Halle Berry's ex arrested after fight at her house

LOS ANGELES (AP) — Halle Berry's ex-boyfriend Gabriel Aubry was arrested for investigation of battery Thursday after he and the Oscar-winning actress's current boyfriend got into a fight at her Hollywood Hills home, police said.

Aubry, 37, was booked for investigation of a battery, a misdemeanor, and released on $20,000 bail, according to online jail records. He's scheduled to appear in court Dec. 13.

Aubry came to Berry's house Thanksgiving morning and police responded to a report of an assault, said Los Angeles Police Officer Julie Boyer. Aubry was injured in the altercation and was taken to a hospital where he was treated and released.

Emails sent to Berry's publicist, Meredith O'Sullivan, and Aubry's family law attorney, Gary Fishbein, were not immediately returned.

Berry and Aubry have been involved in a custody dispute involving their 4-year-old daughter, Nahla. The proceedings were sealed because the former couple are not married. Both appeared in the case as recently as Nov. 9, but neither side commented on the outcome of the hearing.

Berry has been dating French actor Olivier Martinez, and he said earlier this year that they are engaged.

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Documents Show F.D.A.’s Failures in Meningitis Outbreak

Newly released documents add vivid detail to the emerging portrait of the Food and Drug Administration’s ineffective and halting efforts to regulate a Massachusetts company implicated in a national meningitis outbreak that has sickened nearly 500 people and killed 34.

In the documents, released on Tuesday in response to a Freedom of Information Act request, the agency would threaten to bring the full force of its authority down on the company, only to back away, citing lack of jurisdiction.

The company, the New England Compounding Center, at times cooperated with F.D.A. inspectors and promised to improve its procedures, and at other times challenged the agency’s legal authority to regulate it, refused to provide records and continued to ship a drug in defiance of the agency’s concerns.

Some of the documents were summarized last week by Congressional committees that held hearings on the meningitis outbreak. Republicans and Democrats criticized the F.D.A. for failing to act on information about unsafe practices at the company as far back as March 2002.

By law, compounding pharmacies are regulated primarily by the states, but the pharmacies have grown over the years into major suppliers of some of the country’s biggest hospitals. The F.D.A. is asking Congress for stronger, clearer authority to police them, but Republicans have said the agency already has enough power.

Records show that the agency was sometimes slow in pursuing its own inspection findings. In one case involving the labeling and marketing of drugs, the agency issued a warning letter to New England Compounding 684 days after an inspection, a delay that the company’s chief pharmacist complained was so long that some of the letter’s assertions no longer applied to its operations.

The agency said in a statement Wednesday that it “was not the timeline we strive for,” but that much of the delay was because of “our limited, unclear and contested authority in this area.” Because of litigation, it said, there was “significant internal discussion about how to regulate compounders.”

The agency first inspected the company in April 2002 after reports that two patients had become dizzy and short of breath after being injected with a steroid made by the company.

 On the first day of the inspection, Barry Cadden, the chief pharmacist, was cooperative, but the next day, the agency inspectors wrote, Mr. Cadden “had a complete change in attitude & basically would not provide any additional information either by responding to questions or providing records,” adding that he challenged their legal authority to be at his pharmacy at all.

The F.D.A. was back at New England Compounding in October 2002 because of possible contamination of another of its products, methylprednisolone acetate, the same drug involved in the current meningitis outbreak.

 While the F.D.A. had the right to seize an adulterated steroid, officials at the time said that action alone would not resolve the company’s poor compounding practices. In a meeting with Massachusetts regulators, F.D.A. officials left authority in the hands of the state, which “would be in a better position to gain compliance or take regulatory action,” according to a memo by an F.D.A. official summarizing the meeting.

 David Elder, compliance branch director for the F.D.A.’s New England District, warned at the meeting that there was the “potential for serious public health consequences if N.E.C.C.’s compounding practices, in particular those relating to sterile products, are not improved.”

