Thursday, May 31, 2012

FOXNews.com: Ky. to change 3-drug execution method that inmates claim is cruel and unusual punishment

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Ky. to change 3-drug execution method that inmates claim is cruel and unusual punishment
Jun 1st 2012, 04:53

Kentucky officials signaled Thursday they will change how prisoners are executed, opening the door to using a single drug instead of the current three-drug method that has been challenged by inmates who call it cruel and unusual punishment.

The Kentucky Justice Cabinet filed notice in Franklin Circuit Court that it would propose new regulations by July 24. The single-page motion does not say what changes will be made. The new method could be in place by late summer, allowing Kentucky to begin executions later this year.

Justice Cabinet spokeswoman Jennifer Brislin declined comment.

Franklin Circuit Judge Phillip Shepherd in April gave Kentucky 90 days to make changes or face a trial to defend the three-drug method. Shepherd said if Kentucky adopts a new regulation allowing for a one-drug execution — similar to what is done in Ohio, Arizona and other states — any claims of cruel and unusual punishment by the inmates "will be rendered moot."

The battle over Kentucky's lethal injection method has been going on for more than a year and a half. The judge's ruling and Kentucky's decision comes just months after the American Bar Association issued a report calling for a moratorium on executions in Kentucky, in part because of the number of cases overturned since the reinstatement of the death penalty in 1976.

At least seven states use a single drug to carry out executions. Three states — Idaho, Washington and South Dakota — give an option to use more than one drug. In the last week, Missouri became the first state to switch to propofol, the same anesthetic that caused the overdose death of pop star Michael Jackson.

Kentucky's current method calls for a single drug or combination of drugs. The state last used sodium thiopental, pancurionium bromide and potassium chloride, a combination similar to the one used by Georgia and some other states.

When the U.S. Supreme Court upheld Kentucky's three-drug method in 2007, Shepherd wrote, a one-drug method was still untested. That's no longer the case. Since then, states have successfully used a single drug for executions, creating what Shepherd called a safer alternative for lethal injections.

To change the regulations, Kentucky officials must submit to the state a new execution method, which is made public. If a legislative subcommittee does not meet or does not find the regulation deficient within 30 days of publication, the regulation takes effect.

The only U.S. manufacturer of sodium thiopental stopped making it in 2009 and dropped plans to resume production last year. Kentucky bought some doses from a foreign supplier, but the U.S. Drug Enforcement Administration began seizing supplies over questions of whether the states broke the law to get it. Kentucky surrendered its supply in 2011.

In the meantime, South Carolina, Oklahoma and Ohio purchased another powerful sedative, pentobarbital, to carry out executions. Ohio and Arizona have carried out one-drug executions. Other states allow it but haven't used the single drug for a lethal injection.

Shepherd's initial ruling halting all executions came as the state prepared to execute Gregory L. Wilson, 55, for the 1987 rape, kidnapping and murder of 36-year-old Debbie Pooley in Kenton County. Wilson has since won a hearing in state court on whether he is mentally disabled and ineligible for execution.

The appeals of at least five Kentucky death row inmates have run their course. They include 56-year-old Ralph Baze, awaiting execution for killing a sheriff and deputy; six-time convicted killer Robert Foley; and Wilson, all of whom remain on death row at the Kentucky State Penitentiary in Eddyville.

Kentucky last executed an inmate in 2008 and has executed three people since the reinstatement of capital punishment in 1976.

___

Follow Associated Press reporter Brett Barrouquere on Twitter: http://twitter.com/BBarrouquereAP

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FOXNews.com: Lizardly larceny solved: LA-area mechanic and iguana of 17 years reunited 5 months after theft

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Lizardly larceny solved: LA-area mechanic and iguana of 17 years reunited 5 months after theft
Jun 1st 2012, 04:53

BELLFLOWER, Calif. –  They didn't have to call Ace Ventura, or any other pet detective. A group of Los Angeles County deputies solved a case of lizard larceny on their own.

The Sheriff's Department said in a statement Thursday night that deputies have reunited a man and his iguana, whose name is just "Lizard," five months after he was stolen.

Lizard lived at Ken Schmidt's auto shop for 17 years and was apparently the only thing stolen when the Bellflower business was burglarized in December.

Deputies say blood near a broken window led to a suspect. When investigators served a search warrant at a home in Downey they found a loaded gun, marijuana, hashish oil and the missing iguana.

Lizard and Schmidt were reunited Thursday.

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FOXNews.com: Year after deadly tornado, Mass. church that offered relief is rebounding, replacing steeple

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Year after deadly tornado, Mass. church that offered relief is rebounding, replacing steeple
Jun 1st 2012, 05:26

MONSON, Mass. –  The town's oldest church had lost its steeple twice before.

