Judge: Holmes Can Face Trial for Aurora Shooting

Jan 10, 2013 8:45pm

(Arapahoe County Sheriff/AP Photo)

In a ruling that comes as little surprise, the judge overseeing the Aurora, Colo., theater massacre has ordered that there is enough evidence against James Holmes to proceed to a trial.

In an order posted late Thursday, Judge William Sylvester wrote that “the People have carried their burden of proof and have established that there is probable cause to believe that Defendant committed the crimes charged.”

The ruling came after a three-day preliminary hearing this week that revealed new details about how Holmes allegedly planned for and carried out the movie theater shooting, including how investigators say he amassed an arsenal of guns and ammunition, how he booby-trapped his apartment to explode, and his bizarre behavior after his arrest.

PHOTOS: Colorado ‘Dark Knight Rises’ Theater Shooting

Holmes is charged with 166 counts, including murder, attempted murder and other charges related to the July 20 shooting that left 12 people dead and 58 wounded by gunfire. An additional 12 people suffered non-gunshot injuries.

One of the next legal steps is an arraignment, at which Holmes will enter a plea. The arraignment was originally expected to take place Friday morning.

Judge Sylvester indicated through a court spokesman that he would allow television and still cameras into the courtroom, providing the outside world the first images of Holmes since a July 23 hearing. Plans for cameras in court, however, were put on hold Thursday afternoon.

“The defense has notified the district attorney that it is not prepared to proceed to arraignment in this case by Friday,” wrote public defenders Daniel King, Tamara Brady and Kristen Nelson Thursday afternoon in a document objecting to cameras in court.

A hearing in the case will still take place Friday morning. In his order, Judge Sylvester said it should technically be considered an arraignment, but noted the defense has requested a continuance.  Legal experts expect the judge will grant the continuance, delaying the arraignment and keeping cameras out of court for now.

Sylvester also ordered that Holmes be held without bail.

Holmes’ attorneys have said in court that the former University of Colorado neuroscience student is mentally ill. The district attorney overseeing the case has not yet announced whether Holmes, now 25, can face the death penalty.

SHOWS: World News

Read More..

In campaign for tougher gun laws, Obama and allies work to tilt public opinion

The White House is working with its allies on a well-financed campaign in Washington and around the country to shift public opinion toward stricter gun laws and provide political cover to lawmakers who end up voting for an assault-weapons ban or other firearm restrictions.

With President Obama preparing to push a legislative agenda aimed at curbing the nation’s gun violence, pillars of his political network, along with independent groups, are raising millions of dollars and mapping out strategies in an attempt to shepherd new regulations through Congress.

But the efforts, designed in large part to counter opposition from the National Rifle Association, face serious political obstacles on Capitol Hill. The NRA spent more than $20 million on federal election campaigns last year, and its lobbying muscle extends from Washington to state capitals around the country.

Most Republicans in the GOP-controlled House also oppose additional gun regulations, as do some key Democrats in the Senate — meaning that the groups aligned with Obama will have to persuade dozens of skeptical lawmakers to vote for the president’s eventual proposals.

The groups, whose leaders are in regular contact with the White House, are working to enlist religious leaders, mayors, police chiefs and other influential constituents to lobby their local lawmakers in their home districts. The organizations also plan to stage rallies at congressional town hall meetings across the country in much the same way tea party activists mounted opposition in 2009 to Obama’s health-care overhaul.

A trial run for the burgeoning campaign came this week when the Coalition to Stop Gun Violence ran hard-hitting ads in North Dakota and Capitol Hill newspapers against Sen. Heidi Heitkamp (D-N.D.), who said Sunday that some of the gun measures Obama is considering are “extreme.” After the ads — which told Heitkamp “Shame on you” — the freshman senator’s office issued a statement opening the door to supporting some gun-control measures.

“You have to get those members of Congress who think the easiest position is to be with the NRA to think that someone will walk up to them in the supermarket and say, ‘Why can’t we just have background checks?’ ” said Neera Tanden, president of the Center for American Progress, a liberal think tank helping to coordinate the effort. “They have to think of these as mainstream issues.”

Other organizations active in the effort include liberal interest groups, labor unions and Mayors Against Illegal Guns, which is led and financed by New York Mayor Michael R. Bloomberg (I).

A new political action committee, Americans for Responsible Solutions, was launched this week by former congresswoman Gabrielle Giffords and has picked up seven-figure donations from major Democratic benefactors.

