Thursday, October 31, 2013

Prosecutor reviewing facts in Georgia gym mat death


MACON, Ga. (AP) — A federal prosecutor said Thursday that he is conducting a formal review of facts and evidence in the death of a teenager whose body was found inside a rolled-up wrestling mat in his high school gym.

U.S. Attorney Michael Moore said that if he uncovers sufficient evidence to warrant a criminal civil rights investigation into the death of Kendrick Johnson he will ask the FBI to conduct it.

"I will follow the facts wherever they lead. My objective is to discover the truth," Moore said.

Moore said he's reviewing a previous investigation by a sheriff's office and two autopsies done on Johnson, along with photos, videos and other evidence and information. He said he's met with investigators and the attorneys for Johnson's family.

"I am committed to doing everything in my power to answer the questions that exist in this case, or as many of them as we can," Moore said.

The 17-year-old's body was found Jan. 11 stuck in an upright mat in the school gym after his parents reported him missing the night before. Lowndes County sheriff's investigators concluded Johnson died in a freak accident, but his family insists that someone must have killed him.

David S. Weinstein, a formal federal prosecutor now in private practice in Miami, said it's relatively unusual for federal authorities to go in and review an investigation once a local jurisdiction has closed it.

"There must be something in the information that was provided to him that led him to believe he needed to take another look at it," he said of Moore. "There must have been something that didn't pass the smell test."

Federal jurisdiction is relatively limited and federal authorities will only be able to open a criminal civil rights investigation if they find evidence that a law enforcement officer or someone acting as a law enforcement officer was involved in wrongdoing in the case. If they find, for example, that another person was responsible for a cover-up in the case, they would have to refer that evidence to local authorities to pursue, Weinstein said.

A southern Georgia judge on Wednesday ordered authorities to release all surveillance video that investigators reviewed. Johnson's father said after that ruling that he hoped the footage would contain clues about how he died.

Sheriff Chris Prine had previously released surveillance footage that showed Johnson entering the school gym the afternoon before his body was found. No one appeared to follow him inside.

Johnson's parents wanted to see video from the gym from the hours before their son entered until his body was discovered the next day. The sheriff had declined to release the footage without a court order because it shows other minor students who could be identified.

Johnson's body was stuck upside down in the middle of a wrestling mat that had been rolled up and propped upright behind bleachers.

The sheriff has said he suspects Johnson became trapped trying to retrieve a shoe that fell into the center of the large, rolled mat. A Georgia Bureau of Investigation medical examiner concluded that he died from positional asphyxia, meaning his body got stuck in a position in which he couldn't breathe.

Johnson's family had his body exhumed over the summer so they could get a second opinion from a private pathologist. Dr. William R. Anderson issued a report in August saying he detected hemorrhaging on the right side of Johnson's neck. He concluded the teenager died from blunt force trauma near his carotid artery and that the fatal blow appeared to be non-accidental. A lawyer for Johnson's parents filed court papers last week requesting that a judge order Lowndes County Coroner Bill Watson to hold a coroner's inquest after Watson declined the family's request to do so.

An attorney for Johnson's parents said in September that the autopsy's findings had been sent to local authorities and to Moore, as well as to the Civil Rights Division of the Justice Department.

The Georgia Bureau of Investigation has said it stands by the findings of the initial autopsy. The Justice Department said at the time that it had reviewed the state investigation file and didn't see "sufficient indication of a civil rights violation to authorize a civil rights investigation." But the Justice Department did say it was working with Moore and that his office was monitoring and evaluating the situation.

___

Associated Press writer Ray Henry in Atlanta contributed to this report.

Source: http://news.yahoo.com/prosecutor-reviewing-facts-ga-gym-mat-death-171837482.html
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UK's top court: OK for hospital to stop treatment

(AP) — Britain's highest court has ruled in favor of a hospital that gained court approval to withhold treatment from a terminally ill man despite the family's opposition.

In a unanimous judgment handed down on Wednesday, the Supreme Court ruled that the Court of Appeal was correct in allowing Aintree University Hospital in Liverpool to withhold treatment from David James, 68, who suffered colon cancer, organ failure and a stroke, among other problems.

James' doctors estimated he had a 1 percent chance of survival and applied to the Court of Protection for a legal declaration allowing it to discontinue some types of treatment, like restarting his heart if it stopped and a kidney replacement therapy. The court rejected the application on Dec. 6, but 15 days later the Court of Appeal reversed the decision. By that time, James' condition had worsened, and he died on Dec. 31.

Until his death, James had been dependent on a breathing machine, had a tube to provide him with basic nutrition and hydration. His doctors said "daily care tasks" caused him pain and suffering.

