Award-season hopefuls stop in Palm Springs

PALM SPRINGS, Calif. (AP) — The Award Season Express made its first stop of the new year in the middle of the desert a couple of hours east of Hollywood at the annual Palm Springs International Film Festival gala.

A blast of Golden Globe nominees and Oscar hopefuls walked the press gauntlet Saturday night, including Naomi Watts ("The Impossible"), Helen Hunt and John Hawkes ("The Sessions"), Ben Affleck ("Argo") and "Arbitrage" star Richard Gere, who received the night's so-called Chairman's Award.

"Great," Gere noted with more than a touch of sarcasm. "That's better than the Governors Award?" he inquired, with a chuckle. "What's the pecking order of these awards? I want to know. Am I getting the best award? I'm not going in unless I'm getting the best award!"

Though the 63-year-old Gere has never received an Oscar nomination, there were previous Academy Award winners aplenty at the Palm Springs gala. Among them was Sally Field, the night's honoree for career achievement, including her hard-won role of Mary Todd in director Steven Spielberg's "Lincoln."

"I still can't believe I got the role," Field replied, cracking a smile. "Did I get it?"

Turning serious, she told the black-tie audience she was proud to be part of the film and happy to still be working. "I'm very lucky ... Next year it'll be 50 years that I've been in the business as a professional. It's been a wild ride," she said.

This upcoming week, the Awards Season Express has a bit of a wild ride itself, with the People's Choice show, two critics awards ceremonies and Thursday morning's Oscar nominations.

So how does the phrase "Oscar nominee Bradley Cooper" sound to the "Silver Linings Playbook" actor?

"That would be incredible," Cooper answered, explaining that he just may sleep through the pre-dawn nomination announcements. "Yeah, I'm sure I'll get up, but maybe I'll be asleep. I don't know."

And just three days after the Oscar nominations, it's the 70th annual Golden Globe Awards — a "much, much friendlier" show, exclaimed "Hitchcock" nominee Helen Mirren.

"And it has to do with those tables in still quite a small room," she explained. "They haven't allowed it to get enormous. ... Everybody table jumps and chats. It's always slightly naughty. The hosts are always naughty. I can't wait to have Tina Fey and Amy Poehler doing it. That's going to be such fun."

___

Complete list of 2013 Palm Springs International Film Festival honorees:

__"Argo's" Ben Affleck, Alan Arkin and Bryan Cranston received the Ensemble Performance Award.

__Bradley Cooper, the actor Desert Palm Achievement Award for "Silver Linings Playbook."

__Naomi Watts, the actress Desert Palm Achievement Award for "The Impossible."

__Helen Hunt, Spotlight Award for "The Sessions."

__Helen Mirren, International Star Award for "Hitchcock."

__Mychael Danna, the Frederick Loewe Award for Film Composing for "Life of Pi."

__Richard Gere, Chairman's Award for "Arbitrage."

__Robert Zemeckis Director of the Year Award for "Flight."

__Sally Field ("Lincoln"), Career Achievement Award.

__Tom Hooper, the Sonny Bono Visionary Award for "Les Miserables."

___

Online:

http://www.psfilmfest.org/index.aspx

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Chicago restaurateurs shrug off economic worries

Chicago may have lost a few of its Michelin-starred restaurants in 2012 and waved goodbye to the inimitable Charlie Trotter's, but the higher-end restaurant scene is powering up in ways not seen since prerecession days, according to industry players and observers.

Local operators with a hit or two are embarking on ambitious ventures, though keeping an eye on startup costs and menu prices. A handful of chefs with established followings, among them Curtis Duffy and Iliana Regan, are sticking out their necks with riskier fine-dining ventures. And some prominent out-of-towners are investing on a grand scale, with a Del Frisco's Double Eagle Steakhouse just opened in the former Esquire Theater on Oak Street, and an Italian food and wine marketplace, Eataly, planned for the former ESPN Zone site in River North.

The flurry of activity is seen by some as a signal the economy has stabilized, at least for now.

"People are out spending money again, and corporations are hosting expensive dinners again, and there was a period when that was not happening," said Neil Stern, senior partner at McMillanDoolittle, a retail consultancy. "It affects the high end significantly."

