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June 2009

Adult Diapers

Adult Diapers

The purpose of a diaper is to absorb moisture and contain mess so that the wearer can remain dry and comfortable after wetting or soiling themselves. When diapers become full and can no longer hold any more waste, they require changing; this process is often performed by a secondary person such as a parent or caregiver. Failure to change a diaper on a regular enough basis can result in diaper rash.

The decision to use cloth or disposable diapers is a controversial one, owing to issues ranging from convenience, health, cost, and their effect on the environment. Currently, disposable diapers are the most commonly used, with Pampers and Huggies being the most well-known brands in the industry. Plastic pants can be worn over diapers to avoid leaks.

AP Exclusive: Insomniac Jackson begged for drug (AP)

LOS ANGELES – Michael Jackson was so distraught over persistent insomnia in recent months that he pleaded for a powerful sedative despite warnings it could be harmful, says a nutritionist who was working with the singer as he prepared his comeback bid.
Cherilyn Lee, a registered nurse whose specialty includes nutritional counseling, said Tuesday that she repeatedly rejected his demands for the drug, Diprivan, which is given intravenously.
But a frantic phone call she received from Jackson four days before his death made her fear that he somehow obtained Diprivan or another drug to induce sleep, Lee said.
While in Florida on June 21, Lee was contacted by a member of Jackson's staff.
"He called and was very frantic and said, `Michael needs to see you right away.' I said, 'What's wrong?' And I could hear Michael in the background ..., 'One side of my body is hot, it's hot, and one side of my body is cold. It's very cold,'" Lee said.
"I said, `Tell him he needs to go the hospital. I don't know what's going on, but he needs to go to the hospital ... right away."
"At that point, I knew that somebody had given him something that hit the central nervous system," she said, adding, "He was in trouble Sunday and he was crying out."
Jackson did not go to the hospital. He died June 25 after suffering cardiac arrest, his family said. Autopsies have been conducted, but an official cause of death is not expected for several weeks.
"I don't know what happened there. The only thing I can say is he was adamant about this drug," Lee said.
Following Jackson's death, allegations emerged that the 50-year-old King of Pop had been consuming painkillers, sedatives and antidepressants. But Lee said she encountered a man tortured by sleep deprivation and one who expressed opposition to recreational drug use.
"He wasn't looking to get high or feel good and sedated from drugs," she said. "This was a person who was not on drugs. This was a person who was seeking help, desperately, to get some sleep, to get some rest."
Jackson was rehearsing hard for what would have been his big comeback — his "This Is It" tour, a series of performances that would have strained his aging dancer's body. Also, pain had been a part of his life since 1984, when his scalp was severely burned during a Pepsi commercial shoot.
Several months ago, Jackson had begun badgering Lee about Diprivan, also known as Propofol, Lee said. It is an intravenous anesthetic drug widely used in operating rooms to induce unconsciousness. It is generally given through an IV needle in the hand.
Patients given Propofol take less time to regain consciousness than those administered certain other drugs, and they report waking up more clear-headed and refreshed, said University of Chicago psychopharmacologist James Zacny.
It has also been implicated in drug abuse, with people using it to "chill out" or to commit suicide, Zacny said. Accidental deaths linked to abuse have been reported. The powerful drug has a very narrow therapeutic window, meaning it doesn't take doses much larger than the medically recommended amount to stop a person's breathing.
An overdose that stops breathing can result in a buildup of carbon dioxide, causing the heart to beat erratically and leading to cardiac arrest, said Dr. John Dombrowski, a member of the board of directors of the American Society of Anesthesiologists.
Because it is given intravenously and is not the kind of prescription drug typically available from pharmacists, abuse cases have involved anesthesiologists, nurses and other hospital staffers with easy access to the drug, Zacny said.
In recent months, Lee said, Jackson waved away her warnings about it.

"I had an IV and when it hit my vein, I was sleeping. That's what I want," Lee said Jackson told her.

"I said, 'Michael, the only problem with you taking this medication' — and I had a chill in my body and tears in my eyes three months ago — 'the only problem is you're going to take it and you're not going to wake up," she recalled.

According to Lee, Jackson said it had been given to him before but he didn't want to discuss the circumstances or identify the doctor involved.