Laurene Powell Jobs, the widow of Apple founder Steve Jobs, and Ron Conway, a leading Silicon Valley angel investor, are helping finance the Giffords group and are co-hosting a fundraiser in San Francisco later this week, an organizer said. Two wealthy Texas lawyers, Steve and Amber Mostyn, told news outlets Wednesday that they had given $1 million to the organization. Giffords was shot in the head two years ago in a mass shooting outside a supermarket in Tucson.

Read More..

NEL service delayed due to power fault

SINGAPORE: Train services in both directions on the North East Line (NEL) are delayed due to a power fault.

Train operator SBS Transit alerted commuters at 10:18am on Twitter of a delay of 15 minutes.

It said free bus rides are available at designated bus stops.

SBS Transit first alerted commuters via SMS at about 10am, saying there had been a delay of 15 minutes due to a power fault.

It said at about 10:30am that shuttle services were activated at designated bus stops to provide free bus rides.

- CNA/ck

Read More..

TOI Social Impact Awards: Wheeling healthcare to remote corners

Mental health and trauma — two of India's top killers — have seldom received the attention they deserve from the government. But the awards jury turned the spotlight squarely on these problems. This year, it awarded organizations that provide emergency care or work for the welfare of persons with mental disabilities.

In the corporate category, Ziqitza Health Care, which operates over 860 ambulances in Rajasthan, Punjab, Bihar , Kerala and Mumbai, and says it has transported more than 1.8 million people, has won the award.

Ziqitza was set up to help establish an ambulance service that's accessible and affordable to all sections of society in medical emergencies, irrespective of the affected person's capacity to pay for it. It conceived a cross-subsidy , fee-based service using differential pricing where wealthier customers would pay the full rate for the ambulance service while the poor get hefty discounts and free service.

In the government category, the jury unanimously approved the National Trust for the Welfare of Persons with Autism Cerebral Palsy Mental Retardation and Multiple Disabilities. The organization provides health insurance for people with intellectual and developmental disabilities . Under the ministry of social justice & empowerment, this centre was started in 2007 when no health insurance products were available for people with intellectual and developmental disabilities.

The scheme does not discriminate on severity of any pre-insurance condition and is for all ages. It provides for a bouquet of services, including therapy, surgery and even alternative medicine up to Rs 1 lakh per annum at a nominal premium of Rs 250 per annum for those earning just Rs 15,000 per month and a premium of Rs 500 per annum for those earning more. Over 800 NGOs across India are involved in rolling out the scheme.

In the NGO category, the Karuna Trust that provides free primary healthcare in remote, tribal and insurgency-prone regions in partnership with the government left behind all other claimants. The trust was started by Dr H Sudarshan in BR Hills, Karnataka for the integrated development of tribal people. Karuna Trust has worked to "reach the unreached" and provide free primary healthcare for the past 26 years.

Read More..

Embryonic Sharks Freeze to Avoid Detection

Jane J. Lee

Although shark pups are born with all the equipment they'll ever need to defend themselves and hunt down food, developing embryos still stuck in their egg cases are vulnerable to predators. But a new study finds that even these baby sharks can detect a potential predator, and play possum to avoid being eaten.

Every living thing gives off a weak electrical field. Sharks can sense this with a series of pores—called the ampullae of Lorenzini—on their heads and around their eyes, and some species rely on this electrosensory ability to find food buried in the seafloor. (See pictures of electroreceptive fish.)

Two previous studies on the spotted catshark (Scyliorhinus canicula) and the clearnose skate (Raja eglanteria)—a relative of sharks—found similar freezing behavior in their young. But new research by shark biologist and doctoral student Ryan Kempster at the University of Western Australia has given scientists a more thorough understanding of this behavior.

It all started because Kempster wanted to build a better shark repellent. Since he needed to know how sharks respond to electrical fields, Kempster decided to use embryos. "It's very hard to test this in the field because you need to get repeated responses," he said. And you can't always get the same shark to cooperate multiple times. "But we could use embryos because they're contained within an egg case."

Cloaking Themselves

So Kempster got his hands on 11 brownbanded bamboo shark (Chiloscyllium punctatum) embryos and tested their reactions to the simulated weak electrical field of a predator. (Popular pictures: Bamboo shark swallowed whole—by another shark.)

In a study published today in the journal PLoS One, Kempster and his colleagues report that all of the embryonic bamboo sharks, once they reached later stages of development, reacted to the electrical field by ceasing gill movements (essentially, holding their breath), curling their tails around their bodies, and freezing.

A bamboo shark embryo normally beats its tail to move fresh seawater in and out of its egg case. But that generates odor cues and small water currents that can give away its position. The beating of its gills as it breathes also generates an electrical field that predators can use to find it.

