State prisons not ready to end court oversight, official says









SACRAMENTO — A court-appointed monitor said Friday that Gov. Jerry Brown's quest to end judicial oversight in state prisons is "not only premature, but a needless distraction" from improving care for mentally ill inmates.


Special Master Matthew Lopes cited dozens of suicides last year, long isolation instead of treatment and lapses in care as reasons federal oversight should continue.


Lopes' assessment, in a report filed Friday with the U.S. District Court, came after he visited two-thirds of California's prisons. He had intended to see all 33 lockups, he said, but soon determined that only Sacramento — not individual wardens — could fix the underlying problems with mental health treatment in the corrections system.








A spokeswoman for the California Department of Corrections and Rehabilitation said the agency would have a full response to the 609-page report later.


Brown wants the courts to halt oversight of the mental health services and withdraw orders to reduce overcrowding. He declared last week that California has "one of the finest prison systems in the United States" and that inmates get "far better" medical care, including mental health care, in prison than those outside.


Lopes disagreed.


"Any attempt at a more abrupt conclusion to court oversight would be … not only premature but a needless distraction from the important work that is being done in the quality improvement project," he told the court.


He was especially critical of the suicide rate in California prisons.


He said there were at least 32 suicides in state prisons last year, averaging one every 11 days. Lopes said that translates to almost 24 suicides per 100,000 inmates, a 13% increase over 2011 and well above the national suicide rate of 16 deaths per 100,000 prisoners.


The state's high suicide rate prompted a 2010 court order to adopt suicide prevention practices. Lopes said the state has made progress on those steps, but fewer than one out of four prisons hold suicide prevention team meetings as required and only three prisons complied with the requirement for five-day follow-ups with inmates discharged from crisis care.


"The problem of inmate suicides … must be resolved before the remedial phase of the Coleman case can be ended," Lopes wrote, referring to the 2001 lawsuit that led to the appointment of a special master. "The gravity of this problem calls for further intervention. To do any less and to wait any longer risks further loss of lives."


Assistant Secretary of Communications Deborah Hoffman said, "We take suicides very seriously and have one of the most robust suicide prevention programs in the nation."


Lopes also said in his report that all 11 outpatient care hubs in the prison system still conduct inmate counseling sessions in public, despite the need for confidential settings, and 10 of those hubs fail to offer at least 10 hours of structured therapy per week, a provision Lopes said "should be made a priority."


A training program designed to help prison guards interact with mentally ill inmates and mental health providers showed no improvement in use-of-force incidents or missed treatment sessions, Lopes said.


He also documented instances of mentally ill inmates being housed for extended periods in isolation units. At Kern Valley State Prison, mentally ill offenders had been isolated as long as 292 days. The court compliance rate is 30 days.


Families of mentally ill inmates expressed their own frustration.


Blanca Gonzalez said her 31-year-old son's mental state has deteriorated since his incarceration. She said he was put into segregation on Thanksgiving and not moved to a psychiatric unit until last week.


"I am watching my son die in front of me and no one seems to care," Gonzalez said.


paige.stjohn@latimes.com





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Samsung, Apple seen pulling ahead in smartphone race: poll






HELSINKI (Reuters) – Samsung and Apple pulled ahead in the global smartphone race last quarter, according to forecasts by analysts in a Reuters poll, while Nokia and others are expected to have fallen further behind.


Overall shipments of handsets are expected to have risen in the fourth quarter, with most of that growth dominated by Samsung. Analysts forecast the South Korean company shipped 61 million smart devices, up 71 percent from a year earlier.






Samsung forecast earlier this month that it expected to earn a quarterly profit of $ 8.3 billion on strong sales of its Galaxy handsets as well as solid demand for flat screens used in mobile devices. Samsung’s full results are due by Jan 25.


While some are wary that Samsung’s momentum may slow in coming quarters owing to market saturation, it is still expected to outpace Apple as sales of the new iPhone 5 appear slightly weaker than originally forecast.


Apple is forecast to have shipped 46 million iPhones in the quarter, up 25 percent from a year earlier, according to the poll.


Shares in Apple dipped below $ 500 earlier this week for the first time in almost a year after reports it was slashing orders for screens and other components as intensifying competition eroded demand for the new iPhone.


The poll showed analysts expect Apple’s full-year shipments to grow to 167 million this year from 134 million in 2012, while Samsung’s shipments are expected to grow to 283 million smartphones in 2013 compared to 210 million in 2012.


NOKIA, RIM AIM TO CATCH UP


Nokia, once the world’s biggest handset maker, is expected to have lost more market share. It is now pinning its recovery hopes on Lumia smartphones, which use Microsoft’s Windows Phone software.


Analysts forecast Nokia’s fourth-quarter shipments of mobile phones fell 15 percent to 80 million units while those of smartphones, including Lumias, fell 65 percent to 7 million units.


Nokia last week said it sold around 4.4 million Lumia handsets in the fourth quarter. Full results are due on Jan 24, and analysts are anxious to hear whether Nokia is confident that Lumia sales will continue to grow in coming quarters.


BlackBerry-maker RIM, another handset maker struggling to claw back market share, is expected to report a 30 percent fall in fourth-quarter shipments to 7 million units, the poll showed.


RIM is to launch new BlackBerry 10 smartphones later this month. The poll showed, however, that analysts expect its full-year sales to fall to around 30 million in 2013 from 33 million in 2012.


(Reporting by Ritsuko Ando; Editing by Sophie Walker)


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FX May split off new FXX, targeting younger viewers: report






NEW YORK (TheWrap.com) – News Corp. may split its successful FX network into two, with the new network, FXX, focusing more on twentysomethings and comedy.


The new network could replace Fox Soccer, the Los Angeles Times said.Broadcasting & Cable reported the possible name and focus of the new channel.






“We’re constantly evaluating our programming offerings and this is just one notion we have considered over the past year or so,” a Fox spokesman told TheWrap.


The move would make sense given the vast content available to FX, said Brad Adgate, director of research for Horizon Media.


“They’re probably going to get more viewers with a second entertainment network,” he told TheWrap. “Why not create a second?”


If Fox Soccer becomes FXX, Fox could potentially air its games on the new network it is developing to compete with ESPN, Adgate noted.


News Corp. also has the movie channel FXM.


The possible split for FX comes as the company has dramatically increased its content in recent seasons. Besides dramatic hits like “Justified,” “Sons of Anarchy” and “American Horror Story,” it also airs comedies including the highly rated “It’s Always Sunny in Philadelphia” and the acclaimed “Louie.”


The network is also building a late-night lineup with “Totally Biased With W. Kamau Bell” and “BrandX With Russell Brand.”


The split would follow the successful approach of other conglomerates. NBC Universal has USA, Bravo and E!, among other cable stations, while Turner airs its dramas on TNT and comedies on TBS. AMC Networks is taking a similar approach, airing dramas on AMC and developing new ones for Sundance as IFC focuses on comedy.


News Corp. may split its successful FX network into two, with the new network, FXX, focusing more on twentysomethings and comedy.


TV News Headlines – Yahoo! News





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Business Briefing | Medicine: F.D.A. Clears Botox to Help Bladder Control



Botox, the wrinkle treatment made by Allergan, has been approved to treat adults with overactive bladders who cannot tolerate or were not helped by other drugs, the Food and Drug Administration said on Friday. Botox injected into the bladder muscle causes the bladder to relax, increasing its storage capacity. “Clinical studies have demonstrated Botox’s ability to significantly reduce the frequency of urinary incontinence,” Dr. Hylton V. Joffe, director of the F.D.A.’s reproductive and urologic products division, said in a statement. “Today’s approval provides an important additional treatment option for patients with overactive bladder, a condition that affects an estimated 33 million men and women in the United States.”


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Analysis: Amid Tears Lance Armstrong Leaves Unanswered Questions in Oprah Winfrey Interview





In an extensive interview with Oprah Winfrey that was shown over two nights, Lance Armstrong admitted publicly for the first time that he doped throughout his cycling career. He revealed that all seven of his Tour de France victories were fueled by doping, that he never felt bad about cheating, and that he had covered up a positive drug test at the 1999 Tour with a backdated doctor’s prescription for banned cortisone.




