Three witnesses won’t be charged in Ohio football rape case: documents






(Reuters) – At least three members of a high school football team in Steubenville, Ohio, received word they would not be prosecuted just days before testifying against teammates accused of raping a 16-year-old girl, according to documents obtained by Reuters.


In letters from Ohio Attorney General Mike DeWine’s office addressed to each student’s lawyer, the state committed to not prosecuting Evan Westlake, Anthony Craig and Mark Cole, three witnesses for the prosecution.






But DeWine said on Thursday his office had made no deal with any of the witnesses involved in the case.


“We have offered nothing, made no promises to any witness in this case. … No deals have been cut with anybody,” DeWine told WTOV television in comments confirmed by his spokesman.


The case has unsettled Steubenville, a city of 19,000 near the Pennsylvania border where football has a powerful influence.


Community leaders have criticized authorities, voicing suspicion they have avoided charging more players who could have been involved in order to protect the school’s beloved football program.


Days after the letters were sent, all three players testified at a pre-trial hearing against teammates Ma’lik Richmond and Trenton Mays, both 16, who were charged with raping a classmate at a party attended by many teammates last August. Richmond and Mays were set to be tried as juveniles in February.


Although evidence in the criminal case showed each player “may not have conducted himself in a responsible or appropriate manner, his behavior did not rise to the level of any criminal conduct,” all three letters say. “Therefore, we will not prosecute your client for his actions on August 11-12, 2012.”


Walter Madison, an attorney who represents one of the students charged with rape, verified the letters’ authenticity, but declined to comment further.


The letters can protect the players from criminal charges, said John Burkoff, a criminal law professor at the University of Pittsburgh.


“If the government says that it won’t prosecute you and then changes its mind, you can argue that it can’t go back on that,” he said. “It’s constitutional estoppel (an impediment).”


The letter to Westlake, dated September 28, was signed by Ohio Associate Attorney General Marianne Hemmeter. The other two letters were signed by Ohio Associate Assistant Attorney General Jennifer Brumby and dated October 9, three days before the trio testified against their teammates. Brumby and Hemmeter conducted the questioning at that hearing.


Attorney General spokesman Dan Tierney said the state decided the students would go uncharged only for the crime of illegal use of a minor in nudity-oriented material.


“We would stand by the attorney general’s previous comments,” he told Reuters on Thursday.


The case shot to national prominence last week when the online activist group Anonymous made public a picture of the purported rape victim being carried by her wrists and ankles by two young men. Anonymous also released a video that showed several other young men joking about an assault.


(Editing by Daniel Trotta and Peter Cooney)


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Relatives of singer Jenni Rivera’s co-passengers sue over plane crash






LOS ANGELES (Reuters) – Family members of four passengers who died with singer Jenni Rivera when her plane crashed in northern Mexico last year sued her corporation and the current and former owners of the aging Learjet they called a “bucket of bolts” on Thursday.


The plaintiffs alleged in their Los Angeles Superior Court lawsuit that the 43-year-old aircraft was unsafe and being flown by two unqualified pilots when it nosedived from 28,000 feet into mountainous terrain.






“We are trying to unravel the mystery of how this came to be. Who selected this plane, what condition was this plane in and how did these pilots get behind the stick of this aircraft?” plaintiffs’ attorney Paul Kiesel said.


“We want to provide answers for my clients and for the community mourning these brilliant lives,” he said.


Rivera and her fellow passengers were flying from Monterrey, Mexico, to an airport in the Mexico City suburb of Toluca in the early morning hours of December 9 when the Learjet 25 went down.


The 43-year-old California-born singer, best known for her work in the Mexican folk Nortena and Banda genres, had been headed to Mexico City for an appearance on the TV singing competition “The Voice Mexico.”


Killed with her were publicist Arturo Rivera (no relation), make-up artist Jacobo Yebale, attorney Mario Macias Pacheco and hair stylist Jorge Armando “Gigi” Sanchez Vasquez, along with the pilot and co-pilot.


Since the plane was registered in the United States, members of the National Transportation Safety Board are taking part in the investigation, which was expected to last a year.


Representatives for Jenni Rivera Enterprises and for Starwood Management, the charter company that owned the aircraft at the time of the crash, could not be reached by Reuters for comment on the lawsuit.


A Starwood executive previously told the Los Angeles Times that the plane was properly maintained and suggested that the 78-year-old pilot, Miguel Perez Soto, might have suffered a heart attack or become incapacitated in some way.


According to the 22-page lawsuit, the multi-engine plane involved in the crash had been built in 1969 and “was such an old airplane that it was referred to as a ‘bucket of bolts.’”