Still, the bubbling of enthusiasm for the upper end of the market is something of an anomaly. The rebound in Chicago restaurant startups across all price ranges is tenuous. The city issued 1,458 new retail food licenses in 2012, only 11 more than in 2010 and below the 1,589 issued in 2007, the year leading into the recession.

Just as there are new arrivals, there were some big losses last year in this notoriously volatile business. Notable exits include Charlie Trotter's, Crofton on Wells, Il Mulino, One Sixtyblue, Pane Caldo and Ria at the Waldorf Astoria, one of several luxury hotels to step away from fine dining.

Weak economic conditions played a role for some, and the forecast for 2013 remains uncertain.

"It's a precarious market, and one economic blip really can take demand out of the market very, very quickly," Stern said.

Still, upscale-restaurant operators are moving ahead, betting on Chicagoans' seemingly endless fascination with food trends, dining out and the city's robust roster of accomplished chefs.

"When I was a child, people would go to each other's homes for a dinner party every week and would rarely go to restaurants — now it is almost the opposite," said David Flom, who with his business partner Matthew Moore hit a grand slam with Chicago Cut Steakhouse in River North, which opened in 2010. Steaks range from $34 to $114; soup, salad, sauces, vegetables and potatoes all are extra.

In December, they opened The Local at the Hilton Suites in Streeterville, a more modestly priced venue where executive chef Travis Strickland, formerly of the Inn at Blackberry Farm, is serving locally sourced comfort food. Meatloaf made with prime dry-aged beef goes for $24, rotisserie chicken pot pie for $22.

"People can use The Local as an everyday restaurant," Flom said. "People can say, 'Let's just grab a burger at The Local.' It doesn't have to be $100 a person, it can be $25."

At Chicago Cut, the average check, per person, is $82, including drinks, versus $44 at The Local, he said.

Industry observer Ron Paul, president and CEO of Technomic Inc., said he is particularly intrigued by the growing strength of such emerging independents, who are nipping at the heels of Lettuce Entertain You Enterprises Inc., even as that homegrown powerhouse continues to churn out winning concepts.

As restaurant real estate broker Randee Becker, president of Restaurants!, put it: "People who are doing north of $8 million to $10 million of sales are expanding in a big way."

After establishing a high-style, large-scale foothold in River North with the opening of Epic in 2009, proprietors Steve Tavoso and Jeff Krogh last fall embarked on a second act in the neighborhood. They engaged prominent chefs — Thomas Elliott Bowman and Ben Roche, who worked together at Moto — but kept their initial investment more modest this time.

Their latest entry, the eclectic Baume & Brix, opened last fall in the former Rumba space, which had most of the necessary mechanical, electrical, plumbing and kitchen elements in place. Startup costs were about $1.5 million, compared with more than $5 million spent to open Epic. "I took raw space (for Epic) — I would never do that again," Tavoso recalled.

Mercadito Hospitality, whose Chicago offerings include high-energy Latin American tapas spots Mercadito and Tavernita, also is watching its pennies on startups, its most recent being Little Market Brasserie in the Talbott Hotel. Led by chef/partner Ryan Poli, the restaurant has quietly opened with a Parisian decor and American small plates. Its grand opening is expected Jan. 18.

"We are aware of the fact the economy is not fully recovered, so we try to keep our expenses down without sacrificing quality," said managing partner Alfredo Sandoval.

The Chicago-based group intends to keep expanding. It just signed a lease at a River North spot with a 4 a.m. liquor license, with plans to open a drinks-focused venue there in 2013.

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Jail escapee appears in court, ordered held without bond

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)

Kenneth Conley's formal return to federal custody this morning at the Dirksen U.S. Courthouse was a far cry from the brazen way he left.

The second half of a daring escape duo who used bedsheets to scale down the façade of a downtown jail last month was pushed into a federal courtroom in a wheelchair, his legs extended and his feet swollen and shoeless. Shoulder bones pushed through his thin white T-shirt and one pinky was secured in a splint.

A short time later, U.S. District Judge Sheila Finnegan ordered Conley be held in custody without bail and set his preliminary hearing for Jan. 17.
Conley spoke only briefly to tell Finnegan he understood the charges against him.

"Yes, your honor," said Conley, who was wan and appeared thinner than in his booking photo.

