.


Genentech said Friday that Kadcyla will cost $9,800 per month, compared to $4,500 per month for regular Herceptin. The company estimates a full course of Kadcyla, about nine months of medicine, will cost $94,000.


FDA scientists said they approved the drug based on company studies showing Kadcyla delayed the progression of breast cancer by several months. Researchers reported last year that patients treated with the drug lived 9.6 months before death or the spread of their disease, compared with a little more than six months for patients treated with two other standard drugs, Tykerb and Xeloda.


Overall, patients taking Kadcyla lived about 2.6 years, compared with 2 years for patients taking the other drugs.


FDA specifically approved the drug for patients with advanced breast cancer who have already been treated with Herceptin and taxane, a widely used chemotherapy drug.


Kadcyla will carry a boxed warning, the most severe type, alerting doctors and patients that the drug can cause liver toxicity, heart problems and potentially death. The drug can also cause severe birth defects and should not be used by pregnant women.


Kadcyla was co-developed by South San Francisco-based Genentech and ImmunoGen Inc., of Waltham, Mass. ImmunoGen developed the technology that binds the drug ingredients together and is scheduled to receive a $10.5 million payment from Genentech on the FDA decision. The company will also receive additional royalties on the drug's sales.


Shares of ImmunoGen Inc. slipped 8 cents to $14.22 in afternoon trading. They have traded in a 52-wek range of $10.85 to $18.10.


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'Parade's End' keeps British TV invasion going


LOS ANGELES (AP) — Tom Stoppard is sitting on the patio of a Sunset Boulevard hotel, bathed in California winter sunshine, framed by bamboo landscaping and looking very much out of his element in Hollywood.


The acclaimed British playwright professes to feeling that way as well, despite having pocketed a Writers Guild of America lifetime achievement award the night before for his screenplays, including the Oscar-winning "Shakespeare in Love."


"I was always nervous coming here. The first time I was terrified," he said. "I'm trying not to sound nauseatingly self-deprecating, but I don't think of myself as being a terrific screenwriter or even a natural screenwriter."


Combine that, he said, with the local entertainment industry's perception that "I'm some different kind of animal," a high-minded artist to whom the words "intellectual" and "philosophy" are freely applied.


But if Hollywood can be forgiven anything, it should be that. Stoppard has created a remarkable wealth of two dozen-plus plays, including "Rosencrantz and Guildenstern Are Dead," ''Travesties" and "The Real Thing," and he's counting on more.


He looks like a proper man of letters, with unkempt gray hair, a comfortably unstylish cardigan and a delicately shaped mouth that hesitates, slightly, before dispensing exacting thoughts on the art of writing (without pretension: he relishes a snippet of "Ghostbusters" dialogue.)


Stoppard also is the master behind "Parade's End," a five-part HBO miniseries (airing Tuesday through Thursday, 9 p.m. EST) that was lauded by U.K. critics as "the thinking man's 'Downton Abbey'" after its BBC airing.


Adapted by Stoppard from a series of novels by British writer Ford Madox Ford, "Parade's End" features rising stars Benedict Cumberbatch ("Sherlock Holmes" and the upcoming "Star Trek" movie) and Rebecca Hall ("Vicky Cristina Barcelona") in the juiciest of roles.


Like PBS' "Downton Abbey," it's set in the early 20th century among aristocrats and encompasses World War I's shattering effect on the social order. Romance is provided by the triangle of Cumberbatch's tradition-bound Christopher, his unfaithful wife, Sylvia (Hall), and a suffragette (Australian newcomer Adelaide Clemens). The uniformly impressive cast includes Janet McTeer, Miranda Richardson, Roger Allam and Rupert Everett.


Stoppard rejects the oft-made comparison to PBS' "Downton" as unfair to it and its writer-creator, Julian Fellowes: "I was embarrassed by it because it's so condescending of Julian's work. He's a good writer and he's done a superlative job," he said. It's also a misguided comparison because "Downton" is heading toward season four and "Parade's End" is "five episodes and that's it, forever."


The self-effacing Stoppard leaves it at that. But there's a wider gap between the two: "Downton" is an easy-to-digest soap opera, while "Parade's End" is a challenging, nuanced view of a slice of British society and a set of singular characters, all dressed to the nines in the heady language of literature.


"There's a wonderful richness to the language and a beauty, which I think is the brilliance of Tom Stoppard, and also this very beautiful language of Ford Madox Ford," said director Susanna White.