 The company fought back hard, repeatedly questioning the F.D.A.’s jurisdiction. In a September 2004 inspection over concerns that the company was dispensing trypan blue, a dye used for some eye surgeries that had not been approved by the F.D.A., Mr. Cadden told the agency inspector that he had none in stock.

But in the clean room, the inspector noticed a drawer labeled “Trypan Blue,” which contained 189 vials of the medicine.

A few days later, Mr. Cadden was defiant. He told the agency that he was continuing to dispense trypan blue and that there was nothing in the law saying a compounder could not dispense unapproved products.

 The conversation turned testy. “Don’t answer any more questions!” Mr. Cadden told another pharmacy executive, according to the F.D.A.’s report.

Mr. Cadden rejected many of the assertions in the warning letter that finally came in December 2006. The next correspondence from the agency did not come until almost two years later, in October 2008, saying that the agency still had “serious concerns” about the company’s practices, and that failing to correct them could result in seizure of products and an injunction against the company and its principals.

It is not known whether any corrective actions were taken. The agency did not conduct another inspection until the recent meningitis outbreak.

Denise Grady contributed reporting.

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US stocks rise solidly in Black Friday retail rush

U.S. stocks rose solidly on Black Friday, the unofficial start of the holiday shopping season.

The Dow Jones industrial average was up 68 points at 12,904 in the first half-hour of trading. The Standard & Poor's 500 index rose seven to 1,398. The Nasdaq composite index gained 18 to 2,944.

Retail is a key driver of the nation's economy. Consumer spending accounts for about 70% of U.S. economic activity. November and December, which can account for as much as 40% of a retailer's annual revenue, are crucial for stores.

The Friday after Thanksgiving is known as Black Friday because it begins the period in which many retailers turn profitable for the year. Traders will be looking for signs about how enthusiastically Americans are spending. That could reflect the momentum of the economic recovery.

Trading volume was light, with many investors away for an extended weekend after Thanksgiving. The market will close early, at 1 p.m. EST.

In an effort to lure shoppers this year, many stores were opening earlier than ever. Target and Toys R Us opened on Thanksgiving evening. Retailers are also trying to draw shoppers with free layaway and shipping, by matching prices of online rivals and by beefing up their mobile shopping apps.

European indexes added to earlier gains after Wall Street opened. The FTSE 100 index of leading British shares rose 0.4%, Germany's DAX 0.6% and France's CAC-40 0.5%.

Investors are monitoring developments in Brussels, where European Union leaders are trying to agree on a $1.25 trillion long-term spending plan for the 27-nation bloc. Markets expect that another meeting will be needed for an agreement.

Among the stocks making big moves:

-- Research in Motion Ltd. jumped on growing optimism for an earlier-than-expected launch of its delayed BlackBerry 10 smartphone. A senior executive from the Canadian company said earlier this month that Research In Motion, or RIM, will release the latest version of its smartphone "not long after" a Jan. 30 event. One analyst saw that as an indication that the products are to be unveiled in February. U.S.-traded shares of RIM rose $1.20, or 12%, to $11.46.

-- MAP Pharmaceuticals spiked after the company announced that the Food and Drug Administration will review its experimental migraine drug Levadex. The stock rose $2.41, or 19%, to $15.23.

-- KIT Digital Inc. lost more than half its value after the company's former chief executive accused it of blaming prior management for its financial problems. Two days earlier, KIT said it would restate its financial results because of accounting errors. The stock lost $1.17, or 57% to 90 cents.

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New California legislators get a warm welcome — from lobbyists

SACRAMENTO — The day after being elected to the state Assembly, several incoming lawmakers were in AT&T's luxury suite at the Sacramento sports arena, watching the Kings with the company's top Capitol executive.

The next day, the California Dental Assn. feted the state's freshman legislators. That was before more than 20 legislators jetted off to Hawaii, China, Brazil, New Zealand and other locales — with some trips paid for in large part by healthcare, energy and communications companies.

