Thursday, September 29, 2011

Learning From Jay-Z's Successes -- And Failures (BLOG)

Six years ago, Shawn “Jay-Z” Carter found himself on the verge of finalizing one of the biggest deals of his life. The prize: A Jay-Z branded Jeep Commander that would roll off the lot boasting an audio system preloaded with all of Jay-Z’s songs, an interior swathed in butter-cream leather and an exterior slathered in a coat of patented Jay-Z Blue paint. For his efforts, the rapper would receive a 5-10% royalty on each $50,000 vehicle sold.

The Jay-Z Jeep would have been a multimillion-dollar bonanza had it ever hit the streets, but it fell through at the last minute. Through no fault of Jay-Z’s, a change of management at Jeep parent Chrysler iced the plans (the episode wasn’t reported until I stumbled upon it while reporting my new Jay-Z biography, Empire State of Mind). Those close to the negotiations say that the situation turned into a fiasco of epic proportions.

“That deal was the most [screwed]-up deal that I’ve ever seen or heard of,” says Michael “Serch” Berrin, the rapper-turned businessman who helped put together the Jay-Z Jeep proposal. “I came to Jay with the automobile industry in my back pocket to do a Shawn Carter edition vehicle that he approved, only to have the automobile industry basically shoot it down for fear that he was a bigger star than the car.”

Though Jay-Z is a perennial hip-hop Cash King, the eponymous Jeep is one of many deals crowding his entrepreneurial wastepaper basket. But listen to some of his work and you might get the impression that he’s never made a misstep in his life. He utters the phrase “I will not lose” in at least three different songs and constantly peppers himself with godlike monikers “Jay-Hova,” “Hova,” and “God MC” throughout his oeuvre.

In many ways, though, Jay-Z’s failures are more instructive than his successes, especially for people who aren’t lucky enough to be famous rappers. Take the Jeep deal. Two years after talks with Chrysler fell apart, rival General Motors hosted a gaudy gala in a gigantic tent on the shores of the Detroit River. A procession of celebrities, including Carmen Electra and Christian Slater, escorted new vehicles down a brightly lit runway. But the star of the show was the man who emerged from a blue GMC Yukon—none other than Jay-Z. For his efforts, sources told me, Jay-Z received a seven-figure sum.

Though the evening’s events suggested a Jay-Z Yukon might have been in the works, that vehicle never emerged, either. It seems Jay-Z was mostly interested in promoting the truck’s Jay-Z Blue paint and receiving a hefty payout. To be sure, that sum was a lot less than what he could have gotten had the Jay-Z Jeep ever come to fruition. But as Warren Buffett says, “Should you find yourself in a chronically leaking boat, energy devoted to changing vessels is likely to be more productive than energy devoted to patching leaks.”

Jay-Z took that advice, which resonates for many people across a spectrum of situations, from workplace drama to relationship problems to actual vehicle trouble. Like many successful people, his time is simply too valuable to waste on a troubled situation, even if the payoff could be huge.

Another lesson from the Jeep episode: Don’t publicize your failures. By all means, tell your significant other, tell your best friend, tell your shrink. But don’t make a scene every time something goes wrong, or people may start to judge you as harshly as you judge yourself. Jay-Z’s invincible aura, both as a musician and a businessman, has been cultivated through constant emphasis on victory—and by sweeping under the rug anything with an unsavory result.

To the aspiring entrepreneur, there’s something heartening in knowing that even Jay-Z doesn’t get it right every time. Sure, he’s got the fame, the money and the girl (and soon, the baby), but he’s taken his lumps like everybody else. That might be even more inspirational than his success—and Jay-Z probably knows it. But publicizing his defeats just doesn’t work for his image.

Besides, “I will not lose” just has a better ring to it than “I might lose sometimes, and though it’s not necessarily my fault, it’s a lot more instructive than when I win, which is what usually happens these days.”

Facebook Keeps A History Of Everyone Who Has Ever Poked You, Along With A Lot Of Other Data (BLOG)

Across the pond, European law grants citizens a “right to access,” meaning that companies have to provide a person with all of the personal data they have on them if they request it. An Austrian-based group called Europe v. Facebook has posted a couple of the reports compiled by the social networking giant everyone loves (and loves to hate).


Facebook doesn't forget pokes

Most of you probably know that Facebook knows a lot about you. But did you know that if you were to print it out, it might take up about 880 pages? I went through one of the lengthy dossiers from Europe v. Facebook. Here are the juicy bits for a female Facebook user with the initials ‘L.B.’ who has been a member of the site since 2007:


Facebook keeps track of every person who has ever poked you. Facebook user L.B. has been poked over 50 times from 2008 through 2011 (K.D. was a frequent poker in 2008, though a user by the initials T.V. is currently the pokiest of L.B.’s friends).


Facebook keeps track of the devices associated with your account
The report includes a list of the machines that L.B. has used Facebook from, how often she has signed in from the machine, as well as a list of all the other Facebookers who have logged in on that machine. As pointed out recently by blogger Nik Cubrilovic, Facebook leaves cookies on computers that have the ability to track users even when they’re logged out of Facebook. Facebook now plans to scale back that cookie use, but it still will want information about who’s signing in on which machines to thwart hackers, block spammers, and know which computers are in Internet cafes, for example. Given the hundreds of millions of users the company has, “Facebook is pretty much indexing all computers worldwide,” says Max Schrems of Europe v. Facebook.
Facebook keeps track of every event you’ve ever been invited to, and how you responded to the invitation. L.B. has attended about 29 events since 2009, has declined nine invitations since 2010, and has failed to RSVP at all to about 75 events dating back to 2007 (how rude!). The inviter, location and name of the events have been blacked out on the report posted to Europe v. Facebook’s site for privacy reasons.


A list of exes?
Facebook keeps track of everyone you defriended and when. As some have pointed out, the Facebook Timeline will also expose this information to anyone who’s interested. L.B. has removed over a dozen of her friends over the years. The Facebook report also includes a list of friend requests that L.B. rejected.
Facebook includes a history of messages and chats in the report.Europe v. Facebook says that some users say their reports include messages they’ve deleted.

If you want to see all 880 glorious pages yourself, you can download the filehere [pdf]. It also includes things you’d expect, like a list of all of L.B.’s friends and personal information from her profile page.

(What I was surprised not to see here was a list of the things that L.B. had looked at and/or clicked, such as other peoples’ profile pages, photos, or status updates. As we have seen before, that is something Facebook knows about its users. Update, Sept. 28: While “real-time activities” are missing from L.B.’s report, you will see them in another report on the site, for M.S.)

So, just keep this in mind next time you’re on Facebook. All your pokes are going into a permanent record.

European users can request their information with this Facebook form(instructions here). Max Schrems of Europe v. Facebook put his request in to Facebook’s Ireland office and says it took the company about 30 days to send his report, and that it arrived on a C.D. from California.

One thing that I found a bit concerning about the process is that it only requires a photo of your government i.d., your name, and birthdate to confirm your identity. Given how easy it is to get one’s hands on someone else’s ID (say if you’re dating someone and s/he leaves a wallet about your house), I could imagine some scenarios in which this process could be abused.

Microsoft Is Said to Add Comcast, Verizon Pay TV to Xbox Live (BLOG)

Microsoft Corp. plans to offer online pay television service fromComcast Corp. (CMCSA) and Verizon Communications Inc. (VZ)through Xbox Live, in an bid to channel more entertainment to its video-game console, people with knowledge of the situation said.