James' family argued that his care should have continued.

The Supreme Court judges concluded that where treatment is futile, "it would be in the best interests of the patient to withdraw or withhold life-sustaining treatment," even if this results in the patient's death.

James' family said they believed he would have wanted to continue being treated and that he had not reached the point where treatment was hopeless. But lawyers for the hospital said James had severe physical and neurological damage, was steadily deteriorating and that further invasive treatments would put him at greater risk.

"When you can't consent, the law says we only treat you when it's in your best interests," said Penney Lewis, a professor and medical law expert at King's College London. She said British courts have previously ruled that preserving life is not always in the patient's best interests and that judges must weigh whether treatment would have any benefit for the patient, even if it doesn't cure them.

Though some treatments which result in minimal improvement might be considered worthy for some patients, such as those in intensive care, Lewis said that criterion wasn't met in James' case by the time the case went to the Court of Appeal, which ruled he had no chance of improving.

"The time had indeed come when it was no longer premature to say that it would not be in his best interests to attempt to restart his heart should it stop beating," the judges wrote in their decision.

Associated PressSource: http://hosted2.ap.org/APDEFAULT/bbd825583c8542898e6fa7d440b9febc/Article_2013-10-30-Britain%20Withholding%20Treatment/id-9324dc3d0a564d3fab21d3394533d8a5
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Morning Report: Tito Ortiz plans on returning to training six weeks after fracturing neck


Forced to pull out of Bellator's inaugural Pay-Per-View event after fracturing his neck last week, Tito Ortiz says he plans on returning to action sooner than some believed possible.


"Ppl I will have 100% recovery & will be back n the gym in 6 weeks," Ortiz posted to Twitter. "I'm a fighter & I love competition. I was doing great n training but accident do happen. Just time to reshuffle the deck & deal another hand. #positiveminded"


Ortiz, of course, was originally slated to face fellow former UFC light heavyweight champion Quinton Jackson in the main event at Bellator 106 on Nov. 2, the promotion's first foray in PPV. With Tito removed, Jackson was shifted to a later card where he'll face former UFC heavyweight Joey Beltran. Bellator 106, no longer a PPV, will now be headlined by the lightweight title rematch between champion Michael Chandler and Eddie Alvarez.


At 38, Ortiz has had a trying past few years. With just a single win in nine tries dating back to 2006, many are left wondering what would be left to prove.


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5 MUST-READ STORIES


Machida-Belfort. Lyoto Machida says he wants Vitor Belfort next, but his management doesn't think Belfort's camp want any part of it. "Even if Vitor loses to Dan Henderson, I'd want to fight him in our weight class."


Reebok and Hendricks. Landing a sponsorship deal with Reebok, Johny Hendricks will be the first to sport the brand inside the Octagon.


PPV numbers. Dave Meltzer takes a look at why UFC 165 and UFC 166 may not have reached expectations. "Today it's very clear that big personalities who can fight reasonably well trump even the combination of skill, size and fighting ability at the highest level, and even heaviest level, when it comes to what gets people to spend their money."


20 in 20. Chuck Mindenhall's series reaches 2011, where the year's best action all took place on one night in two different shows.


Chat wrap. Make sure to catch up on the latest MMA buzz during Luke Thomas' weekly live chat.


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MEDIA STEW


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Pre-fight interviews with Georges St-Pierre and Johny Hendricks.




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Free fight: Georges St-Pierre vs. Matt Hughes II.



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Eddie Alvarez prepares for Michael Chandler.



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Ross Pearson talks the stoppage.



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Marina Shafir nails Uriah Hall in the stomach.



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Pros pick GSP vs. Hendricks.



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Peggy Morgan vs. Sarah Moras.



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Amputee and Soldier Joshua Rector wins his MMA debut.



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Bonus flying armbar.



(HT to Bloody Elbow)


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TWEETS


So, Twitter decided not to cooperate last night and for some reason refused to let me embed tweets. I'll try to get it sorted ASAP. Sorry for the screen grabs.


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Gentle Ben.


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Grice doing well.


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Eddie in good shape.


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Mayhem in the gym.


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TUF night (?)


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FIGHT ANNOUNCEMENTS


Announced yesterday (Oct. 30 2013)


Quinton Jackson vs. Joey Beltran at Bellator 108


cancelled Johnny Eduardo vs. Lucas Martins at UFC Fight Night 32


Zak Cummings out, Sean Spencer vs. Sergio Moraes at TUF 18 Finale


canceled Alexandra Albu vs. Julie Kedzie at UFC Fight Night 33


Rick Glenn vs. Georgi Karakhanyan at WSOF 7


Peter Graham vs. Cheick Kongo at Bellator 107


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FANPOST OF THE DAY



Today's Fanpost of the Day comes via heavyfl0w.