Armstrong, the once defiant cyclist, also became choked up when he discussed how he told his oldest child that the rumors about Armstrong’s doping were true.


Even with all that, the interview will most likely be remembered for what it was missing.


Armstrong had not subjected himself to questioning from anyone in the news media since United States antidoping officials laid out their case against him in October. He chose not to appeal their ruling, leaving him with a lifetime ban from Olympic sports.


He personally chose Winfrey for his big reveal, and it went predictably. Winfrey allowed him to share his thoughts and elicited emotions from him, but she consistently failed to ask critical follow-up questions that would have addressed the most vexing aspects of Armstrong’s deception.


She did not press him on who helped him dope or cover up his drug use for more than a decade. Nor did she ask him why he chose to take banned performance-enhancing substances even after cancer had threatened his life.


Winfrey also did not push him to answer whether he had admitted to doctors in an Indianapolis hospital in 1996 that he had used performance-enhancing drugs, a confession a former teammate and his wife claimed they overheard that day. To get to the bottom of his deceit, antidoping officials said, Armstrong has to be willing to provide more details.


“He spoke to a talk-show host,” David Howman, the director general of the World Anti-Doping Agency, said from Montreal on Friday. “I don’t think any of it amounted to assistance to the antidoping community, let alone substantial assistance. You bundle it all up and say, ‘So what?’


Jeffrey M. Tillotson, the lawyer for an insurance company that unsuccessfully withheld a $5 million bonus from Armstrong on the basis that he had cheated to win the Tour de France in 2004, said his client would make a decision over the weekend about whether to sue Armstrong. If it proceeds, the company, SCA Promotions, will seek $12 million, the total it paid Armstrong in bonuses and legal fees.


“It seemed to us that he was more sorry that he had been caught than for what he had done,” Tillotson said. “If he’s serious about rehabbing himself, he needs to start making amends to the people he bullied and vilified, and he needs to start paying money back.”


Armstrong, who said he once believed himself to be invincible, explained in the portion of the interview broadcast Friday night that he started to take steps toward redemption last month. Then, after dozens of questions had already been lobbed his way, he became emotional when he described how he told his 13-year-old son, Luke, that yes, his father had cheated by doping. That talk happened last month over the holidays, Armstrong said as he fought back tears.


“I said, listen, there’s been a lot of questions about your dad, my career, whether I doped or did not dope, and I’ve always denied, I’ve always been ruthless and defiant about that, which is probably why you trusted me, which makes it even sicker,” Armstrong said he told his son, the oldest of his five children. “I want you to know it’s true.”


At times, Winfrey’s interview seemed more like a therapy session than an inquisition, with Armstrong admitting that he was narcissistic and had been in therapy — and that he should be in therapy regularly because his life was so complicated.


In the end, the interview most likely accomplished what Armstrong had hoped: it was the vehicle through which he admitted to the public that he had cheated by doping, which he had lied about for more than a decade. But his answers were just the first step to clawing back his once stellar reputation.


On Friday, Armstrong appeared more contrite than he had during the part of the interview that was shown Thursday, yet he still insisted that he was clean when he made his comeback to cycling in 2009 after a brief retirement, an assertion the United States Anti-Doping Agency said was untrue. He also implied that his lifetime ban from all Olympic sports was unfair because some of his former teammates who testified about their doping and the doping on Armstrong’s teams received only six-month bans.


Richard Pound, the founding chairman of WADA and a member of the International Olympic Committee, said he was unmoved by Armstrong’s televised mea culpa.


“If what he’s looking for is some kind of reconstruction of his image, instead of providing entertainment with Oprah Winfrey, he’s got a long way to go,” Pound said Friday from his Montreal office.


Armstrong acknowledged to Winfrey during Friday’s broadcast that he has a long way to go before winning back the public’s trust. He said he understood why people recently turned on him because they felt angry and betrayed.


“I lied to you and I’m sorry,” he said before acknowledging that he might have lost many of his supporters for good. “I am committed to spending as long as I have to to make amends, knowing full well that I won’t get very many back.”


Armstrong also said that the scandal has cost him $75 million in lost sponsors, all of whom abandoned him last fall after Usada made public 1,000 pages of evidence that Armstrong had doped.


“In a way, I just assumed we would get to that point,” he said of his sponsors’ leaving. “The story was getting out of control.”


In closing her interview, Winfrey asked Armstrong a question that left him perplexed.


“Will you rise again?” she said.


Armstrong said: “I don’t know. I don’t know. I don’t know what’s out there.”


Then, as the interview drew to a close, Armstrong said: “The ultimate crime is the betrayal of these people that supported me and believed in me.”


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Colorado movie theater reopens after shooting









AURORA, Colo. — A quiet crowd gathered Thursday at what is now Century Aurora for an "evening of remembrance." Young employees offered candy, sodas and popcorn to visitors who mingled inside the complex, which had been painted soft blues, greens and yellows.


The movie theater where a gunman killed 12 people and injured dozens more last July reopened under a new name after extensive remodeling. The governor, mayor, theater officials and a few hundred victims, families and community members attended, but relatives of several who died boycotted the event.


In one aisle, a young man comforted a young woman as she cried. A small room was set up with tables and tissues for those who might need a quiet space to grieve.





Corbin Dates, 23, who said he was in the second row of Theater 9 during the rampage and escaped with a small burn from a bullet casing, called the event empowering.


"Evil doesn't have the best of me and it never will," he said.


But Scott Larimer, whose son John Larimer, 27, was killed, did not come. He was among those who called for a boycott after receiving a brief email shortly after Christmas inviting him to the ceremony and to an unspecified movie.


"They were treating it like I lost my raincoat there and not my son," he said. "I'm not sure if they're just trying to drum up support so they can just reopen their theater and make some money, or what it is."


The fate of the Century 16 theaters was the subject of much debate in the aftermath of one of the worst mass shootings in U.S. history, for which James E. Holmes, 25, has been ordered to stand trial. City officials launched an online survey to gauge public opinion and said the response was overwhelming in favor of reopening.


But earlier this month, 15 family members of nine people killed wrote a letter to Cinemark, the theater's owner, blasting the invitation to the opening and criticizing the company for showing "ZERO compassion to the families of the victims whose loved ones were killed in their theater."


One of them, Jerri Jackson, said Cinemark had never contacted her before she received the invitation, which was sent by a victims' group on Cinemark's behalf.


"I would have thought early on that they would have contacted us and offered their condolences, tried to do something for the families, but they've done nothing," she said. Her son Matt McQuinn, 27, was among the dead.


Some who came to the ceremony had a different perspective.


"We will not let this tragedy define us," Aurora Mayor Steve Hogan said during the 30-minute remembrance. "Aurora is strong, Aurora is caring, and our focus remains on the road before us."


Democratic Gov. John Hickenlooper acknowledged the families who were absent but praised Cinemark and its chief executive for working closely with the community in the aftermath of the shooting.


"Everyone heals. Some slower, some in different ways. Some wanted this theater open, some didn't," Hickenlooper said. "For many here tonight, this is the path to healing."


After the ceremony, everyone was invited to stay for a screening of "The Hobbit."


Tom Sullivan, whose son Alex Sullivan, 27, died, came to the remembrance. He and other family members spent several minutes exploring the complex before taking a seat for the ceremony. He sees the theater as part of his community, which supported him after the death of his son.


"The people of Aurora decided that's what they wanted," to reopen the theater. "So I decided, 'Well, that's what we'll do,'" he said. "The people of Aurora have done everything they can to help us through this very difficult time."


paloma.esquivel@latimes.com





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Obama Wants More Violent Video Game Studies, and That’s Okay






Here’s an interesting fact that came out of the recent debate over gun control: Thanks to the U.S. Congress, the government has been unable to fully research firearm safety for the last 16 years.


