Sunday, September 30, 2012

Reuters: U.S.: Human rights in focus at U.S. Supreme Court

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Human rights in focus at U.S. Supreme Court
Oct 1st 2012, 06:01

By Jonathan Stempel

Mon Oct 1, 2012 2:01am EDT

(Reuters) - The U.S. Supreme Court, back in session today after its summer recess, is expected to take up a closely watched case that could help it decide whether American judges are empowered to hear lawsuits over human rights atrocities abroad.

The nine justices will review the reach of the Alien Tort Statute, an obscure 1789 law that was revived in the 1980s by attorneys pursuing international human rights cases.

In the past two decades more than 150 Alien Tort Statute lawsuits, accusing U.S. and foreign corporations of wrongdoing in more than 60 foreign countries, have been filed in U.S. courts, according to the U.S. Chamber of Commerce.

Last February, during the first oral arguments in Kiobel v. Royal Dutch Petroleum, some of the court's conservative justices signaled a willingness to shield corporations from liability in U.S. courts over allegations that they had aided or acquiesced to foreign governments that abused their own people.

On March 5 the justices asked both sides to reargue the case and address a larger question about the Alien Tort Statute: whether U.S. courts should be open to similar claims brought against anyone, not just corporations.

Arguments are set to take place eight years after the court in Sosa v. Alvarez-Machain, which concerned the forced abduction from Mexico of a suspect in a murder, said an Alien Tort Statute claim that rested on "a norm of international character accepted by the civilized world" could be brought in U.S. courts.

Of the cases in the new nine-month term, "Kiobel raises perhaps the largest question of them all: the relationship between America and the world," said Douglas Kmiec, a law professor at Pepperdine University in Malibu, California, and former U.S. ambassador to Malta.

"The notion that Sosa v. Alvarez-Machain left open the door for a cause of action rocks the foundation of international human rights law in a good way, because most of human rights is diplomatic and aspirational, not enforceable," he said.

Rehearings are rare and often foreshadow landmark rulings. Examples include the 1954 Brown v. Board of Education school desegregation case and the 2010 Citizens United v. Federal Election Commission case allowing unlimited spending by corporations and unions in elections.

Several dozen briefs have been filed in the case, representing groups such as Serbian genocide victims, companies such as Coca-Cola Co and mining giant Rio Tinto Plc, and countries such as Argentina, Germany and the United Kingdom.

NIGERIAN DICTATORSHIP

The Alien Tort Statute lets federal courts review "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."

Twelve Nigerian plaintiffs led by Esther Kiobel used it in litigation accusing oil companies of complicity in a crackdown on protesters - including torture, executions and other crimes against humanity - by military ruler Sani Abacha from 1992 to 1995. Kiobel's husband, Barinem, a local politician, and others were among those executed.

In the original February 28 argument, Justice Samuel Alito revealed unease about letting U.S. courts reach out to address such cases and suggested that doing so could heighten international tensions.

"What business does a case like that have in the courts of the United States?" he asked. "There's no connection to the United States whatsoever."

Meanwhile, Justice Anthony Kennedy, known for looking to international legal practices for guidance, quoted from a Chevron Corp brief stating that no other countries give their courts "universal civil jurisdiction" over human rights abuses to which those countries have no connection. Kennedy is often a swing vote on the court.

The high court has recently made it harder for other plaintiffs to sue in U.S. courts over non-U.S. conduct.

In April it said civil lawsuits brought under the 1991 Torture Victim Protection Act on behalf of victims of killings and torture can be brought only against individuals, not groups such as the Palestinian Authority.

Prior to that, in 2010, the court shut down many foreign securities fraud claims in Morrison v. National Australia Bank Ltd, in which it concluded that U.S. statutes face a "presumption against extraterritoriality."

In a court brief, Germany cited that case in urging a narrow reading of the Alien Tort Statute, saying "overbroad exercises of jurisdiction" make it harder for sovereign countries to control their affairs.

Some say others might take matters in their own hands.

"If the court says there is no limitation on jurisdiction, we can be certain that other nations will retaliate, and use their courts to expand economic or political power," said Matthew Kemner, a partner at Carroll, Burdick & McDonough in San Francisco who submitted a brief supporting Royal Dutch Petroleum on behalf of a group of international law professors.

But supporters of the Nigerian plaintiffs say resistance elsewhere to addressing human rights abuses justifies allowing U.S. courts to step in.

"People are asserting universal human rights, but there are many countries that don't provide a viable forum, so if the U.S. and similarly situated countries don't provide that forum, then those rights are meaningless," said David Sloss, a professor at Santa Clara University School of Law who submitted a brief in favor of the Kiobel plaintiffs on behalf of Navi Pillay, the U.N. High Commissioner for Human Rights.