Conley, a convicted bank robber, was on the lam 18 days before being arrested Friday afternoon in Palos Hills after police there received a call of a suspicious person. Police said Conley had attempted a disguise, wearing a an overcoat, beret and using a cane he didn't need.

Conley fought briefly with police, slugging one officer before he was tackled, authorities said. He was treated at a hospital before being transferred back to the Metropolitan Correctional Center, the jail he busted out of Dec. 18 with his cellmate and fellow convicted bank robber, Joseph "Jose" Banks. Banks was caught two days after the escape.

Conley's attorney, Gary Ravitz, asked Finnegan for permission to use his cell phone camera to document Conley's left foot, which he said was swollen.

Ravitz, who represents Conley on the underlying bank robbery charge, said he did not know the extent of his client's injuries and that he otherwise appeared calm.

"He seemed to be in relatively good spirits, given the situation," Ravitz said.

Conley, 38, allegedly escaped from the jail, located at 71 W. Van Buren Street, while awaiting sentencing after pleading guilty on Oct. 29, 2012, to a 2011 bank robbery of $4,000 in Homewood.

Deputy U.S. Marshals and FBI agents returned to Palos Hills Friday morning to canvass for Conley because of unconfirmed sightings there and his long-standing connections to the area. A 911 call from maintenance workers at a building where Conley is believed to have been sleeping in the basement came in around 3:30 p.m.

The maximum penalty for Conley's escape is five years in prison and a $250,000 fine. The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.

According to court records, Conley has a long criminal history. He has been convicted in Cook County of offenses ranging from retail theft to weapons violations and was sentenced to eight years in prison for an armed robbery in 1996. He also was sentenced to six years in prison in San Diego County for petty theft with a prior conviction, according to California records.

asweeney@tribune.com, jmeisner@tribune.com, sschmadeke@tribune.com

Twitter: @ChicagoBreaking

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Cars, homes smarten up at Vegas tech extravaganza

SAN FRANCISCO/NEW YORK (Reuters) - At the world's largest technology conference that kicks off on Monday, the most intriguing innovations showcased may be gadgets and technology that turn everyday items into connected, smarter machines.

This year's Consumer Electronics Show in Las Vegas promises a new generation of "smart" gadgets, some controlled by voice and gestures, and technology advancements in cars, some of which already let you dictate emails or check real-time gas prices.

Pundits have long predicted that home appliances like refrigerators and stoves will be networked, creating an "Internet of things." With advancements in chips and the ubiquity of smartphones and tablets, it's now happening.

"We've been talking about this convergence of consumer electronics and computers and content for 20 years. It will actually be somewhat of a reality here, in that your phone, your tablet, your PC, your TV, your car, have a capability to all be connected," said Patrick Moorhead, principal analyst at Moor Insights & Strategy.

Despite the absence of tech heavyweights Apple Inc and Microsoft Corp, CES still draws thousands of exhibitors, from giants like Intel Corp and Samsung Electronics Co Ltd to startups hungry for funding.

Wireless chip maker Qualcomm Inc's CEO, Paul Jacobs, opens the festivities with a keynote speech on Monday, taking a spot traditionally reserved for Microsoft, which decided last year to sever ties with the show.

Jacobs said in a recent interview on PBS that he will show how wireless technology will be pushed way beyond smartphones into homes, cars and healthcare.

SMARTER SMARTPHONES

With venues spanning over 32 football fields across Las Vegas -- more than 1.9 million sq. ft. (176,516 sq. meters) -- CES is an annual rite for those keen to glimpse the newest gadgets before they hit store shelves. The show, which started in 1967 in New York, was the launch pad for the VCR, camcorder, DVD and HDTV.

While retailers prowl for products to fill their shelves, Wall Street investors look for products that are the next hit.

Intel and Qualcomm are expected to highlight improvements in "perceptual computing," which involves using cameras, GPS, sensors and microphones to make devices detect and respond to user activity.

"The idea is that if your devices are so smart, they should be able to know you better and anticipate and react to your requirements," said IDC analyst John Jackson.

This year, snazzier TVs will again dominate show space, with "ultra high-definition" screens that have resolutions some four times sharper than that of current displays. The best smartphones will likely be reserved for launch at Mobile World Congress in February.