The singer also drew his own distinctions when it came to drugs versus prescription medicine.

"He said, `I don't like drugs. I don't want any drugs. My doctor told me this is a safe medicine,'" Lee said. The next day, she said she brought a copy of the Physician's Desk Reference to show him the section on Diprivan.

"He said, 'No, my doctor said it's safe. It works quick and it's safe as long as somebody's here to monitor me and wake me up. It's going be OK,'" Lee said. She said he did not give the doctor's name.

Lee said at one point, she spent the night with Jackson to monitor him while he slept. She said she gave him herbal remedies and stayed in a corner chair in his vast bedroom.

After he settled in bed, Lee told Jackson to turn down the lights and music — he had classical music playing in the house. "He also had a computer on the bed because he loved Walt Disney," she said. "He was watching Donald Duck and it was ongoing. I said, `Maybe if we put on softer music,' and he said, `No, this is how I go to sleep.'"

Three and a half hours later, Jackson jumped up and looked at Lee, eyes wide open, according to Lee. "This is what happens to me," she quoted him as saying. "All I want is to be able to sleep. I want to be able to sleep eight hours. I know I'll feel better the next day."

Lee, 56, is licensed as a registered nurse and nurse practitioner in California, according to the state Board of Registered Nursing's Web site. She attended Los Angeles Southwest College and the Charles Drew University of Medicine and Sciences in Los Angeles.

Comedian Dick Gregory, who knows Lee and her work, said he believes Jackson's insomnia had its roots in the pop star's 2005 trial on child molestation charges. Jackson's health had deteriorated so much that his parents called Gregory, a natural foods proponent, for help.

Gregory said Jackson wasn't eating or drinking at the time and, after he was persuaded by Gregory to undergo testing, ended up hospitalized for severe dehydration.

But Jackson obviously was healthy enough to withstand the level of medical scrutiny needed to insure him for the upcoming high-stakes London concerts, Gregory said. "That you don't trick," he said of the exams.

Lee, who has also worked with Stevie Wonder, Marla Gibbs, Reynaldo Rey and other celebrities, said she was introduced to Jackson by the mother of one of his staff members. Jackson's three children had minor cold symptoms and their pediatrician was out of town.

Lee said she went to the house in January, the first of about 10 visits there through April, and treated the children with vitamins. Michael, intrigued, asked what else she did and took her up on her claim she could boost his energy.

After running blood tests, she devised protein shakes for him and gave him an intravenous vitamin and mineral mixture — known as a "Myers cocktail," after Dr. John Myers — which Lee said she uses routinely in her practice.

"It wasn't that he felt sick," she said. "He just wanted more energy."

Lee said she decided to speak out to protect Jackson's reputation from what she considers unfounded allegations of drug abuse or shortcomings as a parent.

"I think it's so wrong for people to say these things about him," she said. "He was a wonderful, loving father who wanted the best for his children."

___

AP Medical Writer Lindsey Tanner in Chicago and AP Television Writer David Bauder in New York contributed to this report.

Social Security audit finds dead people getting checks (McClatchy Newspapers)

WASHINGTON — The Social Security Administration has continued to pay millions of dollars in benefits to dead Americans, and other elderly U.S. residents are at risk of losing badly needed aid because they're improperly recorded as deceased, federal investigators warn in a new report.

The consequences of either bureaucratic error can be severe.

"The addition of erroneous death entries can lead to benefit termination, cause severe financial hardship and distress to affected individuals," investigators with the Social Security Administration's Office of Inspector General noted in the report, which was quietly released on Sunday.

The mistakes cost taxpayers and individual beneficiaries in different ways. Taxpayers are losing money when benefits are paid to the deceased. Individuals get into trouble when they're prematurely pronounced dead.

In Southern California and elsewhere last year, investigators analyzed 305 Social Security beneficiaries who were recorded as deceased in their Social Security Administration files. At least 140 of them were still alive.

All told, investigators say, more than 6,000 current Social Security beneficiaries are recorded as being deceased. An untold number of them are still, in fact, alive.

"There is no rhyme or reason," the Scott Nishioki, chief of staff for Rep. Jim Costa , D- Calif. , said Tuesday of the recurring Social Security problems. "Often, it's probably just a clerical error."

