Deasy wants 30% of teacher evaluations based on test scores









L.A. schools Supt. John Deasy announced Friday that as much as 30% of a teacher's evaluation will be based on student test scores, setting off more contention in the nation's second-largest school system in the weeks before a critical Board of Education election.


Leaders of the teachers union have insisted that there should be no fixed percentage or expectation for how much standardized tests should count — and that test results should serve almost entirely as just one measure to improve instruction. Deasy, in contrast, has insisted that test scores should play a significant role in a teacher's evaluation and that poor scores could contribute directly to dismissal.


In a Friday memo explaining the evaluation process, Deasy set 30% as the goal and the maximum for how much test scores and other data should count.





In an interview, he emphasized that the underlying thrust is to develop an evaluation that improves the teaching corps and that data is part of the effort.


"The public has been demanding a better evaluation system for at least a decade. And teachers have repeatedly said to me what they need is a balanced way forward to help them get better and help them be accountable," Deasy said. "We do this for students every day. Now it's time to do this for teachers."


Deasy also reiterated that test scores would not be a "primary or controlling" factor in an evaluation, in keeping with the language of an agreement reached in December between L.A. Unified and its teachers union. Classroom observations and other factors also are part of the evaluation process.


But United Teachers Los Angeles President Warren Fletcher expressed immediate concern about Deasy's move. During negotiations, he said, the superintendent had proposed allotting 30% to test scores but the union rejected the plan. Deasy then pulled the idea off the table, which allowed the two sides to come to an agreement, Fletcher said. Teachers approved the pact last month.


"To see this percentage now being floated again is unacceptable," the union said in a statement.


Fletcher described the pact as allowing flexibility for principals, in collaboration with teachers, first to set individual goals and then to look at various measures to determine student achievement and overall teacher performance.


"The superintendent doesn't get to sign binding agreements and then pretend they're not binding," Fletcher said.


When Deasy settled on 30%, his decision was in line with research findings of the Bill & Melinda Gates Foundation, which has examined teacher quality issues across the country. Some experts have challenged that work.


The test score component would include a rating for the school based on an analysis of all students' standardized test scores. Those "value-added" formulas, known within L.A. Unified as Academic Growth Over Time, can be used to rate a school or a teacher's effectiveness by comparing students' test scores with past performance. The method takes into account such factors as family income and ethnicity.


After an aggressive push by the Obama administration, individual value-added ratings for teachers have been added to reviews in many districts. They make up 40% of evaluations in Washington, D.C., 35% in Tennessee and 30% in Chicago.


But Los Angeles will use a different approach. The district will rely on raw test scores. A teacher's evaluation also may incorporate pass rates on the high school exit exam and graduation, attendance and suspension data.


Deasy's action was met Friday with reactions ranging from guarded to enthusiastic approval within a coalition of outside groups that have pushed for a new evaluation system. This coalition also has sought to counter union influence.


Elise Buik, chief executive of the United Way of Greater Los Angeles, said weighing test scores 30% "is a reasonable number that everyone can be happy with."


The union and the district were under pressure to include student test data in evaluations after L.A. County Superior Court Judge James C. Chalfant ruled last year that the system was violating state law by not using test scores in teacher performance reviews.


A lawsuit to enforce the law was brought by parents in Los Angeles, with support from the Sacramento-based EdVoice advocacy organization.


If the "actual progress" of students is taken into account under Deasy's plan, "it's a historic day for LAUSD," said Bill Lucia, the group's chief executive.


All of this is playing out against the backdrop of the upcoming March 5 election. The campaign for three school board seats has turned substantially into a contest between candidates who strongly back Deasy's policies and those more sympathetic toward the teachers union. Deasy supporters praise the superintendent for measures they say will improve the quality of teaching. The union has faulted Deasy for limiting job protections and said he has imposed unwise or unproven reforms.


In the upcoming election, the union and pro-Deasy forces are matched head to head in District 4, with several employee unions behind incumbent Steve Zimmer and a coalition of donors behind challenger Kate Anderson.


Anderson had high praise for Deasy's directive, saying it struck the right balance and that teachers and students would benefit.


Zimmer said that although he understands that principals need guidance, "I worry about anything that would cause resistance or delay in going forward. I hope this use of a percentage won't disrupt what had been a collaborative process."


howard.blume@latimes.com



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Judge sets May trial date for Kardashian divorce


LOS ANGELES (AP) — Kim Kardashian has a due date for her baby and now a trial date for her divorce from NBA player Kris Humphries.


A judge on Friday set a May 6 trial for the reality TV star who wants to end her marriage before July, when her child with Kanye West is due.


Kardashian filed for divorce on Oct. 31, 2011, after she and Humphries had been married just 72 days. Their lavish, star-studded nuptials were recorded and broadcast by E! Entertainment Television.


The trial is expected to last three to five days and could reveal details about Kardashian's reality show empire, which includes "Keeping Up With the Kardashians" and several spinoffs.


Two judges determined Friday that Humphries' lawyers had adequate time to prepare for the trial.


Humphries wants the marriage annulled based on his claim that Kardashian only married him for the sake of her show.


She denies that allegation and says the case should be resolved through what would be her second divorce.


Humphries' attorney Marshall Waller asked for a delay until basketball season is over.


But Superior Court Judge Scott Gordon refused, saying firefighters, police officers, truck drivers and others have to miss work for trials, and Humphries must do the same if necessary.


Waller filed paperwork Thursday to withdraw from the case but didn't mention that development in court and refused to answer any questions about the document on Friday.


Waller said he was still hoping to obtain and review 13,000 hours of footage from Kardashian's reality shows to try to prove the fraud claim but noted he does not yet have an agreement to receive the footage.


Kardashian's lawyer said her client was ready for trial.


"Let's get this case dispensed with," attorney Laura Wasser said.


Humphries has provided a deposition in the case, as have West and Kardashian family matriarch Kris Jenner.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP


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Livestrong Tattoos as Reminder of Personal Connections, Not Tarnished Brand





As Jax Mariash went under the tattoo needle to have “Livestrong” emblazoned on her wrist in bold black letters, she did not think about Lance Armstrong or doping allegations, but rather the 10 people affected by cancer she wanted to commemorate in ink. It was Jan. 22, 2010, exactly a year since the disease had taken the life of her stepfather. After years of wearing yellow Livestrong wristbands, she wanted something permanent.




A lifelong runner, Mariash got the tattoo to mark her 10-10-10 goal to run the Chicago Marathon on Oct. 10, 2010, and fund-raising efforts for Livestrong. Less than three years later, antidoping officials laid out their case against Armstrong — a lengthy account of his practice of doping and bullying. He did not contest the charges and was barred for life from competing in Olympic sports.


“It’s heartbreaking,” Mariash, of Wilson, Wyo., said of the antidoping officials’ report, released in October, and Armstrong’s subsequent confession to Oprah Winfrey. “When I look at the tattoo now, I just think of living strong, and it’s more connected to the cancer fight and optimal health than Lance.”


Mariash is among those dealing with the fallout from Armstrong’s descent. She is not alone in having Livestrong permanently emblazoned on her skin.


Now the tattoos are a complicated, internationally recognized symbol of both an epic crusade against cancer and a cyclist who stood defiant in the face of accusations for years but ultimately admitted to lying.


The Internet abounds with epidermal reminders of the power of the Armstrong and Livestrong brands: the iconic yellow bracelet permanently wrapped around a wrist; block letters stretching along a rib cage; a heart on a foot bearing the word Livestrong; a mural on a back depicting Armstrong with the years of his now-stripped seven Tour de France victories and the phrase “ride with pride.”


While history has provided numerous examples of ill-fated tattoos to commemorate lovers, sports teams, gang membership and bands that break up, the Livestrong image is a complex one, said Michael Atkinson, a sociologist at the University of Toronto who has studied tattoos.


“People often regret the pop culture tattoos, the mass commodified tattoos,” said Atkinson, who has a Guns N’ Roses tattoo as a marker of his younger days. “A lot of people can’t divorce the movement from Lance Armstrong, and the Livestrong movement is a social movement. It’s very real and visceral and embodied in narrative survivorship. But we’re still not at a place where we look at a tattoo on the body and say that it’s a meaningful thing to someone.”


Geoff Livingston, a 40-year-old marketing professional in Washington, D.C., said that since Armstrong’s confession to Winfrey, he has received taunts on Twitter and inquiries at the gym regarding the yellow Livestrong armband tattoo that curls around his right bicep.


