Officials warn holiday revelers against firing weapons

By Richard Winton, Los Angeles Times

December 29, 2012, 8:59 p.m.

Los Angeles officials are warning that anyone discharging a firearm into the air to celebrate the new year not only risks killing someone but could also face a lengthy prison sentence.

"Firing into the air weapons in celebration puts innocent lives at risk," Mayor Antonio Villaraigosa said last week. "Nothing ruins the holiday season like an errant bullet coming down and killing an innocent."

Villaraigosa said the misuse of firearms is on everyone's mind in the wake of the Newtown, Conn., school shooting that left six adults and 20 children dead. The mayor vowed that authorities will pursue criminal charges for anyone caught in possession of a weapon in public.

For more than a decade, city and county leaders have tried to quell celebratory gunfire.

Los Angeles Police Chief Charlie Beck said a bullet discharged into the air falls at a rate of 300 to 700 mph, depending on the weapon — "easily enough to crack the human skull."

"Please celebrate New Year's with your family, not in [Sheriff] Lee Baca's jail or my jail," Beck said, pledging to capture anyone firing a weapon. "Firing a gun in the air isn't only dangerous and a crime but socially unacceptable."

L.A. County Dist. Atty. Jackie Lacey said that anyone caught firing a weapon — even if they don't hit someone — will face a felony charge and a fine of up to $10,000 and a possible three-year sentence. A conviction would be considered a strike offense and the suspect would lose the right to own a firearm.

Supervisor Mark Ridley-Thomas said that in some county areas, special equipment has been deployed to spot shots within seconds and track their locations.

"The madness of gun violence has to stop," he said. "This is a matter of physics. What goes up must come down."

richard.winton@latimes.com

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FBI removes many redactions in Marilyn Monroe file

LOS ANGELES (AP) — FBI files on Marilyn Monroe that could not be located earlier this year have been found and re-issued, revealing the names of some of the movie star's communist-leaning friends who drew concern from government officials and her own entourage.

But the records, which previously had been heavily redacted, do not contain any new information about Monroe's death 50 years ago. Letters and news clippings included in the files show the bureau was aware of theories the actress had been killed, but they do not show that any effort was undertaken to investigate the claims. Los Angeles authorities concluded Monroe's death was a probable suicide.

Recently obtained by The Associated Press through the Freedom of Information Act, the updated FBI files do show the extent the agency was monitoring Monroe for ties to communism in the years before her death in August 1962.

The records reveal that some in Monroe's inner circle were concerned about her association with Frederick Vanderbilt Field, who was disinherited from his wealthy family over his leftist views.

A trip to Mexico earlier that year to shop for furniture brought Monroe in contact with Field, who was living in the country with his wife in self-imposed exile. Informants reported to the FBI that a "mutual infatuation" had developed between Field and Monroe, which caused concern among some in her inner circle, including her therapist, the files state.

"This situation caused considerable dismay among Miss Monroe's entourage and also among the (American Communist Group in Mexico)," the file states. It includes references to an interior decorator who worked with Monroe's analyst reporting her connection to Field to the doctor.

Field's autobiography devotes an entire chapter to Monroe's Mexico trip, "An Indian Summer Interlude." He mentions that he and his wife accompanied Monroe on shopping trips and meals and he only mentions politics once in a passage on their dinnertime conversations.

"She talked mostly about herself and some of the people who had been or still were important to her," Field wrote in "From Right to Left." ''She told us about her strong feelings for civil rights, for black equality, as well as her admiration for what was being done in China, her anger at red-baiting and McCarthyism and her hatred of (FBI director) J. Edgar Hoover."

Under Hoover's watch, the FBI kept tabs on the political and social lives of many celebrities, including Frank Sinatra, Charlie Chaplin and Monroe's ex-husband Arthur Miller. The bureau has also been involved in numerous investigations about crimes against celebrities, including threats against Elizabeth Taylor, an extortion case involving Clark Gable and more recently, trying to solve who killed rapper Notorious B.I.G.

The AP had sought the removal of redactions from Monroe's FBI files earlier this year as part of a series of stories on the 50th anniversary of Monroe's death. The FBI had reported that it had transferred the files to a National Archives facility in Maryland, but archivists said the documents had not been received. A few months after requesting details on the transfer, the FBI released an updated version of the files that eliminate dozens of redactions.

For years, the files have intrigued investigators, biographers and those who don't believe Monroe's death at her Los Angeles area home was a suicide.

A 1982 investigation by the Los Angeles District Attorney's Office found no evidence of foul play after reviewing all available investigative records, but noted that the FBI files were "heavily censored."

That characterization intrigued the man who performed Monroe's autopsy, Dr. Thomas Noguchi. While the DA investigation concluded he conducted a thorough autopsy, Noguchi has conceded that no one will likely ever know all the details of Monroe's death. The FBI files and confidential interviews conducted with the actress' friends that have never been made public might help, he wrote in his 1983 memoir "Coroner."

"On the basis of my own involvement in the case, beginning with the autopsy, I would call Monroe's suicide 'very probable,'" Noguchi wrote. "But I also believe that until the complete FBI files are made public and the notes and interviews of the suicide panel released, controversy will continue to swirl around her death."

Monroe's file begins in 1955 and mostly focuses on her travels and associations, searching for signs of leftist views and possible ties to communism. One entry, which previously had been almost completely redacted, concerned intelligence that Monroe and other entertainers sought visas to visit Russia that year.

The file continues up until the months before her death, and also includes several news stories and references to Norman Mailer's biography of the actress, which focused on questions about whether Monroe was killed by the government.

For all the focus on Monroe's closeness to suspected communists, the bureau never found any proof she was a member of the party.

"Subject's views are very positively and concisely leftist; however, if she is being actively used by the Communist Party, it is not general knowledge among those working with the movement in Los Angeles," a July 1962 entry in Monroe's file states.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP

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Creating the illusion of snow becomes big business for MagicSnow

On a recent Sunday morning in Los Angeles, Adam Williams and his crew set up their blowers outside a house in Hancock Park and blanketed the yard in 20 tons of snow.

Using 15-pound blocks of crushed ice, it took Williams and his crew about 2 1/2 hours to cover the front lawn and build half a dozen snowmen in a commercial for the cable channel FearNet. In the ad, a little girl cheerfully entombs someone who appears to be her father inside one of the snowmen.

To create the effect, producers of the commercial turned to MagicSnow Systems, a 10-year-old Los Angeles company. MagicSnow is best known for its twice daily snow show at the Grove shopping center that runs through New Year's Eve, but the rest of the time it specializes in manufacturing snow effects for commercial shoots, music videos, concerts and shows at malls, Hollywood premieres, and even cruise ships.

PHOTOS: Hollywood backlot moments

"When I first moved out here, I missed a lot of things about the holidays, including the snow," said Williams, founder and president of MagicSnow. "What we're doing is filling the void by providing the experience of snow in a warm-weather climate. It's not a hard concept to sell."

Williams, raised in a small town outside of Cleveland, moved to Los Angeles to pursue his career as a magician, performing at the Magic Castle in Hollywood. During a lull in work, he began to think of ways he could expand his act by creating the illusion of something that was a novelty in Los Angeles — snow.

"I never set out to start a special effects business,'' said Williams, 35. "My goal was to become a world-famous magician. I realized when I moved out here that that wasn't a realistic goal for me, but that didn't mean I had to give up my dream of creating illusions. I still feel like I'm a magician."