"So it cloaks itself," said neuroecologist Joseph Sisneros, at the University of Washington in Seattle, who was not involved in the study. "[The embryo] shuts down any odor cues, water movement, and its own electrical signal."

Sisneros, who conducted the previous clearnose skate work, is delighted to see that this shark species also reacts to external electrical fields and said it would be great to see whether this is something all shark, skate, and ray embryos do.

Marine biologist Stephen Kajiura, at Florida Atlantic University, is curious to know how well the simulated electrical fields compare to the bamboo shark's natural predators—the experimental field was on the higher end of the range normally given off.

"[But] they did a good job with [the study]," Kajiura said. "They certainly did a more thorough study than anyone else has done."

Electrifying Protection?

In addition to the freezing behavior he recorded in the bamboo shark embryos, Kempster found that the shark pups remembered the electrical field signal when it was presented again within 40 minutes and that they wouldn't respond as strongly to subsequent exposures as they did initially.

This is important for developing shark repellents, he said, since some of them use electrical fields to ward off the animals. "So if you were using a shark repellent, you would need to change the current over a 20- to 30-minute period so the shark doesn't get used to that field."

Kempster envisions using electrical fields to not only keep humans safe but to protect sharks as well. Shark populations have been on the decline for decades, due partly to ending up as bycatch, or accidental catches, in the nets and on the longlines of fishers targeting other animals.

A 2006 study estimated that as much as 70 percent of landings, by weight, in the Spanish surface longline fleet were sharks, while a 2007 report found that eight million sharks are hooked each year off the coast of southern Africa. (Read about the global fisheries crisis in National Geographic magazine.)

"If we can produce something effective, it could be used in the fishing industry to reduce shark bycatch," Kempster said. "In [America] at the moment, they're doing quite a lot of work trying to produce electromagnetic fish hooks." The eventual hope is that if these hooks repel the sharks, they won't accidentally end up on longlines.

Read More..

Arias Caught Lying to Cops in Recorded Phone Calls

Jodi Arias blatantly lied to police who asked her about Travis Alexander's death, telling them in recorded phone calls that she kept trying to call and message Alexander the week of his death but never heard back from him.

The phone calls were played as evidence during the fourth day of Arias' trial, in which she is charged with murder and could face the death penalty if convicted of killing Alexander in a "depraved and heinous" way. Arias has admitted to killing her former boyfriend, but claims it was self-defense.

During the phone conversations played in court, Arias can be heard telling Mesa, Ariz., detective Esteban Flores that she last talked to Alexander on Tuesday night, June 3, 2008, around 10 p.m. She had been in Los Angeles, about to leave to go to Utah to visit a new love interest, she said.

After June 3, he stopped calling her back, she said.

Photos of Key Players and Evidence in the Jodi Arias Murder Trial

"On Tuesday night (I talked to him), it was brief though, 10 o'clock maybe. I'd say 10 p.m. or 9 - 9:30. I was calling people because I was bored on the road. He was nice and cordial, but kind of acting like he had hurt feelings," she said.

"I may have called him Wednesday, from the road, and I sent him a couple of text messages, and a couple of pictures," she said, though Alexander didn't pick up and his voice mailbox was full. "That's unusual. He deletes all of his messages. I didn't want to be obsessive about it because we're not together anymore and I didn't like to call too much."

According to court records, Arias, 32, actually went to Alexander's home on in Mesa on Wednesday morning. There, the pair had sex and took graphic photos of one another with Alexander's camera.

Then, Arias is believed to have killed Alexander, 30, in his shower by stabbing him, slashing his throat from ear to ear, and shooting him in the head.

In the phone conversations, Arias told Flores that she considered calling Alexander's friends when he stopped returning her calls on Wednesday, but didn't want to act like "his mother."

Alexander's friends found his body five days later with stab wounds and a bullet wound, lying in blood in his home.

Flores asked Arias if she ever considered buying a gun, she said she was too scared of handguns.

Jodi Arias/Myspace | ABC News

Jodi Arias Murder Trial: Who Is the Alleged Killer? Watch Video

Jodi Arias Trial: Defense Claims Victim Was Sex Deviant Watch Video

"I've looked into handguns. I have a list of things I'm scared of that I'm trying to overcome," she said. "I got that from Travis, you know, to push yourself out of your comfort zone, and do things you're afraid of. But handguns are expensive and not really in my price range right now."

Arias is accused of stealing her grandmother's handgun and using it to shoot Alexander in the head during the attack.
The detective interviewed Arias by phone multiple times in June after Alexander's body was discovered by his friends on June 9.