“People see it and go, ‘Wow,’ ” he said, “But I’m not going to get rid of it, and I’m not going to stop wearing short sleeves because of it. It’s about my family, not Lance Armstrong.”


Livingston got the tattoo in 2010 to commemorate his brother-in-law, who was told he had cancer and embarked on a fund-raising campaign for the charity. If he could raise $5,000, he agreed to get a tattoo. Within four days, the goal was exceeded, and Livingston went to a tattoo parlor to get his seventh tattoo.


“It’s actually grown in emotional significance for me,” Livingston said of the tattoo. “It brought me closer to my sister. It was a big statement of support.”


For Eddie Bonds, co-owner of Rabbit Bicycle in Hill City, S.D., getting a Livestrong tattoo was also a reflection of the growth of the sport of cycling. His wife, Joey, operates a tattoo parlor in front of their store, and in 2006 she designed a yellow Livestrong band that wraps around his right calf, topped off with a series of small cyclists.


“He kept breaking the Livestrong bands,” Joey Bonds said. “So it made more sense to tattoo it on him.”


“It’s about the cancer, not Lance,” Eddie Bonds said.


That was also the case for Jeremy Nienhouse, a 37-year old in Denver, Colo., who used a Livestrong tattoo to commemorate his own triumph over testicular cancer.


Given the diagnosis in 2004, Nienhouse had three rounds of chemotherapy, which ended on March 15, 2005, the date he had tattooed on his left arm the day after his five-year anniversary of being cancer free in 2010. It reads: “3-15-05” and “LIVESTRONG” on the image of a yellow band.


Nienhouse said he had heard about Livestrong and Armstrong’s own battle with the cancer around the time he learned he had cancer, which alerted him to the fact that even though he was young and healthy, he, too, could have cancer.


“On a personal level,” Nienhouse said, “he sounds like kind of a jerk. But if he hadn’t been in the public eye, I don’t know if I would have been diagnosed when I had been.”


Nienhouse said he had no plans to have the tattoo removed.


As for Mariash, she said she read every page of the antidoping officials’ report. She soon donated her Livestrong shirts, shorts and running gear. She watched Armstrong’s confession to Winfrey and wondered if his apology was an effort to reduce his ban from the sport or a genuine appeal to those who showed their support to him and now wear a visible sign of it.


“People called me ‘Miss Livestrong,’ ” Mariash said. “It was part of my identity.”


She also said she did not plan to have her tattoo removed.


“I wanted to show it’s forever,” she said. “Cancer isn’t something that just goes away from people. I wanted to show this is permanent and keep people remembering the fight.”


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L.A.'s 'Urban Outlaw' selling his custom Porsche 911 accessories









Magnus Walker steps between the scarred carcasses of Porsche 911s lining his garage wall. He pauses and points to a gaping hole where the car's front hood should be.


"Cars in here have to die," he says, "so others can live."


With a chest-length beard and finger-thick dreadlocks, the 45-year-old English immigrant doesn't look like a prototypical buttoned-down Porsche collector. But for more than a decade, Walker has worked in downtown L.A.'s arts district, transforming scrap heaps into one-off custom 911s, earning him the nickname "Urban Outlaw."





"I don't build white glove, Pebble Beach show cars," he says. "I'm building cars for myself."


What once was an expensive obsession may now become a lucrative profession. Already a successful businessman, Walker has started a new company to sell merchandise and the accessories that have become his signature 911 modifications to a cult of followers.


Each of his 911s still has Porsche's trademark large oval headlights, low front hood and sloping teardrop roofline that give the car its legendary silhouette. But Walker's custom touches — drilled-out door handles, trunk lids with horizontal slats cut into the metal — give them a hot rod edge.


His handiwork is on display across the street from the "chop shop" in a showroom-like garage filled with classic Porsche advertisements, rows of vintage license plates and oil-smeared car parts. About a dozen candy-colored 911s from 1964 through 1973 sit parked and ready for the road.


Look closely. No two cars are the same.


There's a 1966 Irish green 911 with wooden interior accents and black vinyl interior. A few steps away is a 1965 silver 911 with a houndstooth interior and Porsche black side stripe. Front and center is a 1972 911 STR decked out in white with red and blue accents and gold wheels.


"I've got to make the next car better than the last one," he said. "I don't chase originality, but if I stumble upon it, I don't turn away."


Walker has never wanted to build 911s to sell them. He's received requests, but he prefers to build them the way he sees fit, in his own time. He sells them when he feels like it, and they fetch $40,000 to $130,000, depending on the rarity of the car.


Some, he can't imagine ever selling.


His innovation has won the admiration of Porsche executives, several of whom visited his shop in November during the Los Angeles Auto Show. Walker now has an open invitation to tour the company's factory in Stuttgart, Germany.


It's high praise from the company, which is known for its strict adherence to the 911's timeless styling. The two-door, rear-engine car is renowned for its simplicity. Its shape has remained virtually unchanged since the first model rolled off assembly lines more than half a century ago.


"We can't go as far as to say we endorse his work. That's pretty hard for a company like ours to say," said Nick Twork, a Porsche spokesman. "But his cars have a unique style, and we have taken notice."


Walker's real skill with modifying 911s doesn't have anything to do with shoehorning in a new engine or gaudy paint jobs. Rather, it's something known as "backdating" to Porsche connoisseurs.


As Porsche's popularity increased after the first 911 in 1964, so did the company's car production. Many of the hand-made or accessory detailing began to disappear.


So Walker applies subtle changes to the cars, such as swapping out a glue-on plastic rearview mirror with a chrome one, or taking out dashboard gauges and recalibrating them.


"You can only look at a stock car so many times," said Manny Alban, president of Porsche Club of America. "What he does is very tasteful. As long as he doesn't stick a Chevy V-8 in the back, we'll be OK with it."


Walker lightens the cars, lowers them closer to the ground and installs a stiffer suspension for aggressive handling — basically building a street version of a 911 race car.





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Former Bell official says he voted for pay raise out of fear









One of the former Bell city leaders accused of plundering the town's treasury by taking oversized salaries testified Thursday that the fat paychecks and other extraordinary benefits that came with the job were all but forced on him.


George Cole, a former steelworker, returned to the witness stand for a second day and testified that he voted for a 12% annual pay raise for a City Council board in 2008 only because he feared retribution from then-City Manager Robert Rizzo.


"He had shown himself to be very vindictive if you crossed him at that time," Cole said. "I was worried that if I didn't vote for this, if I voted against it, he would do whatever he could to destroy the work that was important to me and the community. I knew that was his character."





Cole said it was the most difficult decision he ever made while on the council but was in the best interest of Bell — a city, he said, where he had devoted decades to advocating for new schools and programs for at-risk youths and senior citizens.


Cole, along with Luis Artiga, Victor Bello, Oscar Hernandez, Teresa Jacobo and George Mirabal, is accused of drawing an inflated salary from boards and authorities that rarely met and did little work.


The pay increases for the authorities were placed on the consent calendar — a place for routine and non-controversial items that are voted on without discussion. Cole defended the practice and said the agendas, minutes and staff reports were always available to the public at City Hall and at the library.


"I never tried to hide what we were doing," Cole said.


He also testified that the minutes did not reflect work done for those authorities.


Cole justified his vote for previous City Council pay raises to allow for a more diverse pool of council candidates who could use the money. And when he voted for a council salary increase in 2005, Cole noted that Bell was in a "very strong financial position."


The 63-year-old also told jurors that when he discovered $15,500 had been deposited into a 401(k)-style account for him, he complained. Cole said Rizzo refused to remove the money.


Initially, Cole said, Rizzo was a first-rate city administrator, making improvements such as repairing and keeping streets clean and erecting a protective fence around the city's largest park.


"From the time he started, he was able to accomplish things other managers previous to him said couldn't be done or were unable to do," Cole said.


Cole said the two would sometimes meet for breakfast to discuss city matters. "It was business," he said. "It wasn't two chums getting together."


But when Cole decided to give up his salary during his last year in office, he said it fractured his relationship with Rizzo. When he learned about Rizzo's near-$800,000 salary from a story published in The Times in 2010, he said he felt sick.


"I just felt like the dumbest person in the world that this guy had just pulled one of the biggest cons I've ever seen on, not just me, but on the city of Bell," Cole testified.