Microsoft, based in Redmond, Washington, is in talks with almost two dozen providers of music, sports, movies and TV shows in the U.S. and Europe, and may announce an expanded Xbox Live streaming service as soon as next week, said one of the people, who weren’t authorized to speak publicly.

Chief Executive Officer Steve Ballmer is promoting the Xbox 360 console as a way to switch easily between games, DVDs and pay TV. He said on Sept. 14 that by Christmas, Microsoft will add the Bing search engine to the Xbox and use its Kinect controller’s voice recognition to sift through shows on the Web.

“We all know the frustrations of using guides and menus and controllers, and we think a better way to do all of this is simply to bring Bing and voice to Xbox,” Ballmer said at a developers conference. “You say it, Xbox finds it.”

Microsoft also expects to sign deals with Time Warner Inc. (TWX)’s HBO cable channel, Sony Pictures Entertainment’s Crackle streaming service, NBC Universal’s Bravo and Syfy channels and Lovefilm UK, a subsidiary of Amazon.com Inc. (AMZN), the person said.

Wayne Hickey, a spokesman for Microsoft, declined to comment, as did Bobbi Henson, a spokeswoman for Verizon, and Jennifer Khoury of Comcast, which controls NBC. Greg Belloni, a Sony spokesman, had no immediate comment. Dorothy Jean, a spokeswoman for Lovefilm, declined to comment. An HBO spokesperson declined to comment.
Pay-TV Tether

The new applications from Philadelphia-based Comcast’s Xfinity TV service and New York-based Verizon’s FiOs would require users to prove they already are pay-TV customers in regions where the services operate, two of the people said.

The Xbox 360 plays DVDs and video games, and owners can pay $60 a year for the Xbox Live premium service, which allows for multi-user play over Web. Console owners can also add subscriptions to Netflix Inc. (NFLX)’s and Hulu LLC’s online film and television services, and pay-TV through AT&T Inc. (T)’s U-verse in its markets.

The surge in online entertainment has thrust the Xbox 360 and its console rival, Sony Corp. (SNE)’s PlayStation 3, into competition with other Web-connected devices in the home, from DVRs to television sets.
Microsoft’s Moves

Since last year, Microsoft has integrated social networking features into Xbox Live, letting viewers chat with each other while watching movies and shows. The company announced in June that 35 million people used its paid Xbox Live service around the world, spending an average of 60 hours a month playing games and watching entertainment.

Comcast had 22.5 million pay-TV customers as of June 30. Verizon Fios had 3.8 million.

Cable and satellite TV providers such as Comcast are looking to stem defections by putting their services on more devices and making it easier for them watch.

In June, Comcast CEO Brian Roberts demonstrated a TV interface called Xcalibur that uses Web-connected servers to forgo the need for a set-top box at all.

Microsoft fell 9 cents to $25.58 yesterday in Nasdaq Stock Market trading. Comcast lost 33 cents to $22. Verizon slid 5 cents to $36.84 in New York Stock Exchange composite trading.

Reebok Pays $25 Million to Settle FTC Claims of False Ads for Toning Shoes (BLOG)

Reebok International Ltd. agreed to pay $25 million to resolve government allegations it made false claims that its so-called toning shoes helped strengthen leg and buttock muscles.

The settlement with the Federal Trade Commission covers advertising starting in 2009 for Reebok’s EasyTone walking shoes and flip flops and RunTone running shoes. The agency said the ads made unsupported claims that walking in EasyTone footwear was “proven” to tone buttocks 28 percent more than other sneakers and build calf muscles by 11 percent more.

“We spent a lot of time examining the evidence the company put forward and found it wanting,” said David Vladeck, head of the FTC’s Bureau of Consumer Protection, during a news conference today in Washington. “This settlement is also to remind advertisers big and small that they must have adequate proof before making claims.”

The toning athletic shoe category grew to $1 billion in sales in 2010 before dropping off this year as retailers and shoemakers were forced to slash prices after demand fell. Skechers USA Inc. led the market with its Shape-ups, followed by Reebok’s EasyTone brand. Sales of toning shoes in the U.S. may drop about 40 percent this year to $600 million, according to researcher SportsOneSource.
Settlement Terms

The settlement prohibits Reebok, a unit of Herzogenaurach, Germany-based Adidas AG (ADS), from making any more unsubstantiated assertions regarding toning benefits of its footwear, the agency said. The FTC set up a website for consumers that explains how to seek a refund for the shoes covered by the lawsuit.

Sneaker maker Skechers also has been contacted by the FTC over claims that its Shape-ups shoes have toning benefits, the company said in an August filing with the U.S. Securities and Exchange Commission.

Skechers, based in Manhattan Beach, California, said in the filing it was responding to the FTC’s requests and would “ defend the company’s position,” if needed. Leonard Armato, president of Skechers USA Fitness Group that includes the Shape- ups brand, said today the company doesn’t comment on legal proceedings.

The FTC’s Vladeck declined to comment on whether other shoe companies are being probed for similar advertising.
Bigger Number

“If this is pointing in Skecher’s direction, the number could be bigger for them,” said Sam Poser, a New York-based retail analyst for Sterne Agee & Leach Inc., who has an “underperform” rating on Skechers, in a telephone interview.

Adidas fell 0.97 euros, or 2 percent, to 48.22 euros in Frankfurt trading. Skechers fell 36 cents, or 2.4 percent, to $14.72 in New York trading.

“We stand behind our EasyTone technology -- the first shoe in the toning category that was inspired by balance-ball training,” Reebok spokesman Dan Sarro said in an e-mailed statement today. “Settling does not mean we agree with the FTC’s allegations; we do not.”

Reebok, based in Canton, Massachusetts, said it will continue to develop the EasyTone product line.

“It’s not that important to their business anymore as they’ve come out with more running products,” Sterne Agee & Leach’s Poser said.

The case is Federal Trade Commission v. Reebok International Ltd., 1:11-cv-02046, U.S. District Court, Northern District of Ohio (Cleveland).

This sheep thinks he's a dog (BLOG)

The sheep's name is Jack, and it's not his fault he's confused. Alison Sinstadt and her partner Simon Sherwin, who have a farm in Shropshire, England, brought him indoors when he was just a wee lamb because he was quite small. They raised him with their springer spaniel Jessie, and now Jack is so convinced that he's a dog too that he fetches sticks, walks on a leash, and even tries to bark (though it comes out more of a baa-rk).

And putting the 6-month-old ovine in a field with his own flock doesn't help a bit: he just tries to herd them. It's positively unherd-of!

Patient dies outside Calif. hospital after release (BLOG)

SANTA ROSA, Calif. (AP) — A California hospital is investigating the death of a discharged patient whose body was found onhospital grounds.

Officials at Santa Rosa Memorial Hospital said Monday that their investigation into 49-year-old Michael Torres' death is almost complete.

Torres' body was discovered on the hospital campus around 8 a.m. Sept. 20. The Press Democrat of Santa Rosa reports (http://bit.ly/p4Ek7e) that he had been discharged about 12 hours earlier after treatment for an undisclosed condition.

Hospital officials say Torres was asked to move when, after he was discharged, he was found in part of the hospital that is closed to the public at night. But they have released few other details.

According to Torres' family, a preliminary autopsy showed he could have died of pneumonia, or swelling of the arteries and heart.

T.I. to be released from halfway house Thursday (BLOG)

ATLANTA (AP) — Rapper T.I. is set to be released from an Atlantahalfway house after spending about 10 months in federal prison on a probation violation.

T.I., whose real name is Clifford Harris, was arrested in September 2010 in Los Angeles on drug charges. He was sentenced to 11 months in prison for violating the terms of the probation he received after he was convicted of federal firearms charges.

