Judge: Holmes Can Face Trial for Aurora Shooting

Jan 10, 2013 8:45pm

(Arapahoe County Sheriff/AP Photo)

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

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

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

PHOTOS: Colorado ‘Dark Knight Rises’ Theater Shooting

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

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

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

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

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

Sylvester also ordered that Holmes be held without bail.

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

SHOWS: World News

Read More..

Bibles used by King, Lincoln to be part of Obama’s second inauguration

Martin Luther King Jr. carried a black leather King James Bible on his journeys as a young pastor starting out in Montgomery, Ala. He turned to this “traveling Bible” for inspiration, his family says, as he fought for freedom and equality.

President Obama will put his hand over King’s well-worn Bible at his public swearing-in at the U.S. Capitol on Jan. 21, the holiday celebrating the birthday of the slain civil rights leader. King’s Bible will be stacked with the burgundy velvet and gilded Bible used by President Abraham Lincoln at his first inauguration.

Obama chose the Lincoln Bible for his inauguration in 2009, making him the first president to do so since it was initially used in 1861. President Harry S. Truman also used two Bibles, as did Dwight D. Eisenhower and Richard M. Nixon.

The announcement about the Bibles, to be made publicly Thursday, is part of the slow unspooling of inaugural details that fascinates lovers of ceremonial Americana.

Presidential inaugurations have become more filled with rites, and such decisions are especially weighty now at a time when the White House is aware that Americans are struggling to come together.

King’s family said in a statement that he would be “deeply moved” to see Obama use the traveling Bible on Martin Luther King Jr. Day, “and we hope it can be a source of strength for the President as he begins his second term.”

“With the Inauguration less than two weeks away, we join Americans across the country in embracing this opportunity to celebrate how far we have come, honor the legacy of Martin Luther King Jr. through service, and rededicate ourselves to the work ahead,” the statement added.

According to the Presidential Inaugural Committee, which organizes the swearing-in ceremony, King traveled with various books, including this Bible. “It was used for inspiration and preparing sermons and speeches, including during Dr. King’s time as pastor of Dexter Avenue Baptist Church” in Montgomery, the committee said in a statement.

Obama and Vice President Biden will be sworn in privately on Sunday, Jan. 20 — the date required by the Constitution. For that first ceremony, Obama will use the family Bible of his wife’s family. According to the inaugural committee, that Bible “was a gift from the First Lady’s father, Fraser Robinson III, to his mother, LaVaughn Delores Robinson, on Mother’s Day in 1958. Mrs. Robinson was the first African-American woman manager of a Moody Bible Institute’s bookstore.” That Bible was the only one Michelle Obama’s grandmother used after that, a committee statement said.

For both the private and then the Monday public ceremonies, Biden will be sworn in with a Bible that has been in his family since 1893: a five-inch-thick volume with a Celtic cross on the cover. He also used it for his swearings-in as a U.S. senator and in 2009 as vice president.

Some aspects of the inaugural ceremony have changed slightly over the decades. Having official prayers offered dates only to the 1930s, historians say. But presidents have used Bibles to be sworn in since George Washington, even though the Constitution does not require it. The Constitution also does not require the phrase “So help me God” at the end, but that has become standard, said Donald Ritchie, the historian of the U.S. Senate.

He also noted that the image of the president’s spouse holding the Bible dates only to Lady Bird Johnson doing so in 1965.

Chief justices of the Supreme Court now traditionally deliver the oath, but Ritchie said any federal official can do so.

Several non-Christian members of Congress have recently used other scriptures, including Rep. Keith Ellison, the first Muslim elected to Congress, in 2007. The Minnesota Democrat used a Koran owned by Thomas Jefferson.

Obama veered from tradition in one key aspect of the ceremony: He invited Myrlie Evers-Williams, widow of slain civil rights figure Medgar Evers, to deliver the invocation prayer. It will be the first time a woman, and a layperson rather than clergy, has done so.

Read More..

Israeli, US defence chiefs discuss Middle East issues

WASHINGTON: US Defence Secretary Leon Panetta and his Israeli counterpart Ehud Barak met to underscore a "strong US commitment to Israel's security", the Pentagon said.

US Defence Department spokesman George Little said in a statement that the two men "discussed a range of issues, and expressed their commitment to ensuring continued cooperation on many important regional issues -- particularly Syria, Iran, and Gaza".

"The secretary commended Minister Barak on his tireless efforts in advancing the US-Israel strategic relationship," Little said, adding the pair "reiterated the strong US commitment to Israel's security and the strong US-Israel defence relationship."