U.S. URGES RESTRAINT

The Obama administration has urged that the court not adopt a categorical rule allowing lawsuits over extraterritorial conduct.

It argued that courts instead could on a case-by-case basis allow claims based on conduct that might interfere with U.S. foreign relations or respect for human rights, such as torture and killings that foreign governments encourage or tacitly permit.

Sloss said the Supreme Court could decide to end use of the Alien Tort Statute in "foreign-cubed" cases: foreign defendants suing foreign companies over conduct outside U.S. borders.

Kmiec said a limited ruling was possible and noted that the law was adopted at about the same time as the Constitution.

"I don't expect the court to be as categorical with the presumption against extraterritoriality as corporations hope," he said. "The pedigree of the Alien Tort Statute will have to be reconciled with our adherence to international law in the way a more modern statute might not."

The case is Kiobel v. Royal Dutch Petroleum Co, U.S. Supreme Court, No. 10-1491.

(Reporting by Jonathan Stempel; Editing by Howard Goller and Douglas Royalty)

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Reuters: U.S.: California governor vetoes "Anti-Arizona" immigration bill

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California governor vetoes "Anti-Arizona" immigration bill
Oct 1st 2012, 04:48

California Governor Jerry Brown speaks at a news conference to announce the Public Employee Pension Reform Act of 2012 at Ronald Reagan State Building in Los Angeles, California August 28, 2012.

Credit: Reuters/Mario Anzuoni

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Reuters: U.S.: Bonnie, Clyde guns stay together after high bidder pays $500,000

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Bonnie, Clyde guns stay together after high bidder pays $500,000
Oct 1st 2012, 03:34

Two pistols, shown in this RR Auction photograph, found on the bodies of famed Depression-era outlaws Bonnie Parker and Clyde Barrow after they were killed by a posse in 1934 have sold at auction for a total of $504,000at an auction in Nashua, New Hampshire on September 30, 2012. REUTERS/RR Auction/Handout

1 of 4. Two pistols, shown in this RR Auction photograph, found on the bodies of famed Depression-era outlaws Bonnie Parker and Clyde Barrow after they were killed by a posse in 1934 have sold at auction for a total of $504,000at an auction in Nashua, New Hampshire on September 30, 2012.

Credit: Reuters/RR Auction/Handout

By Jason McLure

LITTLETON, New Hampshire | Sun Sep 30, 2012 11:34pm EDT

LITTLETON, New Hampshire (Reuters) - Two pistols found on the bodies of famed Depression-era outlaws Bonnie Parker and Clyde Barrow after they were killed by a posse in 1934 have sold at auction on Sunday for $504,000.

A snub-nosed .38 special found taped to the inside of Parker's thigh with white medical tape fetched $264,000 at an auction in Nashua, New Hampshire. A Colt .45 recovered from the waistband of Barrow's pants was purchased for $240,000.

The guns owned by Parker, who died at age 23, and Barrow, who was 25, were purchased by a Texas collector who wished to remain anonymous.

"They're still iconic and their love story kind of resonates," said Bobby Livingston, vice president of RR Auction, the company that conducted the sale. "We have a romanticized vision of Bonnie and Clyde."

The hunt for the outlaw lovers captured the nation's imagination during the depths of the Great Depression. The duo were believed to have committed 13 murders and numerous bank robberies, kidnappings and car thefts during a cross-country crime spree from 1932 to 1934. Their fame was heightened by their practice of leaving glamorous photos of themselves at crime scenes, including one of Parker smoking a cigar.

A popular 1967 movie, "Bonnie and Clyde," a somewhat romanticized account of the couple's career starring Warren Beatty and Faye Dunaway, was critically acclaimed for its frank presentation of sex and violence.

Among other crimes, the two are thought to have killed police officers in Missouri, Texas and Oklahoma. They were also suspected of staging a prison break in Waldo, Texas, that left two prison guards dead in 1934.

A posse of Texas Rangers and Louisiana police killed the two in an early morning ambush in northern Louisiana in May of that year.

The guns auctioned off came from the estate of memorabilia collector Robert Davis, who had purchased them in 1986 for about $50,000 each, Livingston said.

A gold pocket watch found on Barrow's body sold for $36,000. Other items included a 1921 Morgan silver dollar taken from Barrow's jacket fetched $32,400, and one of Parker's silk stockings, taken from the couple's car after their death, which went for $11,400.

(Editing by Barbara Goldberg and Philip Barbara)

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Reuters: U.S.: Texas quake rattles nerves but causes no injuries, damage

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Texas quake rattles nerves but causes no injuries, damage
Sep 30th 2012, 22:35

Sun Sep 30, 2012 6:35pm EDT

(Reuters) - A small earthquake rattled a suburb west of Dallas over the weekend but caused no serious injuries or damage.