"It's the start of lobbyists inculcating them, saying 'Hey guys, line up and receive your gifts,' " said Bob Stern, former chief counsel to the state Fair Political Practices Commission.

It's a new day in Sacramento, with one of the largest-ever freshman classes elected in districts drawn for the first time by an independent, bipartisan commission.

And the lobbying campaign to shape their minds has begun.

The intent of the redistricting — as well as a rule change that allows lawmakers to serve up to 12 years in either legislative house — was to make the Capitol more accountable. In theory, the changes would reduce the influence of lobbyists and give lawmakers more time to gain expertise and independence.

But old traditions die hard.

Following the example of veteran legislative leaders, including Assembly Speaker John Pérez (D-Los Angeles), more than a dozen Democratic freshmen headed off to AT&T's suite at the Sleep Train Arena.

Lawmakers are not allowed to take more than $420 in gifts per year, and they are supposed to report what they receive. But sidestepping the rules is hardly a challenge.

The freshmen who joined Pérez didn't have to report the value of their tickets because the gathering was hosted by the state Democratic Party.

Jose Medina, a newly elected assemblyman from Riverside, said the event was totally appropriate. Spending time with lobbyists is "part of my job,'' he said.

"At the end of the day, I'll make my decision based on what is best for the people I represent," he said.

Jim Frazier, a freshman assemblyman from Oakley, called the evening "a great opportunity to start meeting the people who worked so hard to represent their districts."

Other freshman Democrats in the suite included Ken Cooley of Rancho Cordova, Marc Levine of San Rafael, Phil Ting of San Francisco, Kevin Mullin of South San Francisco, Rudy Salas of Bakersfield, Bill Quirk of Hayward and Reggie Jones-Sawyer of Los Angeles.

Jones-Sawyer was one of 15 legislators who flew a few days later to Maui for a five-day conference at the Fairmont Kea Lani organized by the California Independent Voter Project.

The group, which paid some of the legislators' travel expenses, has been funded over the years by tobacco giant Altria Group Inc., Southern California Edison, Eli Lilly & Co., Pacific Gas & Electric Co., the California Beer & Beverage Distributors, the Pharmaceutical Research and Manufacturers Assn., Chevron Corp. and the state prison guards union.

In between rounds of golf and poolside lounging, the sponsors talked with lawmakers.

"I was learning about the issues," said Jones-Sawyer, the only freshman on the trip. "There were some things I didn't know — such as how businesses really need help to flourish here in California."

Phillip Ung, an advocate with California Common Cause, said he found the explanations bewildering.

"They have obviously convinced themselves that the people's business is best solved poolside with mai tais in hand," he said. "Congress banned this type of travel years ago."

Other lawmakers went to China, Australia, New Zealand or Brazil this month, in some cases paid for by special interests.

Those in Brazil were sponsored by the California Foundation on the Environment and the Economy, which is bankrolled by Chevron, PG&E, the International Brotherhood of Electrical Workers and Southern California Edison, among others.

The sponsors sent representatives to accompany Assemblyman Steven Bradford (D-Gardena), who is chairman of the Assembly Utilities and Commerce Committee, as well as Sens. Anthony Cannella (R-Ceres), Mimi Walters (R-Laguna Niguel), Bill Emmerson (R-Hemet) and Michael Rubio (D-East Bakersfield).

The group paid for airfare, hotels, meals and ground transportation, said P.J. Johnston, a spokesman for the nonprofit foundation.

The lawmakers were there to meet with government and business leaders in Brazil to discuss reducing pollution, setting low-carbon fuel standards, transportation projects and other issues, Johnston said.

"Brazil provides real-world insight into issues California's decision-makers are grappling with, putting them in a larger perspective and offering lessons learned from a country with a rich history of challenges and successes in these areas," he said.

patrick.mcgreevy@latimes.com

Times staff writer Anthony York contributed to this report.