Rizzo faces 69 felony corruption charges. He and his former assistant, Angela Spaccia, are expected to go on trial later this year.


Cole's top annual salary was $67,000, his attorney said. At the time, he was earning nearly $95,000 a year as chief executive of the Steelworkers Old Timers Foundation.


In 2004, the city paid the state pension system $36,648 to buy Cole an additional five years of service time. Cole was one of 11 Bell administrators for whom the city bought service time.


CalPERS — the state's largest public pension program — has disallowed the service time the city bought, saying the buy-ins were not council-approved and that a municipality cannot pay for them.


Cole also was among the 40 or so Bell employees who were scheduled to receive additional payments through Bell's own supplemental retirement plan, established in 2003. In combination with the CalPERS pension, the payout was among the best retirement plans for non-safety employees in the state. The council never approved the plan.


jeff.gottlieb@latimes.com


corina.knoll@latimes.com





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Stevie Wonder not happy with Lil Wayne's lyrics


ATLANTA (AP) — Stevie Wonder is not happy with Lil Wayne's vulgar lyrics that reference Emmett Till, a black teen who was killed in 1955 for allegedly whistling at a white woman.


The R&B legend says the rapper's disturbing verse should not have made it beyond the recording studio for the world to hear.


"You can't equate that to Emmett Till," Wonder said. "You just cannot do that. ... I think you got to have someone around you that — even if they are the same age or older — is wiser to say, 'Yo, that's not happening. Don't do that.'"


Wonder, who says he is a fan and friend of Lil Wayne, made the comments when asked what he thought of Lil Wayne's controversial lyrics in an interview Thursday.


On a remix to Future's song "Karate Chop," Lil Wayne compared a rough sex act to the tortuous death of 14-year-old Till in Mississippi, an incident that ultimately helped change the national conversation on race. Following a crude reference to rough sex, Lil Wayne indicates that he wanted to do as much damage as had been done to Till.


Till's family has asked the rapper for an apology, and Epic Records, Future's label, said the official song will not feature the vulgar words and is employing "great efforts" to pull it down.


Wonder, 62, hopes the 30-year-old Grammy winner understands the perspective of the Till family and chooses his words wisely in the future.


"Sometimes people have to put themselves in the place of people who they are talking about," Wonder said. "Imagine if that happened to your mother, brother, daughter or your son. How would you feel? Have some discernment before we say certain things. That goes for me or any other (song)writer."


___


Follow Jonathan Landrum Jr. on Twitter at http://twitter.com/MrLandrum31


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Doctor and Patient: Afraid to Speak Up to Medical Power

The slender, weather-beaten, elderly Polish immigrant had been diagnosed with lung cancer nearly a year earlier and was receiving chemotherapy as part of a clinical trial. I was a surgical consultant, called in to help control the fluid that kept accumulating in his lungs.

During one visit, he motioned for me to come closer. His voice was hoarse from a tumor that spread, and the constant hissing from his humidified oxygen mask meant I had to press my face nearly against his to understand his words.

“This is getting harder, doctor,” he rasped. “I’m not sure I’m up to anymore chemo.”

I was not the only doctor that he confided to. But what I quickly learned was that none of us was eager to broach the topic of stopping treatment with his primary cancer doctor.

That doctor was a rising superstar in the world of oncology, a brilliant physician-researcher who had helped discover treatments for other cancers and who had been recruited to lead our hospital’s then lackluster cancer center. Within a few months of the doctor’s arrival, the once sleepy department began offering a dazzling array of experimental drugs. Calls came in from outside doctors eager to send their patients in for treatment, and every patient who was seen was promptly enrolled in one of more than a dozen well-documented treatment protocols.

But now, no doctors felt comfortable suggesting anything but the most cutting-edge, aggressive treatments.

Even the No. 2 doctor in the cancer center, Robin to the chief’s cancer-battling Batman, was momentarily taken aback when I suggested we reconsider the patient’s chemotherapy plan. “I don’t want to tell him,” he said, eyes widening. He reeled off his chief’s vast accomplishments. “I mean, who am I to tell him what to do?”

We stood for a moment in silence before he pointed his index finger at me. “You tell him,” he said with a smile. “You tell him to consider stopping treatment.”

Memories of this conversation came flooding back last week when I read an essay on the problems posed by hierarchies within the medical profession.

For several decades, medical educators and sociologists have documented the existence of hierarchies and an intense awareness of rank among doctors. The bulk of studies have focused on medical education, a process often likened to military and religious training, with elder patriarchs imposing the hair shirt of shame on acolytes unable to incorporate a profession’s accepted values and behaviors. Aspiring doctors quickly learn whose opinions, experiences and voices count, and it is rarely their own. Ask a group of interns who’ve been on the wards for but a week, and they will quickly raise their hands up to the level of their heads to indicate their teachers’ status and importance, then lower them toward their feet to demonstrate their own.

It turns out that this keen awareness of ranking is not limited to students and interns. Other research has shown that fully trained physicians are acutely aware of a tacit professional hierarchy based on specialties, like primary care versus neurosurgery, or even on diseases different specialists might treat, like hemorrhoids and constipation versus heart attacks and certain cancers.

But while such professional preoccupation with privilege can make for interesting sociological fodder, the real issue, warns the author of a courageous essay published recently in The New England Journal of Medicine, is that such an overly developed sense of hierarchy comes at an unacceptable price: good patient care.

Dr. Ranjana Srivastava, a medical oncologist at the Monash Medical Centre in Melbourne, Australia, recalls a patient she helped to care for who died after an operation. Before the surgery, Dr. Srivastava had been hesitant to voice her concerns, assuming that the patient’s surgeon must be “unequivocally right, unassailable, or simply not worth antagonizing.” When she confesses her earlier uncertainty to the surgeon after the patient’s death, Dr. Srivastava learns that the surgeon had been just as loath to question her expertise and had assumed that her silence before the surgery meant she agreed with his plan to operate.

“Each of us was trying our best to help a patient, but we were also respecting the boundaries and hierarchy imposed by our professional culture,” Dr. Srivastava said. “The tragedy was that the patient died, when speaking up would have made all the difference.”

Compounding the problem is an increasing sense of self-doubt among many doctors. With rapid advances in treatment, there is often no single correct “answer” for a patient’s problem, and doctors, struggling to stay up-to-date in their own particular specialty niches, are more tentative about making suggestions that cross over to other doctors’ “turf.” Even as some clinicians attempt to compensate by organizing multidisciplinary meetings, inviting doctors from all specialties to discuss a patient’s therapeutic options, “there will inevitably be a hierarchy at those meetings of who is speaking,” Dr. Srivastava noted. “And it won’t always be the ones who know the most about the patient who will be taking the lead.”

It is the potentially disastrous repercussions for patients that make this overly developed awareness of rank and boundaries a critical issue in medicine. Recent efforts to raise safety standards and improve patient care have shown that teams are a critical ingredient for success. But simply organizing multidisciplinary lineups of clinicians isn’t enough. What is required are teams that recognize the importance of all voices and encourage active and open debate.

Since their patient’s death, Dr. Srivastava and the surgeon have worked together to discuss patient cases, articulate questions and describe their own uncertainties to each other and in patients’ notes. “We have tried to remain cognizant of the fact that we are susceptible to thinking about hierarchy,” Dr. Srivastava said. “We have tried to remember that sometimes, despite our best intentions, we do not speak up for our patients because we are fearful of the consequences.”

That was certainly true for my lung cancer patient. Like all the other doctors involved in his care, I hesitated to talk to the chief medical oncologist. I questioned my own credentials, my lack of expertise in this particular area of oncology and even my own clinical judgment. When the patient appeared to fare better, requiring less oxygen and joking and laughing more than I had ever seen in the past, I took his improvement to be yet another sign that my attempt to talk about holding back chemotherapy was surely some surgical folly.

But a couple of days later, the humidified oxygen mask came back on. And not long after that, the patient again asked for me to come close.

This time he said: “I’m tired. I want to stop the chemo.”

Just before he died, a little over a week later, he was off all treatment except for what might make him comfortable. He thanked me and the other doctors for our care, but really, we should have thanked him and apologized. Because he had pushed us out of our comfortable, well-delineated professional zones. He had prodded us to talk to one another. And he showed us how to work as a team in order to do, at last, what we should have done weeks earlier.

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Stocks inch higher as finance ministers meet for G20









Stocks edged higher in early trading on Wall Street, putting the S&P 500 in line for a seventh straight week of gains.