He was released from an Arkansas prison and sent to the halfway house on Aug. 31, put back in federal lock-up over a dispute withprison officials, and then returned to the halfway house Sept. 15.

Attorney Steve Sadow said he wasn't sure what time the performer would be released, and corrections officials declined comment.

Amazon unveils $199 Kindle Fire tablet (BLOG)

NEW YORK (AP) — Amazon CEO Jeff Bezos on Wednesday showed off the Kindle Fire, a $199 tablet computer, challenging Apple's iPad by extending its Kindle brand into the world of full-color, multipurpose devices.

Bezos also took the opportunity at a New York press event to introduce a new line of Kindle e-readers with black-and-white screens and lower prices, further pressuring competitors likeBarnes & Noble Inc. that are trying to break Amazon.com Inc.'s dominance in electronic book sales.

The Kindle Fire will go on sale Nov. 15. It's about half the size of the iPad, making it a close match with Barnes & Noble's Nook Color tablet, which came out last year. But while Barnes & Noble sees the Nook Color as jazzed-up e-reader, Amazon has broader goals for the Fire, as a platform for games, movies, music and other applications.

Even before its release, the Kindle Fire was heralded as a worthy competitor to Apple's iPad. Amazon is nearly unique in its ability to sell content such as e-books, movies and music suited for a tablet — just like Apple Inc. does.

Still, competing with Apple won't be easy. Many have tried to copy the iPad's success, but it remains the overwhelming front-runner in the tablet computer category. Apple sold 28.7 million of them from April 2010 to June 2011. Analysts at research firm Gartner Inc. expect the iPad to account for three out of four tablet sales this year.

"Some of the companies that have made tablets and put them on the market ... the reason they haven't been successful is because they made tablets. They didn't make services," Bezos said in an interview. "So what we've done is really integrate seamlessly all of our media offerings — video, movies, TV, apps, games, magazines, games and so on."

Forrester Research analyst Sarah Rotman Epps said selling all that content makes the Fire is the only credible competitor to the iPad this year.

"In theory, Sony could do something similar, but they haven't, and it doesn't look like they will. They have a tablet, but they only went halfway on the services," she said.

Analysts had expected the Fire to go on sale for about $250. Epps called the $199 price "jaw-droppingly low," and said it would introduce tough competition not just for Apple, but for contending tablet makers like Samsung Electronics Co., Motorola Mobility Holdings Inc. and HTC Corp.

Analysts had speculated Amazon would subsidize the tablet, counting on making back some money through book and movie sales. But Bezos said the company is content with a slim profit margin.

"We want the hardware device to be profitable and the content to be profitable. We really don't want to subsidize one with the other," Bezos said in the interview with The Associated Press.

Epps believes Amazon will sell 3 million to 5 million Fires before the end of the year, but the late shipping date will probably skew the figure to the lower end of the range, she said.

The Fire runs a version of Google Inc.'s Android software, used by other iPad wannabes, and will have access to applications through Amazon's Android store. It lacks the cameras sported by practically every competing tablet. It also lacks a slot for memory expansion, a common feature on other Android tablets.

Amazon's cheapest new Kindle will cost $79, and dispenses with the keyboard the Kindles have carried since the first model launched in 2007.

For $99, Amazon is also bringing out the first black-and-white Kindle with a touch screen; it's reminiscent of Barnes & Noble's latest Nook. A version with access to AT&T's cellular network will cost $149. Versions without advertising cost an extra $30 to $40. Bezos said the models subsidized by advertising have been the most popular.

Previously, the cheapest Kindle cost $114, with advertising. That price was reduced Wednesday to $99.

Bezos said he doesn't see the Fire as eventually replacing the Kindles.

"What will happen is people will buy both. Because they're really for different purposes.... For people who are into reading, it makes sense to have a device that's purpose-built," he said.

Cantaloupe illnesses and deaths expected to rise (BLOG)

WASHINGTON (AP) — Federal health officials said Wednesday more illnesses and possibly more deaths may be linked to an outbreak of listeria in cantaloupe in coming weeks.

So far, the outbreak has caused at least 72 illnesses — including up to 16 deaths — in 18 states, making it the deadliest food outbreak in the United States in more than a decade.

The heads of the Centers for Disease Control and Prevention and the Food and Drug Administration said consumers who have cantaloupes produced by Jensen Farms in Colorado should throw them out. If they are not sure where the fruit is from, they shouldn't eat it.

Neither the government nor Jensen Farms has supplied a list of retailers who may have sold the fruit. Officials say consumers should ask retailers about the origins of their cantaloupe. If they still aren't sure, they should get rid of it.

"If it's not Jensen Farms, it's OK to eat," said Thomas Frieden, director of the CDC. "But if you can't confirm it's not Jensen Farms, then it's best to throw it out."

Jensen Farms of Holly, Colo. says it shipped cantaloupes to 25 states, though the FDA has said it may be more, and illnesses have been discovered in several states that were not on the shipping list. A spokeswoman for Jensen Farms said the company's product is often sold and resold, so they do not always know where it went.

The recalled cantaloupes may be labeled "Colorado Grown," ''Distributed by Frontera Produce," ''Jensenfarms.com" or "Sweet Rocky Fords." Not all of the recalled cantaloupes are labeled with a sticker, the FDA said. The company said it shipped out more than 300,000 cases of cantaloupes that contained five to 15 melons, meaning the recall involved 1.5 million to 4.5 million pieces of fruit.

The FDA said none of the cantaloupes had been exported, reversing an earlier statement that some of the tainted melons had been shipped abroad.

Frieden and FDA Commissioner Margaret Hamburg said that illnesses are expected for weeks to come because the incubation period for listeria can be a month or even longer. That means that someone who ate contaminated cantaloupe last week may not get sick until next month. Jensen Farms last shipped cantaloupes on Sept. 10. The shelf life is about two weeks.

"We will see more cases likely through October," Hamburg said.

The Food and Drug Administration said state health officials found listeria in cantaloupes taken from Colorado grocery stores and from a victim's home that were grown at Jensen Farms. Matching strains of the disease were found on equipment and cantaloupe samples at Jensen Farms' packing facility in Granada, Colo.

Sherri McGarry, a senior adviser in the FDA's Office of Foods, said the agency is looking at the farm's water supply and possible animal intrusions among other things in trying to figure out how the cantaloupes became contaminated. Listeria bacteria grow in moist, muddy conditions and are often carried by animals.

The health officials said this is the first known outbreak of listeria in cantaloupe. Listeria is generally found in processed meats and unpasteurized milk and cheese, though there have been a growing number of outbreaks in produce. Hamburg called the outbreak a "surprise" and said the agencies are studying it closely to find out how it happened.

Cantaloupe is often the source of outbreaks, however. Frieden said CDC had identified 10 other cantaloupe outbreaks in the last decade, most of them from salmonella.

Listeria is more deadly than well-known pathogens like salmonella and E. coli, though those outbreaks generally cause many more illnesses. Twenty-one people died in an outbreak of listeria poisoning in 1998 traced to contaminated hot dogs and possibly deli meats made by Bil Mar Foods, a subsidiary of Sara Lee Corp. Another large listeria outbreak, in 1985, killed 52 people and was linked to Mexican-style soft cheese.

Listeria generally only sickens the elderly, pregnant women and others with compromised immune systems. The CDC said the median age of those sickened is 78 and that 1 in 5 who contract the disease can die from it. Symptoms include fever and muscle aches, often with other gastrointestinal symptoms.

