Testimony about Colorado massacre resumes in James Holmes hearing

More emotional testimony was expected at a hearing on the Aurora movie theater massacre, as prosecutors continued to lay out their case against the defendant, James Holmes.









CENTENNIAL, Colo. — Vivid testimony about the movie theater massacre that shocked a nation extended into a second day as a preliminary hearing for James E. Holmes resumed Tuesday.


Prosecutors continued to lay out their case against Holmes, 25, accused of killing 12 people and injuring about 70 during a shooting rampage on July 20 in a suburban cinema. At issue in the proceeding, expected to last a week, is whether there is a sufficient case to go to trial.


In the first day of testimony Monday, law enforcement officials described the bloody shooting scene and heartbreaking rescue attempts to bring the gravely wounded to treatment.








PHOTOS: Colorado movie theater shooting


The prosecution has been trying to show that Holmes acted deliberately while the defense in cross-examination has focused on how the former neuroscience graduate student appeared emotionally detached, bolstering their expected insanity presentation.


Throughout, Holmes has sat impassive, while some of the victims' relatives have wept during the more graphic testimony.

On Tuesday, the atmosphere at the Arapahoe County Court House contained less of the frenzy that marked the first day. Yet the proceedings come as the debate over gun control has heated up in the wake of the attack last month in Newtown, Conn., in which 20 children and six adults were killed by a lone gunman who invaded the Sandy Hook Elementary School. The gunman first killed his mother in their home and ended his shooting spree by killing himself.


WHO THEY WERE: Aurora theater shooting


Tuesday’s testimony also comes as the nation commemorates the second anniversary of the Tucson shooting where six died and 13 were injured when gunman Jared Lee Loughner opened fire in a supermarket parking lot where former Rep. Gabrielle Giffords was holding a meet-and-greet with her constituents. Tucson, which has had events for several days, will mark the exact time of the shooting with the ringing of bells across the city at the moment of the morning attack.


Giffords, who went through a painful recovery and rehabilitation for gun wounds to the head, has become a spokeswoman for greater gun control. She and her husband, former astronaut Mark Kelly, announced they would raise money to support gun control efforts. The pair visited Newtown last week.


On Monday, Aurora police testified about the horrors they found in the theater, including blood-soaked aisles and walls, crumpled bodies, and scores of spent shell casings.

TIMELINE: U.S. mass shootings


The prosecution also showed surveillance video of Holmes entering the theater complex just past midnight. He had purchased his ticket 12 days earlier. The chilling, soundless video shows Holmes redeeming his ticket at a kiosk, giving it to a ticket taker, then lingering near the concession stand for a few minutes before turning toward Theater 9, where the Batman movie, “The Dark Knight Rises” was playing.


Prosecutors have yet to announce whether they will seek the death penalty.


ALSO:


Supreme Court rejects challenge to Obama stem cell policy


Chicago man fatally poisoned a month after hitting lotto jackpot


Alabama police: High school white supremacist planned bomb attack


Deam reported from Centennial, Colo.; Muskal reported from Los Angeles. 








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Google offers New York City neighborhood free WiFi






(Reuters) – Google Inc and a New York redevelopment organization are providing a Manhattan neighborhood with free public WiFi Internet access, making it the largest area of coverage in New York City.


The search giant and the non-profit Chelsea Improvement Co are making Internet access available outdoors in Chelsea, which is home to Google’s New York offices and several technology start-ups.






The neighborhood is also home to many students, as well as residents of one of the city’s public housing developments.


Google does not plan to extend the program, a company spokesman said on Tuesday.


The company also provides free Internet access to the city of Mountain View, California, where its main campus is located.


New York City Mayor Michael Bloomberg and U.S. Senator Charles Schumer helped unveil the initiative.


(Reporting by Jennifer Saba in New York; Editing by Dan Grebler)


Tech News Headlines – Yahoo! News





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Fox: Passion, disagreements with new 'Idol' team


PASADENA, Calif. (AP) — Five minutes into their season-opening news conference and the new team at "American Idol" were having their first disagreement — about their disagreements. Then Mariah Carey and Nicki Minaj kept it going.