The meeting was the 11th for Barak and Panetta, who is leaving his post shortly.

President Barack Obama has nominated former US senator Chuck Hagel to succeed Panetta, a longtime Washington figure who has said he will be leaving public life.

- AFP/al

Read More..

Kin bid tearful adieu to soldier killed by Pakistan troops

MATHURA: Hundreds of villagers joined family in bidding adieu on late Wednesday evening to deceased Lance Naik Hemraj Singh, who was killed by Pakistan troops during a ceasefire violation in Jammu and Kashmir.

In Singh's native village of Shernagar under Mathura district of Uttar Pradesh, scores of locals flocked to the soldier's residence to honour him.

The inconsolable family of the soldier comprising an ageing mother, his wife, two daughters and a toddler son was seen being pacified by local women.

Army officials who escorted Singh's coffin from New Delhi participated in the last rite and also gave a rifle salute by firing several rounds in the air in honour of the soldier who died at the hands of the enemy at the Line of Control (LoC).

Lance Naik Hemraj, one of the two Indian soldiers killed by Pakistani troops in a violation of truce on the Kashmir border, was the family's sole breadwinner.

Hemraj, who joined the Army in 2001, was the second of three brothers and the sole earning member of his family after the death of his father.

Pakistani troops crossed the territory's heavily militarised LoC on Tuesday (January 08) and fired at an Indian army patrol.

The body of one of the soldiers was found "badly mutilated" in a forested area on the side controlled by India, Indian military officials said. Pakistan has denied the allegation.

The army had said that in a separate incident later on Tuesday, both sides shot at each other for more than an hour across the Line of Control (LoC) that divides Jammu and Kashmir.

Read More..

Embryonic Sharks Freeze to Avoid Detection

Jane J. Lee

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

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

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

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

Cloaking Themselves

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

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

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

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

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

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

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

Electrifying Protection?

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

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

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

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

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

Read More..

Flu Kills 4 Seniors, Sickens 700 in Boston

An early and nasty flu season has prompted a public health emergency in Boston, where health officials say 700 people have been diagnosed with the cold-weather virus. Four Bostononians -- all elderly -- have died from flu.

"This is the worst flu season we've seen since 2009, and people should take the threat of flu seriously," Boston Mayor Thomas Menino said in a statement.

This time last year the city had seen only 70 cases of influenza, The Associated Press reported. And with flu activity likely to extend into March or even April, the number will only grow.

Menino said the city is working with health care centers to offer free flu vaccines, and he urged anyone with flu-like symptoms to stay home from work or school.

"This is not only a health concern, but also an economic concern for families," he said in the statement. "I'm urging residents to get vaccinated if they haven't already."

Eighteen people have died from flu in Massachusetts, one of 41 states battling widespread influenza outbreaks. Emergency rooms across the country have been overwhelmed with flu patients, turning away some of them and others with non-life-threatening conditions for lack of space.

The proportion of people seeing their doctor for flu-like symptoms jumped to 5.6 percent from 2.8 percent in the past month, according to the CDC.

U.S. Emergency Rooms Inundated With Flu Patients Watch Video

Earliest Flu Season in a Decade: 80 Percent of Country Reports Severe Symptoms Watch Video

Northwestern Memorial Hospital in Chicago reported a 20 percent increase in flu patients every day. Northwestern Memorial was one of eight hospitals on bypass Monday and Tuesday, meaning it asked ambulances to take patients elsewhere if they could do so safely.

Dr. Besser's Tips to Protect Yourself From the Flu

Most of the hospitals have resumed normal operations, but could return to the bypass status if the influx of patients becomes too great.

"Northwestern Memorial Hospital is an extraordinarily busy hospital, and oftentimes during our busier months, in the summer, we will sometimes have to go on bypass," Northwestern Memorial's Dr. David Zich said. "We don't like it, the community doesn't like it, but sometimes it is necessary."

A tent outside Lehigh Valley Hospital in Salisbury Township, Pa., was set up to tend to the overflowing number of flu cases.

A hospital in Ohio is requiring patients with the flu to wear masks to protect those who are not infected.

State health officials in Indiana have reported seven deaths. Five of the deaths occurred in people older than 65 and two younger than 18. The state will release another report later today.

Doctors are especially concerned about the elderly and children, where the flu can be deadly.