Williams initially used confetti to create the snow illusion, but that proved too messy to clean up. The type of simulated "snow" used in the film industry collects on the ground. Williams needed a snow-like substance that could be used in crowds, would vanish quickly and not leave a residue.

He and a chemist friend spent weeks experimenting with various ingredients in his kitchen, shooting samples into his yard from his back porch to test the mixture. Eventually, he developed his proprietary formula made of water and a foam substance. MagicSnow also makes real snow, which was used in the FearNet ad.

Williams launched his company in 2002 and got his first big break when he pitched his idea of putting on a Christmas magic show with falling snow to Rick Caruso, developer of the newly opened Grove in the Fairfax district.

GRAPHIC: Faces to watch in 2013

"Rick said he was more interested in the snow than the magic," said Williams. "He said, 'I'd love to have you come in and create this snowfall illusion,' so I jumped at the opportunity."

The fake snow, blown from rooftops and choreographed to Christmas music and the Grove's nightly fountain show, was a hit with shoppers, prompting Caruso to add MagicSnow shows to his other shopping mall, the Americana at Brand in Glendale.

"Adam and his team have the exceptional ability to transform spaces with their customized snowfall experiences, making our nightly holiday snow shows magical," said Paul Kurzawa, chief operating officer of Caruso Affiliated. With the exposure from the Grove, Williams' company expanded rapidly, installing snow-making systems in 55 shopping centers across the country operated by General Growth Properties. MagicSnow also made snow for the Rockettes at Radio City Music Hall in New York and for numerous live television shows, concerts and movie premieres, including the 2003 premiere of "Elf" at the Grove.

More recently he has expanded into the television business, doing commercials for Land Rover and FearNet.

"It just snowballed," Williams said.

MagicSnow, which also sells and installs snow-making equipment, will generate about $3 million a year in revenue in 2012, up about 25% over the prior year, he said.

His company has gone global, installing snow-making systems for clients in Indonesia, Germany, Brazil and Mexico, where his equipment is used at a shopping center in the Polanco area of Mexico City — a deal that started after the son of the shopping center developer saw the snow show at the Grove and told his father about it.

MagicSnow's corporate clients include Princess Cruises and toy maker Mattel Inc., which recently recruited Williams and his team to create a winter wonderland theme for underprivileged children at the company's El Segundo headquarters.

Using more than 375 tons of snow supplied by MagicSnow, the volunteers and children built nearly 1,300 snowmen in an hour.

An adjudicator from Guinness World Records chronicled the work but disqualified about 20 snowmen. The reason: Their arms fell off, they didn't have a carrot nose or they were simply too short, Williams said.

"Unfortunately, we fell just short of a world record," he said.

richard.verrier@latimes.com

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Jean Harris dies at 89; killer of 'Scarsdale Diet' doctor

Jean Harris, the onetime headmistress of an elite girls' school whose trial in the fatal 1980 shooting of the celebrity diet doctor who jilted her generated front-page headlines and national debates about whether she was a feminist martyr or vengeful murderer, has died. She was 89.

Harris, who spent nearly 12 years in prison for the shooting death of her longtime boyfriend, "Scarsdale Diet" doctor Herman "Hy" Tarnower, died Sunday at an assisted-living facility in New Haven, Conn., of complications related to old age, her son James said.

Convicted in 1981 of second-degree murder, Harris, who had at least two heart attacks in prison, was granted clemency on her 15 years-to-life sentence on Dec. 29, 1992, by then-New York Gov. Mario Cuomo, who cited her health and advancing age.

"I honestly thought I would die in prison," Harris said after her release.

Harris, then 68, took up residence in a New Hampshire cabin overlooking Vermont's Green Mountains, where she walked her dog, wrote and raised money for a program to help children of inmates at New York's Bedford Hills Correctional Center, where she was imprisoned after her Feb. 28, 1981, conviction.

The March 10, 1980, shooting of Tarnower — which she claimed throughout her life was her own suicide gone awry — was one of the most sensational crimes of its era.

It riveted the nation, not only because of its titillating combination of sex and violence. It raised what many experts said were important sociological issues, with some feminists rallying to Harris as a symbol of society's disregard for the plight of older women and others arguing that her case had nothing at all to do with feminism.

Women's movement icon Betty Friedan dismissed Harris as a "pathetic masochist" for staying with a man who mistreated her. But author Shana Alexander, who wrote a book on the case, described Harris as the "psychological victim of a domineering person."

Whether morality play or soap opera, the case inspired two TV movies: "The People vs. Jean Harris" (1981), in which Harris was portrayed by Ellen Burstyn, and "Mrs. Harris" (2005), which starred Annette Bening.

In 1980, Harris was the 56-year-old headmistress of the fancy, private Madeira School overlooking the Potomac River in McLean, Va. Tarnower was a 69-year-old cardiologist and best-selling author of a book on a high-protein, low-fat diet that he developed for heart patients at his medical center in well-to-do Scarsdale, N.Y.

When they met in 1966, they were so taken with each other that Tarnower — a lifelong bachelor — gave Harris a 4-carat diamond engagement ring. He quickly changed his mind, telling her that he couldn't stop seeing other women.

Harris agreed to this condition, and through the years became what she wryly described as "the broad-he-brought" to dinner parties. By 1980 the 14-year relationship was on the skids as Harris became embittered watching Tarnower, in the wake of the Scarsdale diet book, growing ever more rich and famous.

The last straw for Harris: Tarnower was "wavering" about whether to invite her or a younger woman, Lynne Tryforos, to a dinner honoring him.

After one particularly harrowing week at the school when she expelled four seniors, Harris decided on suicide. She wrote notes to her grown sons, put her papers in order, packed a .32-caliber handgun in her purse and drove five hours from Virginia to Tarnower's six-acre estate in Purchase, N.Y.

She later testified that she wanted to see her lover one last time before killing herself at the estate's duck pond. But her plans went awry after she let herself into his home, found Tarnower asleep and spotted a negligee and hair rollers in a bathroom — evidence that her rival, 38-year-old Tryforos, had recently stayed over.

Harris threw the hair rollers at a window, breaking it, and also broke a cosmetic mirror. The ruckus woke Tarnower, who struck her, Harris said. She said that she challenged him to "hit me again, Hy, make it hard enough to kill," but he withdrew. Feeling the revolver in her pocketbook, she pulled out the gun and said to him, "Never mind, I'll do it myself."

But, she testified, when she raised the gun to her temple, he grabbed the weapon, which went off and wounded him in the hand, giving her time to grab the gun again; she later testified that she thought she had time to kill herself.

In the ensuing struggle, Tarnower was struck by bullets three more times — in the chest, arm and back. A fifth bullet also was fired. Harris maintained throughout her life that Tarnower was trying to prevent her from killing herself.

The call to the White Plains police was made at 10:56 p.m. by the doctor's housekeeper, who lived on the estate. The March 12 four-column headline in the New York Times read " 'Scarsdale Diet' Doctor Is Slain; Headmistress Is Charged."

The highly publicized 64-day trial that followed included 92 witnesses — most disastrously, Harris herself.

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It’s Easy to Save Videos From Facebook Poke Permanently

Apps like Snapchat and Facebook Poke let users send short messages, photos or videos that automatically self-destruct after a few seconds. However, it’s actually very easy for a recipient to save some of those messages permanently — and without the sender knowing.