The Standard & Poor's 500 rose one point to 1,522 as of 10:23 a.m. EST. For the week, the index is four points higher. It has risen every week so far this year.

The Dow Jones industrial average rose 26 to 13,978. The Nasdaq composite advanced 6 to 3,204.

Burger King gained 46 cents to $16.98. The company's fourth-quarter earnings nearly doubled after it revamped its menu.

A stock market rally that started in January has slowed in February. Investors piled into stocks at the beginning of the year after lawmakers reached a last-minute deal to avoid the “fiscal cliff” of sweeping tax hikes and spending cuts. The gains continued as investors were encouraged by signs that the housing and jobs markets are recovering.

Herbalife surged $3.51, or 9 percent, to $41.78 after the billionaire investor Carl Icahn disclosed that he had accumulated a 13 percent stake in the company. The stock of the supplement company slumped last year after Pershing Square Capital Management's William Ackman described it as a massive pyramid scheme and placed bets that it would fall.

The yield on the 10-year Treasury note, which moves inversely to its price, has risen since the beginning of the year as investors put more cash into stocks. The yield rose 1 basis point Friday to 2.01 percent. It started the year at 1.70 percent.

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Oscar Pistorius arrested in slaying of model Reeva Steenkamp




















Paralympian Oscar Pistorius charged with murder
































































South African police Thursday arrested double amputee Olympic runner Oscar Pistorius and said he would be charged with murder after his girlfriend, Reeva Steenkamp, was shot and killed at his home earlier in the morning.


Police spokesperson Brigadier Denise Beukes said that Pistorius was at his home after the death of the victim and that "there is no other suspect involved."


"There are witnesses and they have been interviewed this morning. We are talking about neighbors and people that heard things earlier in the evening and when the shooting took place," Beukes said.








Pistorius' court hearing was originally scheduled for Thursday afternoon but has been postponed until Friday to give forensic investigators time to carry out their work.


The athlete's father, Henke Pistorius, told South Africa's SABC radio news that he didn't know the facts. "If anyone makes a statement, it will have to be Oscar. He's sad at the moment."


Media in South Africa are reporting that Steenkamp was surprising Pistorius for Valentine's Day when he mistook her for a burglar and shot her. Steenkamp was shot in the arm and head and a 9-mm pistol was recovered at the scene.


"We have also taken cognizance of the media reports during the morning of an alleged break-in or that the young lady was mistaken to be a burglar," Beukes said. "Obviously our forensic investigation is still ongoing and we're not sure where this report came from.... Our detectives have been on the scene, our forensic investigators have been on the scene and the investigation is ongoing."

South African police said that there had been "previous incidents" of a domestic nature reported at Pistorius' home.

Pistorius, 26, was born without the fibula bone in both legs. He was known as the "Blade Runner" for his use of carbon fiber prosthetic blades. He was the first double amputee to run in the Olympics and reached the 400 meter semifinals in London 2012.


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'Sesame Street' nears 1 billion views on YouTube


NEW YORK (AP) — Nearing 1 billion views on YouTube, "Sesame Street" is headed for Justin Bieber territory.


The children's program is closing in on the kind of rarified digital milestone usually reserved for the likes of pop stars and cat videos. "Sesame Street" will soon pass 1 billion views on YouTube and it's celebrating the mark with a campaign to put itself over the hump.


"Sesame Street" on Thursday will post a video featuring the character Telly Monster, urging viewers to click the show past the final 20 million views and unlock a "top secret video." Naturally, for the nonprofit children's series, it's a teaching moment, too. Don't be surprised if Count von Count shows up to ponder such a big number.


For "Sesame Street," the milestone — a first on YouTube for a nonprofit or U.S. children's media outlet — reflects the increasingly multimedia nature of kid entertainment. Big Bird and Oscar the Grouch are now about as likely to be watched on an iPad, phone or laptop as they are on PBS.


"We have this theory that if we get content on multiple platforms and devices, it gives kids and families a chance to reinforce and experience the curriculum multiple times," says Terry Fitzpatrick, executive vice president of content and distribution for Sesame Workshop, who emphasizes videos are best co-viewed with child and parent. "It blows me away to think about how popular and strong a platform (YouTube) has become for us."


"Sesame Street," a mainstay on PBS since 1970, launched its YouTube channel in 2006, but has continually expanded its mindfulness of online and mobile viewers.


Sesame Workshop last year integrated its digital media group into its TV production, so that digital and interactive elements are considered from the start of an idea. Its most popular video is "Elmo's Song," which has been watched nearly 86 million times since being uploaded in 2009. More recently, another PBS hit, "Downton Abbey," was parodied in "Upside Downton Abbey," a video where British muppets have trouble drinking tea and eating crumpets because, well, they're upside down.


Caitlin Hendrickson, strategic partner manager for YouTube's educational realm, YouTube EDU, says that education is one of the fastest growing content categories on the Google Inc.-owned site. "Sesame Street" reaching 1 billion views, she said in a statement, "is proof of their outstanding leadership in this space and their creative use of YouTube."


___


Online:


http://www.youtube.com/user/SesameStreet


___


Follow AP Entertainment Writer Jake Coyle on Twitter at: http://twitter.com/jake_coyle


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Well: The Well Flu Quiz

What surface is the most friendly to the flu virus? Where’s the best place to stand when you’re talking to a sick person? And how are Australians curbing germs in schools? To find out these answers and more, take the Well Flu Quiz.

With contributions from Laura Geggel and Tara Parker-Pope.

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Europe's recession deepened in 4th quarter as economy shrank 0.6%









WASHINGTON -- Europe's recession deepened at the end of last year as its economy shrank at an annual rate of 0.6% in the final three months, its sharpest contraction since the financial crisis.


The data for the Eurozone released Thursday was worse than analysts had expected, reflecting steeper-than-expected contractions for three of the region's largest economies: Germany, France and Italy.


Germany's economy shrank at an annual rate of 0.6% in the period after expanding at a 0.2% rate in the previous quarter.





Quiz: How much do you know about looming federal budget cuts?


"The decline of the gross domestic product at the end of 2012 was mainly due to the comparably weak German foreign trade: in the final quarter of 2012, exports of goods went down much more than imports of goods," said Germany's Federal Statistical Office.


Italy's economy contracted at an annual rate of 0.9%, while the French economy shrank at a rate of 0.3%, according to Eurostat, the European Union's statistical office.


The news from Europe comes after the U.S. recently reported its economy unexpectedly shrank 0.1% in the fourth quarter. Economists believe the U.S. contraction, the first since 2009, was an anomaly, driven in part by fears of the fiscal cliff and a drop in exports because of economic problems in Europe and China.


Other data, including the January unemployment report, indicate the U.S. economy still is expanding and growth is expected to pick up this year.


The 17-nation Eurozone, however, now has shrunk for three straight quarters. The fourth quarter contraction was sharper than the 0.1% drop in the previous quarter.


The October-through-December period was the worst for the European economy since a nearly 3% contraction in the first quarter of 2009.


Howard Archer, chief European economist for IHS Global Insight, said the report depicted a dismal end to a bad year. He had expected the economy to shrink 0.4%. 


"While Eurozone economic activity saw its low point around last October, we suspect that growth will remain a struggle for some time to come," Archer said. "However, it is looking increasingly possible that the Eurozone could at least stop contracting in the first half of 2013, significantly helped by a return to growth in Germany."


"The hope for the Eurozone is that a sustained overall easing of sovereign debt tensions and generally improved financial markets further reduces uncertainties and steadily lifts consumer as well as business confidence," he added.


ALSO:


Obama, European leaders working on trade deal


American Airlines-US Airways merger formally announced


Economy's slight shrinkage late last year surprises experts



Read More..

Charred human remains found in burned cabin




Charred human remains have been found in the burned cabin where police believe fugitive ex-cop Christopher Dorner was holed up after trading gunfire with law enforcement, authorities
said.


If the body is identified
to be Dorner’s, the standoff would end a weeklong manhunt for the ex-LAPD
officer and Navy Reserve lieutenant who is believed to be responsible for a string of revenge-fueled shootings following his firing by the Los Angeles Police Department several
years ago. Four people have died, allegedly at Dorner’s hands.


The latest burst of
gunfire Tuesday came after the suspect, attempting to flee law enforcement
officials, shot to death a San Bernardino County sheriff’s deputy and
seriously injured another, officials said. He then barricaded himself in a wooden cabin outside
Big Bear, not far from ski resorts in the snow-capped San Bernardino Mountains
east of Los Angeles, according to police.