The heedless, acid-tongued Sylvia has dialogue to relish, something Stoppard cannot resist.


"The line I like best comes straight from Ford: (the public) likes 'a whiff of sex coming off our crowd, like the steam on the water in the crocodile house at the zoo,'" he said, adding gleefully, "What a line!"


Although careful to credit the novelist with that particular zinger, Stoppard said "Parade's End" is the first adaptation in which his dialogue and that from the original text have become intertwined in his memory.


He attributes that to the year he spent forming Ford's intricate novels into a screenplay, often crafting original scenes, and the several more years he spent helping bring the series to fruition with the producers and White ("Generation Kill").


"It's the closest thing to writing a play which isn't a play that I have ever been involved with," he said.


The stage has been the Czech-born Stoppard's chief occupation since leaving journalism in his 20s. But he's made a number of detours into film, either as a screenwriter or a behind-the-scenes script doctor. His latest big-screen project is the adaptation of "Anna Karenina" with Keira Knightley.


Stoppard's insistence that he isn't an outstanding scriptwriter stems, in part, from his reticence. Then there's what he calls the differing "schools of eloquence" represented by film and plays.


"I envy and admire movies which are eloquent without recourse to long speeches," he said, citing several lines to illustrate his point. One comes from "The Fugitive" ("I don't care," Tommy Lee Jones says after Harrison Ford insists he didn't kill his wife), another from "Ghostbusters."


Bill Murray is confronted by "this kind of Amazonian ghost goddess, spooky thing, and he goes, 'This chick is toast,'" Stoppard said, with a delighted smile.


"It's the sense that precisely the right words have been uttered," he explained.


That's how fellow scribes feel about him. One L.A. film and TV writer said she regularly rereads the famed cricket-bat speech from "The Real Thing," about the challenge of writing, for joy and inspiration: "If you get it right," the character Henry says, "the cricket ball will travel two hundred yards in four seconds, and all you've done is give it a knock like knocking the top off a bottle of stout, and it makes a noise like a trout taking a fly. What we're trying to do is to write cricket bats, so that when we throw up an idea and give it a little knock, it might travel."


For now, the right words for Stoppard would be those of a new play, the first since "Rock 'n' Roll" from seven years ago. He has no regrets about immersing himself in "Parade's End," but is ready for the solitude needed to find the right story for the stage.


He used to steal away to a house in France until the air travel became too much. Now he makes do with a "small, shabby cottage an hour-and-a-half from London, which in theory is supposed to be my French house. But it's not far enough away" to evade commitments, social and otherwise. ("I'm Mr. Available," he laments.)


It's welcome assurance to hear the guild lifetime award he received Feb. 17 doesn't signal a halt for Stoppard. It did pull him up short, at least briefly.


"I was quite surprised. Though I am 75, so I shouldn't be surprised. But I haven't thought of stopping yet."


___


Online:


http://www.hbo.com


___


Lynn Elber is a national television columnist for The Associated Press. She can be reached at lelber(at)ap.org and on Twitter (at)lynnelber.


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United not planning on Dreamliner until June
















All Nippon Dreamliner 787


The All Nippon Airways Dreamliner 787 arrives at Mineta San Jose International Airport.
(Gary Reyes/San Jose Mercury News/MCT / January 22, 2013)



























































The parent company of United Airlines says it is taking the Boeing 787 off its schedule through June 5 for all but one of its routes.


United Continental Holdings Inc. said it still plans to use the 787 on its flights between Denver and Tokyo's Narita airport starting May 12. It had aimed to start that route on March 31.


United, currently world's largest airline and the only U.S. customer for the 787, said the timing of that reinstatement will depend on resolution of the Dreamliner's current issues.





The 50 Dreamliners in commercial service were grounded worldwide last month after a series of battery-related incidents including a fire on board a parked plane in the United States and an in-flight problem on another jet in Japan. United had only been flying the plance since November.


Sources told Reuters earlier this week that Boeing Co. has found a way to fix the battery problems that involves increasing the space between the lithium ion battery cells.









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Judge denies new trial for Drew Peterson, sentencing begins









Drew Peterson’s sentencing hearing is underway this afternoon after Judge Edward Burmila denied his request for a new trial.

Peterson, 59, was convicted last fall of drowning his third wife, Kathleen Savio, in her bathtub. The former Bolingbrook police sergeant faces 20-60 years in prison.