It happened first in a windstorm in the 1880s, then again in the hurricane of 1938.

So when a tornado tore off The First Church of Monson Congregational's steeple on June 1, 2011, the pastor knew rebuilding already was a tradition.

"We can look back and say, 'The church has been through a lot in its history and we're going to get through this,'" the Rev. Bob Marrone said Wednesday.

Across Massachusetts, three people died in the storm that also left $200 million in damage to insured property in its wake. In Monson, First Church became a disaster relief center in a town where 40 families lost their homes.

The kitchen of First Church, a member of the United Church of Christ, turned into a hub where volunteers served 30,000 meals to tornado victims in the weeks after the storm. Sunday school classrooms became space where people could donate or collect free clothing and household supplies.

Without electricity after the tornado, the church also became a place for residents to swap news. People shared tidbits about which house to head to for cold milk or where to go for showers that also were sometimes cold, church music director Michael-Thomas Gilman said recently.

"We went to bed at dark and got up at dawn. It really brought the town together. It really was a Norman Rockwell moment," he said.

A year later, First Church's steeple still is missing. The organ still needs a $30,000 cleaning to purge dust and plaster deposits.

But some physical damage to the structure already is fixed. And Marrone says the congregation of about 360 people also is rebounding when it comes to their spiritual side. Ranks of the faithful even grew by about 15 members after the tornado. This year, the congregation also will mark 250 years since the church's founding.

Construction of a new steeple starts in July and should finish by Christmas, church board of trustees chair Suzanne Kelley said. The project will cost $2 million, and insurance will cover it.

The church will host an ecumenical prayer service for congregants and the public on Saturday. Pastors from other Monson churches and from a nearby town are expected to join in, as they did at a prayer service on the day after the tornado.

"Right after the tornado there were a lot of people wondering, 'Why would God do this?'" Marrone said.

A year later, the pastor said he'll ask service participants to remember what's happened since the storm.

"Part of it," he said, "is to look back and remember that God was with us and will continue to be with us."

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FOXNews.com: A job slowdown that appears milder by comparison with 2010 and 2011

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A job slowdown that appears milder by comparison with 2010 and 2011
Jun 1st 2012, 04:01

Hiring slowed sharply in March and April, raising fears that the economy is sputtering for the third year in a row. But this year's slump is an improvement over last year's and 2010's.

Consider:

— Hiring slid to an average 135,000 a month in March and April from the December-February pace of 252,000 a month.

— In 2011, job growth came in below 100,000 for four straight months from May through August. The average was 80,000 jobs a month.

— In 2010, the economy lost jobs for four consecutive months — from June through September. The average loss was 76,000 a month.

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FOXNews.com: Utah prosecutor closes case without charging polygamous family, adopts new policy for charges

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Utah prosecutor closes case without charging polygamous family, adopts new policy for charges
Jun 1st 2012, 03:18

SALT LAKE CITY –  Criminal charges will not be pursued against a polygamous family made famous by the reality TV show "Sister Wives," a Utah prosecutor wrote Thursday in federal court filings.

The case against Kody Brown and his four wives — Meri, Janelle, Christine and Robyn — stars of the TLC show, has been closed, Utah County Attorney Jeff Buhman wrote in a motion seeking to have a lawsuit against his county dismissed.

Brown moved his wives and 16 children from Lehi, about 30 miles south of Salt Lake City, to the Las Vegas area in January 2011 after Utah authorities launched a bigamy investigation.

The Browns then sued Utah County along with Utah's governor and attorney general, claiming the state's bigamy statute violates their constitutional rights to due process, equal protection, free exercise of religion, free speech and freedom of association.

A federal judge later dropped the state from the case but allowed it to continue against the county.

U.S. District Judge Clark Waddoups said he dismissed Gov. Gary Herbert and Utah Attorney General Mark Shurtleff because Shurtleff had assured the Browns they wouldn't be prosecuted under his policy that consenting adult polygamists won't be charged as long as they're not committing other crimes.

However, Waddoups noted that the Browns had reason to believe they could still face prosecution in Utah County, and agreed it could have a chilling effect on their ability to practice their constitutional rights in the state.

Buhman wrote in his Thursday motion that his county, too, had adopted the same state policy and would not pursue bigamy cases unless there was evidence of a victim or fraud.

"The criminal case against the Browns is closed and no charges will be filed against them for bigamy unless new evidence is discovered which would comport with the office's new policy," Buhman wrote.

The Browns' attorney Jonathan Turley said he was pleased that charges wouldn't be filed but noted the family didn't plan to drop the lawsuit, claiming state law remained "blatantly unconstitutional."