The lawsuit says it struck a runway marker at an airport in Texas in 2005, which left the plane with structural damage.


The plaintiffs also say in the court papers that Soto was not licensed to fly the Learjet above 18,000 feet or with paying passengers. The co-pilot, 20-year-old Alejandro Jose Torres, also lacked certification for flying the plane under those conditions, according to the lawsuit.


(Editing by Cynthia Johnston and Peter Cooney)


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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says





New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.




City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.


Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.


But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.


In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.


“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.


City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.


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Boeing to cut 40% of jobs, space at Texas plant













Boeing job cuts


Guest are reflected in a Dreamliner fuselage at the jet's debut July 8, 2007, at the Boeing plant in Everett, Wash.
(Robert Sorbo/Reuters / January 10, 2013)



























































Boeing Co. said it will cut a little more than 40 percent of jobs, or 160 positions, at its El Paso, Texas, plant in response to planned U.S. defense budget reductions.

The company said it will trim occupied square footage 50 percent at the plant by moving from three buildings to one. The plant in Texas manufactures electronics for a variety of Boeing products.

The cuts will be completed by the end of 2014, the company said.

Boeing announced a major restructuring of its defense division in November that would cut 30 percent of management jobs from 2010 levels, close facilities and consolidate several business units.

The company's shares closed at $77.09 on the New York Stock Exchange on Thursday.


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New General Assembly to face many old issues









SPRINGFIELD—





— A new Illinois General Assembly was inaugurated Wednesday, but lingering beyond the flowers, family and speeches was a host of unfinished business.

The old Legislature adjourned Tuesday without fixing the state's broken public pension system. Also left unresolved were the divisive issues of same-sex marriage, gun regulation and gambling expansion. It'll be a while before such problems are tackled — the part-time lawmakers are scheduled to go home for a few weeks before returning to the Capitol.

In the House, Speaker Michael Madigan remains in charge, as he has for all but two of the past 30 years. In the Senate, President John Cullerton starts his fifth year running the show. Both Chicago Democrats now wield veto-proof majorities after many voters throughout the state opted against the Republican alternative in November legislative races.

That new Democratic power brings added pressure to perform was not lost on Cullerton, who said his party's 40-19 advantage over the GOP is the largest in the nation and in state history.

"I know a lot of you are thinking, 'This is great. We've got 40 members. I don't have to take any tough votes,'" Cullerton told his Democrats in a decorated Senate chamber as family members were entertained by a rendition of the 1960s tune "Feeling Good."

"But if everybody thought like that, we wouldn't get anything done, would we?" he said.

Madigan, the longest-serving speaker in state history, told House members that key issues remain "terribly contentious, terribly divisive."

"We have to call upon our inner resolves to dedicate ourselves to the solution of these problems, working cooperatively with the other members of the House of Representatives and the Senate," said Madigan, who leads a 71-47 Democratic majority.

Still, Madigan gave a grave assessment of the poorly funded pensions, saying he would "emphasize the absolutely serious nature of the fiscal condition."

In the waning days of the legislative session that concluded Tuesday, Madigan made what he said was a good-faith effort to spur pension talks by lifting a demand that suburban and downstate teacher retirement costs be shifted from the state to local school districts. That's now back on the table for Madigan, who called it a "free lunch."

"Serious, serious problem, and if we're serious about solving the problem, that must be addressed," Madigan said.

The cost-shift provision is adamantly opposed by Republicans and some suburban Democrats who maintain that it will lead to local property tax increases.

After failing to come up with a pension solution before the clock ran out this week, Cullerton said that Senate Bill 1, legislation often symbolizing the top agenda item, would be a pension measure combining aspects of unresolved Senate-passed and House-sponsored plans.

"The finances of our pension system have to be addressed in a fair and constitutional manner. The issue has lingered for generations and threatens to doom future generations if something isn't done," Cullerton said.

"We are on the verge of our state budget being turned into a financial plan that funds pension benefits, not essential services. Our investments in higher, elementary and secondary education and human services are increasingly crowded out — some might say, squeezed — by our pension costs," Cullerton said in a nod to Democratic Gov. Pat Quinn, whose grass-roots pension reform movement used a cartoon mascot, Squeezy, the Pension Python.

Though Cullerton cast a vote for Senate Republican leader Christine Radogno of Lemont for Senate president, as she did for him in a symbolic display of bipartisanship, Radogno said "many people in Illinois really don't have a lot of confidence in us and hopefully we can turn that around."