Savio’s sister Anna Marie Savio-Doman read a statement as the sentencing hearing began.

“My loss of my baby sister is beyond words. There will be no more birthday parties, backyard gatherings, holiday celebrations or other family activities to share,” she said. “The laughter, hugs, guidance, advice, sense of security and those opportunities to say, ‘I love you’ are forever gone.

“One of the hardest things for me is knowing the pain and fear that Kathleen must have suffered at the time of her murder. The horror and betrayal she must have felt when she realized that someone she had trusted and loved more than anything was actually killer her. I wonder if she could feel her heart breaking when she thought about leaving her two boys forever. The helplessness she must have felt knowing she was going to die.

“I have to say it hurts a lot. I hope it gets better, but I am not confident it will get better. I still talk to her. I hope she can hear me.”

Prosecutors have said they plan to argue that Peterson also killed his fourth wife, Stacy, who went missing in 2007, in asking for the maximum sentence. They also indicated that Peterson’s second wife and estranged oldest son could testify.

Defense attorneys had argued their client deserved a new trial because former lead attorney Joel Brodsky’s inept performance violated Peterson’s right to a fair trial. But Burmila denied their motion earlier this afternoon after two days of arguments.

"It was clear to the court from the very beginning that Mr. Brodsky was out of his depth," Burmila said. But the judge noted that Peterson was represented by five other attorneys. "Each of these attorneys brought something to the table."

As they entered the courthouse this afternoon, Peterson’s attorneys had expressed confidence they would be granted a new trial. Attorneys David Peilet and Steve Greenberg said their arguments regarding ineffective counsel and conflict of interest were powerful reasons to grant a new trial.

“I’m not much of a prognosticator, but if we don’t get a new trial here, we’ll get one from the next court,” said Greenberg.

The hearing on a motion for a new trial began Tuesday and centered primarily on Brodsky's trial decision to call Wheaton divorce attorney Harry Smith, who represented Savio in her bitter divorce fight with Peterson and also fielded a call from Stacy about her divorce options shortly before she vanished.

Smith testified at trial that Stacy had asked him if the fact that Peterson killed his third wife could be used as leverage in a divorce.

Several jurors said after trial that the testimony convinced them of Peterson's guilt. There was no physical evidence tying Peterson to Savio's death, which was initially treated as an accident.

“It was an awful decision,” defense attorney Steve Greenberg argued in court. “It ruined the case -- we brought out the worst possible evidence, and the best evidence for the state.”

The defense also argued that media licensing contracts -- that included a movie and book deal – meant Brodsky had a conflict of interest in seeking the best possible outcome for Peterson in the case.

The unorthodox defense motion included several odd moments, including Brodsky taking the witness stand to be questioned by his former defense team nemesis Steve Greenberg. Brodsky sued Greenberg for libel earlier this month. Later, the defense tried to call Will County State’s Attorney James Glasgow to the witness stand, but the judge would not allow it.

On Wednesday, Brodsky had a roughly five-minute conversation with Stacy Peterson’s sister Cassandra Cales. Cales declined to talk about the conversation.

“We were just discussing how to make sure that her sister Stacy isn't forgotten after Drew goes away,” Brodsky said.

mwalberg@tribune.com
sschmadeke@tribune.com





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Sony seeks head start over Microsoft with new PlayStation


NEW YORK (Reuters) - Sony Corp said it will launch its next-generation PlayStation this year, hoping its first video game console in seven years will give it a much-needed head start over the next version of Microsoft's Xbox and help revive its stumbling electronics business.


The new console will have a revamped interface, let users stream and play video games hosted on servers, and allow users to play while downloading titles as well as share videos with friends. Its new controller, dubbed DualShock 4, will have a touchpad and a camera that can sense the depth of the environment in front of it.


Sony, which only displayed the controller but not the console, said on Wednesday the PlayStation 4 would be available for the year-end holiday season and flagged games from the likes of Ubisoft Entertainment SA and Activision Blizzard Inc, whose top executives also attended the glitzy launch event.


It did not disclose pricing or an exact launch date.


Sony's announcement comes amid industry speculation that Microsoft Corp is set to unveil the successor to its Xbox 360 later this summer. The current Xbox 360 beats the seven-year-old PlayStation 3's online network with features such as voice commands on interactive gaming and better connectivity to smartphones and tablets.


But all video game console makers are grappling with the onslaught of mobile devices into their turf.