"I want to express our great relief for the Brown family that this long-standing threat has been finally lifted," Turley said in a statement. "The family has spent years being publicly denounced as felons by prosecutors and had to move to Nevada to protect their family and children."

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FOXNews.com: Better by comparison: This year's US hiring slump is an improvement on last year's and 2010's

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Better by comparison: This year's US hiring slump is an improvement on last year's and 2010's
Jun 1st 2012, 04:01

WASHINGTON –  Another year, another jobs slowdown.

Is the U.S. economy stalling again, as it did last year and the year before? Two straight months of disappointing job growth have raised fears that it is.

But this time there's reason for hope: The 2012 slump isn't as bad as last year's, which wasn't as bad as 2010's.

Consider:

— Hiring decelerated to an average 135,000 a month in March and April. That was slower than the December-February pace of 252,000 a month, but still a solid six-digit gain each month.

— During last year's slowdown, from May through August, job growth came in below 100,000 for four straight months. The average was 80,000 jobs a month.

— In 2010, the slowdown, from June through September, consisted of four straight months of job losses. The average loss was 76,000.

Each year, the slowdown has been at a significantly higher level than the year before.

"We're forming a base," says economist Joel Naroff of Naroff Economic Advisors. "The level of confidence going into the spring and summer is definitely higher this year than last year."

Naroff expects the economy to create more than 2.4 million jobs this year, which would be the most since 2005. Last year, 1.8 million jobs were created. In 2010, 1 million. On Friday, the government will issue its employment report for May. The consensus forecast is that employers added 158,000 jobs.

The previous two years, the economy has endured a series of shocks. Europe's debt troubles undermined consumer and business confidence in 2010. Last year, Middle East unrest sent oil prices surging. An earthquake and tsunami in Japan cut off supplies to many U.S. manufacturers. A political clash in Washington over the federal borrowing limit nearly forced the U.S. government to default and rattled consumers and businesses.

The economy has dodged such blows in 2012. A run-up in gasoline prices has begun to reverse just in time for the summer driving season. More than 1.8 million Americans have been hired over the past year.

Those gains feed on themselves. More people with paychecks means more spending on goods and services, which can lead companies to hire even more.

Many economists think the jobs slowdown the past two months may have occurred because growth surged from December through February — perhaps too much. Warm weather allowed construction firms and other employers to add jobs earlier than usual, effectively swiping jobs from the spring. The weak March and April jobs numbers may have been payback.

Still, the job market is far from strong. Economists expect that the government will report Friday that the economy generated a modest 158,000 jobs in May.

The number of people applying for unemployment benefits rose last week to a five-week high — though it's still hovering near the 375,000-a-week level that typically suggests hiring is strong enough to lower the unemployment rate.

Economists are expecting job growth to reaccelerate as the year grinds on. One good sign: Employers advertised 3.74 million job openings in March, the highest figure since July 2008.

Many of those openings are at U.S. factories. Manufacturers are on pace to add more than 415,000 jobs this year, most since 1984. Some are even complaining of a shortage of qualified applicants. Ehrhardt Tool & Machine Co. in Granite City, Ill., wants to add five skilled workers to its staff of 113. The jobs pay more than $22 an hour.

"If you want a skilled manufacturing worker right now, you just can't find them," says company president Robert Roseman.

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FOXNews.com: Student accused of killing roommate admits to eating victim's heart, authorities say

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Student accused of killing roommate admits to eating victim's heart, authorities say
Jun 1st 2012, 03:28

BALTIMORE –  A 21-year-old college student from Kenya accused of killing a housemate told police he ate the victim's heart and part of his brain after he died.

Alexander Kinyua hid the head and hands of the dead man in his family's basement laundry room in a suburb of Baltimore, according to the sheriff's office. Kinyua, a student at Morgan State University, was charged earlier in May in another attack in which the victim was brutally beaten but survived.

Kinyua is charged with first-degree murder and other charges in the death of 37-year-old Kujoe Bonsafo Agyei-Kodie, of Ghana. He was ordered held on no bail.

His public defender did not return a call seeking comment, and a voicemail left at Kinyua's home was not returned.

Sheriff's spokeswoman Monica Worrell said the chief medical examiner had not yet officially identified the body parts, but that authorities believe they are those of Kodie, who was reported missing May 25. His cellphone and wallet were left in the home and police were initially told he had gone for a run.

On Tuesday, Kinyua's father, Antony Kinyua, called detectives and reported that another son, Jarrod, found what he thought were human remains in the house where they all lived in Joppatowne.

Jarrod found two metal tins, which held a human head and two human hands. Police say Jarrod confronted his brother, who said the remains were animals.

According to charging documents, Jarrod and his father went to the basement, where Jarrod "observed that the items he observed were gone and Alex Kinyua was cleaning the container he observed them in."