Costa's office has handled about 10 cases in the past four years in which constituents the Social Security Administration has incorrectly classified as dead, Nishioki said. Other congressional offices have periodically confronted the same problem.

The identified problems are only a fraction of the nation's 50 million Social Security beneficiaries, and Social Security officials say they've instituted protective measures.

Social Security officials already have recovered some of the improperly paid-out funds. They further agreed to investigate "as quickly as possible based on available resources" the correct status of 6,733 potentially deceased individuals identified in the new audit.

"We will investigate the alert and follow-up systems to assess how these cases were missed by our current controls," James A. Winn , chief of staff for the Social Security Administration , said in the agency's formal response.

An agency representative couldn't be reached Tuesday to elaborate on the audit.

Those affected can feel the problem acutely even if they're still getting Social Security checks, because Social Security death records can be used by other agencies.

Several individuals told investigators that they "had to prove to the Internal Revenue Service they were not deceased before receiving a refund," investigators noted. Some sought congressional help.

"A retired beneficiary expressed a recurring problem when he could not receive funding from his private pension plan since he was declared deceased," the investigators noted. "Each time he attempted to correct the issue, the problem recurred when the pension plan updated its death information."

The flip side of the problem occurs when a beneficiary is properly designated as deceased, but the Social Security benefits continue. Payments were made to dead beneficiaries in at least 88 out of the 305 cases studied by investigators. Some of these improper payments continued for years.

For instance, a New York City resident died in April 1990 . Nonetheless, Social Security checks of $1,185 were mailed out monthly, and cashed, until October 2008 . Investigators have since charged a suspect with improperly taking more than $210,000 in benefits.

All told, investigators found $2 million in improper payments were made to the 88 deceased beneficiaries. In some cases, a "death alert tracking system" hadn't properly notified Social Security field offices. In other cases, Social Security numbers were transposed.

Investigators in April further identified 6,733 Social Security benefit recipients whose master files "contained a date of death." Extrapolating from their smaller sample, investigators warned that more than $40 million may have been paid out improperly to deceased beneficiaries.

As a result of the new study, at least three dozen potential criminal cases have been forwarded to the agency's Office of Investigations for further inquiry and possible prosecution.

ON THE WEB

Audit report

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Mens Wallets

The modern bi-fold wallet with multiple "card slots" became standardized in the early 1950s with the introduction of the first credit cards. Some innovations include the introduction of the velcro-closure wallet in the 1970s.

Tri-fold wallet: a wallet with three folds, in which credit cards are generally stored vertically.

Here

Police: 7 teens shot near Detroit school (AP)

DETROIT – Gunmen in a green minivan opened fire on a group of teenagers waiting at a bus stop near a Detroit school on Tuesday, wounding seven including three who were in critical condition, authorities said.
Five of the teens had just left Cody Ninth Grade Academy, where they were taking summer classes, when they were shot at the nearby bus stop.
The gunmen exited a vehicle and "asked for a person by name" before they "opened fire at the crowd," said Detroit Public Schools Police Chief Roderick Grimes. Detroit Police were looking for two suspects in a green minivan, said spokesman Rod Liggons.
The teenagers, four boys and three girls, range in age from 14 to 17 years old, Liggons said. Three of the teens were in critical condition, he said.
Another summer school student, 15-year-old Bria Wilson, said she was standing at the bus stop when she heard the gunfire. She said she was facing away from the shooters and ran away after the shots were fired. But she saw a 16-year-old male friend lying on the ground, bleeding.
"They were so close — it almost hit me," she said.
Schools spokesman Steve Wasko said there was "nothing that we're aware of at this time" linking the shootings with any fight or dispute at the school.
He said the shootings happened about 2:15 p.m., about 15 minutes after summer school students were dismissed for the day.
Imam Abdullah El-Amin, who co-owns the Numan Funeral Home near the intersection where the shooting took place, said drug-dealing, prostitution and "hopelessness" are common in the area, he said.
"It's terrible that these things are just laying there, festering, in society — time bombs waiting to happen," said El-Amin, a Muslim minister and candidate for Detroit City Council.
___
Associated Press writers Ben Leubsdorf and David N. Goodman contributed to this report.