"We have to come to grips with some of the very real problems that we have," she said. "The underlying pillar that will allow us to begin to address them is solving the pension problem."

House Republican leader Tom Cross of Oswego called for "incredibly bold ideas and incredibly bold solutions."

"We're facing challenges in the state that we probably haven't seen as a General Assembly since the Great Depression," Cross said.

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Three top U.S. wireless carriers to embrace BlackBerry 10






LAS VEGAS (Reuters) – Three of the top U.S. cellphone carriers signaled this week that they would support Research In Motion’s BlackBerry 10 products, the first of which are due to be unveiled Jan 30, offering a hopeful sign for RIM’s comeback effort.


Executives at Verizon Communications , AT&T Inc and T-Mobile USA all said they are looking forward to the devices, which will be crucial for RIM’s chances of regaining lost ground from rivals such as Apple Inc and Samsung Electronics .






“We’re hopeful its going to be a good device,” Lowell McAdam, chief executive of Verizon Communications, majority owner of the biggest U.S. mobile service Verizon Wireless.


“We’ll carry it,” McAdam said in an interview at the Consumer Electronics Show in Las Vegas.


BlackBerry 10 is RIM’s next-generation mobile operating platform and it is preparing to launch new smartphones later this month. Word that major carriers will offer the devices is good news for RIM.


RIM, which once commanded the lead in the smartphone market, has rapidly lost ground to Apple’s iPhone and Samsung’s line of Galaxy products, especially in North American and European markets, as customers abandon its aging BlackBerry devices.


It has been testing the new BlackBerry 10 devices with carriers so they can assess their compatibility with networks.


No. 4 U.S. mobile provider T-Mobile USA, a unit of Deutsche Telekom , also plans to carry the new BlackBerry 10.


“We’re extremely optimistic that it’s going to be a successful product and our business customers are extremely interested in it,” Chief Executive John Legere said.


AT&T has promised to support the BlackBerry 10 platform, according to Chief Marketing Officer David Christopher, but he would not discuss specific devices.


However, AT&T handset executive Jeff Bradley made it clear that the No. 2 U.S. mobile operator would carry the phone.


“It’s logical to expect our current (BlackBerry) customers will have the best BlackBerry devices to choose from in the future,” Bradley said.


(Reporting By Sinead Carew; Editing by Cynthia Osterman)


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Award winning U.S. reporter Richard Ben Cramer dies of lung cancer






(Reuters) – Pulitzer-Prize winning correspondent and author Richard Ben Cramer, best known for his chronicle of the 1988 U.S. presidential election, died on Monday in Baltimore.


The cause of death was lung cancer, according to the Philadelphia Inquirer, where Cramer worked for seven years. He was 62.






Cramer won the 1979 Pulitzer Prize in international reporting for his coverage of Middle Eastern affairs for the Philadelphia Inquirer. Esquire named his 1986 profile of Boston Red Sox slugger Ted Williams one of the seven greatest stories published in the magazine’s history.


“What It Takes: The Way to the White House,” Cramer’s 1,000-page account of the 1988 presidential campaign, painted a rich portrait of American political luminaries such as former U.S. President George H. W. Bush, former Democratic presidential nominee Michael Dukakis, former Republican presidential nominee Bob Dole and current U.S. Vice President Joe Biden.


Though it received tepid reviews at the time of its 1992 publication, it was ultimately hailed as one of the best books of political journalism. New York University’s Arthur L. Carter Journalism Institute named “What It Takes” one of the top 100 works of U.S. journalism in the 20th century.


Cramer’s prolific writing career included stints at the Inquirer and Baltimore Sun newspapers, contributions to magazines like Esquire and Sports Illustrated, and multiple books on topics as diverse as the Israel-Palestine conflict and the life of New York Yankees legend Joe DiMaggio.


A native of Rochester, New York, Cramer earned degrees from Johns Hopkins University in Baltimore and Columbia University’s Graduate School of Journalism. At the time of his death, he was living in Chestertown, Maryland in an old white farmhouse that he picked out with the help of Biden, Politico reported in 2010.


Cramer had been working on a book about New York Yankee third baseman Alex Rodriguez, tentatively titled “The Importance of Being Alex: A Life with the Yankees,” before taking a hiatus in 2012, the New York Daily News reported in June.


(Reporting by Peter Rudegeair; Editing by Paul Thomasch and Andrew Hay)


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Americans Under 50 Fare Poorly on Health Measures, New Report Says





Younger Americans die earlier and live in poorer health than their counterparts in other developed countries, with far higher rates of death from guns, car accidents and drug addiction, according to a new analysis of health and longevity in the United States.