There will also be a record number of auto makers showing the latest in-vehicle navigation, entertainment and safety systems, from Toyota's Audi to Ford, General Motors and Hyundai. The Consumer Electronics Association has forecast the market for factory-installed tech features in cars growing 11 percent this year to $8.7 billion.

BMW, for one, already provides speech recognition that is processed instantly through datacenters, converted into text and emailed without drivers taking their hands off the wheel. The luxury carmaker also offers data about weather, fuel prices and other items.

"Automotive has been this backwater of technology for a long time. Suddenly, we're seeing a lot of real innovation in automotive technology," Scott McGregor, CEO of chipmaker Broadcom, told Reuters ahead of the show.

(Editing by Edwin Chan and Leslie Gevirtz)

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Saban: Alabama players must put aside 'clutter'

MIAMI (AP) — Two days after team leaders held a players-only meeting, Alabama coach Nick Saban says the Crimson Tide's performance in Monday's BCS championship against Notre Dame will show a lot about whether his players have put aside the "clutter" that comes with their success.

"You fight against human nature a little bit," Saban said Saturday at media day for the title game.

In the past, Saban has taken issue with the phrase "defending champions." He delivered a message of moving on to his players two days after winning last season's BCS title.

He said the gist was: "You guys are not the national champions."

"Other than making you a target," he said, "it doesn't do anything for you."

Alabama is still the target.

Tide players held the meeting because they wanted their teammates to get more focused in practice. Two freshmen linebackers — who aren't part of the playing rotation — were sent home Friday for curfew violations.

No. 2 Alabama is favored by more than a touchdown, which is OK with Fighting Irish coach Brian Kelly.

"Somebody's got to be an underdog," Kelly said during his turn at the podium. "Alabama's got the belt; they deserve to have the belt, and we've got to try to take it from them."

The Tide is seeking its third national title in four years. No. 1 Notre Dame has its own impressive collection but none since 1988.

Kelly hopes to reach that same level Saban has achieved, ensuring that this isn't a one-time opportunity.

"Your program is defined in consistency, and Alabama is that model," he said. "I concede to that. It's where we want to be. We want to be back here next year.

"There's been some commentators that talk about, 'Is Notre Dame for real?' Well, for me, we're for real because we're here. We've won all our games."

Kelly said he gets the vibe that his team is ready for Monday night. He says he doesn't want the "outside, perceived pressure to weigh heavily" on players.

Alabama players have been here and done this, including the hype and sometimes off-the-wall questions of what amounts to a downsized version of the Super Bowl media day.

"I mean, I think it's the media that makes the game so much bigger," Tide quarterback AJ McCarron said "Me personally, I think it's just another game.

"Yeah, you're playing for a national championship, but it's another football game. You know, the field is still 53 yards wide, 100 yards long. Still got to put the ball in the end zone to win the game. I don't really pay too much attention to the title of the game, I guess."

In other words, the label "BCS championship" is just more clutter.

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Ex-film star Bardot may seek Russian nationality

PARIS (Reuters) – Former French screen goddess Brigitte Bardot on Friday threatened to follow Gerard Depardieu in asking for a Russian passport, in protest not at tax hikes, but at the treatment of two circus elephants.

The animals, named Baby and Nepal and owned by a touring circus, are thought to be carrying tuberculosis and were ordered to be put down by a court in Lyon, southern France, on Friday as a precautionary measure.

Bardot’s threat comes a day after fellow actor Depardieu caused a storm in France by becoming a Russian citizen in protest at high tax rates proposed by the Socialist government, which he accuses of penalizing success.

“If those in power are cowardly and impudent enough to kill the elephants… then I have decided I will ask for Russian nationality to get out of this country which has become nothing more than an animal cemetery,” Bardot said in a statement.

Owners Cirque Pinder also said on Friday they would appeal to save the elephants, which first tested positive for tuberculosis in 2010 but have since been kept in a zoo in Lyon away from the general public.

Bardot, who first rose to fame as a screen siren in the 1956 Roger Vadim film “And God Created Woman”, has become an increasingly controversial figure with her outbursts on animal rights, but also on gays, immigrants and the unemployed.