In 1996, as Reuters tells it, the National Rifle Association pressured lawmakers into cutting $ 2.6 million worth of Centers for Disease Control funding, which was being used for firearms research. Congress later restored the funds, but with a restriction on any research that “may be used to advocate or promote gun control.” Apparently the NRA had been dismissing past studies as “anti-gun propaganda,” but it’s hard to see the group as anything but afraid of what we might learn through more research.






Now that President Obama wants Congress to fund research into violent video games, I’m sad to see a parallel among some of my fellow gamers and game journalists, who think the government should just leave games alone.


“Dear Mr. President, We are not ignorant about the relationship between media including videogames and violence. Studies show there isn’t one,” Garnett Lee, Editorial Director of GameFly Media, wrote on Twitter.


“No matter how many studies show no links, it’ll never be seen as a reason to not fund another one,” Wired Editor Chris Kohler wrote.


Sorry, but I can’t join in on this collective freak out. For as defensive as I am about video games, and my right to enjoy them like any other form of speech, I draw the line at declaring we don’t need any more knowledge.


True, there isn’t much strong evidence to prove that violent video games make children violent in the real world. That’s why, in 2011, the U.S. Supreme Court refused to let California outlaw the sale of violent games to minors. The state didn’t have enough evidence to prove that violent video games cause violence — certainly not more than any other media — so just like the movie and music industries, the video game industry gets to regulate itself. It uses its own ratings system, and retailers take it upon themselves not to sell mature-rated games to minors. They happen to do an extremely good job, too, according to the FTC.


But just because existing research doesn’t link violent games with violent behavior doesn’t mean we know everything there is to know about how these games affect us. Just today, Kotaku published a lengthy story on everything we do know from violent games research. One of the most surprising takeaways: hardly anyone has studied whether video games are bigger primers for aggression than non-interactive media, such as movies. As Polygon reports, the CDC has supported violent media research before, and believes there’s more work to be done. We shouldn’t be afraid of that.


We also shouldn’t be afraid of the implications. There is a serious debate to be had about whether a certain level of media violence — I’m talking really gruesome, depraved stuff — deserves the same type of classification as pornography, which is illegal to sell to minors in the United States. The Supreme Court actually allowed for this possibility in its 2011 ruling, but it tossed out California’s violent game law in part because it was too broadly-defined, and because it unfairly targeted video games instead of all media. The government long ago decided that minors shouldn’t be allowed to see hardcore sex on the belief that it’s harmful, so either we start figuring out similar parameters for media violence, or we decide that trying to legally prevent minors from seeing anything is an impractical and misguided enterprise. Either way, it’s hard to have that debate without more knowledge about how violent media affects us.


I do wish Obama hadn’t singled out video games over all other media in Wednesday’s briefing to the press. And I admit that the parallel to the NRA’s crackdown on firearms research is a bit unfair. After all, guns literally are weapons; video games are not. One of these things is clearly more dangerous to possess than the other, and unless you’re NRA CEO Wayne LaPierre, it shouldn’t be hard to recognize which.


The good news is that the Obama administration seems to be aware of all this, and I don’t see much evidence that there’s a video game witch hunt at hand. Obama’s official memorandum on gun violence research doesn’t specifically mention video games at all, and mentions the importance of giving parents the tools to decide what media their children consume. Even the video game industry’s main trade group, the Entertainment Software Association, is okay with Obama’s push for more research. That’s a pretty good indication that the government isn’t coming after our right to virtually shoot aliens in the face. It just wants to know more about what happens in our brains when we do. So should we.


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Ending “The Office”: no Steve Carell, and someone’s getting fired






NEW YORK (TheWrap.com) – “The Office” is likely to close without a return appearance by Steve Carell’s Michael Scott, creator Greg Daniels says. But Mindy Kaling and B.J. Novak are expected back for the end of the show, and the final episodes will include someone in the Dunder Mifflin office getting fired.


“Steve is very much of the opinion that the ‘goodbye Michael’ episode and the story arc that we did leading up to it was his goodbye to the fans and to the show, and that the stuff we’re doing this season is the goodbye that the rest of the show gets to have,” Daniels said at a Television Critics Association panel on Wednesday.






“So at the moment we don’t have any plans for him to come back,” Daniels added. “There’s still a lot of good things that we have planned for the rest of the goodbyes.”


Not all of those goodbyes will take place in the two-part finale of the show. Daniels said the series will resolve with a story involving the documentary crew that has been chronicling life at a typical Scranton, Pa., office for the last nine seasons.


“If you look at how many characters there are here, and you think that it’ll be our 200th half hour when we do the finale, I don’t think we’re planning on packing everything into the last episode. I would encourage people, if you are waiting for the end of “The Office” to re-tune in, I would start doing it right away,” Daniels said.


Daniels adapted “The Office” from the U.K. series of the same name, created by Ricky Gervais and Stephen Merchant. He said the British series was ripe for adaptation because it felt like a toy that “still had some play in it” when it ended after just two short seasons and a Christmas special.


Now he is putting the toy away.


“There’s an episode tomorrow night that is very good, and then the one after that is really what I would say is the beginning of the end, where we start to break down what’s going on with this documentary and see behind the scenes and who’s involved,” he said.


Daniels said eighteen of the show’s final 24 episodes are written. In the fifteenth episode, he said, someone will be fired. He declined to say whether the person being fired is a longtime cast member or a new one.


“Someone is fired. I will hint at that,” he said. “There’s drama and someone has to get fired.”


The firing episode is expected to air February 14.


Daniels declined to give any hints about how the series could end, but told TheWrap his favorite TV show ending is the conclusion of “Newhart.”


“Newhart” famously ended with Bob Newhart’s character from his previous series, “The Bob Newhart Show,” waking up with his wife from that series, played by Suzanne Pleshette, and saying he had a strange dream.


It turns out he has dreamed the events of “Newhart.”


So… no chance “The Office” will end with Carell waking up from a dream?


“No, it’s been done,” he said. “You’ve got to figure out another thing.”


TV News Headlines – Yahoo! News





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The Neediest Cases: Medical Bills Crush Brooklyn Man’s Hope of Retiring


Andrea Mohin/The New York Times


John Concepcion and his wife, Maria, in their home in Sheepshead Bay, Brooklyn. They are awaiting even more medical bills.







Retirement was just about a year away, or so John Concepcion thought, when a sudden health crisis put his plans in doubt.





The Neediest CasesFor the past 100 years, The New York Times Neediest Cases Fund has provided direct assistance to children, families and the elderly in New York. To celebrate the 101st campaign, an article will appear daily through Jan. 25. Each profile will illustrate the difference that even a modest amount of money can make in easing the struggles of the poor.


Last year donors contributed $7,003,854, which was distributed to those in need through seven New York charities.








2012-13 Campaign


Previously recorded:

$6,865,501



Recorded Wed.:

16,711



*Total:

$6,882,212



Last year to date:

$6,118,740




*Includes $1,511,814 contributed to the Hurricane Sandy relief efforts.





“I get paralyzed, I can’t breathe,” he said of the muscle spasms he now has regularly. “It feels like something’s going to bust out of me.”


Severe abdominal pain is not the only, or even the worst, reminder of the major surgery Mr. Concepcion, 62, of Sheepshead Bay, Brooklyn, underwent in June. He and his wife of 36 years, Maria, are now faced with medical bills that are so high, Ms. Concepcion said she felt faint when she saw them.


Mr. Concepcion, who is superintendent of the apartment building where he lives, began having back pain last January that doctors first believed was the result of gallstones. In March, an endoscopy showed that tumors had grown throughout his digestive system. The tumors were not malignant, but an operation was required to remove them, and surgeons had to essentially reroute Mr. Concepcion’s entire digestive tract. They removed his gall bladder, as well as parts of his pancreas, bile ducts, intestines and stomach, he said.


The operation was a success, but then came the bills.


“I told my friend: are you aware that if you have a major operation, you’re going to lose your house?” Ms. Concepcion said.


The couple has since received doctors’ bills of more than $250,000, which does not include the cost of his seven-day stay at Beth Israel Medical Center in Manhattan. Mr. Concepcion has worked in the apartment building since 1993 and has been insured through his union.