Supreme Court decisions made in the 2008-09 term (AP)

Some of the significant cases the Supreme Court decided in its 2008-2009 term:
REVERSE DISCRIMINATION
The Supreme Court ruled 5-4 that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race. It was a decision that could alter employment practices nationwide and make it harder to prove discrimination where there is no evidence it was intentional. The white firefighters claimed they were discriminated against when the city tossed out the results of a promotion exam because too few minorities scored high enough. The city says it acted because it might have been vulnerable to claims that the exam had a "disparate impact" on minorities in violation of the Civil Rights Act of 1964. Decided on June 29, 2009.
STATE REGULATION OF BANKS
The Supreme Court ruled 5-4 that state attorneys general can investigate national banks for discrimination and other crimes in the states where they operate as long as they can convince a judge that investigations are needed. Federal courts had blocked an investigation begun by New York, which was backed by the other 49 states, of whether minorities were being charged higher interest rates on home mortgage loans by national banks with branches in New York. The high court ruled that state attorneys general cannot issue subpoenas or bring enforcement actions against banks on their own, but can go to court to get permission to investigate. Decided on June 29, 2009.
STRIP SEARCH
The Supreme Court ruled that school officials violated an Arizona teenager's rights by strip-searching her for prescription-strength ibuprofen. The court said educators cannot force children to remove their clothing unless student safety is at risk and they reasonably suspect where something is being hidden. In an 8-1 ruling, the justices said that Safford Middle School officials violated the Fourth Amendment ban on unreasonable searches with their treatment of Savana Redding, who was 13 at the time. The court ruled that the officials could not be held financially liable but left it to lower courts to decide if the school district could. Decided June 25, 2009.
VOTING RIGHTS
The Supreme Court narrowly ruled in a challenge to the landmark Voting Rights Act, siding with a small Texas governing authority but sidestepping the larger constitutional issue. The court in an 8-1 decision avoided the major questions raised over the federal government's most powerful tool to prevent discriminatory voting changes since the mid-1960s. The law requires all or parts of 16 states, mainly in the South, with a history of discrimination in voting to get approval before making changes in the way elections are conducted. The court said that the Northwest Austin Municipal Utility District No. 1 in Austin, Texas, can apply to opt out of the advance approval requirement, reversing a lower federal court that found it could not. Decided on June 22, 2009.
SPECIAL EDUCATION
The Supreme Court ruled that parents don't have to send their special education students to public schools before seeking reimbursement for private school tuition. The justices ruled 6-3 that the Individuals with Disabilities Education Act does not require public school attendance before parents of special ed students can ask to be reimbursed for the child's tuition at private schools. The family of a teenage Oregon boy has fought to get reimbursed for $65,000 in private tuition. Decided June 22, 2009.
AGE DISCRIMINATION
The Supreme Court made it harder to prove discrimination on the basis of age, ruling against an employee in his mid-50s who says he was demoted because of his age. In a 5-4 decision, the court said a worker has to prove that age was the key factor in an employment decision, even if there is some evidence that age played a role. In some other discrimination lawsuits, the burden of proof shifts to the employer once a worker shows there is some reason to believe a decision was made for improper reasons. Decided June 18, 2009.
DNA TESTING
The Supreme Court ruled 5-4 that convicts have no constitutional right to test genetic evidence to try to show their innocence. The court said it would not second-guess states or force them routinely to look again at criminal convictions. This decision could have a limited effect because 47 states and the federal government already have laws that allow DNA testing in some circumstances. William Osborne, convicted in a brutal assault on a prostitute in Alaska 16 years ago, sued for the right to test the contents of a blue condom the victim says was used by her attacker. Decided on June 18, 2009.
JUDICIAL ETHICS
The Supreme Court ruled that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias. By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair hearing. Justice at Stake, which tracks campaign spending in judicial elections, says judges are elected in 39 states and that candidates for the highest state courts have raised more than $168 million since 2000. Decided June 8, 2009.
IRAQ IMMUNITY

The Supreme Court ruled that the current government in Iraq cannot be held responsible for the actions of Saddam Hussein's regime. The high court unanimously turned away lawsuits from Americans who were held in Iraq during the Gulf War. The court said a federal law enacted in 2003 gave Iraq back the immunity that was stripped by the designation of Saddam's government as a sponsor of terrorism. Decided on June 8, 2009.