Since retiring from the screen in the 1970s she has become a semi-recluse, devoting herself to her Brigitte Bardot Foundation for animal rights, and has frequently taken aim at Eid al-Adha festivities when Muslims ritually slaughter sheep.

In 2008 she was convicted for a fifth time in 11 years for incitement to religious hatred, over a 2006 tract on Eid al-Adha in which she said the Muslim community in France was “destroying our country by imposing its acts’.

(Reporting By Vicky Buffery, editing by Paul Casciato)

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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Missoni scion on small plane missing in Venezuela

ROME (AP) — Rescue crews used boats and aircraft on Saturday to search for a small plane that disappeared in Venezuela carrying the CEO of Italy's iconic Missoni fashion house and five other people.

But 24 hours after the BN-2 Islander aircraft disappeared from radar screens on its short flight from Venzuela's coastal resort island of Los Roques to Caracas, the capital, no sign of the plane had been found, officials said.

"We have no other news" about the plane carrying Vittorio Missoni, the head of the company; his wife, Maurizia Castiglioni; two of their Italian friends; and two Venezuelan crew members, said Paolo Marchetti, a Missoni SpA official. He spoke briefly to reporters as he left company headquarters in the northern Italian town of Sumirago on Saturday afternoon.

Missoni's younger brother, Luca, who is active in the family-run business, was reportedly traveling to Venezuela on Saturday to monitor search efforts.

"We're holding onto a glimmer of hope," said Oswaldo Scalvenzi , a relative of Elda Scalvenzi, one of the Missoni friends aboard the flight. "Until we can see the wreckage" hope will remain, Scalvenzi told Italian state TV on Saturday night.

The La Repubblica.it, website of the Rome newspaper said Venezuelan aircraft, motorboats and helicopters took off at dawn Saturday to resume the search for the missing plane, which had been suspended on Friday night. The Italian news agency ANSA, reporting from Rome, said a specialized ocean-searching naval vessel also was being deployed.

Vittorio Missoni is the eldest son of the company's founder, Ottavio, who at 91 still follows the business.

The Corriere della Sera newspaper reported that Ottavio and his wife Rosita were at their home in Italy, along with their daughter Angela, creative director of the company, waiting for information about the search. Rosita Missoni designs housewares for the company, and Angela's daughter, Margherita, has been infusing its classic designs with fresh appeal.

The Missoni fashion house, with its trademark zigzag and other geometric patterns in sweaters, scarves and other knitwear, is one of Italy's most famous fashion brands abroad.

Vittorio Missoni played a key role in marketing the Missoni family creations in Asia, especially in Japan, Hong Kong and South Korea as general director of marketing for Missoni SpA. He also spearheaded a push for the company's products in the United States and France. His efforts to expand the brand abroad led Missoni to be dubbed the company's "ambassador."

On Friday, Venezuela's Interior Minister Nestor Reverol said the plane was declared missing hours after taking off from Los Roques, a string of islands popular for scuba diving, white beaches and coral reefs, and where the Missonis and their friends were on vacation.

Vittorio Missoni has been described as an active sportsman and lover of the outdoors. He and his wife and their friends from northern Italy were scheduled to fly back to Italy on Friday, but their internal flight never made it to Caracas.

La Repubblica said the plane disappeared off radar screens shortly after takeoff from Los Roques on what was to been a 90-mile (140-kilometer) flight to the mainland.

The Missoni brand is scheduled to display its latest menswear creations at a fashion show in Milan later this month.

On Jan. 4, 2008, another plane returning to the Venezuelan mainland from Los Roques disappeared with 14 people aboard, including eight Italians. The body of the plane's Venezuelan co-pilot later washed ashore, but despite a search lasting weeks no other victims or the wreckage were found.

In 2009, a small plane returning from Los Roques with nine people aboard plunged into the Caribbean Sea, but all survived.

____

Ian James contributed to this report from Caracas, Venezuela.

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Shares in Jewel parent soar on report of deal

Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Judge: No felony for dad in Facebook posting

Andre Curry, 22, talks about his felony conviction for posting a Facebook photo of his daughter bound and gagged with tape being reduced to misdemeanor domestic battery. (Chris Walker, Chicago Tribune)

A Cook County judge today reversed himself, reducing the conviction to a misdemeanor for a dad who posted a Facebook photo of his 22-month-old bound and gagged with tape.