"We're professionals. Have you ever had an argument with someone you've worked with?" Minaj said after repeated questions Tuesday about her reported feud with new fellow judge Carey.


"This was sort of one-sided," interjected Carey, wearing a queenly smile.


"No, it wasn't," snapped back Minaj.


Fox network executive Mike Darnell was asked by reporters with the Television Critics Association if the clash was authentic. He said there was a lot of musical passion within the group, which also includes country star Keith Urban and returning judge Randy Jackson, and that triggered disagreements.


"The fighting is what it is," Carey said at one point. "This is 'American Idol.' It's bigger than all that. It's bigger than some stupid trumped-up thing."


Reports that the two divas were at odds surfaced last fall. On "The View," Barbara Walters recounted a phone conversation with Carey in which the pop star said that Minaj threatened to shoot her after a taping. The rapper quickly responded with dismissive tweets.


Trumped up or not, she and Minaj appeared on the panel with Urban carefully placed between them and indulged in their briefly testy "one-sided" exchange. But they also responded to a request to say something nice about each other.


Minaj called Carey one of her favorite all-time artists who has shaped a generation of singers. In return, Carey fondly recalled working with Minaj on a single titled — "ironically," as Carey noted — "Up Out My Face."


"I knew she was going to go far, and still is," Carey said.


"American Idol" begins its 12th season Wednesday facing questions once again about its ability to endure as a top-rated show, especially given the increasingly crowded talent show landscape that includes NBC's hit "The Voice." All the shows are down in the ratings, Darnell noted.


Veteran executive producer Nigel Lythgoe is used to hearing the query. Famous judges have the pre-debut spotlight and media attention but the contestants ultimately are what keep viewers watching, he said after the panel.


That's not to say the panel isn't key, said Trish Kinane, another executive producer.


"We wanted judges who were experts and had a right to be here, and we also wanted honesty," she said. "We very much took that into consideration. I think we've got it. They're not shrinking violets, they say what they think, and we encourage that."


Minaj displayed that Tuesday, saying firmly that "Idol" is not the show for rap, her own genre.


"If you're looking for people to believe you and feed you as a rapper, I wouldn't do it," said Minaj, adding that viewers love "American Idol" as an "honest singing competition, and I'm not here to change that."


___


Online:


http://www.fox.com


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Gaps Seen in Therapy for Suicidal Teenagers


Most adolescents who plan or attempt suicide have already gotten at least some mental health treatment, raising questions about the effectiveness of current approaches to helping troubled teenagers, according to the largest in-depth analysis to date of suicidal behaviors in American teenagers.


The study, posted online Tuesday by the journal JAMA Psychiatry, found that 55 percent of suicidal teenagers had received some therapy before they thought about suicide, planned it or tried to kill themselves, contradicting the widely held belief that suicide is due in part to a lack of access to treatment.


The findings, based on interviews with a nationwide sample of more than 6,000 teenagers and at least one parent of each, linked suicidal behavior to complex combinations of mood disorders like depression and behavior problems that include attention-deficit and eating disorders, as well as alcohol and drug abuse.


The study found that about one in eight teenagers had persistent suicidal thoughts at some point, and about a third of them had made a suicide attempt, usually within a year of having the idea.


Previous studies have had similar findings, based on smaller, regional samples. But the new study is the first to suggest, in a large nationwide sample, that access to treatment does not make a big difference.


The study suggests that effective treatment for severely suicidal teenagers must address not just mood disorders, but also behavior problems that can lead to impulsive acts, experts said. According to the Centers for Disease Control and Prevention, 1,386 people between the ages of 13 and 18 committed suicide in 2010, the latest year for which numbers are available.


“I think one of the take-aways here is that treatment for depression may be necessary but not sufficient to prevent kids from attempting suicide,” said Dr. David Brent, a professor of psychiatry at the University of Pittsburgh, who was not involved in the study. “We simply do not have empirically validated treatments for recurrent suicidal behavior.”