The U.S. Geological Survey said the magnitude 3.4 quake struck on Saturday at 11:05 p.m. local time about 2 miles north of Irving, Texas.

Pat McMacken, emergency management coordinator for Irving, told local media the quake prompted hundreds of calls to the city's 911 line but caused no injuries or damage.

McMacken did not immediately return an e-mail or phone call from Reuters on Sunday.

Irving is located about 14 miles west of downtown Dallas. (Reporting by James Kelleher; Editing by Barbara Goldberg)

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Reuters: U.S.: Bonnie, Clyde guns stay together after high bidder pays $500,000

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Bonnie, Clyde guns stay together after high bidder pays $500,000
Sep 30th 2012, 22:19

By Jason McLure

LITTLETON, New Hampshire | Sun Sep 30, 2012 6:19pm EDT

LITTLETON, New Hampshire (Reuters) - Two pistols found on the bodies of famed Depression-era outlaws Bonnie Parker and Clyde Barrow after they were killed by a posse in 1934 have sold at auction on Sunday for $504,000.

A snub-nosed .38 special found taped to the inside of Parker's thigh with white medical tape fetched $264,000 at an auction in Nashua, New Hampshire. A Colt .45 recovered from the waistband of Barrow's pants was purchased for $240,000.

The guns owned by Parker, who died at age 23, and Barrow, who was 25, were purchased by a Texas collector who wished to remain anonymous.

"They're still iconic and their love story kind of resonates," said Bobby Livingston, vice president of RR Auction, the company that conducted the sale. "We have a romanticized vision of Bonnie and Clyde."

The hunt for the outlaw lovers captured the nation's imagination during the depths of the Great Depression. The duo were believed to have committed 13 murders and numerous bank robberies, kidnappings and car thefts during a cross-country crime spree from 1932 to 1934. Their fame was heightened by their practice of leaving glamorous photos of themselves at crime scenes, including one of Parker smoking a cigar.

A popular 1967 movie, "Bonnie and Clyde," a somewhat romanticized account of the couple's career starring Warren Beatty and Faye Dunaway, was critically acclaimed for its frank presentation of sex and violence.

Among other crimes, the two are thought to have killed police officers in Missouri, Texas and Oklahoma. They were also suspected of staging a prison break in Waldo, Texas, that left two prison guards dead in 1934.

A posse of Texas Rangers and Louisiana police killed the two in an early morning ambush in northern Louisiana in May of that year.

The guns auctioned off came from the estate of memorabilia collector Robert Davis, who had purchased them in 1986 for about $50,000 each, Livingston said.

A gold pocket watch found on Barrow's body sold for $36,000. Other items included a 1921 Morgan silver dollar taken from Barrow's jacket fetched $32,400, and one of Parker's silk stockings, taken from the couple's car after their death, which went for $11,400.

(Editing by Barbara Goldberg and Philip Barbara)

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Reuters: U.S.: Youths serving life without parole get second chance in California

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Youths serving life without parole get second chance in California
Sep 30th 2012, 21:32

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Inmates are escorted by a guard through San Quentin state prison in San Quentin, California, June 8, 2012. REUTERS/Lucy Nicholson

Inmates are escorted by a guard through San Quentin state prison in San Quentin, California, June 8, 2012.

Credit: Reuters/Lucy Nicholson

By Mary Slosson

SACRAMENTO | Sun Sep 30, 2012 5:32pm EDT

SACRAMENTO (Reuters) - California Governor Jerry Brown signed into law on Sunday a measure that grants juvenile offenders sentenced to life in prison without parole the chance to petition for their release after serving 25 years.

Roughly 300 inmates in California's prison system have been sentenced to a lifetime behind bars for offenses committed as teenagers, according to the bill's sponsor, state Senator Leland Yee, a Democrat from San Francisco.

Those inmates will now be eligible for parole after serving at least 25 years in prison.

The courts can review their cases after 15 years in prison and lower their sentence to 25 years to life if the juvenile offenders demonstrate remorse and work towards rehabilitation.

"The governor's signature ... is emotional for both the supporters and the opposition, but I am proud that today California said we believe all kids, even those we had given up on in the past, are deserving of a second chance," Yee said in a statement.

The California District Attorney's Association opposed the bill, saying it applies almost exclusively to 16 or 17-year-olds convicted of first-degree murder with special circumstances, and that life without the possibility of parole is an appropriate sentence for them.

The law will take effect on January 1.