PHOTOS: Manhunt for ex-LAPD officer


Just before 5 p.m., authorities smashed the cabin's windows, pumped in tear
gas and called for the suspect to surrender. They got no response. Then, using
a demolition vehicle, they tore down the cabin's walls one by one. When they
reached the last wall, they heard a gunshot, officials said, and then the cabin burst into flames.


Los Angeles Police Chief Charlie Beck said he would not consider the manhunt
over until a body was identified as Dorner.


"It is a bittersweet night," Beck said as he drove to the hospital
where the injured deputy was located. The deputy is expected to survive, but it is anticipated that he'll need several surgeries. "This could have ended
much better, it could have ended worse. I feel for the family of the deputy who
lost his life."


TIMELINE: Manhunt for ex-LAPD officer

According to a manifesto that authorities say Dorner posted on Facebook, he felt that the LAPD
unjustly fired him several years ago, after a disciplinary panel determined that he lied
in accusing his training officer of kicking a mentally ill man during an
arrest. Beck has promised to review the case.


The manifesto vowed "unconventional and asymmetrical
warfare" against law enforcement officers and their families. "Self-preservation is no longer important to me. I do not
fear death as I died long ago."






Last week, authorities said they had tracked Dorner, 33, to a wooded area near Big Bear
Lake. They said they found his torched gray Nissan Titan with several weapons inside, and that the only trace of the suspect was a short trail of footprints in newly fallen snow.


INTERACTIVE MAP: Searching for suspected shooter


On Tuesday morning, two maids entered a cabin in the 1200 block of Club View
Drive and ran into a man who they said resembled the fugitive, a law
enforcement official said. The cabin was not far from where Dorner's singed
truck had been found and where police had been holding news conferences about
the manhunt.


The man tied up the maids, and he took off in a purple Nissan parked near
the cabin, the official said. About 12:20 p.m., one of the maids broke free and called police.


Nearly half an hour later, officers with the California Department of Fish
and Wildlife spotted the stolen vehicle and called for backup, authorities said. The suspect
turned down a side road in an attempt to elude the officers but crashed the
vehicle, police said.


FULL COVERAGE: Sweeping manhunt for ex-cop


A short time later, authorities said, the suspect carjacked a light-colored
pickup truck. Allan Laframboise said the truck belonged to his friend. Rick
Heltebrake, who works at a nearby Boy Scout camp.


Heltebrake was driving on Glass Road with his Dalmatian, Suni, when a
hulking African American man stepped into the road, Laframboise said.
Heltebrake stopped. The man told him to get out of the truck.


"Can I take my dog?" Heltebrake asked, according to his friend.


"You can leave and you can take your dog," the man reportedly said. He then
sped off in the Dodge extended-cab pickup -- and quickly encountered two
Department of Fish and Wildlife trucks, officials said.


As the suspect zoomed past the officers, he rolled down his window and fired
about 15 to 20 rounds, authorities said. One of the officers jumped out and shot a high-powered
rifle at the fleeing pickup, they said, and the suspect abandoned the vehicle and took off on
foot.


Police said he ended up at the Seven Oaks Mountain Cabins, a cluster of
wood-frame buildings about halfway between Big Bear Lake and Yucaipa. The
suspect exchanged gunfire with San Bernardino County sheriff's deputies as he
fled into a cabin that locals described as a single-story, multi-room
structure.


The suspect fired from the cabin, striking one deputy, law enforcement
sources said. Then he ducked out the back of the cabin, deployed a smoke bomb
and opened fire again, hitting a second deputy. Neither deputy was identified
by authorities. The suspect retreated back into the cabin.


The gun battle was captured on TV by KCAL-TV Channel 9 reporter Carter Evans, who said
he was about 200 feet from the cabin. As Evans described on air how deputies
were approaching the structure, he was interrupted by 10 seconds of gunfire.


Deputies drew their weapons and sprinted toward Evans. Someone yelled for
him to move -- then about 20 more seconds of shooting erupted.


"Hey! Get … out of here, pal," someone shouted. Evans was
unharmed.


The gunfire gave way to a tense standoff. Mountain residents locked their
doors and hunkered down.


Holly Haas, 52, who lives about a mile from where the shootout unfolded,
said she heard helicopters buzzing on and off until about 3:30 p.m. One dipped so
close to her home, she said, "I could throw a rock and hit it."


Others watched the standoff unfold on television. At her home, Candy Martin
sat down to watch TV when, to her surprise, she spotted her rental cabin -- where the suspect was believed to be holed up -- on the screen.


She said she contacted police and told them that the furnished, 85-year-old cabin had
no cable, telephone or Internet service. No one had booked it for Monday.


"There should have been nobody," she recalled saying. "Nobody
in any way."


Within hours, authorities moved in on the cabin. The fire broke out, setting
off ammunition that had apparently been inside. On TV, viewers saw only the
orange flames and curls of black smoke.


LAPD Chief Beck said his officers have been providing
around-the-clock protection for more than 50 people thought to be Dorner's
targets since the manifesto was discovered.


Police say Dorner's first victims were the daughter of the retired LAPD
official who represented him at his disciplinary hearing and her fiance. Monica Quan and Keith Lawrence were
found shot to death Feb. 3 in their car in their condo complex's parking structure.


Days later, Dorner allegedly attempted to steal a boat in San Diego in a
failed bid to escape to Mexico. By Feb. 7, authorities said, he had fled to the
Inland Empire. In Corona, police said, he fired at an LAPD officer searching
for him at a gas station. About half an hour later, he allegedly opened fire on two
Riverside officers, killing Michael Crain, 34, and injuring his partner.


Early on in the manhunt, officers mistakenly fired on three people in the
Torrance area -- two Latina women and a white man -- while searching for Dorner,
who is 6 feet tall and 270 pounds.


FULL COVERAGE: Sweeping manhunt for ex-cop


After his truck was found in Big Bear, authorities swarmed the area, where
many cabins sit empty during the winter.


At the height of the search, more than 200 officers scoured the mountain,
while others sifted through more than 1,000 tips that poured in after officials
offered a $1-million reward.


Just as some officials began to speculate that the former cop had failed to
survive in the wilderness, Dorner apparently surfaced.


ALSO:


Dorner manhunt: Wounded deputy will need several surgeries


Dorner manhunt: Fish and Wildlife officers make the big break


Dorner manhunt: Maids stumbled on suspect, were tied up, then called 911


-- Andrew Blankstein, Joel Rubin and Ashley
Powers; with Phil Willon, Louis Sahagun, Adolfo
Flores, and Ruben Vives in San Bernardino County and Julie Cart, Matt Stevens, Kate Mather, Wesley Lowery, Samantha Schaefer, Frank Shyong and Rong-Gong Lin II


Photo: San Bernardino County Sheriff's Department public information officer Cindy Bachman updates reporters after a standoff and a shootout with
a man suspected to be former Los Angeles Police Department officer Christopher Dorner. Credit: Kevork Djansezian / Getty Images


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Eric Church leads ACM Awards nominations with 7


NASHVILLE, Tenn. (AP) — They don't call him Chief for nothing: Eric Church is the top nominee at this year's Academy of Country Music Awards.


The rising country music star has seven nominations for the April 7 awards show in Las Vegas. Hunter Hayes is next with six, followed by Taylor Swift and Miranda Lambert at five apiece.


Swift and Lambert are up for the academy's top honor — entertainer of the year — with Lambert's husband, Blake Shelton, Jason Aldean and Luke Bryan. Swift is going for her third straight win in that category.


Shelton and Bryan will co-host the broadcast, to air live on CBS from the MGM Grand.


Along with naming nominees in a series of videos online Wednesday morning, the academy also awarded trophies in the three new artist categories. Jana Kramer is the new female vocalist of the year, Brantley Gilbert is the new male vocalist winner and Florida Georgia Line took new vocal duo or group, as voted by fans. Those three acts will now compete for new artist of the year.


Fans will continue to have a say in that category and entertainer of the year. Fans can vote in those categories beginning March 25 at http://VoteACM.com.


Church's "Chief" is up for album of the year along with Swift's "Red," Bryan's "tailgates & tanlines," Carrie Underwood's "Blown Away" and Little Big Town's "Tornado." Jay Joyce scored a rare double in the category: He produced the Church and Little Big Town albums and will take home a trophy if either wins. He's also up for producer of the year.