The couple are in an anxious holding pattern as they wait to find out just what, depending on their policy’s limits, will be covered. Even with financial assistance from Beth Israel, which approved a 70 percent discount for the Concepcions on the hospital charges, the couple has no idea how the doctors’ and surgical fees will be covered.


“My son said, boy he saved your life, Dad, but look at the bill he sent to you,” Ms.  Concepcion said in reference to the surgeon’s statements. “You’ll be dead before you pay it off.”


When the Concepcions first acquired their insurance, they were in good health, but now both have serious medical issues — Ms. Concepcion, 54, has emphysema and chronic obstructive pulmonary disease, and Mr. Concepcion has diabetes. They now spend close to $800 a month on prescriptions.


Mr. Concepcion, the family’s primary wage earner, makes $866 a week at his job. The couple had planned for Mr. Concepcion to retire sometime this year, begin collecting a pension and, after getting their finances in order, leave the superintendent’s apartment, as required by the landlord, and try to find a new home. “That’s all out of the question now,” Ms. Concepcion said. Mr. Concepcion said he now planned to continue working indefinitely.


Ms. Concepcion has organized every bill and medical statement into bulging folders, and said she had spent hours on the phone trying to negotiate with providers. She is still awaiting the rest of the bills.


On one of those bills, Ms. Concepcion said, she spotted a telephone number for people seeking help with medical costs. The number was for Community Health Advocates, a health insurance consumer assistance program and a unit of Community Service Society, one of the organizations supported by The New York Times Neediest Cases Fund. The society drew $2,120 from the fund so the Concepcions could pay some of their medical bills, and the health advocates helped them obtain the discount from the hospital.


Neither one knows what the next step will be, however, and the stress has been eating at them.


“How do we get out of this?” Mr. Concepcion asked. “There is no way out. Here I am trying to save to retire. They’re going to put me in the street.”


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DealBook: Michael Dell’s Empire in a Buyout Spotlight

The computer empire of Michael S. Dell spreads across a campus of low-slung buildings in Round Rock, Tex.

But his financial empire — estimated at $16 billion — occupies the 21st floor of a dark glass skyscraper on Fifth Avenue in Manhattan.

It is there that MSD Capital, started by Mr. Dell 15 years ago to manage his fortune, has quietly built a reputation as one of the smartest investors on Wall Street. By amassing a prodigious portfolio of stocks, companies, real estate and timberland, Mr. Dell has reduced his exposure to the volatile technology sector and branched out into businesses as diverse as dentistry and landscaping.

Now, Mr. Dell is on the verge of making one of the biggest investments of his life. The 47-year-old billionaire and his private equity backers are locked in talks to acquire Dell, the company he started with $1,000 as a teenager three decades ago, in a leveraged buyout worth more than $20 billion. MSD could play a role in the Dell takeover, according to people briefed on the deal.

The private equity firm Silver Lake has been in negotiations to join with Mr. Dell on a transaction, along with other potential partners like wealthy Asian investors or foreign funds. Mr. Dell would be expected to roll his nearly 16 percent ownership of the company into the buyout, a stake valued at about $3.5 billion. He could also contribute additional personal money as part of the buyout.

That money is managed by MSD, among the more prominent so-called family offices that are set up to handle the personal investments of the wealthy. Others with large family offices include Bill Gates, whose Microsoft wealth financed the firm Cascade Investment, and New York’s mayor, Michael R. Bloomberg, who set up his firm, Willett Advisors, in 2010 to manage his personal and philanthropic assets.

“Some of these family offices are among the world’s most sophisticated investors and have the capital and talent to compete with the largest private equity firms and hedge funds,” said John P. Rompon, managing partner of McNally Capital, which helps structure private equity deals for family offices.

A spokesman for MSD declined to comment for this article. The buyout talks could still fall apart.

In 1998, Mr. Dell, then just 33 years old — and his company’s stock worth three times what it is today — decided to diversify his wealth and set up MSD. He staked the firm with $400 million of his own money, effectively starting his own personal money-management business.

To head the operation, Mr. Dell hired Glenn R. Fuhrman, a managing director at Goldman Sachs, and John C. Phelan, a principal at ESL Investments, the hedge fund run by Edward S. Lampert. He knew both men from his previous dealings with Wall Street. Mr. Fuhrman led a group at Goldman that marketed specialized investments like private equity and real estate to wealthy families like the Dells. And Mr. Dell was an early investor in Mr. Lampert’s fund.

Mr. Fuhrman and Mr. Phelan still run MSD and preside over a staff of more than 100 overseeing Mr. Dell’s billions and the assets in his family foundation. MSD investments include a stock portfolio, with positions in the apparel company PVH, owner of the Calvin Klein and Tommy Hilfiger brands, and DineEquity, the parent of IHOP and Applebee’s.

Among its real estate holdings are the Four Seasons Resort Maui in Hawaii and a stake in the New York-based developer Related Companies.

MSD also has investments in several private businesses, including ValleyCrest, which bills itself as the country’s largest landscape design company, and DentalOne Partners, a collection of dental practices.

Perhaps MSD’s most prominent deal came in 2008, in the middle of the financial crisis, when it joined a consortium that acquired the assets of the collapsed mortgage lender IndyMac Bank from the federal government for about $13.9 billion and renamed it OneWest Bank.

The OneWest purchase has been wildly successful. Steven Mnuchin, a former Goldman executive who led the OneWest deal, has said that the bank is expected to consider an initial public offering this year. An I.P.O. would generate big profits for Mr. Dell and his co-investors, according to people briefed on the deal.

Another arm of MSD makes select investments in outside hedge funds. Mr. Dell invested in the first fund raised by Silver Lake, the technology-focused private equity firm that might now become his partner in taking Dell private.
MSD’s principals have already made tidy fortunes. In 2009, Mr. Fuhrman, 47, paid $26 million for the Park Avenue apartment of the former Lehman Brothers chief executive Richard S. Fuld. Mr. Phelan, 48, and his wife, Amy, a former Dallas Cowboys cheerleader, also live in a Park Avenue co-op and built a home in Aspen, Colo.

Both are influential players on the contemporary art scene, with ARTNews magazine last year naming each of them among the world’s top 200 collectors. MSD, too, has dabbled in the visual arts. In 2010, MSD bought an archive of vintage photos from Magnum, including portraits of Marilyn Monroe and Mahatma Gandhi, and has put the collection on display at the University of Texas, Mr. Dell’s alma mater.

Just as the investment firms Rockefeller & Company (the Rockefellers, diversifying their oil fortune) and Bessemer Trust (the Phippses, using the name of the steelmaking process that formed the basis of their wealth) started out as investment vehicles for a single family, MSD has recently shown signs of morphing into a traditional money management business with clients beside Mr. Dell.

Last year, for the fourth time, an MSD affiliate raised money from outside investors when it collected about $1 billion for a stock-focused hedge fund, MSD Torchlight Partners. A 2010 fund investing in distressed European assets also manages about $1 billion. The Dell family is the anchor investor in each of the funds, according to people briefed on the investments.

MSD has largely remained below the radar, though its name emerged a decade ago in the criminal trial of the technology banker Frank Quattrone on obstruction of justice charges. Prosecutors introduced an e-mail that Mr. Fuhrman sent to Mr. Quattrone during the peak of the dot-com boom in which he pleaded for a large allotment of a popular Internet initial public offering.

“We know this is a tough one, but we wanted to ask for a little help with our Corvis allocation,” Mr. Fuhrman wrote. “We are looking forward to making you our ‘go to’ banker.”

The e-mail, which was not illegal, was meant to show the quid pro quo deals that were believed to have been struck between Mr. Quattrone and corporate chieftains like Mr. Dell — the bankers would give executives hot I.P.O.’s and the executives, in exchange, would hold out the possibility of giving business to the bankers. (Mr. Quattrone’s conviction was reversed on appeal.)

The MSD team has also shown itself to be loyal to its patron in other ways.