Arias was indicted on July 9, 2008, and changed her story again before her arraignment, telling a TV news station that she was at Alexander's house when he was killed and witnessed two intruders kill him.

After she was arraigned, Arias told police she killed Alexander, but did it in self-defense. Arias's attorneys have said that Alexander was controlling and abusive toward Arias, and described him as a "sexual deviant."

In earlier testimony in court today, Arias's new love interest, Ryan Burns, testified that Arias showed up to his house on the morning of Thursday, Dec. 5, just 24 hours after she killed Alexander.

There, the pair cuddled, kissed, and watched movies, according to Burns.

Burns, who met Arias at a business conference in spring, 2008, said he exchanged frequent long phone calls and online conversations with Arias before inviting her to come visit him in West Jordan, Utah, in June. Arias lived in California at the time.

She arrived at Burns's home 24 hours after she was expected there, telling him that she got lost, drove the wrong way on a freeway for a few hours, fell asleep for awhile, and then got lost again, Burns testified today.

She never told him that she had confronted Alexander with a knife or gun and ended up killing him just hours before their date.

When she arrived, the pair quickly got physical, he testified.

"We went back to my house. We talked for awhile, and agreed that we were going to watch a movie. At some point we were talking and we kissed. Every time we started kissing it got a little more escalated. Our clothes never came off, but at some point she was kissing my neck, I was kissing hers, but our clothes never came off," he said.

Burns said that both he and Arias stopped kissing at the time, though they again became physically involved later in the evening when Arias climbed on top of Burns and began kissing him. Burns said that they stopped kissing because he did not want her to "regret the visit" because of her Mormon beliefs about sex.

He also told prosecutors upon questioning that Arias was physically strong.

"She's very fit," he said, describing their encounter when she climbed on top of him. "She's very strong. She has close to a six pack (of abs)."

Prosecutors likely asked about the strength of Arias because in testimony Tuesday Maricopa County medical examiner Kevin Horn said Alexander was stabbed so forcefully that the blade chipped his skull and his neck was cut all the way back to the spinal cord.

Burns, who is also a Mormon, said he noticed two bandages on Arias's hand when she arrived at his house, which she told him she got when a glass broke at her place of employment, Margaritaville.

During her visit, the pair also went to a business meeting and went out with Burns' friends where Burns described Arias as acting "shy" and a "little awkward."

"She was fine, she was laughing about simple little things like any other person. I never once felt like anything was wrong during the day. With a crowd she was a little awkward in social areas, but one on one she was very talkative and excitable," he said.

Read More..

GAO calls on Postal Service to prefund retiree benefits

U.S. Postal Service officials and postal unions have long pushed Congress to relieve the agency of its obligation to prefund retiree health benefits. It’s a burden other agencies don’t share and one that officials say the Postal Service can’t afford. Defaults on prefunding payments total $11.1 billion.

But not everyone agrees that removing or substantially reducing the prefunding requirement is the best way out of the USPS hole.

A recent Government Accountability Office report says the “USPS should prefund its retiree health benefit liabilities to the maximum extent that its finances permit.”

The GAO said that deferring the prefunding payments “could increase costs for future ratepayers and increase the possibility that USPS may not be able to pay for some or all of its liability.”

The report said the Postal Service’s financial condition makes it difficult for the agency “to fully fund the remaining $48 billion unfunded liability over the remaining 44 years of the schedule” set up by the 2006 Postal Accountability and Enhancement Act.

USPS officials say they can pay $0.00. The Postal Service is losing $25 million a day.

“If Congress was to eliminate the requirement for USPS to pay down its unfunded liability on retiree health care, taxpayers would almost certainly pick up the bill,” said House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.). “USPS needs to cut costs, not cheat taxpayers or its own employees.”

The GAO report gives something to both sides, saying that the USPS should prefund its retiree health benefits, while acknowledging that it currently is too broke to do it.

In a response included in the GAO report, Joseph Corbett, the USPS chief financial officer and executive vice president, said the Postal Service “does not have the financial resources to make the prefunding payments required by current law.”

He criticized the GAO for releasing a report that did not include the controversial USPS proposal to sponsor its own health-care plan, outside of the Federal Employees Health Benefits Plan that now covers postal workers.

“Allowing the Postal Service to gain control of its own health care program would save money, reduce or eliminate the current unfunded liability, and allow for better management of health care costs going forward,” Corbett said.

Fredric Rolando, president of the National Association of Letter Carriers, called on Congress to “reject the GAO’s policy myopia. . . . Government records show that 80 percent of all the USPS red ink stems directly from prefunding.”