The report said nothing about whether the therapies given were state of the art, or carefully done, said Matt Nock, a professor of psychology at Harvard and the lead author; and it is possible that some of the treatments prevented suicide attempts. “But it’s telling us we’ve got a long way to go to do this right,” Dr. Nock said. His co-authors included Ronald C. Kessler of Harvard, and researchers from Boston University and Children’s Hospital Boston.


Margaret McConnell, a consultant in Alexandria, Va., said that her daughter Alice, who killed herself in 2006, at the age of 17, was getting treatment at the time. “I think there might have been some carelessness in the way the treatment was done,” Ms. McConnell said, “and I was trusting a 17-year-old to manage her own medication; we found out after we lost her that she wasn’t taking it regularly.”


In the study, researchers surveyed 6,483 adolescents from the ages of 13 to 18 and found that 9 percent of male teenagers and 15 percent of female teenagers experienced some stretch of having persistent suicidal thoughts. Among girls, 5 percent made suicide plans and 6 percent made at least one attempt (some were unplanned).


Among boys, 3 percent made plans and 2 percent carried out attempts – which tended to be more lethal than girls’ attempts.


(Suicidal thinking or behavior was virtually unheard-of before age 10.)


Over all, about one-third of teenagers with persistent suicidal thoughts went on to make an attempt to take their own lives.


Almost all of the suicidal adolescents in the study qualified for some psychiatric diagnosis, whether depression, phobias, or generalized anxiety disorder. Those with an added behavior problem – attention-deficit disorder, substance abuse, explosive anger – were more likely to act on thoughts of self-harm, the study found.


Doctors have tested a range of therapies to prevent or reduce recurrent suicidal behaviors, with mixed success. Medications can ease depression, but in some cases can increase suicidal thinking. Talk therapy can contain some behavior problems, but not all.


One approach, called dialectical behavior therapy, has proved effective in reducing hospitalizations and attempts in people with so-called borderline personality disorder, who are highly prone to self-harm, among others.


But suicidal teenagers who have a mixture of mood and behavior issues are difficult to reach. In one 2011 study, researchers at George Mason University reduced suicide attempts, hospitalizations, drinking and drug use among suicidal adolescent substance abusers. The study found that a combination of intensive treatments – talk therapy for mood problems, family-based therapy for behavior issues and patient-led reduction in drug use – was more effective that regular therapies.


“But that’s just one study, and it’s small,” Dr. Brent said. “We can treat components of the overall problem, but that’s about all.”


Ms. McConnell said that her daughter’s depression seemed mild and that there was no warning that she would take her life. “I think therapy does help a lot of people, if it’s handled right,” she said.


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Disneyland takes photos of guests to crack down on ticket abuse









Workers at Disneyland and Disney California Adventure Park took photos of visitors entering the parks Tuesday as part of a new effort to crack down on abuse of multi-day tickets.


The process of photographing guests--including children--delayed visitors getting into the park by about 45 minutes, according to park-goers.


"They delayed literally thousands of people in line to do this process," said Bob Shoberg, a San Jose resident who visited Disneyland with his wife, daughters, in-laws and grandchildren.





Disneyland officials denied that guests suffered significant delays.


Disney has long struggled to stop several businesses in Anaheim that buy multi-day park passes and then "lease" or "rent" the passes to visitors for individual days.


The scenario works like this: Ticket brokers might, for example, buy a three-day "park hopper" pass for $205 and rent the ticket to guests for $85 a day. The seller makes a profit of $50 and the guests, who would otherwise pay $125 for a one-day "park hopper" ticket, saves $40.


Disneyland policy prohibits visitors from sharing multi-day passes but the practice does not violate local laws.


To put a stop to the practice, Disneyland workers began Tuesday to photograph visitors who are using a multi-day pass for the first time, said park spokeswoman Suzi Brown.


When the pass is used a second time, Disneyland workers at the park turnstiles will see a photo of the guest pop up on a screen, she said. If the person at the turnstile is not the person shown on the photo, Brown said the guest won't be allowed to use the ticket.


The photo process involved a "very small percentage of guests" and did not cause a significant delay, she said.