On the MSD Web site, in the frequently asked questions section, the firm asks and answers queries like “how many employees do you have” and “what kind of investments do you make.”

In the last question on the list, MSD asks itself, “Do you use Dell computer equipment?” The answer: “Exclusively!”


This post has been revised to reflect the following correction:

Correction: January 18, 2013

An earlier version of this article misstated when an MSD affiliate raised money from outside investors for a hedge fund. It was last year, not earlier this year. The article also misstated which hedge fund and its focus. It was MSD Torchlight Partners, a stock-focused hedge fund, not MSD Energy Partners, an energy-focused hedge fund.

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Robert L. Citron dies at 87; central figure in O.C. bankruptcy









Robert L. Citron, the Orange County treasurer whose bad bets on exotic Wall Street investments resulted in what at the time was the largest municipal bankruptcy in U.S. history, died Wednesday. He was 87.


Citron died at St. Joseph Hospital in Orange of complications from a heart attack, said his wife, Terry Citron.


Until the 1994 financial collapse, Citron was a low-key bureaucrat who won praise from Orange County supervisors for earning much higher yields from the county's complex array of investments than many other government agencies. His investment pools attracted funds from governments around the country as well as from schools, cities and public agencies.





The county declared bankruptcy Dec. 6, 1994, buffeted by losses that, when the final count was tallied, amounted to $1.64 billion. The county was forced to postpone repayments on bonds it had sold, ruining its credit rating, but eventually repaid its creditors in full. The bankruptcy sent shock waves through Wall Street and the municipal bond markets. It also made national headlines, with some asking how such a prosperous county could become insolvent.


A grand jury investigation would later find that the treasurer who over the years won so much praise for his investment skills relied upon a mail order astrologer and a psychic for interest rate predictions as the county's treasury began to falter.


Citron pleaded guilty to six felony counts, including filing false statements to participants in the Orange County Treasury Investment Pool. His lawyer, David Wiechert, submitted medical testimony indicating that Citron was in the early stages of dementia.


Citron was sentenced to work in the county jail, sorting inmates' requests for personal items by day before returning to his home in Santa Ana. He never spent a night behind bars but worked for months in the jail's commissary. He remained on probation until 2002.


In a 1997 interview with The Times, Citron insisted that he was duped into making rashly imprudent investments by Merrill Lynch. He became a key witness in Orange County's $2-billion lawsuit against the investment giant. The suit said that Citron was a "pigeon" for greedy brokers at the investment house.


Merrill Lynch maintained that the bankruptcy was Citron's fault. It later settled the case with the county, paying $400 million.


A third-generation Californian, Citron was born in Los Angeles on April 14, 1925, according to public records, and grew up in Burbank. Because he had asthma as a child, his family moved out to the town of Hemet in the foothills of the San Jacinto Mountains. His father, Jesse, was a doctor who earned a measure of fame for being liquor-loving W.C. Fields' doctor and weaning him off Scotch.


Citron rose through the ranks of the county's treasury department to become county treasurer-tax collector, a post he held for 24 years. He was one of the few Democrats to hold countywide elected office in a region dominated by Republicans. He lived in Santa Ana, just a few miles from work, and was famous for his long hours. In a 1994 interview, his wife told The Times that the weekends were hardest for her husband because he could not go to work.


"He can barely stand the weekend at home," she said. "He can't wait to get back. I think he'd go crazy without that job."


The bankruptcy tarnished Citron's name as well as the county's. County government slashed hundreds of jobs and cut budgets. Orange County's repayment plan siphoned money from four county departments every year, affecting projects big and small.


Citron's assistant, Matthew Raabe, was convicted of fraud and misappropriation and served 41 days in jail before the verdict was overturned. Taxpayers spent $1 million on his defense. The county's financial director, Ronald S. Rubino, was tried on fraud and misappropriation charges, but a jury deadlocked in favor of acquittal. He pleaded no contest to one record-keeping violation under a deal that allowed his record to be erased after a year. County Supervisors Roger R. Stanton and William G. Steiner were indicted by a grand jury on grounds of failing to safeguard public funds. The indictment was later dismissed by an appeals court ruling that said failing to do their jobs wasn't a crime.


Citron is survived by his wife of 57 years.


scott.reckard@latimes.com


Times staff writers Shelby Grad and Robert J. Lopez contributed to this report.





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Mysterious Samsung smartphone pictured with Verizon branding







Earlier this week, a mysterious Samsung (005930) smartphone appeared on GLBenchmark’s database with the model number SCH-I425. The number fell in line with previous Verizon (VZ) devices, leading us to speculate that it could be the Stratosphere III. New images posted by Engadget on Wednesday confirmed that the handset is real, however it does not feature earlier Stratosphere devices’ signature QWERTY keyboard. The device resembles the Galaxy S III mini, although the smartphone includes four capacitive buttons rather than Samsung’s physical home key. As the benchmarks revealed, the SCH-I425 is also equipped with a 720p display, a 1.4GHz dual-core Snapdragon S4 processor, 4G LTE and Android 4.1.2. While the actual screen size is unknown, it appears to be in the 4-inch range. A second image of the unannounced phone follows below.


[More from BGR: The true genius of Facebook’s Graph Search]






This article was originally published on BGR.com


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Jersey Shore town OKs deal to rebuild boardwalk






SEASIDE HEIGHTS, N.J. (AP) — The boardwalk where generations of families and teens got their first taste of the Jersey Shore and where the MTV reality show of the same name was filmed is about to be rebuilt following its destruction in Superstorm Sandy.


Seaside Heights on Wednesday night was awarded a $ 3.6 million contract to have the boardwalk rebuilt in time for Memorial Day weekend.






The walkway, one of the most popular and heavily used at the Jersey Shore, was destroyed in the late October storm, the state’s worst natural disaster. Officials say it is the centerpiece of the borough’s tourism industry, which funds 75 percent of its budget.


“A lot of people love Seaside and want to see what’s happening this year,” Mayor William Akers said. “If they don’t come back, we don’t eat.”


Florence Birban, a 47-year resident, said the boardwalk means a lot to homeowners.


“We need a boardwalk here to bring in the revenue and keep our taxes from going up, hopefully,” she said. “It just looks wrong without a boardwalk. I look up the street, and I don’t see one, and it’s not right.”


The work should be done by May 10.


Seaside Heights was famous for generations as a summer destination for families, teens and young adults. It took on a new level of fame in recent years when MTV set its “Jersey Shore” reality show on the boardwalk, where a tipsy Nicole “Snooki” Polizzi tottered unsteadily and Mike “The Situation” Sorrentino flexed his abs as cameras whirred.


The contract approved Wednesday just covers replacement of the boards and the substructure beneath it. Akers said a future contract will include ramps, railings and a protective sea wall.


Borough Administrator John Camera said the entire length of the mile-long boardwalk will be rebuilt.


That was good news for Sue Poane, another longtime resident concerned about the town’s financial future and its quality of life.


“We need the people to spend their money here; we need the boardwalk back for the businesses,” she said. “My husband and I walk the boardwalk every Sunday afternoon. We have our supper at our special place — they have the best seafood in the world! — and then we sit and people-watch.”


Seaside Heights is the second major boardwalk to see rebuilding begin; Belmar started work on its walkway last week. Spring Lake also has started fixing its boardwalk, as has Point Pleasant Beach.


On Thursday in Seaside Heights, the private owners of the Jet Star roller coaster plan to solicit bids from companies interested in removing the remains from the Atlantic Ocean, Akers said. They have been there since the roller coaster plunged off a collapsing pier during the storm.


Town officials are anxious to have it removed. Last week, a man sailed a small boat to the coaster, climbed to the top of it and affixed a flag to it before being talked down and arrested by police. Officials and some residents are worried about liability for the coaster if someone is injured on or near it. The beachfront remains off-limits and is guarded by police and state troopers.


___


Wayne Parry can be reached at http://twitter.com/WayneParryAC


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Some With Autism Diagnosis Can Recover, Study Finds


Doctors have long believed that disabling autistic disorders last a lifetime, but a new study has found that some children who exhibit signature symptoms of the disorder recover completely.