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Fitch cuts Sony, Panasonic debt ratings to “junk” status

TOKYO (Reuters) – Ratings agency Fitch downgraded the debt ratings of Japan’s Sony Corp and Panasonic Corp to “junk” status citing weakness in their consumer electronics and TV operations, further diminishing the luster of the once-great Japanese brands.

The cut to below investment grade, the first by a ratings firm, comes as the floundering Japanese tech giants face weak demand and fierce competition from Apple Inc and Samsung Electronics.

A strong yen and bumps in China, where growth has slowed and Japanese goods have been targeted in sometimes violent protests recently, have also weighed on their earnings.

The two companies, along with Sharp Corp, racked up combined losses of $ 20 billion last year, leading them to axe jobs, sell assets and close facilities.

“Both Sony and Panasonic are struggling to generate operating profits, but each is restructuring and I don’t envision the current situation continuing,” said Masahi Oda, Chief Investment Officer at Sumitomo Mitsui Trust Bank.

“A collapse of their core business would be a problem, but we are not at the point yet, and to me Fitch looks too negative,” Oda added.

Fitch downgraded Sony by three notches to BB-minus from BBB- minus, saying meaningful recovery will be slow. The move came after Sony, the maker of PlayStation game consoles and Vaio laptops, last week announced plans to raise 150 billion yen ($ 1.82 billion) through the sale of convertible bonds.

“Fitch believes that continuing weakness in the home entertainment and sound and mobile products and communications segments will offset the relatively stable music and pictures segments and improvement in the devices segment which makes semiconductors and components,” it said in statement.

In a separate statement, Fitch cut Panasonic to BB from BBB-minus, a two-notch downgrade, citing weakened competitiveness in its TVs and display panels as well as weak cash generation from its operations. It has a negative outlook on both the companies.

The downgrade sent Sony’s five-year credit default swaps (CDS), insurance-like contracts against debt default or restructuring, 5 basis points wider to 382.5/402.5 basis points.

Panasonic’s CDS for the same maturity were quoted at 295/315 basis points, 15 basis points wider than in Thursday morning Asian trade.

Standard & Poor’s rates the two consumer electronics makers at BBB, the second lowest of the investment grade, while Moody’s Investors Service has Baa3 on them, the lowest of the high-grade category.

With two of the three major ratings agencies still having the two companies as investment grade, institutional investors won’t face too great a pressure to cut their debt holdings in them, analysts said.

SONY SHARES TUMBLE

Sony shares shed 4.4 percent in Frankfurt on Thursday. The shares ended 1.8 percent higher at 834 yen in Tokyo before the Fitch announcement, trading not too far from their 32-year closing low of 793 yen hit on November 15. Sony stock is down 40 percent so far this year.

Panasonic shares were down 0.6 percent in Frankfurt in low volume. The stock inched up 0.7 percent to close at 407 yen in Tokyo trading, near its 34-year closing low of 385 yen reached on November 13.

Last month, Panasonic cut its forecast and warned it will lose close to $ 10 billion in the year to March, as it writes off billions of yen in tax-deferred assets and goodwill related to its mobile phone, solar panel and small lithium battery businesses.

Ahead of its earnings revision, Panasonic won $ 7.6 billion in loan commitments in October from banks including Sumitomo Mitsui Financial Group and Mitsubishi UFJ Financial Group, a funding backstop it says will help it avoid having to seek capital from credit markets.

Sony made a small operating profit in the July-September quarter, helped by the sale of a non-core chemicals business, and kept its forecast for a full-year profit of $ 1.63 billion.

(Additional reporting by Dominic Lau in Tokyo and Umesh Desai in Hong Kong; Editing by Muralikumar Anantharaman)

Tech News Headlines – Yahoo! News

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Chevy Chase is leaving NBC's sitcom 'Community'

LOS ANGELES (AP) — The NBC series "Community" will finish the season without Chevy Chase.

Sony Pictures Television said Wednesday that the actor is leaving the sitcom by mutual agreement with producers.

His immediate departure means he won't be included in the last episode or two of the show's 13-episode season, which is still in production.