LAWYER REQUEST

The Supreme Court overturned a long-standing ruling that stopped police from initiating questions unless a defendant's lawyer was present, a move that will make it easier for prosecutors to interrogate suspects. The high court, in a 5-4 ruling, overturned the 1986 Michigan v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present. The court's opinion said the decision will have "minimal" effects on criminal defendants because of the protections the court has provided in other decisions. Decided on May 26, 2009.

QUALIFIED IMMUNITY

The Supreme Court ruled 5-4 that FBI Director Robert Mueller and former Attorney General John Ashcroft cannot be sued by a former Sept. 11 detainee who claimed he was abused because of his religion and ethnicity. This decision could make it harder to sue top officials for the actions of low-level operatives. The court overturned a lower court decision that let Javaid Iqbal's lawsuit against the high-ranking officials proceed. Iqbal is a Pakistani Muslim who spent nearly six months in solitary confinement in New York in 2002. He had argued that Ashcroft and Mueller were responsible for a policy of confining detainees in highly restrictive conditions because of their religious beliefs or race. Decided May 18, 2009.

MATERNITY LEAVE

The Supreme Court ruled that women who took maternity leave before it became illegal to discriminate against pregnant women can't sue to force employers to count their leave time for their pensions. Four AT&T Corp. employees who took maternity leave between 1968 and 1976 sued the company to get their leave time credited toward their pensions. Their pregnancies occurred before the 1979 Pregnancy Discrimination Act, which barred companies from treating pregnancy leaves differently from other disability leaves. The high court, in a 7-2 ruling, overturned a lower-court decision that said that decades-old maternity leaves should count in determining pensions. Decided on May 18, 2009.

IDENTITY THEFT

A unanimous Supreme Court said that undocumented workers who use phony IDs can't be considered identity thieves without proof they knew they were stealing real people's Social Security and other numbers. The court's decision limits federal authorities' use of a 2004 identity theft law against immigrants who are picked up in workplace raids and found to be using false Social Security and alien registration numbers. Advocates for immigrants had complained authorities used the threat of prosecution on the identity theft charge to win guilty pleas on lesser charges and acceptance of prompt deportation. Decided May 4, 2009.

SUPERFUND

The Supreme Court said Shell Oil Co. cannot be held responsible for cleanup of a contaminated Superfund site owned by a defunct company simply because it delivered chemicals to the site. The court, in an 8-1 decision, also decided that railroad companies that leased the defunct company part of the land would only have to pay for a small part of the cleanup. Decided on May 4, 2009.

BROADCAST INDECENCY

The Supreme Court ruled narrowly in favor of a government policy that threatens broadcasters with fines over the use of even a single curse word on live television. The court, however, stopped short of deciding whether the policy violates the Constitution. By a 5-4 vote, the court threw out a lower court ruling that said the agency could not now start levying large fines for the type of fleeting expletives that it had let slide for years. This was the Supreme Court's first major broadcast indecency case in 30 years. Decided April 28, 2009.

WARRANTLESS SEARCH

The Supreme Court ruled that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers. The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation. The court said warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest. Decided on April 21, 2009.

POWER PLANTS

The Supreme Court ruled that the government can weigh costs against benefits in deciding whether to order power plants to undertake environmental upgrades that would protect fish. The court's 6-3 decision is a defeat for environmentalists who had urged the justices to uphold a favorable federal appeals court ruling that could have required an estimated 554 power plants to install technology that relies on recycled water to cool machinery. Decided on April 1, 2009.

TOBACCO PUNITIVE DAMAGES

The Supreme Court left in place a $79.5 million award to a smoker's widow, ending a 10-year legal fight over the large payout. The court let stand a ruling by the Oregon Supreme Court in favor of Mayola Williams and against Altria Group Inc.'s Philip Morris USA. Williams persuaded a jury in 1999 that the company should be held accountable for misleading people into thinking cigarettes were not dangerous or addictive. The justices initially agreed to review the Oregon court judgment, then changed their minds without explanation. Announced March 31, 2009.