The study, posted online on Wednesday by the Journal of Child Psychology and Psychiatry, is the largest to date of such extraordinary cases and is likely to alter the way that scientists and parents think and talk about autism, experts said.


Researchers on Wednesday cautioned against false hope. The findings suggest that the so-called autism spectrum contains a small but significant group who make big improvements in behavioral therapy for unknown, perhaps biological reasons, but that most children show much smaller gains. Doctors have no way to predict which children will do well.


Researchers have long known that between 1 and 20 percent of children given an autism diagnosis no longer qualify for one a few years or more later. They have suspected that in most cases the diagnosis was mistaken; the rate of autism diagnosis has ballooned over the past two decades, and some research suggests that it has been loosely applied.


The new study should put some of that skepticism to rest.


“This is the first solid science to address this question of possible recovery, and I think it has big implications,” said Sally Ozonoff of the MIND Institute at the University of California, Davis, who was not involved in the research. “I know many of us as would rather have had our tooth pulled than use the word ‘recover,’ it was so unscientific. Now we can use it, though I think we need to stress that it’s rare.”


She and other experts said the findings strongly supported the value of early diagnosis and treatment.


In the study, a team led by Deborah Fein of the University of Connecticut at Storrs recruited 34 people who had been diagnosed before the age of 5 and no longer had any symptoms. They ranged in age from 8 to 21 years old and early in their development were in the higher-than-average range of the autism spectrum. The team conducted extensive testing of its own, including interviews with parents in some cases, to gauge current social and communication skills.


The debate over whether recovery is possible has simmered for decades and peaked in 1987, when the pioneering autism researcher O. Ivar Lovaas reported that 47 percent of children with the diagnosis showed full recovery after undergoing a therapy he had devised. This therapy, a behavioral approach in which increments of learned skills garner small rewards, is the basis for the most effective approach used today; still, many were skeptical and questioned his definition of recovery.


Dr. Fein and her team used standardized, widely used measures and found no differences between the group of 34 formerly diagnosed people and a group of 34 matched control subjects who had never had a diagnosis.


“They no longer qualified for the diagnosis,” said Dr. Fein, whose co-authors include researchers from Queens University in Kingston, Ontario; Children’s Hospital of Philadelphia; the Institute of Living in Hartford; and the Child Mind Institute in New York. “I want to stress to parents that it’s a minority of kids who are able to do this, and no one should think they somehow missed the boat if they don’t get this outcome.”


On measures of social and communication skills, the recovered group scored significantly better than 44 peers who had a diagnosis of high-functioning autism or Asperger’s syndrome.


Dr. Fein emphasized the importance of behavioral therapy. “These people did not just grow out of their autism,” she said. “I have been treating children for 40 years and never seen improvements like this unless therapists and parents put in years of work.”


The team plans further research to learn more about those who are able to recover. No one knows which ingredients or therapies are most effective, if any, or if there are patterns of behavior or biological markers that predict such success.


“Some children who do well become quite independent as adults but have significant anxiety and depression and are sometimes suicidal,” said Dr. Fred Volkmar, the director of the Child Study Center at the Yale University School of Medicine. There are no studies of this group, he said.


That, because of the new study, is about to change.


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State of the Art: Imagining Ho-Hum C.E.S. as an Action Movie - State of the Art





Hi boss! I’m back from the Consumer Electronics Show in Las Vegas. You assigned me to report on what’s new and exciting, but I have some bad news. The answer is: almost nothing.




I mean, think about it: Apple, Google, Microsoft and Facebook don’t even attend C.E.S.; they’d rather make their product announcements on their own schedules without being locked into this every-January thing. It’s still a big show, bigger than ever this year, with 3,200 exhibits and 150,000 attendees, but I wonder why people bother. Whose product announcement will get any press at all when it’s buried by 3,199 others?


C.E.S.’s organizers publish a daily magazine during the show that profiles new products announced there. Here are some actual examples: “Braven Expands Bluetooth Speaker Line.” “Armpocket Unveils Smartphone Cases.” “Bits Ltd. Expands Line of Surge Protectors.”


So if you want an exciting column from me, the thrills won’t come from the news of new products at C.E.S. I’ll have to spice things up another way. See what you think of this.


As he plummets toward the Nevada desert, two deafening sounds assail Daxton Blackthorne’s eardrums — the wind rushing past his ears at terminal velocity, and a deafening explosion over his head. Fumbling for his parachute cord, he’s blasted by the searing heat from the fireball that, until seconds ago, was his Cessna Citation.


For now, though, his concern isn’t the air-to-air missile that has just dispatched his jet, courtesy of the Bora Boran Mafia on his tail. It isn’t even the fact that Daxton Blackthorne is all that stands between them and the collapse of American democracy.


It’s finding a good place to land.


There! Squinting in the blinding sun, he spots an enormous chain of low-slung buildings, stretching through the bustling downtown like a sleeping cobra: the Las Vegas Convention Center.


He hits the roof of the South Hall hard — too hard. Keeping low, he scuttles across the gravel to a ventilation shaft and emerges, moments later, in a blasting cacophony of color, sound and electronics.


He hears the crash of boots behind him as his pursuers explode from the same shaft. Got to move, Daxton thinks. Detaching his ’chute, he darts among the booths, dodging clumps of buyers, reporters and electronics executives.


He weaves among the exhibits, barely noting their wares. External battery packs for phones. Car chargers for phones. Screen protectors for phones. Cases for phones.


What is this place? he thinks, pulse pounding.


Booth after booth. GPS units. Tablets. Earbuds. Bluetooth speakers. Phone cases. Row after row of Chinese manufacturers he’s never heard of. Like this one, Huwei, selling the world’s largest Android phone — the thin, shiny Ascend Mate, with a 6.1-inch screen. That’d be like talking into a cutting board, he thinks.


He bursts into the Central Hall, and the sensory overload is immediate; he pauses, gasping, to take it in. TV screens. Thousands. Screens bigger than a man. Screens stacked up to the distant ceiling. Screens brighter and louder than explosives in the morning. Sharp, Sony, Samsung, LG, Toshiba, Panasonic. The bombardment is almost as lethal as the one that took down his Cessna.


Here are OLED screens, with incredibly black blacks, vivid colors and razor-thin bodies; this LG model is only 0.16 inches thick. Panasonic and Sony each claim “the world’s largest OLED screen” — 56-inch prototypes.


Footsteps pound behind him. Too late to run. He’ll blend in. He merges into a throng of eager showgoers.


“Three-D may have been a flop,” a rep is saying. “But this year, the industry is back with an irresistible offering: 4K television. Ultra HD, we call it. You thought HDTV was sharp? Now imagine: four times as many pixels. Stunning picture quality, in stunning screen sizes.”


Daxton figures you’d have to sit pretty darned close to see any difference between HDTV and 4KTV. But never mind that — out of the corner of his eye, Daxton spots the black uniforms of his pursuers, fanning through the crowd. Play along, he thinks. “Excuse me,” he shouts in a faux French accent. “What is there to watch in 4K?”


“Unfortunately, 4K video requires too much data for today’s cable, satellite, broadcast, Blu-ray, or Internet streaming,” is the reply. “But at Sony, we’re leading the way! If you buy our 84-inch 4K television for $25,000, we’ll lend you a hard drive with 10 Sony movies on it — in gorgeous 4K.”


Daxton can think of better uses for $25,000; a jetpack would come in handy right about now. He dives into the crowd. Must. Find. Disguise.


A crowd wearing headsets is gathered before a Samsung TV. That’ll do. He grabs one; it covers both his eyes and his ears.


“You’re seeing a prototype of Samsung’s OLED dual-view technology,” the spokesman says. “This TV can display two 3-D video sources simultaneously, or four regular ones. Imagine: Your children can be playing Xbox while you watch the Super Bowl!” Daxton moves the switch on the earpiece; sure enough, the TV’s image changes accordingly, along with the audio from the tiny earpiece speakers.