(Reporting by Mary Slosson)

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Reuters: U.S.: Ten years later, DC sniper says he felt like "scum"

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Ten years later, DC sniper says he felt like "scum"
Sep 30th 2012, 19:18

Washington area sniper suspect Lee Boyd Malvo is shown in a booking photo taken November 9, 2003 upon his transfer to the Chesapeake Correctional Center near Norfolk, Virginia. REUTERS/Chesapeake City Sheriffs Department/Handout

Washington area sniper suspect Lee Boyd Malvo is shown in a booking photo taken November 9, 2003 upon his transfer to the Chesapeake Correctional Center near Norfolk, Virginia.

Credit: Reuters/Chesapeake City Sheriffs Department/Handout

WASHINGTON | Sun Sep 30, 2012 2:19pm EDT

WASHINGTON (Reuters) - Convicted Washington sniper Lee Boyd Malvo said the devastated reaction of a victim's husband 10 years ago made him feel like "the worst piece of scum on the planet," The Washington Post reported on Sunday.

In a rare interview, Malvo, 27, urged the families of victims to try to forget about him and his partner, John Allen Muhammad, so they can get on with their lives.

Tuesday marks the 10th anniversary of the start of Malvo and Muhammad's deadly rampage in the Washington area. The pair was linked to 27 shootings across the country, including 10 fatal attacks in the Washington area over 23 days.

Malvo, who was 17 at the time, said the look on the face of victim Linda Franklin's husband when she was shot stood out in his memory of the killing spree.

Muhammad killed Franklin, a 47-year-old FBI analyst, as she and her husband Ted loaded purchases at a Home Depot in Falls Church, Virginia. Malvo, armed with binoculars, acted as spotter.

"It is the worst sort of pain I have ever seen in my life," he told the Post of Ted Franklin's eyes.

"Words do not possess the depth in which to fully convey that emotion and what I felt when I saw it ... You feel like the worst piece of scum on the planet."

Malvo is serving a life sentence without parole at a Virginia prison for killing Franklin. Muhammad, a Gulf War veteran, was executed in Virginia in 2009.

The attacks 10 years ago terrorized the U.S. capital. People were shot at random in parking lots and at grocery stores, and a 13-year-old boy was wounded outside his school.

Malvo and Muhammad carried out their attacks with a rifle fired from the trunk of a Chevy Caprice until authorities tracked them down at a Maryland rest stop.

Malvo also repeated assertions that the older Muhammad manipulated him. But he said: "I was a monster. If you look up the definition, that's what I was."

Malvo said there was no way to convey an apology to the victims' families.

"There's nothing that I can say except don't allow me and my actions to continue to victimize you for the rest of your life," he said.

"Don't allow myself or Muhammad to continue to make you a victim for the rest of your life. It isn't worth it."

(Writing by Ian Simpson; Editing by Doina Chiacu)

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Reuters: U.S.: California bans "gay conversion therapy" for minors

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California bans "gay conversion therapy" for minors
Sep 30th 2012, 16:57

By Mary Slosson

SACRAMENTO | Sun Sep 30, 2012 12:57pm EDT

SACRAMENTO (Reuters) - California Governor Jerry Brown has signed a bill barring a controversial therapy that aims to reverse homosexuality in minors, the measure's sponsor said on Sunday.

Brown's approval made California the first state to ban so-called conversion therapy. The move marked a major victory for gay rights advocates who say the therapy, also called reparative therapy, has no medical basis because homosexuality is not a disorder.

The bill's sponsor, state Senator Ted Lieu, a Democrat from Torrance, said in a statement that Brown had signed the bill. An announcement from the governor's office was expected on Sunday.

The bill prohibits children and teens under 18 from undergoing sexual orientation change efforts. It got support from the American Psychiatric Association, California Psychological Association and the California Board of Behavioral Sciences, among others.

"LGBT (lesbian, gay, bisexual and transgender) youth will now be protected from a practice that has not only been debunked as junk science, but has been proven to have drastically negative effects on their well-being," Human Rights Campaign President Chad Griffin said in a statement.

He urged other states to follow California's lead.

Lieu said the psychiatrist who pioneered the therapy, Dr. Robert Spitzer, has since renounced it and has apologized to the gay and lesbian community.

All major medical and mental health organizations including the American Medical Association have denounced the practice, supporters said.

Opponents said the bill encroached on the rights of parents to make choices for their children. They also said politicians should not regulate what they considered to be a matter for medical boards to decide.

The measure will take effect on January 1.

(Reporting by Mary Slosson; Editing by Jackie Frank)

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Reuters: U.S.: CVR Energy probing cause of Oklahoma refinery blast

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CVR Energy probing cause of Oklahoma refinery blast
Sep 30th 2012, 17:10

Sun Sep 30, 2012 1:10pm EDT

(Reuters) - CVR Energy Inc on Sunday said it launched an internal investigation into the cause of a boiler explosion at its Wynnewood, Oklahoma, refinery on Friday that killed one employee and critically injured another.