Tablets and smartphones built by rivals such as Apple Inc and Samsung Electronics Co Ltd already account for around 10 percent of the $80 billion gaming market. Those mobile devices, analysts predict, will within a few years be as powerful as the current slew of game-only consoles.


"It looks good and had a lot of great games but the industry is different now," Billy Pidgeon, an analyst at Inside Network Research, said of the new PlayStation.


"It'll be a slow burn and not heavy uptake right away."


MIGRATION TO MOBILE


Console makers will also have to tackle flagging video game hardware and software sales, which research firm NPD group says have dropped consistently every month over the last year as users migrate to free game content on mobile devices.


PlayStation 4 will have an app on Android and Apple mobile devices that connects to console games and can act as a second screen, Jack Tretton, President and CEO of Sony Computer Entertainment of America, said in an interview.


"Playstation 4 ... really connects every device in the office and the smartphone and the tablet out there in the world," Tretton said.


The console, which has been in development for the last five years, will have 8 GB of memory and will instantly stream game content from the console to Sony's handheld PlayStation Vita through a feature called "Remote Play," the company said.


"What Sony is banking on is the ease of the use of this system," Greg Miller, PlayStation executive editor at video game site IGN.com, said.


After six years, Sony PlayStation sales are just shy of Xbox's 67 million installed base and well behind the 100 million Wii consoles sold by Nintendo Co Ltd, according to analysts.


Tretton said it would be a big undertaking to manufacture and distribute the console in Sony's four major markets by the end of the year, adding that it would be a "phased rollout" that starts before the end of the year.


Sterne Agee analyst Arvind Bhatia predicted Sony would probably get a couple of million units of the PlayStation 4 out by the 2013 holiday season and 7 million or 8 million out a year later.


Sony also announced a strategic partnership with video game publisher Activision Blizzard to take its Diablo III game to the PlayStation 4 and PlayStation 3 consoles.


Activision's upcoming sci-fi shooter game "Destiny" in development by its Bungie Studio will also be available on PlayStation consoles.


(Editing by Gary Hill, Bernard Orr and Edwina Gibbs)



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David Gregory re-ups as 'Meet the Press' host


NEW YORK (AP) — NBC News says David Gregory has re-upped as host of "Meet the Press."


The network shared few details Thursday, describing the new deal as "a long-term commitment."


Gregory called it "a great vote of confidence from NBC."


He said his first four years in the moderator's chair passed quickly. He added: "It feels like we're just getting started."


The 42-year-old Gregory began as host of the Sunday morning public-affairs program in December 2008. He succeeded the late Tim Russert.


Before that, Gregory was chief White House correspondent during the presidency of George W. Bush. Gregory joined NBC News in 1995.


Gregory is only the 10th permanent host of "Meet the Press," which is the longest-running program on network television. It premiered in 1947.


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United takes Dreamliner off schedule until June
















All Nippon Dreamliner 787


The All Nippon Airways Dreamliner 787 arrives at Mineta San Jose International Airport.
(Gary Reyes/San Jose Mercury News/MCT / January 22, 2013)



























































The parent company of United Airlines says it is taking the Boeing 787 off its schedule through June 5 for all but one of its routes.


United Continental Holdings Inc. said it still plans to use the 787 on its flights between Denver and Tokyo's Narita airport starting May 12. It had aimed to start that route on March 31.


United, currently world's largest airline and the only U.S. customer for the 787, said the timing of that reinstatement will depend on resolution of the Dreamliner's current issues.





The 50 Dreamliners in commercial service were grounded worldwide last month after a series of battery-related incidents including a fire on board a parked plane in the United States and an in-flight problem on another jet in Japan. 


Sources told Reuters earlier this week that Boeing Co. has found a way to fix the battery problems that involves increasing the space between the lithium ion battery cells.









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Jackson Jr. admits life of luxury with campaign cash

Jesse Jackson Jr. pleads guilty to misusing campaign funds.









Former U.S. Rep. Jesse Jackson Jr. pleaded guilty this morning to conspiring with his wife, former Ald. Sandi Jackson, to siphon about $750,000 in federal campaign funds for the couple’s personal use, and could face years in prison.

Sandi Jackson was scheduled to plead guilty this afternoon to a single charge of tax fraud tied to the same allegations that the couple repeatedly tapped the ex-congressman’s campaign fund, used the money for personal use and then made fraudulent campaign and tax disclosures to cover up the misconduct.