VOTING RIGHTS

The Supreme Court ruled 5-4 that electoral districts must have a majority of African-Americans or other minorities to be protected by a provision of the Voting Rights Act. The court declined to expand protections of the landmark civil rights law to take in electoral districts where the minority population is less than 50 percent, but strong enough to effectively determine the outcome of elections. The decision could make it more difficult for Democrats, particularly in the South and Southwest, to draw electoral boundaries friendly to black or Hispanic candidates following the 2010 Census. Decided on March 9, 2009.

DRUG MAKER LIABILITY

In a 6-3 decision, the Supreme Court forcefully rejected calls for limiting consumer lawsuits against drug makers, upholding a $6.7 million jury award to a musician who lost her arm to gangrene following an injection. The right arm of Diana Levine of Vermont was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals. Levine's lawsuit said she wasn't sufficiently warned of the risks of using Phenergan. The justices turned away Wyeth's claim that federal regulation provides a shield against lawsuits like Levine's. Decided March 4, 2009.

RELIGIOUS MONUMENTS

The Supreme Court ruled unanimously that the Summum, a small religious group, cannot force a city in Utah to place a granite marker in a local park that already is home to a Ten Commandments display. The court said that governments can decide what to display in a public park without running afoul of the First Amendment. The Summum believe that when Moses received the Ten Commandments on Mount Sinai he received a second set of tablets called the Seven Aphorisms. Decided Feb. 25, 2009.

DOMESTIC VIOLENCE FIREARMS

The Supreme Court affirmed the use of a federal law barring people convicted of domestic violence crimes from owning guns. The court, in a 7-2 decision, said state laws against battery need not specifically mention domestic violence to fall under the domestic violence gun ban that was enacted in 1996. The case involved Randy Edwards Hayes, a West Virginia man whose earlier misdemeanor conviction for beating his wife gave rise to a federal felony indictment for gun possession. Decided on Feb. 24, 2009.

RETALIATION

A unanimous Supreme Court ruled that workers who cooperate with their employers' internal investigations of discrimination may not be fired in retaliation for implicating colleagues or superiors.The justices held that a longtime school system employee in Tennessee can pursue a civil rights lawsuit over her firing. The court voted to reverse a federal appeals court ruling that the anti-retaliation provision of Title VII of the 1964 Civil Rights Act does not apply to employees who merely cooperate with an internal probe rather than complain on their own or take part in a formal investigation. Decided Jan. 26, 2009.

EVIDENCE

The Supreme Court ruled that evidence obtained after illegal searches or arrests based on simple police mistakes may be used to prosecute criminal defendants. The justices voted 5-4 to apply new limits to a rule requiring evidence to be suppressed if it results from a violation of a suspect's Fourth Amendment rights against unreasonable searches or seizure. Justices acknowledged that the arrest of Bennie Dean Herring — based on the mistaken belief that there was a warrant for his arrest — violated his constitutional rights, yet upheld his conviction on federal drug and gun charges. Decided on Jan. 14, 2009.

CIGARETTE ADVERTISING

The Supreme Court handed a defeat to tobacco companies counting on it to put an end to lawsuits alleging deceptive marketing of "light" cigarettes. In a 5-4 split won by the court's liberals, it ruled that smokers may use state consumer protection laws to sue cigarette makers for the way they promote light and "low tar" brands. The decision was at odds with recent anti-consumer rulings that limited state regulation of business in favor of federal power. Decided on Dec. 15, 2008.

NAVY SONAR USAGE

The Supreme Court ruled 6-3 that military training trumps protecting whales in a dispute over the Navy's use of sonar in submarine-hunting exercises off the coast of southern California. The court said forcing the Navy to deploy an inadequately trained anti-submarine force jeopardizes the safety of the fleet. The most serious possible injury to environmental groups would be harm to an unknown number of the marine mammals the groups study, justices said. Decided Nov. 12, 2008.