Researchers have known for some time that the United States fares poorly in comparison with other rich countries, a trend established in the 1980s. But most studies have focused on older ages, when the majority of people die.


The findings were stark. Deaths before age 50 accounted for about two-thirds of the difference in life expectancy between males in the United States and their counterparts in 16 other developed countries, and about one-third of the difference for females. The countries in the analysis included Canada, Japan, Australia, France, Germany and Spain.


The 378-page study by a panel of experts convened by the Institute of Medicine and the National Research Council is the first to systematically compare death rates and health measures for people of all ages, including American youths. It went further than other studies in documenting the full range of causes of death, from diseases to accidents to violence. It was based on a broad review of mortality and health studies and statistics.


The panel called the pattern of higher rates of disease and shorter lives “the U.S. health disadvantage,” and said it was responsible for dragging the country to the bottom in terms of life expectancy over the past 30 years. American men ranked last in life expectancy among the 17 countries in the study, and American women ranked second to last.


“Something fundamental is going wrong,” said Dr. Steven Woolf, chairman of the Department of Family Medicine at Virginia Commonwealth University, who led the panel. “This is not the product of a particular administration or political party. Something at the core is causing the U.S. to slip behind these other high-income countries. And it’s getting worse.”


Car accidents, gun violence and drug overdoses were major contributors to years of life lost by Americans before age 50.


The rate of firearm homicides was 20 times higher in the United States than in the other countries, according to the report, which cited a 2011 study of 23 countries. And though suicide rates were lower in the United States, firearm suicide rates were six times higher.


Sixty-nine percent of all American homicide deaths in 2007 involved firearms, compared with an average of 26 percent in other countries, the study said. “The bottom line is that we are not preventing damaging health behaviors,” said Samuel Preston, a demographer and sociologist at the University of Pennsylvania, who was on the panel. “You can blame that on public health officials, or on the health care system. No one understands where responsibility lies.”


Panelists were surprised at just how consistently Americans ended up at the bottom of the rankings. The United States had the second-highest death rate from the most common form of heart disease, the kind that causes heart attacks, and the second-highest death rate from lung disease, a legacy of high smoking rates in past decades. American adults also have the highest diabetes rates.


Youths fared no better. The United States has the highest infant mortality rate among these countries, and its young people have the highest rates of sexually transmitted diseases, teen pregnancy and deaths from car crashes. Americans lose more years of life before age 50 to alcohol and drug abuse than people in any of the other countries.


Americans also had the lowest probability over all of surviving to the age of 50. The report’s second chapter details health indicators for youths where the United States ranks near or at the bottom. There are so many that the list takes up four pages. Chronic diseases, including heart disease, also played a role for people under 50.


“We expected to see some bad news and some good news,” Dr. Woolf said. “But the U.S. ranked near and at the bottom in almost every heath indicator. That stunned us.”


There were bright spots. Death rates from cancers that can be detected with tests, like breast cancer, were lower in the United States. Adults had better control over their cholesterol and high blood pressure. And the very oldest Americans — above 75 — tended to outlive their counterparts.


The panel sought to explain the poor performance. It noted the United States has a highly fragmented health care system, with limited primary care resources and a large uninsured population. It has the highest rates of poverty among the countries studied.


Education also played a role. Americans who have not graduated from high school die from diabetes at three times the rate of those with some college, Dr. Woolf said. In the other countries, more generous social safety nets buffer families from the health consequences of poverty, the report said.


Still, even the people most likely to be healthy, like college-educated Americans and those with high incomes, fare worse on many health indicators.


The report also explored less conventional explanations. Could cultural factors like individualism and dislike of government interference play a role? Americans are less likely to wear seat belts and more likely to ride motorcycles without helmets.    


The United States is a bigger, more heterogeneous society with greater levels of economic inequality, and comparing its health outcomes to those in countries like Sweden or France may seem lopsided. But the panelists point out that this country spends more on health care than any other in the survey. And as recently as the 1950s, Americans scored better in life expectancy and disease than many of the other countries in the current study.


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Redbox streaming/DVD service attracts 10K to test









Redbox Instant, the online-video service owned by Verizon Communications Inc. and Coinstar Inc., has signed 10,000 users to its public test and is seeking 35 million customers overall.

The service, which combines streaming with Redbox kiosk discs, focuses on movies and intends to draw customers from competitors that don't offer DVD rentals, Chief Executive Shawn Strickland said in an interview Wednesday at the International Consumer Electronics Show in Las Vegas.