ALSO:


After dark, the dirty work at Disneyland begins


Disneyland's Big Thunder Mountain Railroad to close for upgrades


Angry Birds Land set to debut at European theme park


Follow Hugo Martin on Twitter at @hugomartin





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Ten banks to pay $8.5 billion to settle foreclosure abuse review









WASHINGTON -- Ten of the nation's largest mortgage servicers have agreed to an $8.5-billion settlement with federal regulators to end a review of foreclosure abuses.


The settlement, announced Monday, involved some of the biggest names in the financial industry, including Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co. and Citigroup Inc..


They agreed to pay a total of $3.3 billion to more than 3.8 million borrowers whose homes were in foreclosure in 2009 and 2010, according to the Federal Reserve and the Office of the Comptroller of the Currency. Borrowers could receive as much as $125,000, depending on the type of problems with their foreclosures.





In addition, the banks agreed to provide $5.2 billion in other assistance to those borrowers, including modifications to their mortgages or having judgments against them forgiven.


The other servicers participating in the settlement are Aurora Loan Services, MetLife Bank, PNC Financial Services, Sovereign Bank, SunTrust Banks and U.S. Bancorp. Four smaller servicers whose foreclosure practices have been under review did not sign on to Monday's settlement.


Under the original plan devised by the comptroller and the Federal Reserve in April 2011, 4.4 million Americans whose homes were in foreclosure proceedings in 2009 and 2010 could request a free review. Only about half a million have done so.


Regulators decided to stop the reviews in exchange for the cash payments and assistance.


Borrowers who requested reviews would get bigger cash payments. Those that did not would get a few hundred dollars. Those who requested reviews would get bigger payments.


"When we began the Independent Foreclosure Review, the OCC pledged to fix what was broken, identify who was harmed and compensate them for that injury," said Comptroller of the Currency Thomas J. Curry. 


"While today's announcement represents a significant change in direction," he continued, "it meets those original objectives by ensuring that consumers are the ones who will benefit and that they will benefit more quickly and in a more direct manner."


Curry said that although regulators have "have learned a great deal from the reviews ... it has become clear that carrying the process through to its conclusion would divert money away from the impacted homeowners" and delay compensation to the borrowers.


Rep. Elijah E. Cummings (D-Md.), criticized the decision by regulators to reach a settlement with the mortgage servicers. 


"I am deeply disappointed that the OCC and the Federal Reserve finalized this settlement and effectively terminated the Independent Foreclosure Review process before providing Congress answers to serious questions about how this settlement amount was determined, who these funds will go to, and what will happen to other families who were abused by these mortgage servicing companies, but have not yet had their cases reviewed," Cummings said.


He said he didn't know "know what the rush was to make this settlement without answering these key questions" and that he had "serious concerns that this settlement may allow banks to skirt what they owe and sweep past abuses under the rug without determining the full harm borrowers have suffered."


 ALSO:


Investors bet BofA can begin to focus on expansion


$10-billion settlement of foreclosure abuse cases said to be near


Bank of America to pay Fannie Mae $10 billion in loan settlement


Follow Jim Puzzanghera on Twitter and Google+.





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Mark Zuckerberg faces fine in Germany over Facebook privacy violations









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Jimmy Kimmel moves to late-night's sweet spot


LOS ANGELES (AP) — During production of his final post-midnight show, Jimmy Kimmel's studio audience waited patiently while he taped a string of promotional spots.


"Hey, Denver: You, me, now at 10:35. Let's not be weird about this," the host quipped to the camera in his Hollywood Boulevard studio.


"This will be good for us," Kimmel said earnestly in another local station promo.


The message in each spot — whether "Jimmy Kimmel Live" is on at 11:35 p.m. in the East and West or earlier elsewhere — is that Kimmel will be playing in the same league as veterans Jay Leno and David Letterman, starting Tuesday with guests Jennifer Aniston and No Doubt.


The message Kimmel delivered to a recent teleconference was equally concise: He won't be changing his style for the move, pushing aside conventional wisdom that edgier late-night humor won't play in Peoria or elsewhere before the clock strikes 12.