Both apps will alert the sender if the recipient takes a screengrab of whatever was sent, of course, but by connecting your phone to a PC or Mac, the messages can be secretly offloaded without the sender knowing — a possibility first reported by BuzzFeed. For an iPhone, all you’ll need is a third-party file manager like iExplorer.

[More from Mashable: Facebook in 2013: More Growing Pains Ahead]

For Poke, only videos can be permanently stored in this manner, and only videos that you haven’t already viewed. But it’s very easy. Once you’ve installed your file manager, connect your iPhone and you should see a list of your apps. Select the Poke folder, then navigate to Library>Caches>FBStore>315_14_>MediaCache. There you should see every Poke video that you haven’t yet watched. (See screencap below.)

[More from Mashable: NYC Releases App to Tell You When the Next Subway Is Coming]

From there, all you need to do is drag and drop the files to any other folder on your computer to copy and store them. After that, you can open the file in Poke, let it self-destruct, and the sender will be none the wiser.

Although permanent storage only works for videos in Poke, performing similar steps for Snapchat will let you save both videos and photos.

While it’s a bit surprising that it’s so easy to save messages that are ostensibly deleted permanently, it may be a stretch to characterize this file caching as a “vulnerability” of the apps, which are generally intended for casual use. Facebook‘s official statement on the matter appears to take this stance:

“Poke is a fun and easy way to communicate with your friends and is not designed to be a secure messaging system. While Pokes disappear after they are read, there are still ways that people can potentially save them. For example, you could take a screenshot of a photo, in which case the sender is notified. People could also take a photo of a photo you sent them, or a video of a video, with another camera. Because of this, people should think about what they are sending and share responsibly.”

What do you think of the potential for someone to save a Facebook Poke or Snapchat message? Let us know in the comments.

Top image courtesy of iStockphoto, JimmyAnderson

Facebook Poke: Startup Screen

Poke, the new iPhone app from Facebook, lets you send short messages, photos and videos to friends that automatically self destruct after a few seconds. If you have the Facebook app on your phone already, logging in is effortless.

Click here to view this gallery.

This story originally published on Mashable here.

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FBI removes many redactions in Marilyn Monroe file

LOS ANGELES (AP) — FBI files on Marilyn Monroe that could not be located earlier this year have been found and re-issued, revealing the names of some of the movie star's communist-leaning friends who drew concern from government officials and her own entourage.

But the records, which previously had been heavily redacted, do not contain any new information about Monroe's death 50 years ago. Letters and news clippings included in the files show the bureau was aware of theories the actress had been killed, but they do not show that any effort was undertaken to investigate the claims. Los Angeles authorities concluded Monroe's death was a probable suicide.

Recently obtained by The Associated Press through the Freedom of Information Act, the updated FBI files do show the extent the agency was monitoring Monroe for ties to communism in the years before her death in August 1962.

The records reveal that some in Monroe's inner circle were concerned about her association with Frederick Vanderbilt Field, who was disinherited from his wealthy family over his leftist views.

A trip to Mexico earlier that year to shop for furniture brought Monroe in contact with Field, who was living in the country with his wife in self-imposed exile. Informants reported to the FBI that a "mutual infatuation" had developed between Field and Monroe, which caused concern among some in her inner circle, including her therapist, the files state.

"This situation caused considerable dismay among Miss Monroe's entourage and also among the (American Communist Group in Mexico)," the file states. It includes references to an interior decorator who worked with Monroe's analyst reporting her connection to Field to the doctor.

Field's autobiography devotes an entire chapter to Monroe's Mexico trip, "An Indian Summer Interlude." He mentions that he and his wife accompanied Monroe on shopping trips and meals and he only mentions politics once in a passage on their dinnertime conversations.

"She talked mostly about herself and some of the people who had been or still were important to her," Field wrote in "From Right to Left." ''She told us about her strong feelings for civil rights, for black equality, as well as her admiration for what was being done in China, her anger at red-baiting and McCarthyism and her hatred of (FBI director) J. Edgar Hoover."

Under Hoover's watch, the FBI kept tabs on the political and social lives of many celebrities, including Frank Sinatra, Charlie Chaplin and Monroe's ex-husband Arthur Miller. The bureau has also been involved in numerous investigations about crimes against celebrities, including threats against Elizabeth Taylor, an extortion case involving Clark Gable and more recently, trying to solve who killed rapper Notorious B.I.G.

The AP had sought the removal of redactions from Monroe's FBI files earlier this year as part of a series of stories on the 50th anniversary of Monroe's death. The FBI had reported that it had transferred the files to a National Archives facility in Maryland, but archivists said the documents had not been received. A few months after requesting details on the transfer, the FBI released an updated version of the files that eliminate dozens of redactions.

For years, the files have intrigued investigators, biographers and those who don't believe Monroe's death at her Los Angeles area home was a suicide.

A 1982 investigation by the Los Angeles District Attorney's Office found no evidence of foul play after reviewing all available investigative records, but noted that the FBI files were "heavily censored."

That characterization intrigued the man who performed Monroe's autopsy, Dr. Thomas Noguchi. While the DA investigation concluded he conducted a thorough autopsy, Noguchi has conceded that no one will likely ever know all the details of Monroe's death. The FBI files and confidential interviews conducted with the actress' friends that have never been made public might help, he wrote in his 1983 memoir "Coroner."

"On the basis of my own involvement in the case, beginning with the autopsy, I would call Monroe's suicide 'very probable,'" Noguchi wrote. "But I also believe that until the complete FBI files are made public and the notes and interviews of the suicide panel released, controversy will continue to swirl around her death."

Monroe's file begins in 1955 and mostly focuses on her travels and associations, searching for signs of leftist views and possible ties to communism. One entry, which previously had been almost completely redacted, concerned intelligence that Monroe and other entertainers sought visas to visit Russia that year.

The file continues up until the months before her death, and also includes several news stories and references to Norman Mailer's biography of the actress, which focused on questions about whether Monroe was killed by the government.

For all the focus on Monroe's closeness to suspected communists, the bureau never found any proof she was a member of the party.

"Subject's views are very positively and concisely leftist; however, if she is being actively used by the Communist Party, it is not general knowledge among those working with the movement in Los Angeles," a July 1962 entry in Monroe's file states.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP

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Memphis Aims to Be a Friendlier Place for Cyclists

Lance Murphey for The New York Times

The Shelby Farms Greenline, which replaced a Memphis rail line.

MEMPHIS — John Jordan, a 64-year-old condo appraiser here, has been pedaling his cruiser bicycle around town nearly every day, tooling about at lunchtime or zipping to downtown appointments.

“It’s my cholesterol-lowering device,” said Mr. Jordan, clad in a leather vest and wearing a bright white beard. “The problem is, the city needs to educate motorists to not run over” the bicyclists.

Bike-friendly behavior has never come naturally to Memphis, which has long been among the country’s most perilous places for cyclists. In recent years, though, riders have taken to the streets like never before, spurred by a mayor who has worked to change the way residents think about commuting.

Mayor A. C. Wharton Jr., elected in 2009, assumed office a year after Bicycling magazine named Memphis one of the worst cities in America for cyclists, not the first time the city had received such a biking dishonor. But Mr. Wharton spied an opportunity.

In 2008, Memphis had a mile and a half of bike lanes. There are now about 50 miles of dedicated lanes, and about 160 miles when trails and shared roads are included. The bulk of the nearly $1 million investment came from stimulus money and other federal sources, and Shelby County, which includes Memphis, was recently awarded an additional $4.7 million for bike projects.