"Our focus is to determine how this accident occurred and what steps must be taken to avoid a repeat of this incident," CVR Energy Chief Executive Jack Lipinski said in a statement.

The explosion occurred on Friday at about 6:20 p.m. local time as operators were restarting a boiler that had been temporarily shut down as part of a turnaround process that allows for necessary maintenance and upkeep of operations.

The damage was limited to the boiler, CVR said. Process units and other areas of the facility were unaffected, and there is no evidence of an impact on the environmental.

Damage estimates were not immediately available.

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Reuters: U.S.: "Speed Freak" killer breaks silence on where the bodies are

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"Speed Freak" killer breaks silence on where the bodies are
Sep 30th 2012, 15:44

By Ronnie Cohen

SAN FRANCISCO | Sun Sep 30, 2012 11:44am EDT

SAN FRANCISCO (Reuters) - Chevelle "Chevy" Wheeler's mother dropped her off at Franklin High School in Stockton, California, the morning of October 7, 1985. "I love you," the 16-year-old said as she left the car. Paula Wheeler never saw her daughter again.

She still recalls in chilling detail the scene 16 years later, when the man convicted of killing her daughter and three others turned to her and her husband in court and highlighted the painful fact that their child's body had never been found.

"My parents will know where I'm at when I'm gone, but you'll never know where Chevy is," she remembers Wesley Shermantine telling them. The condemned killer long refused to offer information about his victims' fate or whereabouts.

But after more than a decade of silence on death row, Shermantine, 46, has begun to speak out about the string of murders - by his count, six dozen - he committed with his childhood friend and partner in crime, Loren Herzog.

Together they were dubbed the "Speed Freak" killers, so named for the methamphetamine-fueled violence investigators said they unleashed in and around California's farm-rich San Joaquin Valley during the 1980s and 1990s.

Authorities have long suspected the pair in as many as 22 deaths in all, mostly of young women and girls who went missing.

If Shermantine's claims prove true, he and Herzog, who committed suicide in January, could end up responsible for 72 killings, ranking them among the most prolific serial murderers in U.S. history.

Shermantine began dribbling out information late last year to a bounty hunter who offered him money in exchange for the location of burial sites.

The killer's crudely drawn maps helped lead authorities in February to skeletal remains of Chevy Wheeler and four others, finally providing a measure of closure to Paula Wheeler and some of the other victims' relatives.

But those discoveries may represent just a fraction of a much larger tally.

In a recent letter to a reporter, Shermantine put the number of victims at "24 X 3," though he has suggested Herzog was mainly responsible. And a telephone hot line investigators set up this year drew reports of about 65 missing persons who callers believed may have fallen prey to Sherman tine and Herzog.

Prosecutor Thomas Test, who tried both men, said such high numbers strike him as possibly intended for "shock value."

"We never had a number anywhere near 70," he said. But, he added, "I wouldn't discount it entirely ... Maybe there's some fame in a higher number than the next guy."

Meanwhile, efforts to locate and positively identify remains have been painstakingly slow.

A California state legislator and a retired FBI agent assigned to interview Shermantine and assess his credibility say the renewed investigation was badly hindered by ineptitude and by law enforcement agencies working at cross purposes.

A KILLER'S MAPS AND GUIDED TOUR

In a rare step authorized by the state Legislature in hopes of a breakthrough, Shermantine was briefly released under guard from San Quentin State Prison late last month to personally direct FBI agents to sites where he claimed to have disposed of more of his victims.

Law enforcement officials have remained tight-lipped about what, if anything, they discovered during his one-day outing in August, months after excavations of Shermantine's map sites first bore fruit.

In a shallow grave near the former site of Shermantine's family home in San Andreas, 100 miles northeast of San Francisco, cadaver dogs discovered Wheeler's remains and her lavender-colored sweatshirt in February. The remains of Cyndi Vanderheiden, who was 25 when she disappeared in 1998, were unearthed from a ravine a short distance away.

Although prosecutors could not produce either body when they brought Shermantine to trial, a jury convicted him in 2001 of murdering both Vanderheiden and Wheeler, along with two men shot on a pitch-black highway in 1984.

Also in February, investigators recovered three more sets of remains tied to Shermantine from an abandoned well near a former cattle ranch in the San Joaquin County town of Linden. A forensic anthropologist determined the bones belonged to Kimberly Billy, 19, JoAnn Hobson, 16, and an unidentified teenage girl.

Skeletal remains of a fetus were found there as well, along with shoes, coats, a woman's ring, a purse and nearly 1,000 bone fragments.

Neither Shermantine nor Herzog was charged in the murder of Billy, a newlywed who went missing in 1984, or Hobson, a friend of Wheeler who attended the same high school and vanished in 1985, weeks before her classmate. But in another courtroom outburst at the time of his own sentencing, Shermantine told Hobson's mother that Herzog had gone out on a date with her daughter the night she died.