Church is also up for male vocalist of the year with 2012 winner Shelton, Bryan, Aldean and Toby Keith. Lambert will be going for her fourth straight female vocalist of the year award with Swift, Underwood, Martina McBride and Kacey Musgraves, a newcomer who earned four nominations.


Others with four nominations include Bryan and Little Big Town. That quartet is up for vocal group of the year with Lady Antebellum, which has won the award three straight times, Zac Brown Band, Eli Young Band and The Band Perry.


Surprise 2012 vocal duo winner Thompson Square is nominated in that category again along with Sugarland, Big & Rich, Florida Georgia Line, and Love and Theft.


Church also is nominated in the song and single of the year categories for "Springsteen." Lambert's "Over You," Hayes' "Wanted," Eli Young Band's "Even If It Breaks Your Heart" and Lee Brice's "A Woman Like You" round out the song of the year category.


Lambert, EYB and Hayes join Church in the single of the year category with LBT's "Pontoon."


A complete list of nominees is available at the academy's Web site.


___


Online:


http://acmcountry.com


___


Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott .


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Phys Ed: Getting the Right Dose of Exercise

Phys Ed

Gretchen Reynolds on the science of fitness.

A common concern about exercise is that if you don’t do it almost every day, you won’t achieve much health benefit. But a commendable new study suggests otherwise, showing that a fairly leisurely approach to scheduling workouts may actually be more beneficial than working out almost daily.

For the new study, published this month in Exercise & Science in Sports & Medicine, researchers at the University of Alabama at Birmingham gathered 72 older, sedentary women and randomly assigned them to one of three exercise groups.

One group began lifting weights once a week and performing an endurance-style workout, like jogging or bike riding, on another day.

Another group lifted weights twice a week and jogged or rode an exercise bike twice a week.

The final group, as you may have guessed, completed three weight-lifting and three endurance sessions, or six weekly workouts.

The exercise, which was supervised by researchers, was easy at first and meant to elicit changes in both muscles and endurance. Over the course of four months, the intensity and duration gradually increased, until the women were jogging moderately for 40 minutes and lifting weights for about the same amount of time.

The researchers were hoping to find out which number of weekly workouts would be, Goldilocks-like, just right for increasing the women’s fitness and overall weekly energy expenditure.

Some previous studies had suggested that working out only once or twice a week produced few gains in fitness, while exercising vigorously almost every day sometimes led people to become less physically active, over all, than those formally exercising less. Researchers theorized that the more grueling workout schedule caused the central nervous system to respond as if people were overdoing things, sending out physiological signals that, in an unconscious internal reaction, prompted them to feel tired or lethargic and stop moving so much.

To determine if either of these possibilities held true among their volunteers, the researchers in the current study tracked the women’s blood levels of cytokines, a substance related to stress that is thought to be one of the signals the nervous system uses to determine if someone is overdoing things physically. They also measured the women’s changing aerobic capacities, muscle strength, body fat, moods and, using sophisticated calorimetry techniques, energy expenditure over the course of each week.

By the end of the four-month experiment, all of the women had gained endurance and strength and shed body fat, although weight loss was not the point of the study. The scientists had not asked the women to change their eating habits.

There were, remarkably, almost no differences in fitness gains among the groups. The women working out twice a week had become as powerful and aerobically fit as those who had worked out six times a week. There were no discernible differences in cytokine levels among the groups, either.

However, the women exercising four times per week were now expending far more energy, over all, than the women in either of the other two groups. They were burning about 225 additional calories each day, beyond what they expended while exercising, compared to their calorie burning at the start of the experiment.

The twice-a-week exercisers also were using more energy each day than they had been at first, burning almost 100 calories more daily, in addition to the calories used during workouts.

But the women who had been assigned to exercise six times per week were now expending considerably less daily energy than they had been at the experiment’s start, the equivalent of almost 200 fewer calories each day, even though they were exercising so assiduously.

“We think that the women in the twice-a-week and four-times-a-week groups felt more energized and physically capable” after several months of training than they had at the start of the study, says Gary Hunter, a U.A.B. professor who led the experiment. Based on conversations with the women, he says he thinks they began opting for stairs over escalators and walking for pleasure.

The women working out six times a week, though, reacted very differently. “They complained to us that working out six times a week took too much time,” Dr. Hunter says. They did not report feeling fatigued or physically droopy. Their bodies were not producing excessive levels of cytokines, sending invisible messages to the body to slow down.

Rather, they felt pressed for time and reacted, it seems, by making choices like driving instead of walking and impatiently avoiding the stairs.

Despite the cautionary note, those who insist on working out six times per week need not feel discouraged. As long as you consciously monitor your activity level, the findings suggest, you won’t necessarily and unconsciously wind up moving less over all.

But the more fundamental finding of this study, Dr. Hunter says, is that “less may be more,” a message that most likely resonates with far more of us. The women exercising four times a week “had the greatest overall increase in energy expenditure,” he says. But those working out only twice a week “weren’t far behind.”

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Treasury nominee Jacob J. Lew says he would work to boost recovery









WASHINGTON -- Treasury secretary nominee Jacob J. Lew told senators Wednesday that his top priority was to boost the economic recovery while also grappling with the nation's growing debt.


In his confirmation hearing before the Senate Finance Committee, Lew warned that automatic government spending cuts coming March 1 would damage the recovery. And he called for Democrats and Republicans to work together to improve the economy, citing his history of working across party lines.


"In recent years, some have argued that Washington is irrevocably broken, that our government cannot tackle the nation’s most serious problems, that bipartisanship is a thing of the past. I disagree," Lew said in his prepared remarks.





"The truth is, we all share the same goals. We want an economy that is expanding," he said.  


Quiz: How much do you know about looming federal budget cuts?


President Obama nominated Lew, 57, to replace Timothy F. Geithner, who stepped down as Treasury secretary last month. Lew had been Obama's chief of staff, and also served as head of the Office of Management and Budget in the Obama and Clinton administrations.


As the budget director for two Democratic presidents, Lew negotiated spending deals with Republican majorities in Congress. Between his government stints, Lew worked in the private sector. He was president of New York University and worked from 2006 to 2009 at Citigroup.


Lew was managing director and chief operating officer at Citi Global Wealth Management from 2006 to 2008. He held the same position at Citi Alternative Investments in 2008-09.


Lew descibed his role at Citigroup as being "part of the senior management team trying to drive organizational change at one of our nation’s largest banks."


Sen. Orrin Hatch (R-Utah) said he would press Lew at the hearing on his time at Citigroup and was among several Republicans who planned tough questions.


"Some of the units’ activities included proprietary trading along with sales and marketing of risky investments," Hatch said.


"If you knew about the marketing and sales of those investments, it would be instructive for us to find out what you knew," he continued. "If you did not know much about them, then it would be instructive for us to find out why, and to determine exactly what your responsibilities were during your years at Citi when you were very well compensated, including times when Citigroup was being propped up by American taxpayers."


Senate Finance Committee Chairman Max Baucus (D-Mont.) said that Lew, if confirmed, would need to focus on three areas -- job creation, stabilizing the federal goverment's finances and simplifying the tax code.


"The state of the economy is still fragile," Baucus said. "Unemployment near 8% for the next two years is unacceptable."


 ALSO:


Jacob J. Lew, White House chief of staff, to get Treasury nod


Obama says Treasury nominee Jacob Lew 'has my complete trust'


Widget lets you see how Treasury nominee Lew would sign your name





Read More..

Ex-Bell officials defend themselves as honorable public servants









Less than three years ago, they were handcuffed and taken away in a case alleged to be so extensive that the district attorney called it "corruption on steroids."


But on Monday, two of the six former Bell council members accused of misappropriating money from the small, mostly immigrant town took to the witness stand and defended themselves as honorable public servants who earned their near-$100,000 salaries by working long hours behind the scenes.


During her three days on the stand, Teresa Jacobo said she responded to constituents who called her cell and home phone at all hours. She put in time at the city's food bank, organized breast cancer awareness marches, sometimes paid for hotel rooms for the homeless and was a staunch advocate for education.





"I was working very hard to improve the lives of the citizens of Bell," she said. "I was bringing in programs and working with them to build leadership and good families, strong families."


Jacobo, 60, said she didn't question the appropriateness of her salary, which made her one of the highest-paid part-time council members in the state.