Unlike many pathogens, listeria bacteria can grow at room temperatures and even refrigerator temperatures. It is hardy and can linger long after the source of the contamination is gone — health officials say people who may have had the contaminated fruit in their kitchens should clean and sanitize any surfaces it may have touched.

The CDC said Tuesday that 13 deaths are linked to the tainted fruit. State and local officials say they are investigating three additional deaths that may be connected.

The death toll released by the CDC Tuesday surpassed the number of deaths linked to an outbreak of salmonella in peanuts almost three years ago. Nine people died in that outbreak. The CDC reported four deaths in New Mexico, two deaths each in Colorado and Texas and one death each in Kansas, Missouri, Nebraska, Oklahoma and Maryland.

New Mexico officials said Tuesday they are investigating a fifth death, while health authorities in Kansas and Wyoming said they too are investigating additional deaths possibly linked to the tainted fruit.

The CDC reported the 72 illnesses and deaths in 18 states. Cases of listeria were reported in California, Colorado, Florida, Illinois, Indiana, Kansas, Maryland, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. The most illnesses were reported in Colorado, which has seen 15 sickened. Fourteen illnesses were reported in Texas, 10 in New Mexico and eight in Oklahoma.

While most healthy adults can consume listeria with no ill effects, it can kill the elderly and those with compromised immune systems. It is also dangerous to pregnant women because it easily passes through to the fetus. The CDC's Frieden said that two of those sickened were pregnant women but they have since recovered.

Colo. boy, 13, pleads guilty to killing parents (BLOG)

BURLINGTON, Colo. (AP) — A 13-year-old boy who prosecutors say was playing with toy trucks and planes right before he shot and killed his parents was sentenced Wednesday to seven years injuvenile detention after pleading guilty to murder.

The boy was 12 in March when prosecutors say he shot Marilyn and Charles Long with a .357 Magnum revolver in Burlington, a small farming community about 140 miles east of Denver. He also pleaded guilty to attempt to commit first-degree murder and three counts of assault for attacking two of his younger siblings.

He could have faced decades in prison if he had been tried and convicted an adult.

The light sentence angered some relatives, but District Attorney Bob Watson said state law forced him to choose between what he saw as an unacceptably light juvenile sentence and an unnecessarily harsh lifetime sentence.

Watson told a judge there was no explanation for the slayings. He showed photographs of the family's backyard, where he said the boy had been playing with toy trucks and planes minutes before the shootings. He said tests showed that he was immature and noted that money he earned cleaning a church and the courthouse before the slayings had been spent on Legos.

"If you're looking for an adult explanation for why this kid went from playing in dirt to commit murder you'll never get one. This lies in the mind of a very immature 12-year-old," Watson said, referring to the boy's age at the time of the slayings.

The prosecutor said he was also concerned that a judge might have rejected a proposal to transfer the case to adult court and whether the state would be able to get a conviction there, noting that juries like to know why a crime was committed.

Charles Long's brother, Wally Long, said he was never in favor of a plea agreement.

"My desire for a longer sentence was never about hatred or anger but out of a sense of justice," he said.

The boy will also have to serve three years on parole after being released.

Marilyn Long, 50, homeschooled her kids and ran the children's ministry at the Evangelical Free Church. Charles Long, 51, served as an elder at another church and was a snack delivery driver. The boy was a greeter at the church and helped other children memorize Bible verses.

Prosecutors allege the boy stabbed and shot his 9-year-old brother and injured his 5-year-old sister with a knife. Both recovered from their wounds.

In court, the boy stood about 5 feet tall and appeared slight in his teal prison uniform. He declined a chance to speak and cried as a defense lawyer read a statement from his maternal grandmother, Dolores Richardson.

She noted that he was a helpful boy and hinted that the slayings had resulted from "helplessness, a cry for help for a situation, that (he) felt he had no control over."

After the hearing, Wally Long and the boy's 25-year-old brother said they didn't know to what she was referring. "He's dead to me," the brother said.

Before the sentencing, public defender Tom Ward said in court that the boy had made progress while in juvenile detention. He grew two inches, gained 16 pounds, and formed relationships with attorneys, staff and other juveniles, Ward said.

Ward also said the boy has shown "incredible remorse" for the crimes.

"Life in prison is not the proper place for a 12-year-old boy, especially this one," he added.

Rays clinch AL wild card with stunning rally (BLOG)

ST. PETERSBURG, Fla. (AP)—Down by nine games in early September, down by seven runs on the final day of the season.

And yet somehow, these Tampa Bay Rays made it to the playoffs.

Evan Longoria(notes) capped a startling comeback by hitting his second home run of the game, hooking a drive barely inside the left-field foul pole in the 12th inning Wednesday night and giving the Rays the AL wild-card spot with an 8-7 win over the New York Yankees.

Pinch-hitter Dan Johnson(notes) saved the Rays with a two-out, two-strike solo home runs i the ninth that made it 7-all.

Longoria connected shortly after midnight, four minutes after Boston blew a ninth-inning lead and lost at Baltimore 4-3. The Red Sox, who seemed to be running away from the Rays a few weeks ago, and Tampa Bay began the day tied for the final AL playoff spot.

“It’s a good feeling knowing that one put us into the playoffs and not into a playoff game,” Longoria said. “So I’m just thinking about, ‘Wow, did this just really happen?’ … Man, when I saw it clear the fence it didn’t seem real.”

The crowd of 29,518 at Tropicana Field was mostly silent as the Rays trailed 7-0 going into the eighth. But Longoria’s three-run homer finished a six-run burst in the eighth and Johnson, hitting only .108, tied it with a shot off Cory Wade(notes).

The fans roared when the Red Sox loss was posted on the scorecard. Moments later, they erupted again when Longoria homered.

“It’s a storybook finish,” designated hitter Johnny Damon(notes) said. “Definitely gratifying.”

Boston led by nine games on Sept. 4. If the Red Sox had held on to win, the teams would have met in a one-game playoff at Tropicana Field on Thursday.

Instead, the Rays will open the first round of the AL playoffs on Friday at Texas.

“It was a crazy night,” Rays manager Joe Maddon said. “What happened out there goes beyond the imagination.”

“I want to say this: The Yankees are true champions,” he said. “They played us great. They made us work for every inch of it.”

Longoria connected off Scott Proctor(notes) (0-3) to end it. Proctor was the Yankees’ 11th pitcher of the game—they did not use all-time career saves leader Mariano Rivera(notes).

The AL East champion Yankees pulled their regulars throughout the game and finished with a lineup that looked more like a Triple-A team.

“The emotion of the day was something you can’t dream up when you look at the schedule,” Yankees star Alex Rodriguez(notes) said. “Longoria had a magical night. They’re very dangerous because they have good pitching.”

Moments before Tampa Bay won, it looked as if Boston would instead be going to the playoffs.

The Orioles were down to their last strike in the ninth before scoring twice off Red Sox closer Jonathan Papelbon(notes).

The Rays, meanwhile, escaped a first-and-third, no-out jam in the 12th. Longoria made the key play, fielding a grounder at third and making a snap tag to catch the runner diving back to the base.

“Weird. Just when you think you’ve see it all,” Yankees captainDerek Jeter(notes) said. “It’s one of those days. You have a team down seven runs in the eighth and Boston winning. It was very bizarre.”

Mark Teixeira(notes) hit a grand slam off All-Star David Price(notes) and a solo homer as the Yankees built their big lead. The Rays sputtered against a parade of New York pitchers, until the eighth. Longoria homered offLuis Ayala(notes) to pull Tampa Bay within a run.