Chase had a rocky tenure playing a bored and wealthy man who enrolls in community college. The actor publicly expressed unhappiness at working on a sitcom and feuded last year with the show's creator and former executive producer, Dan Harmon.

The fourth-season premiere of "Community" is Feb. 7, when it makes a delayed return to the 8 p.m. EST Thursday time slot. The show's ensemble cast includes Joel McHale and Donald Glover.

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Recipes for Health: Apple Pear Strudel — Recipes for Health

Andrew Scrivani for The New York Times

This strudel is made with phyllo dough. When I tested it the first time, I found that I had enough filling for two strudels. Rather than cut the amount of filling, I increased the number of strudels to 2, as this is a dessert you can assemble and keep, unbaked, in the freezer.

Filling for 2 strudels:

1/2 pound mixed dried fruit, like raisins, currants, chopped dried figs, chopped dried apricots, dried cranberries

1 1/2 pounds apples (3 large) (I recommend Braeburns), peeled, cored and cut in 1/2-inch dice

1 tablespoon fresh lemon juice

2 tablespoons unsalted butter for cooking the apples

1/4 cup (50 grams) brown sugar

1 teaspoon vanilla

1 teaspoon cinnamon

1/2 teaspoon freshly grated nutmeg

1/4 cup (30 grams) chopped or slivered almonds

3/4 pound (1 large or 2 small) ripe but firm pears, peeled, cored and cut in 1/2-inch dice

For each strudel:

8 sheets phyllo dough

7/8 cup (100 grams) almond powder, divided

1 1/2 ounces butter, melted, for brushing the phyllo

1. Preheat the oven to 375 degrees. Line 2 sheet pans with parchment.

2. Place the dried fruit in a bowl and pour on hot or boiling water to cover. Let sit 5 minutes, and drain. Toss the apples with the lemon juice.

3. Heat a large, heavy frying pan over high heat and add 2 tablespoons butter. Wait until it becomes light brown and carefully add the apples and the sugar. Do not add the apples until the pan and the butter are hot enough, or they won’t sear properly and retain their juice. But be careful when you add them so that the hot butter doesn’t splatter. When the apples are brown on one side, add the vanilla, cinnamon, nutmeg and almonds, flip the apples and continue to sauté until golden brown, about 5 to 7 minutes. Stir in the pears and dried fruit, then scrape out onto one of the lined sheet pans and allow to cool completely. Divide into two equal portions (easiest to do this if you weigh it).

4. Place 8 sheets of phyllo dough on your work surface. Cover with a dish towel and place another, damp dish towel on top of the first towel. Place a sheet of parchment on your work surface horizontally, with the long edge close to you. Lay a sheet of phyllo dough on the parchment. Brush lightly with butter and top with the next sheet. Continue to layer all eight sheets, brushing each one with butter before topping with the next one.

5. Brush the top sheet of phyllo dough with butter. Sprinkle on half of the almond powder (50 grams). With the other half, create a line 3 inches from the base of the dough, leaving a 2 1/2-inch margin on the sides. Top this line with one portion of the fruit mixture. Fold the bottom edge of the phyllo up over the filling, then fold the ends over and roll up like a burrito. Using the parchment paper to help you, lift the strudel and place it on the other parchment-lined baking sheet. Brush with butter and make 3 or 4 slits on the diagonal along the length of the strudel. Repeat with the other sheets of phyllo to make a second strudel. If you are freezing one of them, double-wrap tightly in plastic.

6. Place the strudel in the oven and bake 20 minutes. Remove from the oven, brush again with butter, rotate the pan and return to the oven. Continue to bake for another 20 to 25 minutes, or until golden brown. Remove from the heat and allow to cool for at least 15 minutes. Serve warm or room temperature.

Yield: 2 strudels, each serving 8

Advance preparation: The fruit filling will keep for a couple of days in the refrigerator. The strudel can be baked a few hours before serving it. Recrisp in a medium oven for 10 minutes. It can also be frozen before baking, double-wrapped in plastic. Transfer directly from the freezer to the oven and add 10 minutes to the baking time.