Judge Lawrence Flood had convicted Andre Curry in November of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him today when he did an abrupt about-face.

In reducing Curry’s conviction to misdemeanor domestic battery, the judge said that after reviewing the law, he found no intent to obstruct the child's breathing. He sentenced Curry to 18 months of probation and ordered him to take parenting classes.

Despite his change of heart, Flood said that Curry showed an extreme "lack of judgment."

"In your rush to show everyone how funny you were, you used...a helpless 22-month-old child who was completely dependent on you as a prop," Flood said. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case."

Curry thanked the judge in a soft voice and apologized to his family.

"I'm sorry for everybody who’s been on the edge of their seats out there," he said. 

Curry, 22, had been free on bond since his felony conviction but had faced up to 7 years in prison before the judge changed his mind.

At trial, Flood had acquitted Curry of unlawful restraint but found him guilty of the two battery counts, saying in a brief ruling that by placing tape over the girl's mouth, he had obstructed her breathing for his own enjoyment.

"To use a child...as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Flood said at the time.

Curry told police he was playing with his daughter one night at their South Side home and used blue painter’s tape to bind her ankles and wrists and cover her mouth. He then snapped a photo and uploaded it on his Facebook page.

Across the top of the photo were the words: "This is wut happens wen my baby hits me back," according to prosecutors and police reports. The message was followed with a winking emoticon.

Family members have said that Curry is playful and the photograph was meant to be a joke.

But the image went viral on the Internet, prompting a flood of calls to police and state child-welfare authorities from Curry’s friends on Facebook and others who had seen it.

After Curry’s felony conviction in November, Curry’s attorney, Sam Adam Jr., blasted prosecutors, saying they had overcharged the case because of the publicity. He said the domestic battery law wasn’t intended to punish a loving parent who made a mistake but didn’t injured his child.

He filed a motion asking Flood to reconsider the verdict, arguing that the judge had incorrectly found that Curry had impeded the child’s breathing or attempted to strangle her, elevating the charge to a felony. The eight-page filing contained innocuous examples of someone having their mouth covered, including one photo of a child playfully holding her hand over the mouth of President Barack Obama during a photo op.

In reversing his ruling today, Judge Flood said he agreed that prosecutors had not proven there was any “intent to strangle” or to keep the child from breathing. The judge cited testimony from both police and Curry’s sister that the tape was over the child’s mouth for only a matter of seconds.

It is extremely rare for a trial judge to overturn his own ruling. Typically, if a case is reversed it comes after an appeal is filed before the Illinois Appellate Court.

After the hearing, Adam, a veteran criminal defense attorney who has tried hundreds of cases at the Leighton Criminal Court Building, estimated he wins only about 1 percent of his motions to reconsider. He said trying to convince a judge he or she was wrong is a tricky maneuver, but that most judges know it’s not a personal attack.

“You have to be very careful when you say, “I think you’re wrong here,’” Adam said. “But I have a client.. I believe in, and I believed that the judge was wrong on what the state proved.”

After the hearing, Curry hugged his pastor, Torrey Barrett, who has hired Curry to mentor other young fathers as part of the KLEO Community Life Center that Barrett runs in the Washington Park neighborhood. Curry said he hoped his story would help others remain a positive force in their children’s lives.

“From the bottom of my heart, I’m sorry for the pain I put everybody through, everyone who had to see that picture,” Curry said.

Asked what he learned from the ordeal, Curry said emphatically, “Think before you do.”

Curry, who spent 39 days in jail before he was freed on bond, said the experience has humbled him but not made him bitter or angry.

“I think for my actions I deserved to be put through this. It was actually a life-learning experience for myself,” he said.

Curry said he knew that as his daughter grows older, she will hear stories about the case and possibly even see the picture. “It’ll just be something we’ll sit back and laugh at as a family like ‘Look what daddy went through for you,’” he said.

He said he was looking forward to seeing his daughter soon. Since his release from jail, Curry was allowed only sporadic, supervised  visits with his daughter. That restriction will be lifted as long as he completes the parenting classes and stays out of trouble.

“I’m gonna pick her up and throw her in the air,” Curry said, smiling. “And I’m going to catch her and spin her around.”

jmeisner@tribune.com

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