Documents filed with Jackson Jr.'s plea agreement state that in January 2006, Jackson Jr. personally opened a bank account under the name “Jesse Jackson Jr. for Congress," and the following year withdrew $43,350 he used to buy a gold Rolex watch.

Between 2007 and 2011, he withdrew more than $14,000 to pay down personal credit cards, prosecutors stated. Between 2005 and April 2012, he was using campaign funds to fund a life of luxury, according to the documents.

“These expenditures included high-end electronic items, collector’s items, clothing, food and supplies for daily consumption, movie tickets, health club dues, personal travel and personal dining expenses,” the court filing states.


About 3,100 personal purchases were made on campaign credit cards, totaling $582,772.58, prosecutors said.








They included more than $4,000 on a cruise and $243 at a Build-a-Bear workshop. “Records from Best Buy reveal that defendant purchased multiple flat-screen televisions, multiple Blu-Ray DVD players, numerous DVD’s for his Washington, D.C. home,” the records state.


Prosecutors said $60,000 was spent on restaurants, nightclubs and lounges; $31,700 on personal airfare; $16,000 on sports clubs and lounges; $17,000 on tobacco shops; $5,800 on alcohol; $14,500 on dry cleaning; $8,000 on grocery stores and $6,000 at drug stores.


In one of the more exotic purchases, Jackson used campaign funds in the spring of 2011 to pay a taxidermist in Montana $7,058 for two mounted elk heads to be shipped to his office in Washington. This was the beginning of an FBI sting, according to court documents.

A year after the purchase, the taxidermist was asked to buy the elk heads back or provide the names of people who might buy them or build storage containers for them. This led to an undercover FBI agent offering to pay $5,300 for the heads. The money was to be wired to Jackson’s personal bank account, the documents state.


"Sir, for years I lived in my campaign," Jackson Jr. told U.S. District Judge Robert Wilkins. "I used monies that should have been used for campaign purposes, and I used them for myself personally, to benefit me personally.  And I am acknowledging that that which the government has presented is accurate."


As he entered the courtroom this morning, Jackson Jr. gave his wife Sandi a peck on the cheek and took his seat. At one point he stepped from the defense table and shook hands with a lead FBI agent in the case, Tim Thibault, who was seated with government prosecutors.


Jackson Jr. spoke softly during the hearing and sometimes dabbed his eyes with a tissue. When asked by Wilkins how he would plead, Jackson answered: “I am guilty, your honor.”


Pressed by the judge on whether he was freely entering the plea, the former congressman acknowledged he had been under psychiatric care but said he had not been treated for addiction to alcohol or narcotics.

Asked whether he understood what was happening, he answered, "Sir, I've never been more clear in my life."


Leaving the courtroom, Jackson Jr. told a reporter, "Tell everybody back home I'm sorry I let 'em down, OK?"


At a press conference following the hearing, Jackson Jr. attorney Reid Weingarten said Jackson's health problems contributed to his crimes.

"It turns out that Jesse has serious health issues," he said. "Those health issues are directly related to his present predicament. That's not an excuse, that's just a fact."


As part of the plea deal, the parties have agreed that sentencing guidelines call for a term of between 46 and 57 months in prison, but the sides reserved the right to argue for a sentence above or below that range for him when he is sentenced June 28.


After his release from an expected prison term, he might face three additional years of supervised release, or probation.


Also under the guideline range agreed to by Jackson Jr. and lawyers on both sides, what had been a maximum fine of $250,000 drops to one in the range of $10,000 to $100,000. In addition, he remains subject to a forfeiture of $750,000.


The judge said Jackson could be released before sentencing and ordered him to be processed by the U.S. Marshal's Service, surrender his passport and undergo drug testing while awaiting sentencing.
His attorney asked if Jackson Jr. could be allowed to travel back and forth from Chicago, saying he essentially lived in both places, and the judge agreed.


Jackson entered the anticipated plea in Act One of a two-part drama playing out in federal court not far from the House chamber where he served. Act Two is on tap this afternoon, when his wife, former Chicago Ald. Sandi Jackson, is expected to plead guilty to filing false tax returns.

Jackson Jr. entered a negotiated plea of guilty on one felony count of conspiracy to commit false statements, wire fraud and mail fraud. Prosecutors say he spent campaign contributions to buy luxury items, memorabilia and other goods.