Nutritional information per serving: 259 calories; 13 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 5 grams monounsaturated fat; 15 milligrams cholesterol; 34 grams carbohydrates; 4 grams dietary fiber; 91 milligrams sodium; 4 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Lake Tahoe ski resorts splurging on upgrades and expansions

The nation's ski industry suffered an epic wipeout last season, with the least snowfall in decades and one of the steepest drops in skier visits on record.

But instead of retrenching, resort owners are opening their wallets wide on upgrades and expansions.

One of the biggest jumps in spending is taking place at the snow-covered peaks around Lake Tahoe, where resorts are in the midst of a spending splurge of more than $100 million over the next five years.

The flurry of spending began two years ago and includes a newly built on-mountain lodge at Northstar California and a mile-long terrain park at Alpine Meadows, plus new lifts and upgrades to snow-making equipment at several resorts. The Olympic House lodge at Squaw Valley resembled a tired, aging casino before it recently underwent a $2-million face-lift.

"We are putting our shoulder into this," said Andy Wirth, president and chief executive at Squaw Valley. "We know that last year was an anomaly."

Video chat: Tahoe ski resorts get a makeover

Although the nation's ski mountains enjoyed bountiful snowfall in the 2010-11 season, last year they suffered the lowest snowfall in 20 years, forcing half of resorts to either open late or close early. They drew only 51 million skier and snowboarder visits, a 15.8% decline from the previous season, the second-biggest year-over-year decline on record, according to the National Ski Areas Assn., a trade group for resort operators.

"We know the snow is going to come back, and we want to be ready and not have to play catch up," said Nadia Guerriero, general manager of the Village at Northstar, who has managed a $3-million face-lift that includes new outdoor furniture, fire pits and a concert stage next to the village skating rink.

Most of the expenditures come from the deep pockets of two Colorado companies, Vail Resorts, which also owns and operates popular resorts in Colorado and Wyoming, and KSL Capital Partners, a private equity group in Denver. Combined, the two companies own or operate five of the biggest resorts around Lake Tahoe.

Despite erratic snow seasons, Vail Resorts and KSL say they are confident in the future of snow sports and see Lake Tahoe as an underdeveloped gem, in proximity to millions of potential resort visitors from the Bay Area, Sacramento and Southern California.

"Lake Tahoe is a place of unparalleled natural beauty with large, dynamic and successful markets in San Francisco, Sacramento and Reno," said Eric Resnick, a managing director at KSL. "We feel we have the ability to invest and upgrade the resorts and take full advantage of these assets."

Vail Resorts first moved into the Lake Tahoe area with the purchase of Heavenly ski resort in 2002. The company took over Northstar in 2010 and Kirkwood in February.

KSL acquired Squaw Valley ski resort in 2010 and took over Alpine Meadows in 2011, combining the operations to offer skiers 44 lifts and 270 trails on more than 6,000 acres of land.

For the last few years, Lake Tahoe resort owners have been discussing making a bid to host the 2022 Winter Olympics while making capital improvements crucial to winning over the International Olympic Committee, which chooses the host city for the Games.

But the U.S. Olympic Committee decided this summer that it would not bid on the 2022 games, opting instead to wait for the Summer Games of 2024 or Winter Olympics of 2026.

Even if Lake Tahoe doesn't host a Winter Olympics, Vail and KSL officials say they see the resort upgrades as smart investments sure to pay off in the long run.

Only a year after Vail Resorts spent $63 million to take over operations at Northstar in 2010, the company began to spend upward of $30 million for a new lodge with 700 seats for drinking and dining, a new high-speed chairlift and two intermediate trails on the backside of the mountain. Snowboarding legend Shaun White was even tapped to design a 22-foot halfpipe.

At the new Zephyr Lodge, which opened last December, Bill Rock, vice president and chief operating officer at Northstar California, pointed to the self-serve salad bar, the food counter that serves Asian fusion dishes and the wall of windows that look out on the snow-capped Sawtooth Ridge.