In June, federal officials awarded Memphis $15 million to turn part of the steel truss Harahan Bridge, which spans the Mississippi River, into a bike and pedestrian crossing. Scheduled to open in about two years, the $30 million project will link downtown Memphis with West Memphis, Ark.

“We need to make biking part of our DNA,” Mr. Wharton said. “I’m trying to build a city for the people who will be running it 5, 10, 15 years from now. And in a region known to some for rigid thinking, the receptivity has been remarkable.”

City planners are using bike lanes as an economic development tool, setting the stage for new stores and enhanced urban vibrancy, said Kyle Wagenschutz, the city’s bike-pedestrian coordinator, a position the mayor created.

“The cycling advocates have been vocal the past 10 years, but nothing ever happened,” Mr. Wagenschutz said. “It took a change of political will to catalyze the movement.”

Memphis, with a population of 650,000, is often cited among the unhealthiest, most crime-ridden and most auto-centric cities in the country. Investments in bicycling are being viewed here as a way to promote healthy habits, community bonds and greater environmental stewardship.

But as city leaders struggle with a sprawling landscape — Memphis covers about the same amount of land as Dallas, yet has half the population — their persistence has run up against another bedeviling factor: merchants and others who are disgruntled about the lanes.

A clash between merchants and bike advocates flared last year after the mayor announced new bike lanes on Madison Avenue, a commercial artery, that would remove two traffic lanes. Many merchants, like Eric Vernon, who runs the Bar-B-Q Shop, feared that removing car lanes would hurt businesses and cause parking confusion. Mr. Vernon said that sales had not fallen significantly since the bike lanes were installed, but that he thought merchants were left out of the process.

On McLean Boulevard, a narrow residential strip where roadside parking was replaced by bike paths, homeowners cried foul. The city reached a compromise with residents in which parking was outlawed during the day but permitted at night, when fewer cyclists were out. Mr. Wagenschutz called the nocturnal arrangement a “Cinderella lane.”

Some residents, however, were not mollified. “I’m not against bike lanes, but we’re isolated because there’s no place to park,” said Carey Potter, 53, a longtime resident who started a petition to reinstate full-time parking.

The changes have been panned by some members of the City Council. Councilman Jim Strickland went as far as to say that the bike signs that dot the streets add “to the blight of our city.”

Tensions aside, the mayor’s office says that the potential economic ripple effect of bike lanes is proof that they are a sound investment.

A study in 2011 by the University of Massachusetts found that building bike lanes created more jobs — about 11 per $1 million spent — than any other type of road project. Several bike shops here have expanded to accommodate new cyclists, including Midtown Bike Company, which recently moved to a location three times the size of its former one. “The new lanes have been great for business,” said the manager, Daniel Duckworth.

Wanda Rushing, a professor at the University of Memphis and an expert on urban change in the South, said bike improvements were of a piece with a development model sweeping the region: bolstering transportation infrastructure and population density in the inner city.

“Memphis is not alone in acknowledging that sprawl is not sustainable,” Dr. Rushing said. “Economic necessity is a pretty good melding substance.”

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The middle class languishes as the super-rich thrive

The good news for the U.S. economy as we enter 2013 is that the election's over. The bad news is that the election's over.

What's good about it is that both parties in Washington can shed their preoccupation with the campaign theatrics that dominated our long national voyage from pre-primary jockeying through election day.

Yet the most dispiriting thing about the campaign's end is that the economic challenges facing the majority of Americans remain unaddressed. As these words are being written, the end-of-year deficit debate in Washington remains largely unresolved.

UC Berkeley economist J. Bradford DeLong observed last week that we're not heading toward the fiscal cliff so much as waiting for the "austerity bomb" to detonate. The lighted fuse on that bomb, he computed, has already cut likely growth in real gross domestic product for 2013 to 2.5% from 3%.

The policy positions on both sides presage smaller government, which is not the right prescription for an economy still struggling to recover. There will be lower federal spending at a time when the government participation in the economy is still crucial; there will be less take-home pay for the middle class and the working class, who pump almost everything they have into the marketplace.

The disagreement in Washington is no longer whether to cut, but where and by how much; and whether the seemingly inevitable end of the payroll tax holiday for working men and women will be balanced by continuation of their reduced income tax rates.

Notwithstanding the election results, the course of negotiations in Washington suggests that in 2013, the Americans taking it on the chin will be people defined by Mitt Romney as the 47% who refuse to "take personal responsibility … for their lives," but who are defined by more thoughtful observers of the American masses as seniors, veterans, disabled persons and the unemployed or underemployed. The progressive principles defended by President Obama on the stump, such as the sanctity of benefits promised the elderly and infirm, will be put on the table as bargaining chips to purchase modestly higher tax rates for the wealthy.

Meanwhile, the corporate CEOs who are marching on Washington under the banner of "fixthedebt.org," a product of the think tank network of Wall Street billionaire Peter G. Peterson, will continue to insist that the deficit be cut by almost any means, except raising tax rates on themselves. (Among the suggestions from fixthedebt's parent organization for a "downpayment" on tax reform: "eliminating preferences for corporate jets and second homes." Talk about shared sacrifice!)

One year ago, I wrote in this very space that candidates on both sides of the partisan divide were poised to make the economic plight of the middle class the "centerpiece of their campaigns in the coming year."

That prediction proved true. The middle-class economy was the "centerpiece." And it got the same attention from the candidates as the floral decoration at a banquet table does from the guests, who praise its elegance then grumble that it blocks their reach for the butter dish. The terms "middle class" and "middle income" were uttered by Obama or candidate Romney 63 times in their three debates, and by Vice President Joe Biden and his GOP challenger Paul Ryan an additional 33 times in theirs.

Yet the election has yielded no sign of a remedy for the middle-class malady. The sickness is made up in equal parts of snail's-pace job growth in the private sector; wholesale cutbacks of teaching jobs and other middle-class positions in the public sector; growing income inequality that narrows the economic base for all; a continuing overhang of excessive mortgage debt for homeowners; and a sharp deterioration in retirement security.

If anything, the end-of-year deficit debate points toward the exacerbation of every one of those factors.

It's proper to point out (for the umpteenth time) that spreading the fruits of economic growth as broadly as possible is an indispensable fuel for more economic growth. Concentrating wealth in a small segment of the population undermines growth; that's one reason the U.S. economy weakened markedly through the 1920s and why overall income growth in the present day has been lagging while corporate profits are soaring.

Those contradictory conditions can't persist together for long. But as the Congressional Budget Office reported last year, average after-tax household income for the top 1% of Americans nearly tripled from 1979 to 2007, while income for the middle 60% in the income range grew only 40%. Consequently, the share of income collected by the top 20% of Americans rose to nearly 60% from 50% in that period, while the share of every other income group fell.

The 2008 recession moderated that trend somewhat, but it has resumed since then with a vengeance. In 2009 and 2010, according to studies by Emmanuel Saez of UC Berkeley, the average real income per family rose 2.3% — but that of the top 1% grew 11.6%. That means that 93% of the income gains in the post-recession period went to the top 1%.

What policies are on the horizon in Washington or our 50 statehouses to reverse this trend, corrosive as it is to the social fabric and the economy at large?

Assistance for state and local governments to avert further layoffs? That would be seen in Congress as excessive spending and a path to the "fiscal cliff." Aggressive protection of employees' collective-bargaining rights to preserve middle-class incomes in the labor pool? Ask Republicans in Michigan, who exploited a solid lame-duck legislative majority to ram through a state anti-union measure in the session's final days.