Former Councilman George Mirabal said he too worked a long, irregular schedule when it came to city affairs.


"I keep hearing time frames over and over again, but there's no clock when you're working on the council," he said Monday. "You're working on the circumstances that are facing you. If a family calls … you don't say, '4 o'clock, work's over.' "


Mirabal, 65, said he often reached out to low-income residents who didn't make it to council meetings, attended workshops to learn how to improve civic affairs and once even made a trip to a San Diego high school to research opening a similar tech charter school in Bell.


"Do you believe you gave everything you could to the citizens of Bell?" asked his attorney, Alex Kessel.


"I'd give more," Mirabal replied.


Both Mirabal and Jacobo testified that not only did they perceive their salaries to be reasonable, but they believed them to be lawful because they were drawn up by the city manager and voted on in open session with the city attorney present.


Mirabal, who once served as Bell's city clerk, even went so far as to say that he was still a firm supporter of the city charter that passed in 2005, viewing it as Bell's "constitution." In a taped interview with authorities, one of Mirabal's council colleagues — Victor Bello — said the city manager told him the charter cleared the way for higher council salaries.


Prosecutors have depicted the defendants as salary gluttons who put their city on a path toward bankruptcy. Mirabal and Jacobo, along with Bello, Luis Artiga, George Cole and Oscar Hernandez, are accused of drawing those paychecks from boards that seldom met and did little work. All face potential prison terms if convicted.


Prosecutors have cited the city's Solid Waste and Recycling Authority as a phantom committee, created only as a device for increasing the council's pay. But defense attorneys said the authority had a very real function, even in a city that contracted with an outside trash company.


Jacobo testified that she understood the introduction of that authority to be merely a legal process and that its purpose was to discuss how Bell might start its own city-run trash service.


A former contract manager for Consolidated Disposal Service testified that Bell officials had been unhappy with the response time to bulky item pickups, terminating their contract about 2005, but that it took about six years to finalize because of an agreement that automatically renewed every year.


Deputy Dist. Atty. Edward Miller questioned Mirabal about the day shortly after his 2010 arrest that he voluntarily told prosecutors that no work was done on authorities outside of meetings.


Mirabal said that if he had made such a statement, it was incorrect. He said he couldn't remember what was said back then and "might have heed and hawed."


"So it's easy to remember now?" Miller asked.


"Yes, actually."


"More than two years after charges have been filed, it's easier for you to remember now that you did work outside of the meetings for the Public Finance Authority?"


"Yes, sir."


Miller later asked Mirabal to explain a paragraph included on City Council agendas that began with the phrase, "City Council members are like you."


After some clarification of the question, Mirabal answered: "That everybody is equal and that if they look into themselves, they would see us."


corina.knoll@latimes.com





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Back to New Orleans: Beyonce to perform at Essence


NEW ORLEANS (AP) — Beyonce is coming back to New Orleans and back to the Superdome.


After entertaining a huge television audience in a packed dome during the Super Bowl halftime show, Beyonce is now scheduled to perform at the Essence Festival.


Festival officials said Monday that she will return to the dome to headline one of three night concerts during the festival, which is set for the Fourth of July weekend.


Beyonce joins an Essence musical line-up that also includes Jill Scott, Maxwell, New Edition, Charlie Wilson, Keyshia Cole, LL Cool J, Brandy and others.


Read More..

Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.


Katherine Boutin speaks about her own experience with hearing loss.


A transcript of this interview can be found here.


Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.


Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.


This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

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Stocks edge higher in early trading









Stocks edged higher in early trading Tuesday following mixed earnings reports from companies including Avon, Goodyear and Coca-Cola.

The Dow Jones industrial average rose 30 points to 13,981 in the first hour of trading. The Standard & Poor's 500 was up two points at 1,519. The Nasdaq was up three at 3,194.

Avon, a direct seller of beauty products, jumped $2.68, or 16 percent, to $19.97 after the company posted a fourth-quarter loss that wasn't as bad as analysts had expected. Avon hopes to save $400 million by slashing costs. Michael Kors, a luxury clothing and accessories seller, rose $6.30, or 11 percent, to $63.23 after reporting earnings that beat analysts' predictions.

Coca-Cola, the world's largest beverage company, fell 61 cents to $38.03 after reporting fourth-quarter revenue that fell short of analysts' forecasts. Goodyear Tire & Rubber sank 6 percent to $13.11 after the company cut its forecast for full-year earnings, blaming weakness in the European economy.

About 70 percent of companies in the S&P 500 have reported earnings for the fourth quarter. Analysts are projecting that earnings will rise 6.4 percent for the period, an improvement from the 2.4 percent growth reported in the third quarter, according to S&P Capital IQ.

A start-of-the-year rally that pushed indexes close to record highs has slowed down. The S&P 500 is up 1.3 percent this month, following a 5 percent gain in January. The Dow has advanced 0.8 percent in February, after surging 5.8 percent a month earlier, logging its best January in almost two decades.

Stock advanced at the start of the year after lawmakers reached a last-minute deal to avoid the “fiscal cliff” of sweeping tax increases and spending cuts. Investors are also becoming more optimistic that the housing market is recovering and that hiring is picking up.

Investors will be watching closely Tuesday night when President Barack Obama delivers his annual State of the Union speech. Obama is expected to focus on the economy, including job creation.

A decline in bond prices since the beginning of the year has also slowed. The yield on the 10-year Treasury note, which moves inversely to its price, rose 3 basis points to 1.99 percent. The yield was 1.71 percent at the beginning of the year.

Among other stocks making big moves:

— Masco jumped $2.23, or 13 percent, to $20.02 after the home improvement and building products company reported earnings that beat analysts' expectations thanks to strong demand in North America.

— Dun & Bradstreet, a provider of credit and business data, fell $7.44, or 9 percent, to $77.92 after the company reported that a fourth-quarter profit that came in below market expectations.

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Grammys 2013: Fun., Mumford, Gotye lead a newer generation









Grammy Awards voters gave their top honor to British roots music band Mumford & Sons for their album "Babel" on Sunday at the 55th awards ceremony. Other top honors were distributed to a broad array of younger acts, including indie trio Fun., electronic pop artist Gotye, rapper-R&B singer Frank Ocean and rock group the Black Keys.


"We figured we weren't going to win because the Black Keys have been sweeping up all day — and deservedly so," Mumford & Sons front man Marcus Mumford said after he and his band members strode to the stage at Staples Center in Los Angeles to collect the award from last year's winner, R&B-soul singer Adele.


Pop culture historians may look back at 2013, however, as the year the Grammy Awards gave up its long fight against new forms of music dissemination, embracing songs and videos that consumers soaked up by way of YouTube and other Internet outlets as opposed to purchasing them.








PHOTOS: 2013 Grammy Award winners


"Somebody That I Used to Know," the wildly popular collaboration between Gotye and New Zealand pop singer Kimbra, took the top award presented for a single recording upon being named record of the year, which recognizes performance and record production.


"Somebody…" not only was one of the biggest-selling singles of 2012 but also has notched nearly 400 million views on YouTube, powerfully demonstrating the increasingly vital role of the "broadcast yourself" video Internet phenomenon. Different YouTube posts of Ocean's "Thinking About You" single have totaled nearly 60 million views.


New York indie rock trio Fun. was named best new artist, an acknowledgment of the good-time music the group brought to listeners and viewers last summer largely through its runaway hit single "We Are Young," which has racked up nearly 200 million YouTube views. It also was named song of the year, bringing awards for the group's songwriters, Jack Antonoff, Andrew Dost and Nate Ruess, and collaborator Jeff Bhasker.


GRAMMYS 2013: Full coverage | Pre-show winners | Winners | Ballot


"Everyone can see our faces, and we are not very young — we've been doing this for 12 years," Ruess said as they collected the award.


The song's title could also serve as a theme for the evening, which was dominated by other relatively young acts in the most prestigious Grammy categories.


Singer, rapper and songwriter Ocean emerged the victor in the one category that pitted him directly against real-life rival Chris Brown, as his critically acclaimed solo debut album, "Channel Orange," won the urban contemporary album award. A few minutes later Ocean got a second Grammy with Kanye West, Jay-Z and the Dream in the rap-sung collaboration category for their single "No Church in the Wild."