A separate jury found Herzog guilty of three murders, including Vanderheiden's, but his conviction was reduced on appeal to a single count of manslaughter, and he was paroled after 11 years in prison.

Whatever Herzog knew about his victims' whereabouts, he took to his own grave in January, hanging himself just hours after the bounty hunter involved in the investigation informed him that Shermantine was starting to pinpoint grave sites.

'WE'RE TIRED OF WAITING'

Shermantine began mapping locations of remains he claimed were discarded in abandoned wells and mine shafts and buried on remote hillsides and beneath a trailer park after meeting late last year with retired FBI agent Jeffrey Rinek.

By then, a Sacramento-based bounty hunter, Leonard Padilla, had agreed to pay Shermantine up to $33,000 for information leading to remains of his victims.

But Rinek and Assemblywoman Cathleen Galgiani, a Stockton Democrat, have sharply criticized San Joaquin County Sheriff Steve Moore as impeding the effort. They accused Moore of trying to block Shermantine's visit to burial sites, then destroying evidence by allowing his deputies to recklessly dig for graves with a backhoe.

"They give more respect to dinosaurs than they do to these victims," said Rinek, who joined the investigation at the request of the FBI.

Galgiani recently formed a special task force to bring together dozens of law enforcement agencies that believe Shermantine might help them crack cold cases.

"The families of victims have waited and waited, and they wonder why nothing's happening. I know the torture it puts families through," Galgiani said.

The FBI has since taken the lead in the search for bodies, but a bureau spokesman declined to comment on the case.

Moore likewise declined to discuss specifics of the probe, though he confirmed that Shermantine visited San Joaquin County under heavy guard on August 26.

"We are now working with the FBI to further the investigation based on that activity. We stand ready to assist the FBI in making recoveries, which has been our goal all along," he said. "We will do everything we can to bring these victims home."

Sue Kizer is waiting. Her 18-year-old daughter, Gayle Marks, disappeared from Stockton in 1988. Authorities consider Shermantine and Herzog possible suspects.

"I want to get her out of wherever she is, thrown at the bottom of a dusty well or laying in the mud somewhere. I can't bear the thought," Kizer said. "Every family I'm in contact with, they all want the same thing. We want them to get out there and dig up the bodies. And we're tired of waiting."

(Editing by Tim Gaynor and Doina Chiacu)

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Reuters: U.S.: Canada beef warning broadened to new products

Reuters: U.S.
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
Canada beef warning broadened to new products
Sep 30th 2012, 15:51

Sun Sep 30, 2012 11:51am EDT

(Reuters) - A public warning in Canada on Friday about beef possibly tainted with E. coli has been updated to include additional products.

The Canadian Food Inspection Agency (CFIA) on Sunday released a list of dozens of products made from beef voluntarily recalled by XL Foods, whose plant in Brooks, Alberta, was temporarily shut by the agency after contaminated beef products sickened several people.

The list ranges from ground beef to roasts and steaks, and includes products from retailers such as Wal-Mart Stores Inc and Costco Wholesale Corp, and smaller chains.

The agency is warning the public, distributors and food service establishments not to consume, sell or serve the products, since they may be contaminated with E. Coli bacteria, which can cause potentially life-threatening illness.

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Reuters: U.S.: Preserving old ships is dear to U.S. veterans, costly for museums

Reuters: U.S.
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Preserving old ships is dear to U.S. veterans, costly for museums
Sep 30th 2012, 12:31

World War Two veteran Wilbert Gauding, 92, of Ravenna, Ohio, stands on the USS Yorktown after touring the USS Laffey with his family at Patriots Point Naval & Maritime Museum in Mount Pleasant, South Carolina September 11, 2012. REUTERS/Randall Hill

1 of 7. World War Two veteran Wilbert Gauding, 92, of Ravenna, Ohio, stands on the USS Yorktown after touring the USS Laffey with his family at Patriots Point Naval & Maritime Museum in Mount Pleasant, South Carolina September 11, 2012.

Credit: Reuters/Randall Hill

By Harriet McLeod

MOUNT PLEASANT, South Carolina | Sun Sep 30, 2012 8:28am EDT

MOUNT PLEASANT, South Carolina (Reuters) - The Patriots Point Naval and Maritime Museum, a popular tourist spot in South Carolina's Charleston Harbor, is facing the same challenge as other U.S. Navy ship museums: keeping retired, once-storied warships afloat.

Its World War Two destroyer, the USS Laffey, just had a nearly $13 million restoration. The almost 70-year-old World War Two aircraft carrier, the USS Yorktown, will need eventual repairs at a cost of tens of millions of dollars.