As the Jacksons arrived at federal court in Washington, D.C. this morning, neither responded to questions from reporters. The two stepped out of a black SUV, and Sandi Jackson walked ahead of her husband, carrying a satchel. Jackson Jr. looked up when reporters shouted questions but said nothing and looked down as he went into the building.

Minutes later, his father, the Rev. Jesse Jackson Sr., and other family members walked through the front entrance of the courthouse, their arms linked together.

Jackson Jr., 47, was in the House of Representatives for 17 years until he resigned last November. Sandi Jackson, 49, was a Chicago alderman from 2007 until she stepped down in January. Both are Democrats.

Jackson Jr. began a mysterious medical leave of absence last June for what was eventually described as bipolar disorder. Though he did not campaign for re-election, he won another term last Nov. 6 while being treated at the Mayo Clinic in Minnesota. He left office two weeks later, saying he was cooperating with federal investigators.

Married for more than 20 years, the Jacksons have a 12-year-old daughter and a 9-year-old son. The family has homes in Washington and on Chicago’s South Side.

Washington defense attorney Stan Brand, the former general counsel of the House of Representatives, said Tuesday that Jackson Jr.’s case involved the largest sum of money he’s seen in a case involving personal use of campaign money.

“Historically, there have been members of Congress who either inadvertently or maybe purposefully, but not to this magnitude, used campaign funds inappropriately,” he said.

Earlier this morning, Judge Wilkins disclosed that he had a past link to Jackson Jr.’s father. But both prosecutors and the Jackson defense waived any attempt to transfer the case, the judge noted in a court memorandum.

Wilkins wrote that he has no interest or bias in the case, but disclosed the following:

“In 1988, while a law student, Judge Wilkins served as a co-chair of Harvard Law School students supporting the presidential campaign of Rev. Jesse L. Jackson, Sr., and on October 24, 1988, Judge Wilkins introduced Rev. Jackson when he came to speak at a campus event supporting the presidential candidacy of Governor Michael Dukakis. On March 21, 1999, while an attorney, Judge Wilkins appeared as a guest on a show hosted by Rev. Jackson on the CNN network entitled ‘Both Sides with Jesse Jackson’ to discuss a civil rights lawsuit in which Judge Wilkins was a plaintiff. Judge Wilkins believes that he has spoken to Rev. Jackson only on these two occasions, and he does not believe that he has ever met or spoken to the two defendants in these cases.”


kskiba@tribune.com





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Twitter begins integrating advertising software


SAN FRANCISCO (Reuters) - Twitter Inc said on Wednesday it is opening up its platform to third-party advertising management software, taking another step to establish its ad-based business model ahead of an initial public offering.


The ads application programming interface, or API, would allow advertisers to connect their existing ad management software to their Twitter account to automate ads on the micro-messaging platform.


Twitter said that it would begin by integrating with ad software by Adobe Systems Inc, Salesforce Inc, Hootsuite, SHIFT and TBG Global.


"With the Ads API, marketers now have more tools in their arsenal to help them deliver the right message, to the right audience, on the desktop and on mobile devices — all at scale," Twitter product manager April Underwood wrote in a blog post.


Under pressure to show growing revenues, Twitter in recent years has ramped up its ad-serving capabilities while building a sales staff to woo corporate marketers. The firm said last year it would allow marketers to target Twitter users based on a profile of their perceived interests and by location.


Twitter makes money every time a user clicks or retweets a "promoted" message paid for by an advertiser. The new API would allow great automation for advertisers, who previously had to manually write every promoted tweet.


In 2013, Twitter's ad revenues are expected to grow nearly 90 percent to $545 million, according to eMarketer which noted that Facebook Inc experienced similarly rapid growth after opening its API to advertisers in 2011.


(Reporting By Gerry Shih; Editing by Bernard Orr)



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Armstrong won't interview with USADA


AUSTIN, Texas (AP) — Lance Armstrong won't do a tell-all interview under oath with the U.S. Anti-Doping Agency to reveal everything he knows about the use of performance-enhancing drugs in cycling.


USADA officials had told Armstrong he must speak with them if he wanted to reduce his lifetime ban from sports. Under their offer, Wednesday was the deadline for him to agree to the interview.


Armstrong attorney Tim Herman said that, after two months of negotiations, the cyclist refused participate in a process designed "only to demonize selected individuals."


Armstrong said previously he is willing to participate in an international effort to clean up a sport that is based mostly in Europe.