GRAMMYS 2013: Winners list | Best & WorstRed carpet | Timeline | Fashion | Highlights


Ocean's tuxedo covered all but his hands, but it appeared as he picked up the urban album award that his left arm remained in a wrist brace he'd exhibited Thursday at rehearsals for this year's broadcast, a remnant of his scuffle last month with Brown over a parking space at a recording studio. Los Angeles Police Department investigators said Ocean informed them that he would not press charges against Brown.


It was the Black Keys' Dan Auerbach who quickly built up steam as the front-runner to dominate this year's awards, taking several statuettes barely an hour into the show, including producer of the year for himself and three with his group including rock performance, rock song and rock album for "El Camino."


The Black Keys homed in on the fundamentals of rock 'n' roll — big guitar riffs, lustful lyrics and a bevy of musical hooks on "El Camino," one of the best reviewed albums of the group's career.


FULL COVERAGE: Grammy Awards 2013


Auerbach picked up another award as producer of the blues album winner, Dr. John's "Locked Down."


Carrie Underwood grabbed the country solo performance Grammy for the title track from her album "Blown Away," which also won the country song award for writers Josh Kear and Chris Tompkins earlier during the pre-telecast ceremony at Nokia Theatre, across the street from Staples Center.


The Zac Brown Band added to its growing place as a new-generation country powerhouse with a win of the country album trophy for its "Uncaged," built on muscular Southern rock guitar riffs, elaborate multipart vocal harmonies and jam-band instrumental excursions.


Last year's big winner, Adele, collected the first statuette of the night for her single "Set Fire to the Rain" in the pop solo performance category.


The show got off to an eye-popping start with a Cirque du Soleil-inspired performance by Taylor Swift of her nominated single "We Are Never Ever Getting Back Together."


The preponderance of youthful acts not broadly known to mainstream TV audiences heightened the use of cross-generational pairings. Rising songwriter and singer Ed Sheeran shared the stage early with veteran Grammy darling Elton John, while Bruno Mars teamed with Sting and Rihanna in a Bob Marley tribute later in the show. Several members of Americana acts, including Alabama Shakes and Mumford & Sons, sang alongside veterans John, Mavis Staples and T Bone Burnett in a salute to drummer Levon Helm of the Band.


But it was the young guns to whom the evening — and perhaps the future — of the Grammy Awards belonged.


The Grammys are determined by about 13,000 voting members of the Recording Academy. The eligibility period for nominated recordings was Oct. 1, 2011, to Sept. 30, 2012. The show aired on CBS live except on the West Coast, which gets a tape delay.


randy.lewis@latimes.com


Twitter: @RandyLewis2






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Former jailed student Amanda Knox talking to ABC


NEW YORK (AP) — Amanda Knox, the college junior who spent four years in an Italian prison after being accused of murdering her British roommate, is telling her story to ABC News.


The network says Knox will sit down with Diane Sawyer for a prime-time special airing April 30. The exclusive interview also will be featured on other ABC News programming.


Knox was an American student studying in Italy when, in 2007, she became the center of a murder case that seized the world's attention. She was convicted in 2009. But after an appeal, she was acquitted and released in October 2011.


The interview is timed to the publication of Knox's book, "Waiting to Be Heard."


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Well: Getting the Right Addiction Treatment

“Treatment is not a prerequisite to surviving addiction.” This bold statement opens the treatment chapter in a helpful new book, “Now What? An Insider’s Guide to Addiction and Recovery,” by William Cope Moyers, a man who nonetheless needed “four intense treatment experiences over five years” before he broke free of alcohol and drugs.

As the son of Judith and Bill Moyers, successful parents who watched helplessly during a 15-year pursuit of oblivion through alcohol and drugs, William Moyers said his near-fatal battle with addiction demonstrates that this “illness of the mind, body and spirit” has no respect for status or opportunity.

“My parents raised me to become anything I wanted, but when it came to this chronic incurable illness, I couldn’t get on top of it by myself,” he said in an interview.

He finally emerged from his drug-induced nadir when he gave up “trying to do it my way” and instead listened to professional therapists and assumed responsibility for his behavior. For the last “18 years and four months, one day at a time,” he said, he has lived drug-free.

“Treatment is not the end, it’s the beginning,” he said. “My problem was not drinking or drugs. My problem was learning how to live life without drinking or drugs.”

Mr. Moyers acknowledges that treatment is not a magic bullet. Even after a monthlong stay at a highly reputable treatment center like Hazelden in Center City, Minn., where Mr. Moyers is a vice president of public affairs and community relations, the probability of remaining sober and clean a year later is only about 55 percent.

“Be wary of any program that claims a 100 percent success rate,” Mr. Moyers warned. “There is no such thing.”

“Treatment works to make recovery possible. But recovery is also possible without treatment,” Mr. Moyers said. “There’s no one-size-fits-all approach. What I needed and what worked for me isn’t necessarily what you or your loved one require.”

As with many smokers who must make multiple attempts to quit before finally overcoming an addiction to nicotine, people hooked on alcohol or drugs often must try and try again.

Nor does treatment have as good a chance at succeeding if it is forced upon a person who is not ready to recover. “Treatment does work, but only if the person wants it to,” Mr. Moyers said.

Routes to Success

For those who need a structured program, Mr. Moyers described what to consider to maximize the chances of overcoming addiction to alcohol or drugs.

Most important is to get a thorough assessment before deciding where to go for help. Do you or your loved one meet the criteria for substance dependence? Are there “co-occurring mental illnesses, traumatic or physical disabilities, socioeconomic influences, cultural issues, or family dynamics” that may be complicating the addiction and that can sabotage treatment success?

While most reputable treatment centers do a full assessment before admitting someone, it is important to know if the center or clinic provides the services of professionals who can address any underlying issues revealed by the assessment. For example, if needed, is a psychiatrist or other medical doctor available who could provide therapy and prescribe medication?

Is there a social worker on staff to address challenging family, occupational or other living problems? If a recovering addict goes home to the same problems that precipitated the dependence on alcohol or drugs, the chances of remaining sober or drug-free are greatly reduced.

Is there a program for family members who can participate with the addict in learning the essentials of recovery and how to prepare for the return home once treatment ends?

Finally, does the program offer aftercare and follow-up services? Addiction is now recognized to be a chronic illness that lurks indefinitely within an addict in recovery. As with other chronic ailments, like diabetes or hypertension, lasting control requires hard work and diligence. One slip need not result in a return to abuse, and a good program will help addicts who have completed treatment cope effectively with future challenges to their recovery.

How Families Can Help

“Addiction is a family illness,” Mr. Moyers wrote. Families suffer when someone they love descends into the purgatory of addiction. But contrary to the belief that families should cut off contact with addicts and allow them to reach “rock-bottom” before they can begin recovery, Mr. Moyers said that the bottom is sometimes death.

“It is a dangerous, though popular, misconception that a sick addict can only quit using and start to get well when he ‘hits bottom,’ that is, reaches a point at which he is desperate enough to willingly accept help,” Mr. Moyers wrote.

Rather, he urged families to remain engaged, to keep open the lines of communication and regularly remind the addict of their love and willingness to help if and when help is wanted. But, he added, families must also set firm boundaries — no money, no car, nothing that can be quickly converted into the substance of abuse.

Whether or not the addict ever gets well, Mr. Moyers said, “families have to take care of themselves. They can’t let the addict walk over their lives.”

Sometimes families or friends of an addict decide to do an intervention, confronting the addict with what they see happening and urging the person to seek help, often providing possible therapeutic contacts.

“An intervention can be the key that interrupts the process and enables the addict to recognize the extent of their illness and the need to take responsibility for their behavior,”Mr. Moyers said.

But for an intervention to work, Mr. Moyers said, “the sick person should not be belittled or demeaned.” He also cautioned families to “avoid threats.” He noted that the mind of “the desperate, fearful addict” is subsumed by drugs and alcohol that strip it of logic, empathy and understanding. It “can’t process your threat any better than it can a tearful, emotional plea.”

Resource Network

Mr. Moyer’s book lists nearly two dozen sources of help for addicts and their families. Among them:

Alcoholics Anonymous World Services www.aa.org;

Narcotics Anonymous World Services www.na.org;

Substance Abuse and Mental Health Services Administration treatment finder www.samhsa.gov/treatment/;

Al-Anon Family Groups www.Al-anon.alateen.org;

Nar-Anon Family Groups www.nar-anon.org;

Co-Dependents Anonymous World Fellowship www.coda.org.


This is the second of two articles on addiction treatment. The first can be found here.

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