MMA's Scariest Situations: A Halloween Themed Article (Perhaps?)



Halloween is my least favorite holiday, and I don't know what would come in second. This is an odd way to start an article about being scared, true. But I detest it. I think it brings out the worst in people, especially in regards to the whole trick-or-treat culture. You have kids running full speed in the dark and shoving other kids out of the way to get first dibs on the prime candy spots; you have lazy, absentee parents "taking" their kids trick-or-treating (when all they're doing is inching up the street in their cars, making it impossible to drive); worst of all, you have people pretending to be someone else and pretending to scare other people, which is an affront to all those special folks doing those things for real the other 364 days of the year. It's kind of like New Years Eve, where all those non-drinkers have a few whiskey sours and end up passed out in their neighbors flower bed singing "Bennie and the Jets" and vomiting at the same time. Simply put, it's amateur hour.


That being said, I'm trying to get into the spirit, because I have children in my life. You don't want to be an ogre, because that energy rubs off on kids. Since I can't figure out how to transition from opining on Halloween to opining on things about MMA that would scare the shit out of me if I was forced to experience them ... well, here are some things about MMA that would scare the shit out of me if I was forced to experience them.


Getting into a leglock battle with a Japanese guy.


One of the most important adages in life, "never play footsies with a Japanese guy" is right up there with "never play cards with anyone who has the same first name as a city". It's just a bad idea. You're scrambling, you think you have something, and next thing you know, you're tapping rapidly. Actually, I just thought of a better one ...



Check out the rest of the post here.


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Found something you'd like to see in the Morning Report? Just hit me up on Twitter @SaintMMA and we'll include it in tomorrow's column.


Source: http://www.mmafighting.com/2013/10/31/5047436/morning-report-tito-ortiz-rampage-jackson-bellator-106-ufc-dana-white-machida-belfort-mma-news
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Monday Morning Political Mix: Obamacare Site Hits Another Snag





President Obama, German Chancellor Angela Merkel and Australian Foreign Minister Bob Carr in Russia in September in happier times before revelations that the NSA electronically eavesdropped on U.S. allies.



Ivan Sekretarev/AP


President Obama, German Chancellor Angela Merkel and Australian Foreign Minister Bob Carr in Russia in September in happier times before revelations that the NSA electronically eavesdropped on U.S. allies.


Ivan Sekretarev/AP


Good morning, fellow political junkies.


It's the last week of October. That means the administration has just a month to meet its self-imposed deadline to have the Affordable Care Act website running as efficiently as it and millions of Americans had originally envisioned.


But the first item in our Monday political mix of some of the more interesting items indicates why setting such a deadline might be easier than meeting it.


  • The part of the Affordable Care Act's back-star-crossed office technology that was thought to be working well experienced problems Sunday reports Reuters' David Morgan and Sharon Begley.

  • President Obama apparently didn't know until this summer that the NSA was electronically eavesdropping on leaders of U.S. allies but ordered a halt to that spying once he learned of it, The Wall Street Journal's Siobhan Gorman and Adam Entous report.

  • Budget negotiations between the Democratic-controlled Senate and Republican-led House start this week with low expectations for the sides to reach any significant deficit-reduction agreement since they're so far apart on entitlement cuts and tax increases. The National Journal's Billy House compares the competing budget proposals.

  • Who knew? The Pentagon has a 92-year old futurist nicknamed "Yoda" who runs a Defense Department outfit whose value to the nation is hard for outsiders to determine because it's output is so classified. In a delicious Washington irony, it's difficult for budget cutters to assess the Office of Net Assessment for sequester purposes. Yoda and his operations also have heavy duty political support, the Washington Post's Craig Whitlock reports.

  • More than half the economists surveyed by USA Today said the federal government's partial shutdown hurt economic growth to the point where they are significantly adjusting downward their economic growth forecasts for the next two quarters, report Paul Davidson and Barbara Hansen.

  • A year after Superstorm Sandy destroyed and damaged tens of thousands of coastal homes and businesses in New Jersey and New York, rebuilding is uneven, reports NPR's Joel Rose on Morning Edition. Meanwhile, the high costs of insurance and reconstruction have led to wealthier buyers snatching up properties that once belonged to middle class families, reports The Wall Street Journal's Josh Dawsey.

  • In polling is accurate, Democrat Bill De Blasio, an unabashed liberal, appears poised to win the New York City mayoral election by the widest margin for a non-incumbent since 1973 the New York Times' David W. Chen and Megan Thee-Brenan report.