But angry shouts in Tahitian are closing in. He bolts through an archipelago of audio booths, hawking celebrity headphones bearing the names of the rapper 50 Cent, the heavy-metal band Motorhead, the runner Usain Bolt, the N.F.L. quarterback Tim Tebow and the TV reality star Snooki. When did Snooki become an audiophile? he wonders.


By the time he storms into the North Hall, his lungs are screaming. He stands, panting, in a broader area populated by gleaming, polished automobiles. Here are Ford and General Motors, announcing new developer programs, open platforms for new apps that will run on their cars’ computer screens. Ford’s Sync AppLink bans games and video apps, for safety reasons. Good thinking, Daxton thinks. Wouldn’t want distracted driving.


Here are Audi and Lexus, announcing self-driving cars. Glancing at the video loop, he notes that the Audi prototype can, at this point, drive itself only through specially equipped parking garages, like the one set up at the Mandarin Oriental for a demonstration.


But on the Lexus stage, he spots something much more enticing: a car, festooned with sensors, that can actually drive itself on regular roads, much like Google’s fleet of 12 autonomous cars.


“California and Nevada have both made self-driving cars legal, with certain restrictions,” the executive on stage says. “And this Lexus LS safety-research vehicle is a pioneer. The 360-degree laser on the roof detects objects up to 230 feet away; the front camera knows if the traffic light is red or green. Side cameras, GPS and radar enhance what could someday be a safe, efficient, road-aware vehicle.”


There’s a burst of commotion from Daxton’s near right. It’s them. He vaults onto the stage. “Love the idea of self-driving cars,” Daxton tells the presenter. “But right now, I need a car I can drive myself.”


A saber blade shatters the air next to his ear. With a burst of adrenaline, he dives through the open window of the Lexus. His assailants push through the crowd and clamber after him, but he’s already powered on the car. Huddling low, he guns the engine and shifts into gear.


As a hail of bullets shatters the rear window, the Lexus arcs off the stage, plows through seven rotating shelves of phone cases, and, in a cloud of plaster and twisted beams, erupts through the wall of the convention center.


With a wry smile, Daxton adjusts his rear-view mirror just in time to see the knot of black-suited Bora Borans shaking their fists in the distance.


He brushes some safety glass off his shoulder, slips on sunglasses, and leans back into the leather seat.


“Now that’s what I call an exciting show,” he says, grinning, and he swings onto the open road for home.


This article has been revised to reflect the following correction:

Correction: January 17, 2013

An earlier version of this article misspelled the name of a Chinese technology company. It is Huawei, not Huwei.



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All Boeing 787 Dreamliner jets in Japan grounded









All 24 of Japan's Boeing 787 Dreamliner passenger jets were grounded for safety checks after one of the planes operated by All Nippon Airways made an emergency landing in western Japan.


Details of the problem were still being checked, ANA spokesman Takuya Taniguchi said Wednesday after the flight to Tokyo from Ube landed at the Takamatsu airport, where NTV television reported passengers had used emergency slides to exit the jet. The airport was temporarily closed.


The plane landed after a cockpit message showed battery problems. It was the latest of a series of problems including a battery fire and a fuel leak on ANA Dreamliners parked at Logan International Airport in Boston last week. No one has been seriously injured in any of the incidents.





Japan's Transport Ministry said the airlines that operate Dreamliners had grounded the planes voluntarily. ANA operates 17 of the jets and Japan Airlines has seven. The Japanese planes represent almost half of the 50 Dreamliners being flown commercially worldwide.


After the Boston incidents, the Federal Aviation Administration launched an unusual "comprehensive safety review of Boeing 787 critical systems," including a sweeping evaluation of the way that Boeing designs, manufactures and assembles the aircraft.


Boeing said it would participate in the review with the FAA and believed the process would bolster the public's confidence in the reliability of the aircraft.


The move came despite an "unprecedented" certification process for the 787 in which FAA technical experts logged 200,000 hours of work over nearly two years and flew on numerous test flights, FAA Administrator Michael Huerta said. There were more than a dozen new special conditions developed during the certification because of the Dreamliner's innovative design.


Certification of the Dreamliner was completed Aug. 25, 2011, and the first plane was delivered to All Nippon Airways a month later. It was more than three years late because of design problems and supplier issues.


The Dreamliner, a twin-aisle aircraft that can seat 210 to 290 passengers, is the first large commercial jet with more than half its structure made of composite materials (carbon fibers meshed together with epoxy) rather than aluminum sheets. Another innovative application is the change from hydraulically actuated systems typically found on passenger jets to electrically powered systems involving lithium ion batteries.


Times staff writers W.J. Hennigan in Los Angeles and David Pierson in Shanghai contributed to this report.





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Apple scoops PBS on “Downton Abbey” episodes, but PBS is cool with it






NEW YORK (TheWrap.com) – Apple is making the entire third season of “Downton Abbey” available on iTunes before every episode airs on PBS – and that’s just fine with PBS.


Fans who buy a season pass on iTunes beginning January 29 will get to see three episodes before they air on PBS. The Season 3 finale airs February 17.






But PBS CEO Paula Kerger isn’t worried that viewers will watch the show online, then tune out PBS. In fact, she says, Apple isn’t the only place Americans can see “Downton” before they can see it on her network.


“You can also buy the DVD sets. They’re being shipped at the end of January, and the DVD sets and Apple are going up at the same time,” Kerger told TheWrap. “I think that for people who are really passionate and want to have it, it’s a great thing.”


Kerger says she hopes more viewers will discover “Downton” on whatever format they like best – and then watch it on PBS next season.


“At the end of the day, my interest is just in seeing it get to the widest possible audience, and there are people that would pick it up on Apple that may not pick it up anywhere else,” she said.


The first episode of the third season premiered to a record 7.9 million viewers earlier this month. Many of those viewers, no doubt, caught up on the previous seasons online or through DVD viewing.


“Downton” airs in the U.K. in the fall but on PBS in January, which means PBS viewers must shield themselves from spoilers. That has led to some grumbling from American fans.


But Kerger said airing the show in January allows the show to get more attention domestically than it might otherwise receive in the crowded fall season.


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Japanese filmmaker Nagisa Oshima dies aged 80






(Reuters) – Japanese film director Nagisa Oshima, best known for the sexually explicit film “In the Realm of the Senses” and “Merry Christmas, Mr. Lawrence“, has died from pneumonia, aged 80.


The Hollywood Reporter said Oshima died on Tuesday in Fujisawa, south of Tokyo, where he had been living since retiring from making movies.






The British Film Institute described Oshima as one of the major directors of the new wave of Japanese cinema in the 1960s whose politically charged films contrasted starkly with the stylistic conservatism of classical Japanese filmmaking.


A law graduate, he began his filmmaking career at the age of 26 with the 1959 movie “A Town of Love and Hope”.


But his international notoriety was ensured in 1976 with “In the Realm of the Senses,” a graphic portrayal of insatiable sexual desire between a hotel owner and one of his maids in 1930s Japan.


The film contained scenes of unsimulated sexual activity and had to be registered as a French production to bypass Japanese censorship laws. Its uncensored version remains unavailable in Japan.


Oshima won the best director award at the Cannes Film Festival in 1978 for his film “Empire of Passion,” another erotic tale.


He teamed up with British actor/singer David Bowie on the 1983 film “Merry Christmas, Mr. Lawrence,” based on author Laurens van der Post’s experiences as a prisoner of war in Japan during World War Two.


Oshima suffered a stroke in 1996 but recovered enough to return briefly to filmmaking, making his final film “Taboo” in 1999, a movie about gay samurai.


(Reporting by Belinda Goldsmith, editing by Jill Serjeant and Cynthia Osterman)


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Well: Boosting Your Flu Shot Response

Phys Ed

Gretchen Reynolds on the science of fitness.

As this year’s influenza season continues to take its toll, those procrastinators now hurrying to get a flu shot might wish to know that exercise may amplify the flu vaccine’s effect. And for maximal potency, the exercise should be undertaken at the right time and involve the right dosage of sweat, according to several recent reports.