Obama spoke out against the Michigan legislation before its passage, but his administration has not exactly been a beacon for workers' rights at the federal level.

Even more disturbing is Obama's apparent willingness to place retiree security on the bargaining table over the federal deficit. His last pre-Christmas offer to the GOP included a dismaying proposal to tie annual Social Security cost-of-living increases to an inflation measure known as the "chained CPI."

This index consistently runs lower than the conventional CPI by an average of about three-tenths of a percentage point per year. That means that by the time the average retiree would reach age 85, his or her benefit would be lower by about $1,000 than it would be under the current CPI; by 95, the shortfall would be nearly $1,400. In other words, it's a change that hits the neediest and the oldest retirees most severely.

Yet this stealth benefit cut may well be implemented this year without a commensurate increase in revenue for Social Security, say by an increase in the cap on earnings subject to the payroll tax that funds the program, which will be $113,700 this year.

Have any of the parties so concerned about the Social Security benefits of America's seniors put forth proposals to shore up the other pillars of retirement income — employer-funded pensions and personal savings — eaten away by corporate policies and the slipshod regulation of investment markets that led to the 2008 crash? (Don't everyone answer at once.)

The lesson that 2012 bears for 2013 is that as the "fiscal cliff" facing the middle class has drawn ever closer, the solutions proposed have become ever more irrelevant to the problems at hand and more protective of the economic segment that needs the least protection.

One year ago, there was reason for hope that such fundamental disconnects between problem and solution would at least be aired in a presidential campaign. Today, there's reason for despair that they'll even be recognized by the people in whom we entrust our economic future.

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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Retired Gen. H. Norman Schwarzkopf dies at 78

Gen. H. Norman Schwarzkopf, who presided over the swift and devastating 1991 military assault on Iraq that transformed the Middle East and reminded America what it was like to win a war, died Thursday of complications from pneumonia. He was 78.

The former four-star general, whose burly image towering in camouflage fatigues above his troops came to define both Operation Desert Storm and the nation's renewed sense of military pride, had been living in relatively quiet retirement in Tampa, Fla., eschewing the political battles that continued to broil over a part of the world he had left as a conqueror.

"We've lost an American original," the White House said in a statement. "Gen. Schwarzkopf stood tall for the country and Army he loved. Our prayers are with the Schwarzkopf family, who tonight can know that his legacy will endure in a nation that is more secure because of his patriotic service."

Former President George H.W. Bush, hospitalized himself with an illness in Texas, called Schwarzkopf "a true American patriot and one of the great military leaders of his generation."

Schwarzkopf, often called "Stormin' Norman" for his legendary temper, was best known for commanding a 765,000-strong force of allied international troops that drove former Iraqi President Saddam Hussein's forces out of Kuwait six months after they'd overrun the tiny Gulf oil sheikdom, terrorized its citizens and taken over its oil fields.

It was an operation fraught with peril: Iraq had the fourth-largest Army in the world; it was equipped with a large arsenal of Soviet-supplied weaponry; it had dispatched its elite Republican Guard forces into key defensive positions; and the Iraqi president warned he had fortified the borders with moats of oil that could be set afire and turned into deathtraps for any U.S. forces that dared to venture across.

But Schwarzkopf, with an eerie degree of prescience, had rehearsed a battle with Iraq only days before the country's August 1990 invasion of Kuwait and began putting it into place, convincing the leadership in Washington that the war could be won with a combination of forceful American air power and an overwhelming array of troops on the ground.

In the end, after weeks of pounding by American bombers and missiles, the ground war was over in just 100 hours, with U.S. battle casualties limited to 147 dead and 467 wounded.

On the decision of then-President Bush and Army Gen. Colin L. Powell, chairman of the Joint Chiefs of Staff, Schwarzkopf agreed to end the war short of demolishing the Republican Guard and taking down Saddam Hussein — a decision that would dog him for the rest of his life, especially as the U.S. went to war once again against Iraq in 2003.

To the end, Schwarzkopf insisted he had accepted the decision as the right one, even if he had not embraced it with enthusiasm — continuing to inflict carnage on retreating Iraqi forces for another day would have done little to upset the balance of power in the region and might have risked more American casualties, he said.

Likewise, he rejected criticism that the halt in combat had pulled the rug from underneath nascent rebellions by Iraqi Shiites in the south and Kurds in the north, leaving them vulnerable and exposed to slaughter once U.S. forces went home.

The Kurds had been battling the Iraqi regime for years, and would continue to do so, he said. "Yes, we are disappointed that that has happened. But it does not affect the accomplishment of our mission one way or another," he said at a news conference after the war.

The 6-foot, 3-inch general came home to a hero's welcome, appearing at a ticker-tape parade up Broadway, the Pegasus Parade at the Kentucky Derby in Louisville and an unusual joint session of Congress, where he received a standing ovation. Britain's Queen Elizabeth II awarded him a knighthood.

"In the defeat of Saddam's forces, he vanquished the scars on the American psyche over Vietnam," said Frank Wuco, a former senior Naval intelligence officer who helped draft battle plans during Desert Storm. "He showed the Americans, primarily the American military, what victory felt like again."

In a 1992 autobiography written with Peter Petre, Schwarzkopf downplayed the notion of personal valor and resurrected something he'd said earlier to journalist Barbara Walters: "It doesn't take a hero to order men into battle. It takes a hero to be one of those men who goes into battle."

Schwarzkopf was born Aug. 22, 1934, in Trenton, N.J. By graduating from the West Point military academy in 1956, he followed in the footsteps of his father, a general who served in both world wars and went on to found the New Jersey State Police, which investigated the kidnapping of the infant son of famed aviator Charles Lindbergh.

Schwarzkopf went on to earn a master's degree in engineering from USC and taught missile engineering at West Point before volunteering in 1966 to serve in Vietnam — a conflict he called a "cesspool," in which he said military commanders were more interested in promoting their careers than in winning the war.

But Schwarzkopf went on to earn kudos from his own troops, at one point landing by helicopter in a minefield to rescue men trapped there. He was wounded twice and won three Silver Stars for bravery.

He commanded ground troops in the invasion of Grenada in 1983 and in 1988 took over U.S. Central Command, overseeing a staff of 700 at MacDill Air Force Base near Tampa. There, he quickly discarded the old playbooks that said the Soviet Union was the biggest threat to American interests in the Middle East. He turned his sights instead on Iraq.

Headquartered in the Saudi capital of Riyadh during the buildup to Desert Storm, Schwarzkopf had a double-barreled shotgun in the corner, and in his spare living quarters, a Bible and an edition of World War II German Field Marshal Erwin Rommel's "Infantry Attack."

He often said he wished for more patience but sometimes bristled at the notion he had a bad temper.

"An awful lot has been written about my temper. But I would defy anyone to go back over the years and tell me anyone whose career I've ruined, anyone whom I've driven out of the service, anyone I've fired from a job," he said. "I don't do that. I get angry at a principle, not a person."

He is survived by his wife, Brenda; two daughters, Cynthia and Jessica; a son, Christian; a grandson; and sisters Ruth Barenbaum and Sally Schwarzkopf.

kim.murphy@latimes.com

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Katie Holmes' Broadway play 'Dead Accounts' closes

NEW YORK (AP) — Katie Holmes' return to Broadway will be much shorter than she would have liked.

The former Mrs. Cruise's play "Dead Accounts" will close within a week of the new year. Producers said Thursday that Theresa Rebeck's drama will close on Jan. 6 after 27 previews and 44 performances.