The USS Clamagore, a 1945 submarine at a dock nearby, could roll over in the next hurricane without extensive work to shore up its hull. While a veterans' group tries to raise enough money to save the sub, museum officials are making plans to have it towed to sea and turned into an artificial reef.

"Every ship cannot be kept as a floating museum," said Robert "Mac" Burdette, executive director at Patriots Point, which as the country's oldest aircraft carrier museum draws 230,000 visitors a year. "I wish they could. The money's not there in the world anymore."

The nation's 48 Navy ship museums are trying to balance preserving history and sentiment with the expense of maintaining huge, aging warships, a delicate act complicated by the fact that most do not get funding from the U.S. Navy or other government entities.

The ships need maintenance that was once done daily by hundreds of sailors, and a few need significant restoration to stay afloat. With the country strapped by budget woes, those ships may have to be sunk if money cannot be found.

At Independence Seaport Museum in Philadelphia, the 1892 USS Olympia, a relic of the Spanish-American War and the world's oldest steel-hulled ship still floating, needs up to $20 million worth of work, said museum marketing director Hope Corse.

The museum does not have the money and cannot raise it, so it is looking to transfer the Olympia to one of two interested groups out of state, she said.

That solution is not ideal. The ship has not been hauled out of the water since 1945, and towing it would be expensive and risky, said Jesse Lebovics, museum historic ships manager.

REPAIRS PRICEY, BUT APPRECIATED

Other museums have funded costly repairs through loans from state governments or a combination of ticket sales, donations, grants and events. The Navy does not help finance the ships it began donating to museums in 1948, museum officials said.

"They have to fund the fighting ships, the ones that are still there," Burdette said.

In June, the USS Texas, a 100-year-old World War One battleship near Houston, sprang a leak. "And it led to many more leaks," said Andy Smith, ship manager for the Texas Parks and Wildlife Department, which operates the ship museum. "We took on a lot of water."

Repair and environmental cleanup cost $2 million, Smith said. With funds that include a $25 million state bond, the ship will now get major repairs, he said.

South Carolina's Patriots Point is a state agency but receives no taxpayer dollars toward its $9.5 million annual budget, Burdette said. The museum was able to restore the Laffey over the course of three years with help from a $9.2 million loan from the state.

"It's beautiful," said 92-year-old Wilbert Gauding of Ravenna, Ohio, during a recent visit to the ship.

An original crew member, Gauding said he was a machinist's mate second class aboard the Laffey on D-Day, June 6, 1944. "We escorted the boats across the (English) Channel," he said. "We did a lot of shelling of the pillboxes on the beach over there."

"If you don't bring this home to the next generation, they'll forget what his generation did for us - the sacrifice they made for our freedom," said Gauding's daughter, Pat Goodhart, 63.

On the nearby Yorktown, rust streaks the hull and bulkheads. Belowdecks where the public is not allowed, painted green Xs mark corroded deck metal that might not bear a person's weight. Most of the flight deck and a number of steel hull plates on the 888-foot (270-metre) carrier will eventually need to be replaced.

To those who might suggest sinking the old warships rather than paying for the repairs, Burdette answers that doing so with the Yorktown could cost as much as $60 million. "We have married her for better or worse for a lifetime," he said.

Having opted to focus on raising money for its centerpiece exhibit, Patriots Point hopes to find a buyer who would pay to sink the Cold War-era Clamagore within the next few years in order to create an artificial reef and relieve the museum of that cost burden.

The decision upset hundreds of Clamagore veterans, who have responded by raising about $30,000 toward the $3 million needed to save the submarine.

They are not optimistic about the likely success of their efforts.

"I don't think we're going to be able to come up with the bucks," said veteran George Bass, 86, of Salisbury, North Carolina, who served for nine years on the Clamagore. "It means everything to us. It would be just like losing a member of your family."

(Editing by Colleen Jenkins and Peter Cooney)

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Saturday, September 29, 2012

Reuters: U.S.: Los Angeles drivers see minimal traffic in "Carmageddon 2"

Reuters: U.S.
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Los Angeles drivers see minimal traffic in "Carmageddon 2"
Sep 30th 2012, 03:07

1 of 2. Construction crews demolish the north side of the Mulholland Bridge over the closed 405 freeway in Los Angeles, California September 29, 2012.

Credit: Reuters/Gina Ferazzi /POOL

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Reuters: U.S.: Montana governor sees big savings with new state health clinic

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Montana governor sees big savings with new state health clinic
Sep 29th 2012, 20:40

Montana Governor Brian Schweitzer is seen at the Montana State Capitol in Helena, Montana June 2, 2008. REUTERS/Adam Tanner

Montana Governor Brian Schweitzer is seen at the Montana State Capitol in Helena, Montana June 2, 2008.