  • Vice President Biden, political animal that he is, appears to be reveling in his key role in the effort to recruit Democrats to run for Congress, reports Politico's Edward-Isaac Dovere. Not only does Biden help the party in its uphill battle to retake the House but he gets to reenergize connections in states that could be important to him if he decides to run for president.

Source: http://www.npr.org/blogs/itsallpolitics/2013/10/28/241342643/monday-political-mix-obamacare-site-hit-with-another-snag?ft=1&f=1001
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Sean Combs' Revolt TV: Puff Daddy Magic?


Hip-hop mogul Sean Combs has launched his own channel for cable. Revolt TV aims to bring a new generation - and its love of social media - to music television. Guest host Celeste Headlee discusses the venture with NPR television correspondent and critic Eric Deggans.


Source: http://www.npr.org/templates/story/story.php?storyId=241385370&ft=1&f=1039
Category: national coffee day   liberace   USA vs Costa Rica   Pain and Gain   Beyonce Haircut  

Contractor warned health site had limited testing

WASHINGTON (AP) — A major contractor behind the federal health insurance exchange website told the government last month it didn't have enough time to test its product.

CGI Federal also told the Centers for Medicare and Medicaid Services in a memo that it couldn't get access to computer logs that would have pinpointed potential problems. The contractor labeled that issue as "severe" as recently as June, and said a compressed schedule didn't allow enough time for adequate testing.

The House Committee on Oversight and Government Reform asked CGI Federal for the documents last week. It released them to the public late Tuesday.

The HealthCare.gov website is a key part of President Barack Obama's health care overhaul, but its high-profile failures have marred the site since it launched Oct. 1.

Associated PressSource: http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2013-10-30-Health%20Overhaul-Problems-Warning/id-717dca321952439ab08f89710967a615
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Apple plays defense and offense with free software, upgrade strategies


Apple's decision to give away OS X upgrades and other software, including the iWork productivity suite, stemmed from both offensive and defensive strategies, analysts said today.


And it puts the ball in Microsoft's court for a response.


[ Also on InfoWorld: The must-have iPad office apps, round 7. | Get the latest insight on the tech news that matters from InfoWorld's Tech Watch blog. ]


"Apple's concerned about the enterprise and Windows 8, where software selection is still largely in the hands of IT managers," said Carolina Milanesi of Gartner. "Apple wants to keep its sweet spot in the enterprise, and counter moves by Microsoft to try and slow the iPad influx there."


Those moves by Microsoft include the Redmond, Wash., company's Surface tablet push, an aggressive pitch that the devices make more productive tools for business than the iPad, and the bundling of a scaled-back version of Office with the Surface 2, the $499 tablet that runs Windows RT.


"It's defensive in that respect," said Milanesi of free iWork with new iPads and iPhones, "to get users to be more engaged with their devices."


Apple's banking on the continued trend of BYOD, for "bring your own device," the shift toward employees making hardware choices for themselves rather than letting centralized IT decide what they use. By putting iWork on every new device, Apple's strategy is to garner grassroots support from their customers, who ideally will not only continue to purchase Apple hardware, but also tell their IT departments that Microsoft's Office suite isn't required on every device.


Office on every device is Microsoft's past-present-and-future strategy, best evidenced by Office 365, a subscription that lets businesses and consumers put Office on up to five mobile devices and five PCs or Macs assigned to an employee or owned by a family.


Anything Apple can do to disrupt Microsoft's business model, Cupertino will count as a win, said Patrick Moorhead, principal analyst with Moor Insights & Strategy. "It's an opportune time to catch Microsoft off-base. Apple would like to disrupt [Microsoft] before it gets to a more service-oriented model," said Moorhead, who saw Apple's free software push as an offense-minded, long-term strategy.


From his perspective, Apple is leveraging the trend toward free in mobile, where operating system updates are free and apps are, if not free, either start out that way -- with in-app purchases driving revenue -- or come at low cost.


"Apple's turned to the mobile phenomena, where the expectation is that software is basically free," said Moorhead. "Microsoft currently charges for major [OS] upgrades, but over the long term, that's going to make Microsoft's business model look odd and strange and expensive."


Perception is everything, Moorhead stressed. If consumers and businesses are constantly reminded that Apple provides free software, free services and free upgrades, eventually that will sink in, and make those same people wonder why Microsoft is asking for payment, even if, as he and Milanesi quickly acknowledged, iWork is not Microsoft Office.


"PC software and services like Windows upgrades and Office will continue to look more expensive year after year," Moorhead said in a piece published on Techpinions.com last week.


Source: http://podcasts.infoworld.com/d/applications/apple-plays-defense-and-offense-free-software-upgrade-strategies-229661?source=rss_applications
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