It's "Jimmy Kimmel Live," after all, that has given the world such brashly funny videos as the Matt Damon-Sarah Silverman musical romp with bleep-worthy lyrics.


"There's this idea that you need to broaden the show or make it ... more wholesome or something like that. And I think that's a little bit out-of-date, that perception," Kimmel told reporters.


"I guess only time will tell," he added, in his typically low-key delivery.


Just as with Kimmel's promised approach to the most coveted time period in late-night, ABC is taking a bold step by swapping "Nightline" with his show. The news program, offering viewers a non-talk show option, has been the period's ratings leader.


But the network likely won't be sweating the early returns, according to analyst Brad Adgate of Horizon Media. He says putting Kimmel into the pre-midnight pocket, when more viewers are still up and watching, is a strategy aimed at an inevitable future.


"Leno and Letterman aren't going to be doing this forever," Adgate said, and ABC gives him a head start on establishing himself by putting him on now.


"This is something you may scratch your head at now, but in five years from now he's the incumbent and the leader" in the time period, the analyst said.


Long-term schemes, of course, don't always pan out. Despite anointing Conan O'Brien as its new "Tonight" host five years before he made the move in 2009, NBC ended up with a mess on its hands that saw O'Brien bolt to TBS and Leno retake "Tonight" in 2010 after his short-lived prime-time series.


Whether Kimmel gets a jump on his opponents-to-be — with Jimmy Fallon the expected pick for "Tonight" — being the late-night ruler is a far different proposition than in Johnny Carson's day. The "Tonight" institution, operating virtually unopposed, could average a nightly audience of as much as 15 million.


That's unimaginable in today's fragmented TV world. Leno claims the top talk-show spot with some 3.5 million average viewers, followed by Letterman on CBS with 2.8 million. "Jimmy Kimmel Live" was drawing under 2 million nightly viewers at 12:05 Eastern but, according to Nielsen Co. ratings, finished up 2012 with a 10-year viewership high.


The demographics also have changed, with more advertiser-favored young viewers gravitating to cable options such as Adult Swim or Comedy Central and increasingly likely to catch up online with the best moments of network late-night.


But the 11:35 p.m. East-West sweet spot remains the prize, and Kimmel may have more than the desire to succeed in mind. While he's a long-time admirer of Letterman, he's taken sharp public jabs at Leno, including blaming him for O'Brien's ill-fated tenure at "Tonight."


So Kimmel is humble about competing directly with Letterman (calling him a "legend in broadcasting" who shouldn't bat an eye at the prospect of new competition) but is throwing elbows at Leno, especially over the "Tonight" plan to get out ahead of "Jimmy Kimmel Live" by airing at 11:34 p.m. Eastern.


"Well, I think NBC has had a lot of success moving Jay Leno earlier so it makes perfect sense," he said, dryly, referring to Leno's short-lived prime-time stint. Kimmel dismissed the time-shifting as likely a brief "trick" to protect "Tonight" ratings, one that ultimately won't matter.


"This really isn't about the first month or about the first week or about the first night, it's a long-term thing," Kimmel told reporters. "If we do well the first week, I'm sure there will be a lot of press given to that. But what really matters is how you do in May, and that's when we'll really know ... where we stand."


___


Online:


http://abc.go.com/


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Massachusetts Plans Stricter Control of Compounding Pharmacies





BOSTON — New laws to strengthen state control of compounding pharmacies were proposed on Friday by Gov. Deval Patrick, in hopes of preventing another public health disaster like the current outbreak of meningitis caused by a contaminated drug made in Massachusetts.




The laws will be among the strongest in the country, said Kevin Outterson, a law professor at Boston University and a member of the expert panel that advised the state on how to curb abuses by companies like the New England Compounding Center, the Framingham pharmacy that made the tainted drug responsible for the nationwide meningitis outbreak.


The legislation would establish strict licensing requirements for compounding sterile drugs; let the state assess fines against pharmacies that break its rules; protect whistle-blowers who work in compounding pharmacies; and reorganize the state pharmacy board to include more members who are independent of the industry and fewer who are part of it.