Report: Close the digital divide

Uncle Sam needs to get with the digital program.

That’s the takeaway from a report — with the appropriate title #ConnectedGov — on the government’s use of technology and social media. It is being released Wednesday by the Partnership for Public Service, in collaboration with the Booz Allen Hamilton consulting firm.

The report identifies innovative digital programs in seven agencies, demonstrating that “there are places in government that are doing immensely creative and impactful things,” said Max Stier, president and chief executive of the Partnership.

Read More..

Japan plans US$2.1b military spend in stimulus package: official

TOKYO: Japan plans to spend $2.1 billion on its military over the next few months as part of a huge stimulus package, a defence ministry official said Wednesday, amid growing concerns over a rising China.

The cash is in addition to the regular military spending for 2012-13 and is separate from a boosted budget request for next fiscal year that ruling party policy makers called for on Tuesday.

"We will request 180.5 billion yen to be allocated to military spending from a stimulus package," a defence ministry spokesman told AFP, adding that some of the cash will be used to buy PAC-3 surface-to-air anti-ballistic missile systems and modernise four F-15 fighter jets.

The request for funds has to be approved by the finance ministry before being officially included in the stimulus the government is set to announce later this month, reportedly worth 13.1 trillion yen for this fiscal year to March.

The announcement came a day after Prime Minister Shinzo Abe's ruling Liberal Democratic Party said Japan will increase military spending for the first time in 11 years next fiscal year starting from April.

Japan is involved in a territorial tussle with China over a group of uninhabited islands in the East China Sea. Beijing has sent vessels to the area dozens of times and late last year dispatched a plane.

Nerves in Tokyo have also been rattled by an unpredictable North Korea. It sent a rocket over Japan's southern islands last month in what it insisted was a satellite launch. Tokyo and its allies said the launch was a covert ballistic missile test.

"Out of 180.5 billion yen, the defence ministry plans to use 60.5 billion yen to prepare for the changing security environment surrounding Japan," the spokesman said.

The defence ministry also plans to purchase three SH-60K patrol helicopters and to add a battery for an intermediate-range ballistic missile system, he said.

"We need to update our equipment as the security environment surrounding Japan is becoming harsher as North Korea has test-launched missiles twice in the last year and tensions with China continue," he said.

Under usual precedent, 70-80 percent of a defence order must be spent with domestic firms, although this is not a legal requirement, he said.

-AFP/ac

Read More..

Hate speech case: MIM MLA Akbaruddin Owaisi sent to 14- day judicial custody

HYDERABAD: Majlis-e-Ittehadul Muslimeen MLA Akbaruddin Owaisi, facing multiple cases for his alleged " hate speech", was today remanded to 14-day judicial custody by a magistrate in Nirmal town of Adilabad district.

Akbaruddin was reportedly questioned and produced before the magistrate at 5:30am, after which he was sent to judicial custody.

The Magistrate also asked the police to produce the MLA before the court later today at 10:30 am.

Owaisi has been taken to the Nirmal town police station, and his petition is expected to be listed at the Andhra Pradesh high court today.

Owaisi was arrested yesterday, a day after he returned from London and was admitted to a hospital for a medical check up, before being taken into custody.

Following the arrest of the MIM leader, the state government has imposed a prohibitory orders in the town to maintain law and order.

Additional security forces have been deployed in Hyderabad and Adilabad as a precautionary measure.

Owaisi, the floor leader of his party in the Andhra Pradesh Assembly, is facing a case against him in Adilabad for alleged provocative speeches regarding the disputed Bhagyalakshmi shrine in the Charminar area.

Complaints have been filed against him in regard to the same speeches in various police stations in Hyderabad and other parts of the state.

Read More..

Pictures: Wildfires Scorch Australia Amid Record Heat

Photograph by Jo Giuliani, European Pressphoto Agency

Smoke from a wildfire mushrooms over a beach in Forcett, Tasmania, on January 4. (See more wildfire pictures.)

Wildfires have engulfed southeastern Australia, including the island state of Tasmania, in recent days, fueled by dry conditions and temperatures as high as 113ºF (45ºC), the Associated Press reported. (Read "Australia's Dry Run" inNational Geographic magazine.)

No deaths have been reported, though a hundred people are unaccounted for in the town of Dunalley, where the blazes destroyed 90 homes.

"You don't get conditions worse than this," New South Wales Rural Fire Service Commissioner Shane Fitzsimmons told the AP.

"We are at the catastrophic level, and clearly in those areas leaving early is your safest option."

Published January 8, 2013

Read More..