"Our office in the last two weeks has exploded with children," Dr. Gayle Smith, a pediatrician in Richmond, Va., said

It is the earliest flu season in a decade and, ABC News Chief Medical Editor Dr. Besser says, it's not too late to protect yourself from the outbreak.

"You have to think about an anti-viral, especially if you're elderly, a young child, a pregnant woman," Besser said.

"They're the people that are going to die from this. Tens of thousands of people die in a bad flu season. We're not taking it serious enough."

Read More..

GAO calls on Postal Service to prefund retiree benefits

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

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

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

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

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

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

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

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

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

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

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

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

Report: Close the digital divide

Uncle Sam needs to get with the digital program.

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

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

Read More..

Cool change aids Australia firefighters

SYDNEY: Cooler conditions helped firefighters battling blazes across Australia Wednesday but up to 30 were still out of control, destroying a handful of homes and killing thousands of livestock.

After facing one of the highest-risk fire days in its history on Tuesday, residents in hard-hit New South Wales state woke to shifting winds that caused temperatures to drop significantly.

While the mercury topped 42 degrees Celsius (107.6 F) in Sydney on Tuesday, it was forecast to peak at just 25 degrees Wednesday, while the Victorian capital Melbourne was down to 20.

The ratings on many bushfires were downgraded with none now at the "catastrophic" level which signifies fires will be uncontrollable, unpredictable and fast-moving, and evacuation the only safe option.

But NSW Rural Fire Service commissioner Shane Fitzsimmons warned against complacency, with new fronts breaking out despite the colder weather and a total fire ban still in place.

"It is far from over when it comes to the threat to New South Wales," he told reporters in Bookham, a small village in Yass Shire west of Canberra where a fire has so far burnt out 16,000 hectares (40,000 acres).

"We need to sustain the vigilance today. We are not out of the woods yet, the risk is very real and there's a long day ahead and a forecast for a return to hot conditions toward the weekend and into next week."

More than 2,000 firefighters worked through the night tackling more than 140 blazes across New South Wales, Australia's most populous state, with 30 of those uncontained.

One home was earlier believed to have been lost in the state, at Jugiong, but Fitzsimmons said it now appeared to be an outbuilding or shed.

"It's a tribute to firefighters across the state that we haven't got any homes destroyed," he said.

"But we've seen significant agricultural losses already been tallied up, thousands of hectares of pasture and crops, and stock in the thousands lost."

New South Wales Premier Barry O'Farrell said an estimated 10,000 sheep had perished in the Yass area alone.

Wildfires are a fact of life in arid Australia, where 173 people perished in the 2009 Black Saturday firestorm, the nation's worst natural disaster of modern times.

Most are ignited naturally, but in Sydney's west three teenage boys were charged with deliberately lighting a fire in bushland on Tuesday.

Victoria state has also been experiencing extreme conditions with four homes destroyed and six people treated for minor burns or smoke inhalation in a bushfire in the farming community of Carngham, which was evacuated.

Authorities said the fire was now under control.

Prime Minister Julia Gillard said the federal and state governments were working together in the recovery effort and to support victims.

"Firstly, it's all hands on deck fighting the fires, dealing with the emergency, and then we move into the recovery phase," she said.

No deaths have so far been reported.

While it was initially believed as many as 100 people could be missing in the southern island of Tasmania after wildfires razed more than 100 homes over the weekend, police said there was confusion about movements during the crisis.

"We know there have been no significant injuries, which is amazing, and we are encouraged that we haven't found any human remains at this stage," Tasmanian acting police commissioner Scott Tilyard told Sky News.

Much of southern Australia has been enduring a summer heatwave and in the nation's arid centre the popular tourist resort of Kings Canyon south of Alice Springs was damaged after a blaze spread from the Watarrka National Park.

-AFP/ac

Read More..

Earthquake hits India's northeast

SHILLONG: An earthquake of moderate intensity jolted India's northeast Wednesday morning. Officials said there were no immediate reports of casualties or damage to property.

The quake measured 5.9 on the Richter scale and was felt at 7.11 am.

According to the Regional Seismological Centre here, the epicentre lay in the India-Myanmar border.

Besides Meghalaya and Nagaland, the other states which felt the tremors included Manipur, Assam and Arunachal Pradesh, an official said.

India's northeast is considered to be the sixth most earthquake-prone belt in the world.

Read More..

Pictures: Wildfires Scorch Australia Amid Record Heat

Photograph by Jo Giuliani, European Pressphoto Agency

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

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

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

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

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

Published January 8, 2013

Read More..