The show, which opened to poor reviews on Nov. 29, stars Norbert Leo Butz as Holmes' onstage brother who returns to his Midwest home with a secret. Rebeck created the first season of NBC's "Smash" and several well-received plays including "Seminar" and "Mauritius."

Holmes, who became a star in the teen soap opera "Dawson's Creek," made her Broadway debut in the 2008 production of "All My Sons." She was married to Tom Cruise from 2006 until this year.

___

Online: http://www.deadaccountsonbroadway.com

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Surgery Returns to NYU Langone Medical Center

Chang W. Lee/The New York Times

Senator Charles E. Schumer spoke at a news conference Thursday about the reopening of NYU Langone Medical Center.

NYU Langone Medical Center opened its doors to surgical patients on Thursday, almost two months after Hurricane Sandy overflowed the banks of the East River and forced the evacuation of hundreds of patients.

While the medical center had been treating many outpatients, it had farmed out surgery to other hospitals, which created scheduling problems that forced many patients to have their operations on nights and weekends, when staffing is traditionally low. Some patients and doctors had to postpone not just elective but also necessary operations for lack of space at other hospitals.

The medical center’s Tisch Hospital, its major hospital for inpatient services, between 30th and 34th Streets on First Avenue, had been closed since the hurricane knocked out power and forced the evacuation of more than 300 patients, some on sleds brought down darkened flights of stairs.

“I think it’s a little bit of a miracle on 34th Street that this happened so quickly,” Senator Charles E. Schumer of New York said Thursday.

Mr. Schumer credited the medical center’s leadership and esprit de corps, and also a tour of the damaged hospital on Nov. 9 by the administrator of the Federal Emergency Management Agency, W. Craig Fugate, whom he and others escorted through watery basement hallways.

“Every time I talk to Fugate there are a lot of questions, but one is, ‘How are you doing at NYU?’ ” the senator said.

The reopening of Tisch to surgery patients and associated services, like intensive care, some types of radiology and recovery room anesthesia, was part of a phased restoration that will continue. Besides providing an essential service, surgery is among the more lucrative of hospital services.

The hospital’s emergency department is expected to delay its reopening for about 11 months, in part to accommodate an expansion in capacity to 65,000 patient visits a year, from 43,000, said Dr. Andrew W. Brotman, its senior vice president and vice dean for clinical affairs and strategy.

In the meantime, NYU Langone is setting up an urgent care center with 31 bays and an observation unit, which will be able to treat some emergency patients. It will initially not accept ambulances, but might be able to later, Dr. Brotman said. Nearby Bellevue Hospital Center, which was also evacuated, opened its emergency department to noncritical injuries on Monday.

Labor and delivery, the cancer floor, epilepsy treatment and pediatrics and neurology beyond surgery are expected to open in mid-January, Langone officials said. While some radiology equipment, which was in the basement, has been restored, other equipment — including a Gamma Knife, a device using radiation to treat brain tumors — is not back.

The flooded basement is still being worked on, and electrical gear has temporarily been moved upstairs. Mr. Schumer, a Democrat, said that a $60 billion bill to pay for hurricane losses and recovery in New York and New Jersey was nearing a vote, and that he was optimistic it would pass in the Senate with bipartisan support. But the measure’s fate in the Republican-controlled House is far less certain.

The bill includes $1.2 billion for damage and lost revenue at NYU Langone, including some money from the National Institutes of Health to restore research projects. It would also cover Long Beach Medical Center in Nassau County, Bellevue, Coney Island Hospital and the Veterans Affairs hospital in Manhattan.

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Starz will face new, challenging world as public company

Pay-TV channel Starz is trying to chart a new orbit.

Early next year, its parent company, Liberty Media, plans to spin off the premium network and its sister channel Encore into a new, stand-alone, publicly traded company.

Such a move would normally be cause for celebration. But for Starz, the separation comes amid uncertainty.

Its track record producing original shows has been mixed. The market is getting increasingly crowded not only from Starz's traditional competitors, HBO and Showtime, but also from new rivals including Netflix, Amazon and Redbox. And, starting in 2017, the network will lose one of its key suppliers of movies — Walt Disney Studios — to Netflix.

"It's an interesting time for Starz," said Matthew Harrigan, a media analyst with Wunderlich Securities. "Losing those Disney movies makes life a little more difficult, and it becomes even more important for them to create successful original programming."

STORY: On Location

Liberty Media is spinning off Starz in part to make it more attractive to potential buyers. Companies mentioned by analysts as possible suitors include Comcast Corp., parent of Universal Pictures. Other deep-pocketed prospective buyers could be News Corp., Walt Disney Co. and Viacom Inc. HBO and Showtime probably would face anti-trust issues if either of them made a run at Starz.

The shift also raises the stakes for Starz and its chief executive, Chris Albrecht, who has been given the task of building an original programming pipeline. Albrecht, who joined Starz nearly three years ago, has the experience. As the former head of HBO, he was a key architect of that network's success by helping nurture such culture-defining hits as "Sex and the City" and "The Sopranos."

Achieving those heights again, this time at Starz, has proved more elusive. Starz made a splash with its gladiator series "Spartacus," but another high-profile drama, "Boss," about a corrupt Chicago mayor played by Kelsey Grammer ("Frasier"), failed to deliver ratings to match its critical acclaim. "Boss" was canceled after two seasons. Last year's "Camelot," about a young King Arthur, started strong but then fell on its sword.

Starz, which has 20.8 million subscribers in the U.S., has spent the last few years playing catch-up. The network began developing original dramas much later than industry leaders HBO and Showtime, and also lags behind basic cable channels FX, AMC and USA Network.

At the same time, the availability of movies through other venues has increased dramatically, and film fans can just as easily get their fix by buying or renting DVDs — online or at supermarket kiosks — or through Internet streaming services. That makes the need for strong original content even greater.

Starz executives declined to comment for this story, citing the "quiet period" mandated by regulators before the public stock offering.

Hollywood movie studios have a strong incentive to protect the premium channels, which have long served as their unofficial ATMs. The channels, including HBO, Starz and Showtime, spit out hundreds of millions of dollars each year to movie studios in exchange for the first-run TV rights to recent releases. The fees — which can approach $30 million for a single blockbuster film — have helped studios turn deficits into profits for many movies.

The parent companies of HBO (Time Warner), Showtime (CBS Corp.) and Starz (Liberty Media), also have long collected hundreds of millions of dollars each year in profit from the channels in distribution fees from cable and satellite operators. According to consulting firm SNL Kagan, Starz and sister channel Encore this year will generate revenue of $1.34 billion and $414 million in cash flow, a metric similar to operating income.

Just a few years ago, Starz trailed HBO as the No. 2 movie channel in terms of distribution. But it has since been surpassed by Showtime. The CBS Corp. network has staged a string of hits including "Weeds," the serial killer drama "Dexter," the pill-popping dark comedy "Nurse Jackie" and its latest hit, the terrorist thriller "Homeland," which this fall won the Emmy for TV's best drama.

According to SNL Kagan, Showtime has 21 million subscribers and 2012 revenue of $1.6 billion. Cash flow for Showtime and its sister channels TMC and Flix should approach $690 million combined for this year. Showtime's programming expenses are slightly less because it ended its relationships with movie studios several years ago.

"Showtime has been doing something similar [to Starz] with their strategy, but they have programming that people are talking about," said BTIG analyst Richard Greenfield said. "The question is how does Starz stack up?"