Judge: Ono owns copyright to rare Lennon footage (AP)

BOSTON – Yoko Ono is the rightful copyright holder of rare, intimate footage showing John Lennon and his family in London in 1970, a federal judge has ruled.
U.S. District Court Judge Rya W. Zobel last week refused to reinstate a copyright-infringement lawsuit filed by a Lawrence, Mass.-based company against Lennon's widow and the broker who sold her the tapes.
World Wide Video LLC sued Ono in March 2008, accusing her of copyright infringement and of wrongfully interfering with its personal property. Ono countersued, saying she is the rightful owner and that World Wide Video has no rights to the material.
Ono wants to keep the material private. She did not immediately respond to a request for comment made by The Associated Press through her Boston attorneys.
The 10 hours of footage was shot at Lennon's England estate in February 1970 — before the Beatles broke up — by Anthony Cox, Ono's husband before her marriage to Lennon in 1969. It shows Lennon hunched over a piano, smoking marijuana and joking about putting LSD in President Richard Nixon's tea. It has never been shown publicly in its entirety.
World Wide Video claimed it owns the raw footage. The company produced a two-hour documentary, "3 Days in the Life," using the footage, and planned to show it at a private school in Maine in 2007. The screening was scrapped after the company received a stop order from Ono's lawyers. The producers had previously shown excerpts from the film four times.
In court documents, Ono said she had a "clear and absolute" agreement with Cox when he shot the footage that it would never be "commercially exhibited, commercially exploited or released."
Ono said she purchased all rights to the videotapes for $300,000 in 2002 from Anthony Pagola, an intermediary who had copies.
But the principals of World Wide Video — John Fallon and Robert Grenier — say that sale was invalid and that the company bought copyright from Cox for $125,000 in 2000. They claim Pagola wound up with the tapes after they were stolen by an ex-employee.
Fallon and Grenier claim that, in 2001, Pagola approached them and threatened to destroy the tapes unless World Wide agreed to let him broker a sale. Fallon and Grenier claim that Pagola later sold the tapes and copyright to Ono without their permission and that he forged their signatures on the sale agreement.
The judge on Thursday sided with Ono. On Monday, the court issued a notice of default against Pagola after he failed to respond to the lawsuit.
The judge will issue the final order in the copyright infringement case after ruling on damages against Pagola, World Wide Video's attorney Joseph T. Doyle Jr. said.

Madoff behind bars, but probe grinds forward (AP)

NEW YORK – Bernard Madoff, even as he faces the prospect of dying behind bars for his epic swindle, has never wavered on one point: He acted alone.
Federal investigators haven't budged either: They don't believe him.
The day after Madoff was given a 150-year term, a person close to the investigation said Tuesday the sentencing marked "the end of the beginning" of a far-reaching investigation expected to answer lingering questions about how the disgraced financier pulled off perhaps the largest financial fraud history — and who helped him.
The person, who spoke on condition of anonymity because the investigation is ongoing, told The Associated Press on Monday that prosecutors expect to charge at least 10 more people in connection with the scheme. The person said Tuesday that no arrests were imminent.
The U.S. attorney's office refused to comment on the status of the investigation or potential suspects.
Madoff, 71, pleaded guilty in March to charges that his secretive investment advisory business was a multibillion-dollar Ponzi scheme that wiped out thousands of investors and ruined charities.
Madoff admitted his own crimes, but has claimed members of his inner circle — including a brother and two sons who ran a brokerage operation under the same roof as his firm — were innocent bystanders. Lawyers for the family have vehemently denied any wrongdoing.
"How do you excuse deceiving 200 employees who have spent most of their working life working for me?" Madoff said at sentencing. "How do you excuse lying to your brother and two sons who spent their whole adult life helping to build a successful and respectful business?"
Ruth Madoff broke her silence Tuesday to suggest she was among the victims of Madoff's deceit. Her husband, she said in a statement, "stunned us all with his confession and is responsible for this terrible situation in which so many now find themselves."
But in the six months since the former Nasdaq chairman's arrest, the family has not escaped intense scrutiny by federal authorities and a court-appointed trustee overseeing liquidation of Madoff's assets. A judge's forfeiture order has stripped Ruth Madoff of $80 million in assets, including a penthouse apartment where she still lives.
Besides the family, there have been questions about the role of Frank DiPascali, chief financial officer of Madoff's money management business, and that of several large money managers who funneled billions of dollars of investments to the firm. The trustee, Irving Picard, has filed lawsuits against the managers, accusing them of being Madoff cronies who either knew, or should have known, about the fraud.
Former prosecutors said Madoff's sentencing wasn't a grand finale.
"Once the primary wrongdoer has been sentenced, it typically is a fact that will take the wind out of the sails of an investigation," said William Devaney, a former federal prosecutor now in private practice. "However, this is an atypical investigation."
Another former federal prosecutor, Christopher J. Steskal, said that heedlessly benefiting from the fraud wasn't enough to bring a criminal case against a potential suspect. Investigators need convincing proof that the person had criminal intent and participated in the scheme. It's likely authorities are cultivating cooperators to provide that proof, he said.
"If you're under investigation, you have two options: You either dig a foxhole and hide in it, or you conclude that you have no option except to try to earn points by cooperating," said Steskal, who's now in private practice in New York.
The list of possible cooperators include DiPascali, who reportedly has given investigators evidence against the so-called feeder fund managers. Also, an accountant charged as the only other defendant so far has signaled in court papers that he wants to negotiate a plea deal. Their attorneys have declined to comment.
Federal authorities also have spoken to several clerks who handled some of the voluminous paperwork Madoff admits he fabricated, including tens of thousands of fake account statements.
One of Madoff's burned clients, Phyllis Feiner of Great Neck, N.Y., said Tuesday that she looks forward to more arrests.