Credit: Reuters/Adam Tanner

By Dan Boyce

HELENA, Montana | Sat Sep 29, 2012 4:40pm EDT

HELENA, Montana (Reuters) - Montana, looking to cut down on state healthcare costs, has opened the nation's first government-run clinic for state employees in a program the Rocky Mountain state's governor says could ultimately cover a much broader range of people.

Democratic Governor Brian Schweitzer says the primary care clinic in the state capital Helena will keep the area's 11,000 state workers and their dependents healthier while saving the state $20 million over five years.

The move coincides with a national debate over the role of government in healthcare and over President Barack Obama's Affordable Care Act, under which more than 30 million people would become eligible to buy subsidized private insurance or get coverage through Medicaid, the government program for the poor, in 2014.

Republican opponents of that law better known to the public as "Obamacare," which also requires most Americans to have some form of health insurance, say it amounts to government intrusion in the private lives of individuals.

Under Montana's separate program, state employees were quickly booking slots for the privately operated clinic, which the state expects to generate savings by reducing duplicate testing for patients and by paying doctors by the hour rather than by the procedure.

"We're completely full," Schweitzer said on a recent tour of the facility ahead of its opening, the first of three scheduled to open this year.

Since starting up late last month, the clinic has seen more than 1,000 patients and was operating at 98-percent capacity, his office said.

Employees who use its services will see no change in coverage for visiting doctors outside of the clinic, although it is only at the new health clinic where they will be charged neither a co-pay nor a deductible.

"I can afford this," patient Sarah Yancy said with a laugh.

"There are a lot of times I didn't go to the doctor when I wanted to go to the doctor because I knew I'd have to pay for it," said Yancy, who works in administrative support with the Montana Department of Natural Resources and Conservation.

Schweitzer has been critical of Obama's healthcare overhaul, saying it did not do enough to control costs, while stopping short of outright opposition. He unveiled his own plan for opening state health clinics in February and then set an aggressive schedule to have the first one open by late summer.

The state hopes to start two other clinics in cities such as Billings, Missoula or Bozeman later this year.

The program is not designed to serve the state population as a whole. But if successful, the clinics could be opened to recipients of Medicare, the government health program for the elderly, as well as Medicaid, Schweitzer said.

"This is a game changer," said healthcare consultant Mike La Penna, who has been studying the on-site clinic industry for the last decade and recently published a book on the subject. "Other states will be watching this closely."

Counties and cities in other parts of the country have opened similar clinics serving municipal or county workers, but never before on the state level, La Penna said.

PRIVATE CONTRACTOR

The state is contracting with the private Tennessee-based Care Here to operate the clinic. Physician assistant Cassie Springer says she wanted to work at the center because she liked the preventive care model.

"We're looking at bringing in patients regularly, staying on top of their healthcare," she said about the clinic, which focuses on primary care services and nutrition counseling.

The state, which already pays workers' healthcare costs directly to providers through state coffers, saves money if this prevents more expensive treatments or emergency room visits down the line. Staff are also paid salaries or by the hour, not by the procedure, which officials say should cut down on redundant or unnecessary procedures.

An analysis of the health clinic plan shows Montana saving $100 million over the next five years "based on full implementation for all clinics across the state," according to state Health Care and Benefits Division Administrator Russ Hill.

The funds for the clinic come from the same pot that Montana already uses to cover healthcare costs, and Schweitzer's administration says the Helena clinic should pay for itself in the first year.

Schweitzer has asked U.S. Health and Human Services Secretary Kathleen Sebelius for permission to import lower-cost prescription drugs from Canada for the clinic. Similar requests he has made on a statewide basis have not been approved.

Schweitzer, who will be leaving office at the end of this year due to term limits, has been getting criticism from opponents of Obama's Affordable Care Act, the president's signature healthcare reform that has been assailed during the campaign by Republican presidential candidate Mitt Romney.

"The only thing this has to do with the Affordable Care Act is we are challenging expenses here in Montana because they didn't challenge expenses in Washington, D.C.," Schweitzer said of his program, which is patterned after on-site clinics used by some private sector companies for their employees.

State Republican leaders, however, have expressed mixed feelings about the effort. Republican gubernatorial candidate Rick Hill said he does not believe it will save the state money, and he is opposed to asking state employees to leave their doctor for a government-run clinic.

Republican State Senator Dave Lewis said his problem was not with the clinic itself.

"The issue is whether or not a governor unilaterally has the authority to make that kind of policy change," Lewis said.

He is working on a bill for the next legislative session that would prevent the governor's office from having that ability in the future. (Additional reporting by Jonathan Weber in San Francisco; Editing by Cynthia Johnston and Xavier Briand)

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