Its shows have largely failed to attract the buzz that can drive subscriptions and ratings. "Spartacus" was Starz's most popular show, averaging more than 5 million viewers an episode during the third season when viewing on all platforms was counted. "Magic City," the channel's stylistic drama about Miami gangsters in the 1950s, averaged 3.1 million viewers an episode when it debuted this year, while "Boss" collared just 2.2 million an episode.

Starz is betting heavily on its lineup for next two years, which includes the second season of "Magic City" and the new prospects "Da Vinci's Demons," a drama about Leonardo's early days from David S. Goyer, a co-writer of the "Dark Knight Rises" film trilogy, and "Black Sails," a swashbuckling adventure from "Transformers" and "Pirates of the Caribbean" filmmaker Michael Bay.

The company this year is spending about $692 million on programming, with four-fifths of that amount earmarked for buying products from Disney and Sony Pictures Entertainment, according to SNL Kagan, which said Starz spends less than $100 million annually creating original series.

"They still need the movies to fill their schedule, but at the same time Starz needs some unique programs to define the channel," said Deana Myers, an SNL Kagan television analyst. "It's not an easy market to get into because a lot of other networks are doing original productions."

Although Starz will continue to receive the Disney movies for three years, the eventual loss puts pressure on the company to keep Sony as a supplier beyond 2016, when the parties' current arrangement ends. The loss of Disney movies and the coming end of the Sony contract could also complicate the picture as Starz tries to attract a new owner.

Potential suitor Viacom already has a presence in the premium channel business. The parent of Paramount Pictures teamed in 2009 with two other studios, Lions Gate Entertainment Corp. and Metro-Goldwyn-Mayer Studios Inc., to launch the movie service Epix. The upstart has struggled to make distribution deals with leading cable and satellite TV systems. That could make a merger between Epix and Starz enticing. Given that Epix is not nearly as powerful as HBO and Showtime, such a deal may also be able to pass regulatory muster.

meg.james@latimes.com

joe.flint@latimes.com

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Toyota to pay big to settle suits

Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.

The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.

The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.

ROAD TO RECALL: Read The Times' award winning coverage

In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.

"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.

Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.

Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.

In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.

The lawsuits, filed over the last several years, had been seeking class certification.

News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.

The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.

The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.

The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.

Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.

"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.

Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.

"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."

The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.

That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.

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‘We Are Young’ Performed on Vintage Computer Parts

Old computer parts find new life as rock stars with a little help from YouTube user BD594. The “band” — we’ll just call ‘em the Ctrl-Alt-Deletes — perform a delightfully geeky rendition of the hit fun. song “We Are Young.”

[More from Mashable: If Santa Were a Hipster]

Vintage hard drives provide the beat as a Yamaha CX-5 tickles the ivories and an HP Scanjet 3C plays frontman with the vocals. Pssh, and you thought the Rolling Stones looked old and outdated.

[More from Mashable: 10 People Who Suffered Awkward Christmas Moments]

BONUS: Top 12 Memes of the Year

12. Photobombing Stingray

Five years ago, three college girls on a Caribbean vacation got a serious case of the heebeejeebies when a stingray photobombed their “say cheese” moment. The hilarious photograph could have ended up as just a fond vacay memory if it weren’t for a friend, who shared the image on Reddit in September of this year.

Click here to view this gallery.

Thumbnail image courtesy of YouTube, BD594

This story originally published on Mashable here.

Tech News Headlines – Yahoo! News

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Patrick Dempsey brews up coffee shop purchase

LOS ANGELES (AP) — Patrick Dempsey says he wants to rescue a coffee house chain and more than 500 jobs.

The "Grey's Anatomy" star said Wednesday he's leading a group attempting to buy Tully's Coffee. The Seattle-based company filed for Chapter 11 bankruptcy protection in October.

Dempsey said he's excited about the chance to help hundreds of workers and give back to Seattle.

The actor has a strong TV tie to the city: He plays Dr. Derek Shepherd on "Grey's Anatomy," the ABC drama set at fictional Seattle Grace Hospital.

Tully's has 47 company-run stores in Washington and California, as well as five franchised stores and 58 licensed locations in the U.S.

Any sale would have to be approved by a judge. A bankruptcy court hearing is set for Jan. 11 in Seattle.

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Creating the Ultimate Housework Workout

Robert Wright for The New York Times

Chris Ely, an English butler, and Carol Johnson, a fitness instructor at Crunch NYC, perfecting a houseworkout.

CAN housework help you live longer? A New York Times blog post by Gretchen Reynolds last month cited research linking vigorous activity, including housework, and longevity. The study, which tracked the death rates of British civil servants, was the latest in a flurry of scientific reports crediting domestic chores with health benefits like a lowered risk for breast and colon cancers. In one piquant study published in 2009, researchers found that couples who spent more hours on housework had sex more frequently (with each other) though presumably not while vacuuming. (The report did not specify.)

Intrigued by science that merged the efforts of a Martha with the results of an Arnold (a buffer buffer?), this reporter challenged a household expert and a fitness authority to create the ultimate housework workout — a houseworkout — in her East Village apartment. Perhaps she could add a few years to her own life while learning some fancy new moves for her Swiffer. Christopher Ely, once a footman at Buckingham Palace, and Brooke Astor’s longtime butler, was appointed cleaner-in-chief. Mr. Ely is a man who approaches what the professionals call household management with the range and depth of an Oxford don. Although he is working on his memoirs (he described his book as a room-by-room primer with anecdotes from his years in service), he was happy enough to put his writing aside for an afternoon. His collaborator was Carol Johnson, a dancer and fitness instructor who develops classes at Crunch NYC, including those based on Broadway musicals like “Legally Blonde” and “Rock of Ages.”

Mr. Ely arrived first, beautifully dressed in dark gray wool pants, a black suit coat and a crisp white shirt with silver cuff links. He cleans house in a white shirt? “I know how to clean it,” he countered, meaning the shirt. When Ms. Johnson appeared (in black spandex and a ruffly white chiffon blouse, which she switched out for a Crunch T-shirt), theory, method and materials were discussed.

“If you’re dreading the laundry,” Ms. Johnson said, “why not create a space where it’s actually fun to do by putting on some music?” If fitness is defined by cardio health, she added, it will be a challenge to create housework that leaves you slightly out of breath. “I’m thinking interval training,” she said. As it happens, one trend in exercise has been workouts that are inspired by real-world chores, or what Rob Morea, a high-end Manhattan trainer, described the other day as “mimicking hard labor activities.” In his NoHo studio, Mr. Morea has clients simulate the actions of construction workers hefting cement bags over their shoulders (Mr. Morea uses sand bags) or pushing a wheelbarrow or chopping wood.

Mr. Ely averred that service — extreme housekeeping — is physically demanding, with sore feet and bad knees the least of its debilitating byproducts. Mr. Ely still suffers from an injury he incurred while carrying a poodle to its mistress over icy front steps in Washington When the inevitable occurred, and Mr. Ely wiped out, he threw the dog to his employer before falling hard on his backside. And the right equipment matters: After two weeks’ employ in an Upper East Side penthouse, he was handed a pair of Reeboks by his new boss, the better to withstand the apartment’s wall-to-wall granite floors. (For cleaning, Mr. Ely wears slippers, deck shoes or socks.)