"Before we built this lodge there was no place to get food up here," he said. "Our guest survey scores have been going up ever since Vail Resorts came in."

Across the lake, Heavenly ski resort completed building a similar on-mountain lodge, Tamarack, in 2010.

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Three anarchists get prison terms in Ohio bridge bomb plot

Three men who pleaded guilty to participating in a failed plot to bomb an Ohio bridge in April were sentenced Tuesday to federal prison.

The case involved a paid confidential informant who provided a dummy bomb and other help to the men as FBI agents listened in on their plans. The plot culminated with a failed detonation attempt on a bridge in Cuyahoga Valley National Park on the eve of leftist May Day protests in Chicago and elsewhere.

In the antigovernment plot outlined by prosecutors, the men had participated in the Occupy movement, but channeled their political frustration into planned violence.

Douglas L. Wright, 27, of Indianapolis, a drifter considered by prosecutors to be the ringleader -- and considered by others as troubled -- was sentenced to 11 1/2 years in federal prison after previously pleading guilty to charges of conspiracy to use weapons of mass destruction, attempted use of weapons of mass destruction, and malicious use of an explosive device to destroy property used in interstate commerce.

Brandon L. Baxter, 20, of Lakewood, Ohio, an alcohol and drug addict who friends defended as compassionate, was sentenced to nine years and nine months. Connor C. Stevens, 20, of Berea, Ohio, a poet who drifted between varying nooks of anarchist ideology before getting involved in the plot, was sentenced to eight years and one month.

All three apologized in court but will appeal sentences that were lengthened by a terrorism enhancement, according to the Associated Press. Once out of prison, they will remain on probation for life.

The case rankled leftists, who worried about law enforcement trying to entrap Occupy Wall Street protesters in phony terrorist plots.

Defense lawyers objected to what they called an overly aggressive confidential informant with a history of check fraud, arguing that the informant had pushed their clients into attempting a bomb plot they never would have tried on their own.

Prosecutors countered that the defendants had chosen the bridge as a target after months-long deliberation over anti-corporate and antigovernment targets. The government lawyers produced wiretap recordings of the defendants considering targets that would produce extensive property damage, occasionally hoping to minimize human loss, occasionally accepting potential deaths as OK.

According to the prosecution, after placing the bomb at the base of the bridge, Baxter asked, “How are we going to make sure there’s no cars on the bridge when it happens?”

“We can’t,” Wright said.

Baxter replied, “OK.”

The men then tried to blow up the bridge remotely from a nearby Applebee's. The bomb was a fake, so it never detonated.

"In a calculated fashion, these three defendants identified a viable target, purchased what they believed to be military-grade explosives, and attached those explosives to that target,” FBI Special Agent in Charge Stephen D. Anthony said in a statement. “Not until they were safely miles away enjoying a meal did they casually attempt to remotely detonate the device, believing they were causing significant damage to the bridge, all in the hopes of furthering their ideological views."

Another defendant, Anthony Hayne, 35, had previously pleaded guilty to the plot in exchange for his testimony against his cohorts, and is scheduled to be sentenced Wednesday. The fifth defendant, Joshua Stafford, 23, of Cleveland, was being evaluated to see whether he was mentally fit enough to stand trial.

matt.pearce@latimes.com

Twitter: @mattdpearce

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Elmo left behind on 'Sesame Street' as actor exits

NEW YORK (AP) — Even on "Sesame Street," where everything is famously A-OK, problems can arise for its residents.

And that includes the Muppets. Cookie Monster grapples with an eating disorder. Oscar the Grouch gets cranky. Mr. Snuffleupagus gets the blues.

But Elmo seemed immune to any of that. Since enjoying his breakout success more than two decades ago, the 3 1/2-year-old red monster has radiated good cheer, love and trilling giggles. No wonder everyone — adults as well as children — adores him.