Teixeira’s second-inning slam put the Yankees ahead 5-0. His solo shot made it 6-0 and came simultaneously as Dustin Pedroia(notes) went deep for Boston to give the Red Sox a 3-2 lead in their game. The Rays began cutting into their deficit during a rain delay in Baltimore.

A night after Matt Joyce’s(notes) three-run homer gave Tampa Bay a 5-3 victory that kept the wild-card race tied, the crowd didn’t have much to cheer until the eighth when the Rays loaded the bases with no outs againstBoone Logan(notes).

Ayala replaced Logan and walked pinch hitter Sam Fuld(notes) to force in one run, then hit Sean Rodriguez(notes) with a pitch to force in another. B.J. Upton’s(notes) sacrifice fly trimmed Tampa Bay’s deficit to 7-3 before Longoria connected.

Before the eighth, the Rays were limited to two hits—a pair of singles by Casey Kotchman(notes)—by a continuous stream of Yankees pitchers, beginning with a two-inning stint by rookie Dellin Betances(notes).

George Kontos(notes), Aaron Laffey(notes), Phil Hughes(notes), Raul Valdes(notes), A.J. Burnett(notes), Andrew Brackman(notes),Logan, Ayala, Wade and Procter followed Betances, who made his first major league start.

The crowd lingered long after the game ended and celebrated by players, who returned from the clubhouse to spray fans behind the dugout and along the railings with champagne.

“That was one of the best days in baseball’s history, probably,” Teixeira said. “I really can’t believe it. I think the fans should be excited.”

NOTES: Rodriguez, scratched because of a sore right knee had his major league-record stretch of 13 straight seasons of 30 homers and 100 RBIs end. He had 16 home runs and drove in 62 runs over 99 games this year. … Yankees GM Brian Cashman and other team officials held a second day of organizational meetings in preparation for the playoffs. Manager Joe Girardi said RH Freddy Garcia(notes) will start Game 3 of the ALDS behind LHP CC Sabathia(notes) and RHP Ivan Nova(notes). … The Rays were the only team in the AL that did not score 10 or more runs in a home game this season. The last time that happened was 1976 when the Angels and Orioles didn’t do it.

Wednesday, September 28, 2011

Surprising Siblings: Black and White Brothers Are Actually Twins (BLOG)

Two brothers, both alike in heritage, but as different as black and white. Ebony and ivory. Night and day. You get it. If one thing's clear about 18-year-old British twins James and Daniel Kelly, it's that they never get confused for one another.

James and Daniel are the human version of a black and white cookie. Born to Alyson and Errol Kelly, an interracial couple, they display the unusual characteristic of being a pair of one dark-skinned and one-light skinned twins, reports the Guardian.

(MORE: Why DNA Isn't Your Destiny)

So how did this genetic anomaly occur?

Dr. Jim Wilson, a population geneticist at Edinburgh University, tells the Guardian that the cause is the father's heritage. Errol, Jamaican by background, holds the genetic key to skin color variations among offspring.




"It wouldn't really be possible for a black African father and a white mother to have a white child, because the African would carry only black skin gene variants in his DNA, so wouldn't have any European DNA, with white skin variants, to pass on," he explains.

However, Wilson also tells the Guardian that people of Caribbean descent are often likely to carry European DNA. Which, if you can remember back to your high school biology unit on genetics, is enough to create a striking difference.

"The Caribbean father will have less European DNA than African DNA, so it's more likely he'll pass on African DNA - but rarely, and I've worked it out to be around one in 500 sets of twins where there's a couple of this genetic mix, the father will pass on a lot of European DNA to one child and mostly African DNA to the other. The result will be one white child and one black."

James and Daniel's differences are, of course, more than just skin-deep. James, the darker skinned twin, is gay, outgoing, and excels at academics. Daniel, on the other hand, is straight, introverted, and has little proclivity toward school.

If that wasn't enough of a scientific marvel for the Kelly family, consider this twist.

James and Daniel were the family's third set of twins: Errol and Alyson each already had a set with a previous partner when they wed. The lone non-twin in the family is Errol and Alyson's youngest daughter.

Milton Bradley Arrested After Allegedly Swinging Bat at His Wife (BLOG)

Your first inclination upon reading the title of this post may have been to think, “Is LBS just repeating old stories?” Sure, it’s a slow news day, but alas, we are not republishing old stories.

Former MLB player and permanent hot head Milton Bradley was arrested Tuesday on charges of assault with a deadly weapon. According to TMZ, Bradley’s wife called 911 Tuesday afternoon from their home in LA and said Milton was chasing her around the house with a baseball bat.

We always say there are two sides to every story, but would anybody be surprised if this were true? Milty is the same dude who oncecharged a press box after a game to confront a television announcer. He’s flipped off fans during games. I certainly wouldn’t put it past him to go Elin Nordegren on his spouse. The only question is how the wife continues to stick with him. Now that’s a mystery.

4 Americans get pot from US government (BLOG)

EUGENE, Ore. (AP) — Sometime after midnight on a moonlit rural Oregon highway, a state trooper checking a car he had just pulled over found less than an ounce of pot on one passenger: A chatty 72-year-old woman blind in one eye.

She insisted the weed was legal and was approved by the U.S.government.

The trooper and his supervisor were doubtful. But after a series of calls to the U.S. Attorney's Office, the Drug Enforcement Agencyand her physician, the troopers handed her back the card — and her pot.

For the past three decades, Uncle Sam has been providing a handful of patients with some of the highest grade marijuana around. The program grew out of a 1976 court settlement that created the country's first legal pot smoker.

Advocates for legalizing marijuana or treating it as a medicine say the program is a glaring contradiction in the nation's 40-year war on drugs — maintaining the federal ban on pot while at the same time supplying it.

Government officials say there is no contradiction. The program is no longer accepting new patients, and public health authorities have concluded that there was no scientific value to it, Steven Gust of the U.S. National Institute on Drug Abuse told The Associated Press.

At one point, 14 people were getting government pot. Now, there are four left.

The government has only continued to supply the marijuana "for compassionate reasons," Gust said.

One of the recipients is Elvy Musikka, the chatty Oregon woman. A vocal marijuana advocate, Musikka relies on the pot to keep her glaucoma under control. She entered the program in 1988, and said that her experience with marijuana is proof that it works as a medicine.

They "won't acknowledge the fact that I do not have even one aspirin in this house," she said, leaning back on her couch, glass bong cradled in her hand. "I have no pain."

Marijuana is getting a look from states around the country considering calls to repeal decades-old marijuana prohibition laws. There are 16 states that have medical marijuana programs. In the three West Coast states, advocates are readying tax-and-sell or other legalization programs.

Marijuana was legal for much of U.S. history and was recognized as a medicine in 1850. Opposition to it began to gather and, by 1936, 48 states had passed laws regulating pot, fearing it could lead to addiction.

Anti-marijuana literature and films, like the infamous "Reefer Madness," helped fan those fears. Eventually, pot was classified among the most harmful of drugs, meaning it had no usefulness and a high potential for addiction.

In 1976, a federal judge ruled that the Food and Drug Administration must provide Robert Randall of Washington, D.C. with marijuana because of his glaucoma — no other drug could effectively combat his condition. Randall became the nation's first legal pot smoker since the drug's prohibition.

Eventually, the government created its program as part of a compromise over Randall's care in 1978, long before a single state passed a medical marijuana law. What followed were a series of petitions from people like Musikka to join the program.

President George H.W. Bush's administration, getting tough on crime and drugs, stopped accepting new patients in 1992. Many of the patients who had qualified had AIDS, and they were dying.