"We're not the Netflix killer," Strickland said after a presentation to reporters. "We're focused on movies. DVDs are our core, that's a core differentiator."

Redbox Instant, at $8 to $9 a month, is counting on price and convenience to attract customers. Users will get unlimited streaming plus four DVDs a month from kiosks. The service also offers on-demand rentals and digital sales of newer titles. Redbox Instant has 4,200 movies in its streaming library and 2,500 available on VOD.

Films from Lions Gate, Paramount Pictures, Warner Bros., Universal Pictures, Sony Pictures and Relativity Media will be available for purchase and on-demand rental.

Netflix had 27.5 million U.S. streaming and mail-order DVD subscribers as of Sept. 30. The company, based in Los Gatos, Calif., charges $7.99 a month for unlimited streaming and the same amount for DVDs sent by mail.

Coinstar's Redbox unit, which is based in Oakbrook Terrace, operates about 42,000 kiosks.

Redbox Instant may add television shows if the company can offer programs that aren't available elsewhere, Strickland said.

"Ultimately the strategy for us in the content space has to be bringing people in, and TV is part of that," Strickland said.

Redbox Instant's business model differs from Netflix and other streaming services in that it compensates studios based on the number of subscribers instead of making a large upfront payment.



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Attorney: Poisoned lottery winner's widow has 'nothing to hide'









The widow of a West Rogers Park man who died of cyanide poisoning weeks after winning a $1 million lottery jackpot was questioned extensively by Chicago police last month after the medical examiner's office reclassified the death as a homicide, her attorney told the Tribune on Tuesday.


Authorities investigating the death of Urooj Khan also executed a search warrant at the home he had shared with his wife, Shabana Ansari, according to Steven Kozicki, her attorney. Ansari later was interviewed by detectives for more than four hours, answering all their questions, the attorney said.


"She's got nothing to hide," Kozicki said.





The mystery surrounding Khan's death — first reported by the Tribune in a front-page story Monday — has sparked international media interest.


Cook County authorities said Tuesday that they plan to go to court in the next few days for approval to exhume Khan's remains at Rosehill Cemetery. In a telephone interview Tuesday, Medical Examiner Stephen J. Cina said he sent a sworn statement to prosecutors laying out why the body must be exhumed.


"I feel that a complete autopsy is needed for the sake of clarity and thoroughness," Cina said.


Sally Daly, a spokeswoman for the state's attorney's office, confirmed that papers seeking the exhumation would be filed soon in the Daley Center courthouse.


Khan, who owned a dry cleaning business on the city's North Side, died unexpectedly in July at 46, just weeks after winning a million-dollar lottery prize at a 7-Eleven store near his home. Finding no trauma to his body and no unusual substances in his blood, the medical examiner's office declared his death to be from natural causes and he was buried without an autopsy.


About a week later, a relative told authorities to take a closer look at Khan's death. By early December, comprehensive toxicology tests showed that Khan had died of a lethal amount of cyanide, leading the medical examiner's office to reclassify the death a homicide and prompting police and prosecutors to investigate.


While a motive has not been determined, police have not ruled out that Khan was killed because of his big lottery win, a law enforcement source has told the Tribune. He died before he could collect the winnings — about $425,000 after taxes and because he decided to take a lump-sum payment.


According to court records obtained by the Tribune, Khan's brother has squabbled with Ansari over the money in probate court. The brother, Imtiaz, raised concern that because Khan left no will, his 17-year-old daughter from a previous marriage would not get "her fair share" of her father's estate. Khan and Ansari did not have children.


Al-Haroon Husain, an attorney for Ansari in the probate case, said the money was all accounted for and the estate was in the process of being divided up by the court. Under Illinois law, the estate typically would be split evenly between the surviving spouse and Khan's only child, he said.


Kozicki, Ansari's criminal defense attorney, said his client adored her husband and had no financial interest in seeing harm come to him.


"Now in addition to grieving her husband, she's struggling to run the business that he essentially ran while he was alive," Kozicki said. "Once people analyze it, they (would) realize she's in a much worse financial position after his death than she was before."


Reached by phone Tuesday evening at the family dry cleaners, Ansari denied reports that she had fed her husband a traditional Indian meal of ground beef curry before he died. She said he wasn't feeling well after awakening in the middle of the night. She said he sat in a chair and soon collapsed. She then called 911.


Chicago police Superintendent Garry McCarthy, speaking Tuesday at an unrelated news conference, remarked that he had never seen a case like this in 32 years in law enforcement.


"So I'll never say that I've seen everything," he told reporters.


jmeisner@tribune.com


jgorner@tribune.com



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