The key to Elmo is "his innocence, his positiveness and his sweetness," according to Kevin Clash, the man who created him and once told The Associated Press, "I would love to be totally like Elmo."

Now Clash has been scandalously separated from Elmo and from "Sesame Street," the TV series where he reigned behind the scenes for 28 years.

Clash spoke of "personal matters" as the cause of his resignation Tuesday after an unthinkable nine-day stretch that began with an unnamed man in his 20s claiming he had sex with Clash at age 16. That allegation was quickly recanted. But then came another accusation of sexual abuse, and a lawsuit.

That second accuser, a 24-year-old college student named Cecil Singleton, said the actor had engaged in sexual behavior with him when he was 15. He is suing Clash for $5 million.

"I am deeply sorry to be leaving," said Clash in his parting statement, "and am looking forward to resolving these personal matters privately."

But privacy may no longer be possible for Clash, the 52-year-old divorced father of a grown daughter who acknowledged last week that he is gay. Singleton's lawyer, Jeff Herman, said he has been contacted by two other potential victims of Clash and expects additional legal action.

At a news conference Tuesday, Singleton said he and Clash met on a gay chat line and then, for a two-week period, they engaged in sexual contact, though not intercourse. Sex with a person under 17 is a felony in New York if the perpetrator is 21 or older.

Singleton said he didn't know Clash's profession until years later, when he Googled the man's name.

"I was shocked when I found out what he did for a living," said Singleton.

Now that career has ended for Clash, who, in his dream job as a puppeteer for "Sesame Street," was assigned a little-used puppet now known as Elmo, then turned him into a star. In the process, Clash won 23 daytime Emmy awards and one prime-time Emmy. He published his 2006 autobiography, "My Life as a Furry Red Monster," and was the subject of the 2011 documentary "Being Elmo: A Puppeteer's Journey."

Elmo overshadowed Big Bird and other "Sesame" Muppets in popularity and screen time, while marginalizing the cast of live actors. Since 1998, he has had his own show-within-a-show on "Sesame Street" in addition to appearances elsewhere in the hour.

He is also a major moneymaker for Sesame Workshop, the New York-based company that produces the show, and for licensees. At his merchandising height in 1996, he inspired the Tickle Me Elmo doll, which became a cultural phenomenon and that Christmas season's hottest toy.

This year's Elmo dolls, "LOL Elmo," which giggles, and "Let's Rock! Elmo," which sings and comes with a microphone and drum set, haven't made any of this year's hot toy lists. Even so, Elmo toys probably account for one-half to two-thirds of the $75 million in annual sales the "Sesame Street" toy line generates for toy maker Hasbro, estimates BMO Capital Markets analyst Gerrick Johnson.

Johnson said he wasn't sure how this week's news might affect sales of Elmo toys this holiday.

"How many people are going to want to explain to their kid why they're not getting an Elmo?" he asked.

On Tuesday, Hasbro issued a statement saying "We are confident that Elmo will remain an integral part of Sesame Street and that Sesame Street toys will continue to delight children for years to come."

Despite his resignation, Clash will remain an integral part of "Sesame Street" for the foreseeable future. Taping of season No. 44 will wrap by mid-December and will begin airing next September, according to someone close to the show who spoke on condition of anonymity because the person was not authorized to publicly discuss details of its production. That means new episodes with Clash performing as Elmo will presumably continue well into 2014.

As for who might take over as Elmo, other "Sesame Street" puppeteers were already being trained to serve as Clash's stand-in, Sesame Workshop said. It's part of an understudy policy being adopted for all the major Muppet characters.

But no one knows how Elmo will fare going forward. Will the jokes spurred by Clash's downfall leave a lasting mark on Elmo's image? Will there be parents who see him tainted by association with the man who brought him to life?

In the wake of a personal tragedy that may still be unfolding, Elmo's innocence, positiveness and sweetness will be put to the test.

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AP Television Writer David Bauder and AP Retail Writer Mae Anderson contributed to this report.

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