The AP asked the agency that administers the program, the National Institute on Drug Abuse, for documents showing how much marijuana has been sent to patients since the first patient in 1976.

The agency supplied full data for 2005-2011, which showed that during that period the federal government distributed more than 100 pounds of high-grade marijuana to patients.

Agency officials said records related to the program before 2005 had been destroyed, but were able to provide scattered records for a couple of years in the early 2000s.

The four patients remaining in the program estimate they have received a total of 584 pounds from the federal government over the years. On the street, that would be worth more than $500,000.

All of the marijuana comes from the University of Mississippi, where it is grown, harvested and stored.

Dr. Mahmoud ElSohly, who directs the operation, said the marijuana was a small part of the crop the university has been growing since 1968 for all cannabis research in the U.S. Among the studies are the pharmaceutical uses for synthetic mimics of pot's psychoactive ingredient, THC.

ElSohly said the four patients are getting pot with about 3 percent THC. He said 3 percent is about the range patients have preferred in blind tests.

The marijuana is then sent from Mississippi to a tightly controlled North Carolina lab, where they are rolled into cigarettes. And every month, steel tins with white labels are sent to Florida and Iowa. Packed inside each is a half-pound of marijuana rolled into 300 perfectly-wrapped joints.

With Musikka living in Oregon, she is entitled to more legal pot than anyone in the nation because she's also enrolled in the state's medical marijuana program. Neither Iowa nor Florida has approved marijuana as a medicine, so the federal pot is the only legal access to the drug for the other three patients.

The three other people in the program range in ages and doses of marijuana provided to them, but all consider themselves an endangered species that, once extinct, can be brushed aside by a federal government that pretends they don't exist.

All four have become crusaders for the marijuana-legalization movement. They're rock stars at pro-marijuana conferences, sought-after speakers and recognizable celebrities in the movement.

Irv Rosenfeld, a financial adviser in Ft. Lauderdale, Fla., has been in the program since November 1982. His condition produces painful bone tumors, but he said marijuana has replaced prescription painkillers.

Rosenfeld likes to tell this story: In the mid-1980s, the federal government asked his doctor for an update on how Rosenfeld was doing. It was an update the doctor didn't believe the government was truly interested in. He had earlier tried to get a copy of the previous update, and was told the government couldn't find it, Rosenfeld said.

So instead of filling out the form, the doctor responded with a simple sentence written in large, red letters: "It's working."

Tuesday, September 27, 2011

'L-Word' star kisses girl, gets escorted off plane (BLOG)

A lesbian actress who starred in "The L-Word" said she kissed a girl — and got escorted off of a Southwest Airlines flight on Monday for doing it.

Leisha Hailey took to Twitter to call for a boycott of the carrier after a flight attendant told them other passengers had complained after witnessing the affection.

Her first tweet said: "I have been discriminated against." She later added, "Since when is showing affection to someone you love illegal?"

Southwest Airlines Co. responded on its website that Hailey was approached "based solely on behavior and not gender." The airline's four-sentence response said passengers were characterizing the behavior as excessive.

A discussion followed on the flight, and the airline said it "escalated to a level that was better resolved on the ground."

Hailey was a musician before joining the cast of the Showtime drama featuring the lives of lesbian friends and lovers living in Los Angeles. She played the character Alice Pieszecki.

The actress and her unidentified girlfriend were on a flight from Baltimore to St. Louis. The kissing occurred in the air and a discussion followed when the plane landed.

Hailey said the encounter between the couple and a flight attendant was recorded.

A message seeking comment from Hailey's spokeswoman, Libby Coffey, was not immediately returned.

Southwest's website says it is the official airline of the Gay & Lesbian Alliance Against Defamation.

Herndon Graddick, senior director of programs at GLAAD, said in an email that "GLAAD contacted Southwest to call for additional actions beyond tonight's statement that ensure all customers feel comfortable and welcomed while traveling."

Earlier this month, the Dallas-based airline kicked off Green Day's lead man Billie Joe Armstrong for wearing his pants too low. The Grammy winner was escorted off a plane after failing to follow a flight attendant's directive to pull the pants up.

Southwest also removed director Kevin Smith from a flight last year because he didn't fit properly in a single seat. His first tweet read, "Dear (at)SouthwestAir I know I'm fat, but was (the) captain (...) really justified in throwing me off a flight for which I was already seated?"

Hailey is preparing to launch a 21-city tour to promote breast cancer awareness.

How to Eat for $7 or Less a Day (BLOG)

Is it possible to eat for $7 or less a day? At least one New Yorker, Zack, an aspiring comedian, says he does it. Here's how, along with more strategies anyone can use:

[In Pictures: 10 Kitchen Tools That Will Save You Money]

Buy in bulk. Zack drives to the suburbs in New Jersey to shop at bulk retailers, such as Sam's Club. He fills large duffel bags of food to bring back to the city and estimates it saves a significant chunk of change each month.

Stockpile supplies. Cans of beans and tomatoes are cheap, store easily, and make quick, filling meals.

Compare prices. For some items, such as fruit, buying from street vendors turns out to be cheaper than shopping at Manhattan grocery stores.

Cook big. Zack makes lots of soup, chili, and other big dishes that can turn into leftovers or even go into the freezer for a future meal. To spruce up the dishes and make them even bigger, he often adds pasta or rice.

Plan ahead. By loosely deciding in advance which meals to cook on which nights, Zack avoids getting home from work--starving--and eating out just because it seems easier.

Shop discount. A survey from Washington Consumers' Checkbook shows that families that would spend $150 a week if they shopped at average-priced chains, such as Safeway, could save $1,326 by shopping at the discount store Bottom Dollar Food--or spend $3,510 more by shopping at Whole Foods. While the survey focused on Washington, D.C.-area stores, the same principle applies across the country: Shops sell food, and often the exact same name brands, for very different prices. By switching from Whole Foods to Bottom Dollar Food, customers could save almost $5,000 a year. That figure might be enough to scare you off those pricey organic brands for awhile.

Build your meals around rice, noodles, or other grains, advises the Agriculture Department's recipe book. A casserole, for example, should be heavy on rice and vegetables. The feds offer a beef-noodle casserole along with stir-fried pork and vegetables with rice that demonstrate this technique. The University of Wyoming's cookbook suggests heavy use of oatmeal, and includes an oatmeal cookie recipe that incorporates applesauce. Kansas State University describes "mom's breaded tomatoes," which mixes bread and flour into cooked tomatoes to make the vegetable dish more filling.

[In Pictures: 10 Ways to Earn More Money Now]

Make use of leftovers, and your freezer. The Agriculture Department's recipe book urges users to make a beef pot roast according to its relatively simple recipe, then freeze half of it. It recommends the same technique with baked meatballs and turkey chili. The University of Wyoming suggests using canned peaches for pancakes, then freezing the unused juice in ice cube trays for future ice teas.

Bake "fried" chicken. A variation of "baked" fried chicken occurred over and over again in university cookbooks. The basic recipe: Coat chicken pieces in breading and Parmesan cheese along with spices, then bake in the oven. That way, you avoid the grease of fried chicken takeout.

Avoid prepackaged items. Instead of buying hummus, grated cheese packages, or frozen meals, make these items yourself to save money as well as cut down on sodium.

Go meatless. The university recipe books don't say this explicitly--probably because they want to avoid alienating farmers--but avoiding meat, or even just cutting back on it, saves a lot of money. Instead of beef or chicken, substitute beans and eggs.