Alec Loftus, a spokesman for the state’s Office of Health and Human Services, said that Mr. Patrick expected the new legislation to be passed quickly.


Daniel Carpenter, a professor of government at Harvard, said the proposed laws seemed sound and comprehensive. But he warned that if other states did not take similar steps, compounding pharmacies engaging in shoddy practices would just move to places with the weakest laws and the least oversight.


“The remaining question is not what Massachusetts is doing or will do, but will there be a minimum level of regulation like this in the rest of the states?” Professor Carpenter said.


The meningitis outbreak, first detected in September, was caused by contaminated batches of a steroid, methylprednisolone acetate, made by the New England Compounding Center. The drug was injected into about 14,000 people’s spinal area to treat back and neck pain.


As of Dec. 28, 656 people in 19 states had become ill with meningitis or other infections, like severe internal abscesses in the area where the drug was injected. Some have had both meningitis and spinal infections. The case count is expected to keep rising. Thirty-nine have died.


The New England Compounding Center was shut down, and inspections found extensive contamination. Investigations uncovered a long history of questionable practices that had drawn warnings from the state and the Food and Drug Administration.


On Dec. 21, the company announced that it had filed for bankruptcy. Numerous lawsuits have been filed against it.


At the heart of the problem have been gaps in regulation that have allowed such companies to avoid both state and federal controls. The company called itself a pharmacy, and pharmacies are generally regulated by states, while large drug companies are regulated federally, by the Food and Drug Administration.


Compounding pharmacies mix their own drug preparations, like skin creams and cough syrups, supposedly for individual patients with special needs. But the New England Compounding Center began to act like a manufacturer, making and shipping large amounts of injectable drugs, for which sterility is essential. No state law required it to obtain a license for this type of large-scale compounding, to follow good manufacturing processes or to let the state know it was shipping all over the country.


Dr. Lauren Smith, interim commissioner of the Massachusetts Department of Public Health, said the company “was a manufacturer in pharmacy clothing.”


Governor Patrick said, “The tragic meningitis outbreak has shown us all that the board’s governing authority has not kept up with an industry that has evolved from corner drugstores to the types of large manufacturers that have been at the center of so much harm.”


Dr. Smith said she thought the most important part of the new legislation was the requirement of a license for sterile compounding. “Now we are going to have the ability to develop specialty licenses that will allow us to track and identify those pharmacies that are engaged in different practices that could potentially put higher numbers of individuals at risk, such as those who engage in sterile compounding,” she said.


Professor Carpenter said a particularly powerful part of the proposal is that it requires licensure for out-of-state pharmacies that ship medication to Massachusetts. The state, he said, is a huge market for injectable drugs.


“Basically, if you think about the large hospitals, the amount of medical care that goes on in the state, it’s in a sense using the purchasing power of the state of Massachusetts to induce changes elsewhere,” he said.


The state has also taken other steps recently to rein in compounding, apart from the new legislation. It began conducting surprise inspections, and has required compounding pharmacies to report how much medication they are shipping and where, so that it can keep tabs on those that begin acting like manufacturers. It also requires the pharmacies to report when they become subjects of regulatory actions by other states or the federal government.


Abby Goodnough reported from Boston, and Denise Grady from New York.



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Stocks sink as S&P 500 eases from 5-year high












Stocks are closing lower on Wall Street, pulling the Standard & Poor's 500 index down from the five-year high it reached Friday.

The S&P 500 dropped four points end at 1,461 Monday. Stocks surged last week after lawmakers reached a last-minute budget deal.

The Dow Jones industrial average lost 50 points to close at 13,384, while the Nasdaq composite fell two points to 3,098.

Investors are shifting their focus to corporate profits. Aluminum producer Alcoa launches the reporting season for the fourth quarter of 2012 after the market closes on Tuesday.

Superstorm Sandy, the presidential election, and worries about the narrowly avoided “fiscal cliff” could make for some surprises.

Falling stocks outnumbered rising ones on the New York Stock Exchange. Volume was about average at 3.3 billion shares.

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