"I would like to see everybody else who was involved in this evil scheme to be brought to justice," she said. "There's absolutely no way he could have done this all by himself."

Halloween Costume

Halloween is very popular in Ireland, where it originated, and is known in Irish as Oíche Shamhna (pron: ee-hah how-nah), literally "Samhain Night". Pre-Christian Celts had an autumn festival, Samhain (pronounced /ˈsˠaunʲ/from the Old Irish samain), "End of Summer", a pastoral and agricultural "fire festival" or feast, when the dead revisited the mortal world, and large communal bonfires would hence be lit to ward off evil spirits.

In the barmbrack were: a pea, a stick, a piece of cloth, a small coin (originally a silver sixpence) and a ring. Each item, when received in the slice, was supposed to carry a meaning to the person concerned: the pea, the person would not marry that year; the stick, "to beat one's wife with", would have an unhappy marriage or continually be in disputes; the cloth or rag, would have bad luck or be poor; the coin, would enjoy good fortune or be rich; and the ring, would be married within the year. Commercially produced barmbracks for the Halloween market still include a toy ring.

Halloween Costume

Senator Franken, I Presume (The Nation)

The Nation -- The Minnesota Supreme Court has confirmed what everyone pretty much knew: The voters chose Democratic Farmer Labor Party challenger Al Franken over Republican incumbent Norm Coleman in last fall's U.S. Senate election.

And while the election result was close, the court's decision was not.

The justices ruled 5-0 that: "Al Franken received the highest number of votes legally cast and is entitled [under Minnesota law] to receive the certificate of election as United States Senator from the State of Minnesota."

This should -- and, of course, the key word in this convoluted competition is still "should" -- settle the last contested congressional race of 2008.

Under Minnesota law,the court's decision gives Mr. Franken the right to occupy the seat that a series of recounts and official reviews confirmed was won by the satirist with a narrow but steady margin that ultimately expanded to 312 votes.

Minnesota Republican Governor Tim Pawlenty, who has delayed signing the certification of election that Franken needed to become the 60th Democratic member of the current Senate, has repeatedly suggested that he would abide by the decision of the state's highest court.

Even Coleman, whose dead-ender appeals have been funded by Republican donors from around the country as well as stipends from the campaign funds of sitting GOP senators, had indicated before the ruling that he would be disinclined to press his fight if he lost at the state Supreme Court level.

There are still "I"s to be dotted and "T"s to be crossed.

But it would appear likely that, by the time the Senate returns from its July 4 recess, Democrats will have a caucus that includes 58 party members and two independents (Vermonts's Bernie Sanders and Connecticut's Joe Lieberman) who sit with the majority.

That's the "magic" 60 that allows a majority party to avert filibusters and schedule votes on legislation and nominations.

With Republicans sticking to their "party of no" approach -- and maintaining remarkable unity -- the seating of Franken will have significance. It won't mean that the majority party can have its way with the Senate, as there will continue to be cases where individual Democrats break ranks. But it does mean that the will of the electorate -- which voted overwhelmingly in the last two electin cycles for a Democratic Congress -- will be at least somewhat more difficult for Rush Limbaugh's rejectionists to thwart.

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