Flu shots are one of the best ways to lessen the risk of catching the disease. But they are not foolproof. By most estimates, the yearly flu vaccine blocks infection 50 to 70 percent of the time, meaning that some of those being inoculated gain little protection. The more antibodies someone develops, the better their protection against the flu, generally speaking. But for some reason, some people’s immune systems produce fewer antibodies to the influenza virus than others’ do.

Being physically fit has been found in many studies to improve immunity in general and vaccine response in particular. In one notable 2009 experiment, sedentary, elderly adults, a group whose immune systems typically respond weakly to the flu vaccine, began programs of either brisk walking or a balance and stretching routine. After 10 months, the walkers had significantly improved their aerobic fitness and, after receiving flu shots, displayed higher average influenza antibody counts 20 weeks after a flu vaccine than the group who had stretched.

But that experiment involved almost a year of dedicated exercise training, a prospect that is daunting to some people and, in practical terms, not helpful for those who have entered this flu season unfit.

So scientists have begun to wonder whether a single, well-calibrated bout of exercise might similarly strengthen the vaccine’s potency.

To find out, researchers at Iowa State University in Ames recently had young, healthy volunteers, most of them college students, head out for a moderately paced 90-minute jog or bike ride 15 minutes after receiving their flu shot. Other volunteers sat quietly for 90 minutes after their shot. Then the researchers checked for blood levels of influenza antibodies a month later.

Those volunteers who had exercised after being inoculated, it turned out, exhibited “nearly double the antibody response” of the sedentary group, said Marian Kohut, a professor of kinesiology at Iowa State who oversaw the study, which is being prepared for publication. They also had higher blood levels of certain immune system cells that help the body fight off infection.

To test how much exercise really is required, Dr. Kohut and Justus Hallam, a graduate student in her lab, subsequently repeated the study with lab mice. Some of the mice exercised for 90 minutes on a running wheel, while others ran for either half as much time (45 minutes) or twice as much (3 hours) after receiving a flu shot.

Four weeks later, those animals that, like the students, had exercised moderately for 90 minutes displayed the most robust antibody response. The animals that had run for three hours had fewer antibodies; presumably, exercising for too long can dampen the immune response. Interestingly, those that had run for 45 minutes also had a less robust response. “The 90-minute time point appears to be optimal,” Dr. Kohut says.

Unless, that is, you work out before you are inoculated, another set of studies intimates, and use a dumbbell. In those studies, undertaken at the University of Birmingham in England, healthy, adult volunteers lifted weights for 20 minutes several hours before they were scheduled to receive a flu shot, focusing on the arm that would be injected. Specifically, they completed multiple sets of biceps curls and side arm raises, employing a weight that was 85 percent of the maximum they could lift once. Another group did not exercise before their shot.

After four weeks, the researchers checked for influenza antibodies. They found that those who had exercised before the shot generally displayed higher antibody levels, although the effect was muted among the men, who, as a group, had responded to that year’s flu vaccine more robustly than the women had.

Over all, “we think that exercise can help vaccine response by activating parts of the immune system,” said Kate Edwards, now a lecturer at the University of Sydney, and co-author of the weight-training study.

With the biceps curls, she continued, the exercises probably induced inflammation in the arm muscles, which may have primed the immune response there.

As for 90 minutes of jogging or cycling after the shot, it probably sped blood circulation and pumped the vaccine away from the injection site and to other parts of the body, Dr. Kohut said. The exercise probably also goosed the body’s overall immune system, she said, which, in turn, helped exaggerate the vaccine’s effect.

But, she cautions, data about exercise and flu vaccines is incomplete. It is not clear, for instance, whether there is any advantage to exercising before the shot instead of afterward, or vice versa; or whether doing both might provoke the greatest response – or, alternatively, be too much and weaken response.

So for now, she says, the best course of action is to get a flu shot, since any degree of protection is better than none, and, if you can, also schedule a visit to the gym that same day. If nothing else, spending 90 minutes on a stationary bike will make any small twinges in your arm from the shot itself seem pretty insignificant.

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Rights Group Reports on Abuses of Surveillance and Censorship Technology





A Canadian human rights monitoring group has documented the use of American-made Internet surveillance and censorship technology by more than a dozen governments, some with harsh human rights policies like Syria, China and Saudi Arabia.







Jakub Dalek of the Munk School of Global Affairs.







Thor Swift for The New York Times

Morgan Marquis-Boire led the research with Mr. Dalek.






The Citizen Lab Internet research group, based at the Munk School of Global Affairs at the University of Toronto, used computer servers to scan for the distinctive signature of gear made by Blue Coat Systems of Sunnyvale, Calif.


It determined that Egypt, Kuwait, Qatar, Saudi Arabia and the United Arab Republic employed a Blue Coat system that could be used for digital censorship. The group also determined that Bahrain, China, India, Indonesia, Iraq, Kenya, Kuwait, Lebanon, Malaysia, Nigeria, Qatar, Russia, Saudi Arabia, South Korea, Singapore, Thailand, Turkey and Venezuela used equipment that could be used for surveillance and tracking.


The authors said they wanted to alert the public that there was a growing amount of surveillance and content-filtering technology distributed throughout the Internet. The technology is not restricted from export by the State Department, except to countries that are on embargo lists, like Syria, Iran and North Korea.


“Our findings support the need for national and international scrutiny of the country Blue Coat implementations we have identified, and a closer look at the global proliferation of dual-use information and communications technology,” the group noted. “We hope Blue Coat will take this as an opportunity to explain their due diligence process to ensure that their devices are not used in ways that violate human rights.”


A spokesman for Blue Coat Systems said the firm had not seen the final report and was not prepared to comment.


In 2011, several groups, including Telecomix and Citizen Labs, raised concerns that Blue Coat products were being used to find and track opponents of the Syrian government. The company initially denied that its equipment had been sold to Syria, which is subject to United States trade sanctions.


Shortly afterward, Blue Coat reversed itself and acknowledged that the systems were indeed in Syria, but it said that the devices had been shipped to a distributor in Dubai, and said that it thought that they had been destined for the Iraqi Ministry of Communications.


The Citizen Lab research project was led by Morgan Marquis-Boire and Jakub Dalek. Mr. Marquis-Boire, a Google software engineer, has during the last year been involved in a variety of research projects aimed at exposing surveillance tools used by authoritarian regimes. He said that he carefully segregated his work at Google from his human rights research.


Last year, Mr. Marquis-Boire used computer servers to identify the use of an intelligence-oriented surveillance software program, called FinSpy, which was being used by Bahrain to track opposition activists.


On a hunch last month, the researchers used the Shodan search engine, a specialized Internet tool intended to help identify computers and software services that were connected to the Internet. They were able to identify a number of the Blue Coat systems that are used for content filtering and for “deep packet inspection,” a widely used technology for detecting and controlling digital content as it travels through the Internet.


The researchers stressed that they were aware that there were both benign and harmful uses for the Blue Coat products identified as ProxySG, which functions as a Web filter, and a second system, PacketShaper, which can detect about 600 Web applications and can be used to control undesirable Web traffic.


“I’m not trying to completely demonize this technology,” Mr. Marquis-Boire said.


The researchers also noted that the equipment does not directly fall under the dual-use distinction employed by the United States government to control the sale of equipment that has both military and civilian applications, but it can be used for both political and intelligence applications by authoritarian governments.


“Syria is subject to U.S. export sanctions,” said Sarah McKune, a senior researcher at the Citizen Lab. “When it comes to other countries that aren’t subject to U.S. sanctions it’s a more difficult situation. There could still be significant human rights impact.”


The researchers also noted that a large number of American and foreign companies supplied similar gear in what Gartner, the market research firm, described as a $1.02 billion market in a report issued in May 2012.


The researchers said that some American security technology companies, like Websense, had taken strong human rights stands, but had declined to grapple with the issue of the possible misuse of the technology.


This article has been revised to reflect the following correction:

Correction: January 16, 2013

An earlier version of this article misspelled the surname of a senior researcher at the Citizen Lab Internet research group. She is Sarah McKune, not McCune.



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