USADA chief executive Travis Tygart said the agency had expected Armstrong would agree to talk and would be "moving on" without him.


"Over the last few weeks he has led us to believe that he wanted to come in and assist USADA, but was worried of potential criminal and civil liability if he did so," Tygart said. "Today we learned from the media that Mr. Armstrong is choosing not to come in and be truthful and that he will not take the opportunity to work toward righting his wrongs in sport."


For more than a decade, Armstrong denied using performance-enhancing drugs. But last year, USADA released a report that detailed extensive doping on his seven Tour de France-winning teams and stripped him of those titles. Armstrong then admitted last month in an interview with Oprah Winfrey that he doped to win those races.


He still faces several legal challenges.


Armstrong was the subject of a two-year federal grand jury investigation that was dropped a year ago without an indictment, but the Department of Justice is still considering whether to join a federal whistle-blower lawsuit filed by former Armstrong teammate Floyd Landis.


Armstrong also has been sued by a Dallas-based SCA Promotions to recover more than $12 million in bonuses. And he has been sued by The Sunday Times in London to recover a libel judgment that Armstrong won against the paper.


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Obama admin. tackles colonoscopy confusion


WASHINGTON (AP) — The new health law requires that most insurance plans cover all costs for preventive care, including colon cancer screening.


But it didn't turn out to be that simple.


Many patients ended up with a bill when the doctor performing the colonoscopy removed precancerous growths known as polyps. Why the bill? Because a preventive screening had turned into a procedure.


Now the Obama administration is trying to straighten out the confusion: Polyp removal is part of preventive care, and therefore free of charge to the patient.


Health plans also must cover an expensive genetic test for breast cancer if a woman's doctor orders it. And the lowly aspirin for heart trouble is covered too, if prescribed.


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Jane Lynch to star on Broadway in 'Annie'


NEW YORK (AP) — Jane Lynch has something to be gleeful about — she's about to make her Broadway debut.


The "Glee" star said Wednesday she'll be replacing Tony Award-winning actress Katie Finneran as the evil orphanage matron Miss Hannigan in the current revival of "Annie."


"I'm so thrilled I can't see straight," the actress said by phone from her home in Los Angeles. "It's a preposterous fantasy come true."


Lynch, a veteran of Chicago's Steppenwolf Theatre Company, will play Miss Hannigan for eight weeks, from May 16 through July 14. Finneran will depart to film a new NBC comedy series with Michael J. Fox.


"It's a real joy for me to step into her shoes, which are large and scare the hell out of me," said Lynch. "But it's good to be scared. It's good to jump off a cliff."


Lynch will star opposite Lilla Crawford in the title role and Anthony Warlow as Daddy Warbucks. The music by Charles Strouse with lyrics by Martin Charnin contains gems like "You're Never Fully Dressed Without a Smile," ''Tomorrow" and "It's the Hard Knock Life."


Lynch has an Emmy and Golden Globe for playing the track-suited, glee-club-hating cheerleading coach Sue Sylvester on "Glee." Her film credits include "Wreck-It Ralph," ''Three Stooges," ''The 40 Year old Virgin" and "A Mighty Wind."


She said she knows "every breath of this musical," having grown up listening to the cast album with her mother. She recalls seeing the film in the mid-1980s and adoring Carol Burnett, who played Miss Hannigan.


Lynch finds it funny that she'll go from playing a TV teacher who is fond of random acts of terror to a gin-swilling orphanage head to calls her charges "brats," denies them hot mush and threatens "your days are numbered."


"I do a lot of mean people," she said. "I'm the sweetest person you'll ever meet but I do have a fascination with that kind of cruelty that comes from a very, very soft place."


___


Online: http://www.AnnieTheMusical.com


___


Follow Mark Kennedy on Twitter at http://twitter.com/KennedyTwits


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Office Depot to buy OfficeMax

Office Depot to buy Office Max as an attempt to compete with Staples.








Office Depot Inc. and Office Max Inc. have agreed to merge in a $1.17 billion stock transfer, the companies announced Wednesday, ending nearly two hours of confusion about whether a deal had been reached.


Officials at Naperville-based OfficeMax and Office Depot declined to say who would lead the combined company nor where it would be located when the "merger of equals" is completed, likely by the end of the year.

After some confusion early Wednesday, when a draft press release was posted prematurely on the website of Boca Raton, Fla.-based Office Depot's, both companies issued a joint statement at around 8:30 a.m. CT announcing the planned merger. 