[The Secret to Living Well on $40,000 a Year]

Stop wasting. The Agriculture Department recommends stocking up on food that keeps well, such as canned orange juice or dry goods. But be careful with fruits and vegetables, even if they're on sale, to prevent waste. Home cooks stuck with extra eggplant or flounder can avoid wasting food by using websites such as Allrecipes.com and the FoodNetwork.com to search for dishes based on the ingredients they have at home.

Get inspired. Food blogs such as Smitten Kitchen and Cooking with Amy offer practical recipes for all budgets, along with photos and step-by-step directions.

Study: Dads less likely to die of heart problems (BLOG)

Fatherhood may be a kick in the old testosterone, but it may also help keep a man alive. New research suggests that dads are a little less likely to die of heart-related problems than childless men are.

The study — by the AARP, the government and several universities — is the largest ever on male fertility and mortality, involving nearly 138,000 men. Although a study like this can't prove that fatherhood and mortality are related, there are plenty of reasons to think they might be, several heart disease experts said.

Marriage, having lots of friends and even having a dog can lower the chance of heart problems and cardiac-related deaths, previous research suggests. Similarly, kids might help take care of you or give you a reason to take better care of yourself.

Also, it takes reasonably good genes to father a child. An inability to do so might mean a genetic weakness that can spell heart trouble down the road.

"There is emerging evidence that male infertility is a window into a man's later health," said Dr. Michael Eisenberg, a Stanford University urologist and fertility specialist who led the study. "Maybe it's telling us that something else is involved in their inability to have kids."

The study was published online Monday by the journal Human Reproduction.

Last week, a study by other researchers of 600 men in the Philippines found that testosterone, the main male hormone, drops after a man becomes a dad. Men who started out with higher levels of it were more likely to become fathers, suggesting that low levels might reflect an underlying health issue that prevents reproduction, Eisenberg said.

In general, higher levels of testosterone are better, but too much or too little can cause HDL, or "good cholesterol," to fall — a key heart disease risk factor, said Dr. Robert Eckel, past president of the American Heart Association and professor of medicine at the University of Colorado, Denver.

"This is a hot topic," Eckel said. "I like this study because I have five children," he joked, but he said many factors such as job stress affect heart risks and the decision to have children.

Researchers admit they couldn't measure factors like stress, but they said they did their best to account for the ones they could. They started with more than 500,000 AARP members age 50 and over who filled out periodic surveys starting in the 1990s for a long-running research project sponsored by the National Cancer Institute.

For this study, researchers excluded men who had never been married so they could focus on those most likely to have the intent and opportunity to father a child. Men with cancer or heart disease also were excluded to compare just men who were healthy when the study began.

Of the remaining 137,903 men, 92 percent were fathers and half had three or more children. After an average of 10 years of follow-up, about 10 percent had died. Researchers calculated death rates according to the number of children, and adjusted for differences in smoking, weight, age, household income and other factors.

They saw no difference in death rates between childless men and fathers. However, dads were 17 percent less likely to have died of cardiovascular causes than childless men were.

Now for all the caveats.

Researchers don't know how many men were childless by choice and not because of a fertility problem.

They don't know what fertility problems the men's partners may have had that could have left them childless.

They didn't have cholesterol or blood pressure information on the men — key heart risk factors.

Less than 5 percent of participants were blacks or other minorities, so the results may not apply to them.

All those questions aside, however, some prominent heart experts were reassured by the study's large size and the steps researchers took to adjust for heart disease risk factors.

"I think there's something there," and social science supports the idea that children can lower heart risks, said Dr. Eric Topol, a cardiologist and genetics expert at Scripps Health in La Jolla, Calif. "Whether it's with a pet, a spouse or social interaction ... all those things are associated with better outcomes."

Dr. Daniel Rader, director of preventive cardiology at the University of Pennsylvania, said: "It's biologically plausible that there's a connection," but the reduced risk attributed to having children "is pretty modest."

Men often ask him what they can do to keep from dying of a heart attack, he said.

"I'm not really prepared to, on the basis of this, tell them to start having a few kids," Rader said.

Rapper Petey Pablo sentenced to 3 years for gun (BLOG)

NEW BERN, N.C. (AP) — Hip-hop artist Petey Pablo has been sentenced in North Carolina to almost three years in federal prison after pleading guilty to possessing a stolen firearm.

The U.S. Attorney's Office says the 38-year-old rapper was sentenced Monday to 35 months behind bars in U.S. District Court in New Bern. Pablo's real name is Moses Barrett, and he's from Wake Forest, N.C.

Petey Pablo was arrested last year while attempting to clear security at Raleigh-Durham International Airport for a flight to Los Angeles. Authorities found a loaded gun in a bag that had passed through an X-ray machine.

Authorities say the investigation showed the gun had been stolen during a home burglary in Gardena, Calif., in 2005.

The rapper is best known for the songs "Raise Up" and "Freek-a-Leek."

Surprise, surprise: Android beats iPhone 2-to-1, says Nielsen (BLOG)

Once again, Android has thoroughly stomped the competition, according to a survey of US smartphone users by Nielsen. As of August, 43 percent of all smartphone owners in the US use a device that runs Google’s mobile operating system. And of those who purchased a smartphone in the past three months, a full 56 percent chose and Android device over everything else.

Apple’s iPhone line remains solidly in second place, with 28 percent of the US smartphone market. The same number purchased an iPhone in the past three months. But Nielsen expects the number of new smartphone buyers to jump toward Apple in the coming months, as the company is expected to unveil its newest handset, the iPhone 5.



BlackBerry remains the third most popular line of device, with 18 percent market share. But only 9 percent of new smartphone buyers went with BlackBerry. Devices running all other operating systems only account for 11 percent of the US market, and a mere 6 percent purchased something other than a BlackBerry, iPhone or Android handset in the past three months.

As predictable as Android’s current upward swing may be, it’s still impressive. What would be far more impressive, however, is if the iPhone were still ahead of Android. Right now, there are only four models of iPhone available, and only two of them (3G S and 4) are regularly available from carriers. Compare that to the countless number of Android devices, available at all price points, and it’s obvious that this isn’t a fair fight.

It’s because of this unbalance that the rumors of a second, less-expensive iPhone release this year ring true – and are looking ever more likely by the day. Apple has the top-end market under control. But its handsets remain too expensive for many. If Apple does release a cheap iPhone model this year – especially if the device is unlocked – then we could see significant upward movement from Apple’s corner.

Rebel flag still flying in black SC neighborhood (BLOG)

SUMMERVILLE, S.C. (AP) — A year ago, dozens marched to protest the Confederate flag a white woman flew from her porch in a historically black Southern neighborhood. After someone threw a rock at her porch, she put up a wooden lattice. That was just the start of the building.

Earlier this year, two solid 8-foot high wooden fences were built on either side of Annie Chambers Caddell's modest brick house to shield the Southern banner from view.

Late this summer, Caddell raised a flagpole higher than the fences to display the flag. Then a similar pole with an American flag was placed across the fence in the yard of neighbor Patterson James, who is black.

One hundred and fifty years after the Civil War began about 20 miles away in Charleston Harbor, fights continue over the meaning of the Confederate flag. Some see it as a symbol of slavery and racism; others like Caddell say it's part of their Southern heritage.

"I'm here to stay. I didn't back down and because I didn't cower the neighbors say I'm the lady who loves her flag and loves her heritage," said the 51-year old Caddell who moved into the historically black Brownsville neighborhood in the summer of 2010. Her ancestors fought for the Confederacy.

Last October, about 70 people marched in the street and sang civil rights songs to protest the flag, while about 30 others stood in Caddell's yard waving the Confederate flag.