Mr. Ely, whose talents and expertise are wide-ranging (he can stock a wine cellar, do the flowers, set a silver service, iron like a maestro and clean gutters, as he did once or twice at Holly Hill, Mrs. Astor’s Westchester estate), is a minimalist when it comes to materials. He favors any simple dish detergent as a multipurpose cleaner, along with a little vinegar, for glass, and not much else. “Dish detergent is designed for cutting grease; there’s nothing better,” he said. He’s anti-ammonia, anti-bleach. He said bleach destroys fabric, particularly anything with elastic in it. “Knickers and bleach are a terrible combination,” he said. “I had a boss who thought he had skin cancer. His entire trunk had turned red and itchy.” It seems his underpants were being washed in bleach. (Collective wince.) “It’s horrible stuff.”

As for tools, he likes a cobweb cleaner — this reporter had bought Oxo’s extendable duster, which has a fluffy orange cotton duster that snaps onto a sort of wand, but Mr. Ely prefers the kind that looks like a round chimney brush. (If you live in a house, he also suggests leaving the cobwebs by the front and back doors, so the spiders can eat any mosquitoes coming or going.) Choose a mop with microfiber fronds (he suggested the O Cedar brand) because it dries quickly and doesn’t smell. And a sturdy vacuum. Also, stacks of microfiber cloths or a terry cloth towel ripped up.

But first, to stretch. Ms. Johnson took hold of this reporter’s Bona floor mop (it’s like a Swiffer, but with a reusable washcloth) and Mr. Ely followed along with an old-fashioned string mop. Though Mr. Ely has a kind of loose-limbed elegance, he is not exactly limber. He grimaced as he parroted Ms. Johnson, who used her mop as Gene Kelly did his umbrella, stretching her arms overhead, one by one, twisting from side to side, sucking in her stomach, rising up on tip toes. (Mr. Ely said his old poodle-hurling injury was kicking in.) Ms. Johnson adjusted his chin — “You’re going to hurt yourself if you keep sticking your neck out,” she warned — and Mr. Ely raised a black-socked foot napped with cat hair and chastised this reporter: “Would you look at that?” (The cat had vanished early on, but his “debris,” as Mr. Ely put it, was still very much in evidence. The reporter hung her head. Did she know that cat spit is toxic? Mr. Ely wondered.)

“We’re warming up the spine,” said Ms. Johnson. “Squeeze your abdominals.”

Mr. Ely looked worried: “I don’t think I have abdominals!”

MR. ELY’S technique is to clean a room from top to bottom. That means he begins with the cobweb cleaner, wafting it along ceiling corners, moldings, soffits and, uh, the top of the fridge (major dust harvest there). His form was pretty, like a serve by Roger Federer, if not exactly aerobic. For Mr. Ely kept stopping to lecture this reporter — on condensation; on the basic principles of heat transfer and why one needs to vacuum the refrigerator coils; on the movement of moist air in a kitchen; on floor care, which involved a long story about a Belgian monastery whose inhabitants never washed the kitchen floor; on how to dust the halogen spot lights (use a cotton cloth, not a microfiber one, and make sure the lights are off, and cool).  “I do rabbit on, don’t I?” he said. Ms. Johnson gamely hustled him along, noting that anytime you raise your arms over your head you can raise your heart rate. “What about a balance exercise?” she cajoled, executing a neat series of leg lifts. “That’s good for the butler’s booty!”

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Toyota to pay big to settle suits

Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.

The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.

The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.

ROAD TO RECALL: Read The Times' award winning coverage

In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.

"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.

Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.

Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.

In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.

The lawsuits, filed over the last several years, had been seeking class certification.

News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.

The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.

The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.

The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.

Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.

"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.

Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.

"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."

The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.

That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.

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Police find New York gunman's threatening note but no motive

The New York felon who set a Christmas Eve trap for firefighters left a note saying he wanted to burn down the neighborhood and "do what I do best: killing people," police said Tuesday.

Investigators found human remains in the burned-out home of ex-con William Spengler, 62, a day after his rampage in Webster, a Rochester suburb. Officials said the remains probably were those of Spengler's missing sister, Cheryl, 67.

Spengler apparently set the blaze in or near his home and lay in wait, killing two firefighters and seriously wounding two more before taking his own life, officials said.

In his note, Spengler wrote, "I still have to get ready to see how much of the neighborhood I can burn down and do what I do best: killing people," police said at a Christmas Day news conference.

Officers characterized the note as "rambling" and said it did not include a motive. They declined to release more excerpts Tuesday.

"Motive is always the burning question, and I'm not sure we'll ever really know what was going through his mind," Webster Police Chief Gerald Pickering said.

Spengler appeared to have led an uneventful life for the last 14 years, but had a violent history: In 1980, he beat his grandmother to death with a hammer. He spent 18 years in prison and was released in 1998.

Monday's blaze — which officials think may have started as a vehicle fire — consumed seven homes and damaged two more in Webster, a sleepy community on the shores of Lake Ontario and Irondequoit Bay.

Police think Spengler used a military-style Bushmaster .223 rifle with a flash suppressor. They recovered the weapon along with a Smith & Wesson .38-caliber revolver and a Mossberg pump-action 12-gauge shotgun.

As a felon, Spengler was barred from owning guns. Officials were unsure how he had obtained them, but said he was armed to the teeth.

"He was equipped to go to war and kill innocent people," Pickering said.

Spengler's attack would mark the third time in two weeks that a gunman had attempted a mass killing with an assault rifle. On Dec. 14, Adam Lanza killed 20 grade-school students and six adults at Sandy Hook Elementary School in Newtown, Conn., using a military-style Bushmaster .223 rifle. Lanza also killed his mother and himself. On Dec. 11, Jacob Tyler Roberts opened fire in a Clackamas, Ore., mall with an AR-15-style rifle, killing two and wounding one before taking his own life.

The discovery that Spengler had a Bushmaster is likely to intensify the outcry for tighter gun controls that followed the Newtown massacre. The gun, which looks like a military assault rifle, also was used in the 2002 sniper attacks that left 10 dead and three wounded in the Washington, D.C., area.

President Obama is expected to begin pushing for specific gun control measures, including bans on assault weapons and high-capacity magazines, after he receives recommendations from Vice President Joe Biden in January. The National Rifle Assn., the nation's most powerful gun lobby, has vowed to fight any attempts to curtail gun ownership.

In Webster, during the first of two news conferences on Christmas Day, officials described Monday's chaotic "combat situation." Firefighters were targeted before getting out of their trucks, police said, and a Webster police officer used his duty rifle to trade fire with Spengler.

Rounds shattered the windshield of the firetruck that two of the firefighters were in; the wounded driver crashed trying to get away.

"Had that police officer not been there, more people would have been killed, because he immediately engaged the shooter," Pickering said of the officer, who has not been identified.

Another police officer from nearby Greece, N.Y., Jon Ritter, was driving behind the firetruck when he also came under fire. He was wounded by shrapnel from the bullets that struck his windshield and engine block, police said.

Ritter "tried to shelter some of the fallen firemen with his car when the other firefighters — that we later extracted from the location with the armored personnel carrier — had taken cover under the firetruck," Pickering said.

The two wounded firefighters remained in intensive care and were described as stable.

Officials said that 33 neighborhood residents had been displaced by the blaze and the investigation and that hotels had offered them places to stay.

"We all have been inundated from citizens, police agencies across the nation and really across the world, wanting to provide donations," Pickering said. The outpouring "has been incredible."

matt.pearce@latimes.com

Times staff writer John Hoeffel in Naples, N.Y., contributed to this report.

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