"During the appropriated times ... our board will make the right decision,"  OfficeMax President and CEO  Ravi Saligram said of the location and leadership of the combined firm. "Now we're independent companies and we've got to go through lots of processes," he said.

On a conference call with analysts, Office Depot CEO Neil Austrian apologized for the announcement mishap on Wednesday morning.  "Our webcast provider inadvertently released our earnings in advance of schedule," he said.  We regret any inconvenience that this may have caused." 

Saligram and Austrian emphasized that the combination, which will create a company that will do roughly $18 billion in revenue, is a merger of equals.

"This [merger] will create a stronger, more global, more efficient competitor able to meet the growing challenges a rapidly changing industry," said Saligram. 

When combined, OfficeMax and Office Depot, the world's second and third largest office products companies by revenue, will still not eclipse the segment's largest business, Staples Inc.

The pair had combined revenue of about $18.5 billion in the last fiscal year. They expect to save about $400 million to $600 million per year within three years through layoffs, streamlining of back-office functions and combined advertising. They didn't provide details on how many workers would lose their jobs or the fate of OfficeMax's Naperville headquarters.

After days of speculation that a deal was close, a draft of a press release announcing the news was posted prematurely on Office Depot's website early Wednesday morning. More than an hour after it came out, there was still no mention of the merger on either company's website nor on the SEC or other investor websites. Sources cited by the New York Times Wednesday morning said negotiations were ongoing.

Thomson Reuters Corporate Services, which operates various investor relations websites including Office Depot's, took responsibility for the early publication.


"Unfortunately, Thomson Reuters incorrectly posted this morning's announcement of Office Depot's intention to merge with Office Max prior to its intended release," Lemuel Brewster, PR director - investors at Thomson Reuters, said Wednesday afternoon in an email response to an inquiry. "We regret this error and are taking all steps necessary to enhance our processes and controls to ensure this does not happen again."


Office Depot will issue 2.69 new shares of common stock for each outstanding common share of OfficeMax. At Tuesday's closing prices, the deal is valued at $13.50 per share, or $1.17 billion, based on 86.7 million shares outstanding as of Oct. 26.

After the merger is completed, Office Depot's board will consist of an equal number of directors chosen by that company and OfficeMax.

Although the actual announcement didn’t go as planned, the deal has been rumored for years as the struggling office supply sector deals with fickle consumers and businesses that are conserving costs and doing more online.

Analysts say they expect far less pushback from antitrust authorities for this deal than what Office Depot faced in the 1990s, when it tried to merge with Staples, given the changes in the office supply market since then.

Underscoring how tough that business has become, Office Depot reported a fourth-quarter net loss, hurt by a 6 percent decrease in comparable sales at its North American stores and a revenue drop at its unit that serves North American businesses.

Office supply retailers, which are often seen as reflecting overall economic health, have suffered as demand for their products fell in the years after the last U.S. recession led companies to cut spending.

They also face strong competition from the likes of Amazon and Wal-Mart Stores Inc in selling everything from pens and notebooks to furniture and break room supplies to government, businesses and individuals.

SMALL PREMIUM

The offer represented a premium of just under 4 percent to OfficeMax's $13 close. It was not immediately clear if that was enough to satisfy one of the company's largest shareholders, Neuberger Berman, which said earlier this week it would support a deal depending on the terms.

OfficeMax shares rose 9.2 percent to $14.20 in premarket trading. Office Depot was up 10 percent at $5.52, meaning that OfficeMax was still trading below the value of the bid.

The deal, considered long overdue by many on Wall Street, will also give Office Depot and OfficeMax a chance to save hundreds of millions of dollars by closing stores, cutting advertising costs and streamlining their supply chain.

Industry experts have long hoped Office Depot would join hands with OfficeMax to take on Staples, which boosted its international business and clout with suppliers by buying Dutch rival Corporate Express in 2008.

BB&T Capital Markets analyst Anthony Chukumba said the Office Depot-OfficeMax combination would help Staples, however.

"Clearly, you can't make this deal work unless you close a bunch of stores," he said. "Store rationalization is long overdue, and Staples will clearly benefit from just having fewer stores to compete with."

Staples has 39.9 percent of the U.S. office supply market, Office Depot 19.2 percent and OfficeMax holds 15.7 percent, according to Euromonitor International.

Tribune reporter Samantha Bomkamp and Reuters contributed.

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