Opponents of the flag earlier gathered 200 names on a protest petition and took their case to a town council meeting where Caddell tearfully testified that she's not a racist. Local officials have said she has the right to fly the flag, while her neighbors have the right to protest. And build fences.

"Things seemed to quiet down and then the fences started," Caddell said. "I didn't know anything about it until they were putting down the postholes and threw it together in less than a day."

Aaron Brown, the town councilman whose district includes Brownsville, said neighbors raised money for the fences.

"The community met and talked about the situation," he said. "Somebody suggested that what we should do is just go ahead and put the fences up and that way somebody would have to stand directly in front of the house to see the flag and that would mediate the flag's influence."

Alabama Town Gives Offenders a Choice: Jesus or Jail (BLOG)

Given the choice between jail and church, which would you choose?

The small southern Alabama town of Bay Minette is giving non-violent offenders a chance to pick between lockup and the Lord.

Beginning next week, Operation ROC (Restore Our Community) will have a city judge offer those found guilty of misdemeanors the choice between working off their offenses in jail and paying a fine or attending the church of their choice every week for a year. WKRG-TV in Mobile, Ala., reported 56 churches in North Baldwin County are participating in the program.

(MORE: Inside the World's Most Humane Prison)

If offenders pick church, it doesn't necessarily guarantee eternal salvation, but they can check in each week with the pastor or the police department. If the program is completed successfully their case will be dropped.

Bay Minette Police Chief Mike Rowland says it costs his department about $75 a day to jail offenders, so the ROC program is cost-effective. "Longevity is the key," he explained in a television interview. "A 30-day drug program doesn't work. A 30-day alcohol program does not work. But long-term programs to do work, and we believe that's what'll happen here."

Rowland says that there is no separation of church and state boundary crossed here, but to be sure, NewsFeed called Notre Dame law professor Rick Garnett, an expert on constitutional law. He said it could look to a court that government is pushing the convicted into a religious option if there is not a secular choice as well.

"A lot of times in church-state cases, the lines aren't so crisp and clean," he told TIME. "This looks more like the kind of case where courts have been very cautious about pressuring people."

Man with broken leg survives 4 days in Utah desert (BLOG)

SALT LAKE CITY (AP) — A North Carolina man crawled four days across the Utah desert after breaking his leg on a solo hike, inspired by a Hollywood movie about a man who cut off his own arm to save himself after being trapped by a boulder in the same canyon.

Amos Wayne Richards, 64, of Concord, North Carolina, is now recovering at home. He said he was inspired to hike Little Blue John Canyon after he saw the Oscar-nominated movie "127 Hours" but fell 10 feet (three meters) during his trek on Sept. 8.

Canyonlands National Park rangers found Richards four days later. Along with the leg injury, he dislocated his shoulder but was able to work it back into place.

"It took me about 3 or 4 minutes to work my shoulder and get it back in place, and once I got it back in place, I stood up and realized my ankle hurt a little bit," Richards told WBTV in Charlotte last week after his story started getting the attention of national TV news networks.

Without cellphone service and only two protein bars to eat, Richards began crawling back to his car across the rocky terrain. He filled his water bottles with rain as he painstakingly retraced his steps, eventually dragging himself almost five miles (eight kilometers).

"I was actually following my GPS, crawling right on top of my feet print that I had hiked in on," Richards said.

Rangers first began looking for Richards Sept. 9 after his campsite was found unattended, said Denny Ziemann, chief ranger for Canyonlands and Arches national parks. They discovered his car two days later at the trailhead for Little Blue John Canyon, which is part of the Canyonlands remote and rugged Maze District but technically outside park boundaries.

"The search was pretty quick and dirty" once they realized where Richards had gone hiking, Ziemann said. Within hours, a helicopter spotted Richards — who used the flash on his camera to catch the pilot's attention — only a couple of miles (kilometers) from his car.

Richards was treated for the shattered leg and dehydration at a hospital in Moab, Utah, before returning to North Carolina to recover.

Ziemann said the result could have been much worse for Richards because he went hiking alone and without telling anybody about his plans. Temperatures in the region were in the 80s Fahrenheit (upper 20s Celsius) during the day and 60s F (upper teens C) at night.

"We make a lot of rescues of people, but we usually know where they are," Ziemann said. "They were either hiking with somebody and got hurt or if they were hiking alone, they told people where they were going."

In 2003, climber Aron Ralston hiked into the same canyon also without telling anyone his plans. He became trapped by a boulder and was forced to cut off his own arm to free himself. Ralston went on to detail his struggles in a book. His story was later adapted into "127 Hours."

Five found dead in rural Indiana (BLOG)

Five people have been found dead at two homes in a rural part of the midwestern US state of Indiana in an apparent shooting, police said, adding it was not clear if any suspects were at large.

Indiana state police said they were still investigating what led to the deaths of three men and two women, whose bodies were found Sunday near the town of Laurel, located about 70 miles (110 kilometers) southeast of Indianapolis.

Police made the grisly discovery after they were called to check on a small child wandering alone in the road, a statement said.

The bodies of two men and two women were found in one home, and another male victim was found in a house across the street, police said.

"It is unknown if there is one or multiple shooters. It is also unknown at this time if the shooter or shooters could be among the deceased," the police statement said.

An Indiana State Police duty officer told AFP early Monday that the investigation was "still in the early stages."

The victims' identities were not released, pending notification of all family members and autopsies due to be performed Monday in Indianapolis.

Police have cautioned residents to report any suspicious activity while the investigation is ongoing.

"Club drugs" replacing heroin, crack - experts (BLOG)

LONDON (Reuters) - "Club drug" abuse in Britain is on the rise, as young people ditch cocaine and heroin for mephedrone and ketamine, experts at the launch of a specialist drug clinic said on Monday.

Club drugs are constantly re-invented to evade drug laws and have left healthcare professionals ill-equipped to deal with new trends in substance abuse, consultant psychiatrist and founder of the Club Drug Clinic, Owen Bowden-Jones said.

"Patterns of drug use in the UK are changing and over the last two or three years we have continued to see an increase in the use of "club drugs"," Bowden-Jones said.

The number of 16-24 year olds who used the stimulant mephedrone last year was at a similar level to powder cocaine abuse -- a figure of around 300,000 people, a 2011 British Crime Survey showed.

Both of these drugs are banned in Britain, but there is a roaring trade for "legal highs" among the clubbing community and young professionals, experts said.

"There are new drugs emerging all the time, particularly a group of substances known as "legal highs". The health risks associated with excessive use of club drugs are underestimated by many people and little is known about the potential problems of the newer drugs," Bowden-Jones said.

"There are people who are running into major difficulty and are not aware of what dangers might be," he said.

The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) recorded 41 new drug compounds in 2010 and 20 new compounds in the first four months of 2011.

"We are seeing a whole plethora of different compounds that are being misused and are to a certain extent replacing more traditional drugs like heroin and crack cocaine," toxicologist at St George's Hospital Medical School, John Ramsey, said.

"The problem is knowing what to do about them. The way forward is evidence-based research but that is difficult when these compounds have never undergone pharmaceutical testing," he said.

The result is a lack of understanding about the drugs, and existing drug services that focus on alcohol, crack cocaine and heroin abuse are failing to cater for club drug addicts, according to Bowden-Jones.

"Many people experiencing club drug problems do not see current treatment services as well equipped to help them. As a result they do not seek treatment," he said.

The Club Drug Clinic, the first British funded team specialising in the treatment of club drug abuse, will be the "first step" in addressing the "knowledge gap" surrounding this area of drug addiction among healthcare professionals, he said.