Detectives obtained a search warrant and found the head and hands in the house. Police say Alexander Kinyua admitted to killing Kodie by cutting him up with a knife and eating his heart and part of his brain.

Authorities say Kinyua told detectives the rest of the body could be found in a trash container at the Town Baptist Church in Harford County where they discovered remains.

The attack comes in the same week as a man in Miami chewed away another man's face along a busy highway and wouldn't stop until an officer shot him to death. Witnesses say 31-year-old Rudy Eugene growled at the officer and continued to chew away. The victim, identified as 65-year-old Ronald Poppo, a homeless man who lived under the causeway, was in critical condition and will be permanently disfigured.

On May 19, Kinyua beat a man with a baseball bat on Morgan's campus, fracturing his skull and making him lose sight in one eye, according to Baltimore police spokesman Anthony Guglielmi. Kinyua was arrested May 20 and released on $220,000 bail.

Morgan officials say Kinyua studied electrical engineering.

According to court records, the victim, Kodie, was convicted in November 2008 in Baltimore County of sex offense and assault in September 2007 and harassment, stalking and telephone misuse for making repeated calls in 2007 and 2008 to a woman. He was sentenced to at least a year and a half in jail.

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FOXNews.com: San Diego teen Snigdha Nandipati aces 'guetapens' to win the National Spelling Bee

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San Diego teen Snigdha Nandipati aces 'guetapens' to win the National Spelling Bee
Jun 1st 2012, 01:48

OXON HILL, Md. –  Snigdha Nandipati is the National Spelling Bee champion.

The 14-year-old from San Diego spelled guetapens, a French-derived word that means ambush, snare or trap. Calm and collected throughout, she beat out eight other finalists in the nerve-wracking, brain-busting competition.

Nandipati is an avid reader and coin collector who aspires to become a psychiatrist or neurosurgeon. She plays violin and is fluent in Telugu. She's the 5th consecutive Indian-American winner and 10th in the last 14 years.

Stuti Mishra of West Melbourne, Fla., finished second after misspelling "schwarmerei."

Prizes for winning the 85th Scripps National Spelling Bee include $30,000 in cash, a trophy, a $2,500 savings bond, a $5,000 scholarship, $2,600 in reference works from the Encyclopedia Britannica and an online language course.
  

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FOXNews.com: Virginia school board votes to remove Ten Commandments from school

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Virginia school board votes to remove Ten Commandments from school
Jun 1st 2012, 00:16

ROANOKE, Va. –  The Giles County School Board has voted to remove a copy of the Ten Commandments from the wall of a school.

The American Civil Liberties Union of Virginia had sued on behalf of a student to remove the Ten Commandments from Narrows High School, saying it violates the First Amendment's protection against government endorsement of religion. A federal judge sent the case into mediation May 7.

The Roanoke Times reports that the board voted unanimously Thursday to replace the display with a copy of a page from a history textbook that mentions the Ten Commandments in conjunction with American government and morality. It was unclear how that would affect the mediation.

The school board voted 3-2 last June to approve the display. The lawsuit was filed three months later.

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FOXNews.com: Arizona man's heirs to get cash found hidden in walls

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Arizona man's heirs to get cash found hidden in walls
Jun 1st 2012, 00:11

PHOENIX –  A U.S. court says a man's heirs are entitled to $500,000 cash that was found in the walls of his former home years after he died.

The Court of Appeals ruling Thursday upholds a judge's decision that the money, stashed in ammunition cans inside the walls, belongs to Robert Spann's estate.

Spann died in 2001. According to the ruling, his daughters found stocks, bonds, cash and gold hidden in his suburban Phoenix home before they sold it seven years later.

The couple who bought the home in Paradise Valley found the cash in the walls during kitchen and bathroom remodeling and laid claim to it.

The Court of Appeals said that legally, the money was only mislaid, not abandoned, so it still belonged to Spann's estate.

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FOXNews.com: Rep. Bass: bill would make it easier for social workers to access education records

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Rep. Bass: bill would make it easier for social workers to access education records
May 31st 2012, 23:52

MIAMI –  Federal lawmakers proposed a bill Thursday that would give social workers better access to school records in an effort to improve education for foster children.

A federal law requires social workers to get a court order to access a foster child's school records, and it was meant to protect the child's privacy. But advocates said the extra red tape has made it extremely difficult for social workers because foster youths change schools frequently as they move between different homes. Some end up taking the same classes over because credits are lost or don't transfer.

Rep. Karen Bass, D-Calif., said that extra red tape was a perfect example of unintended consequences of well-meaning legislation. She sponsored the bill with Michelle Bachmann, R-Minn.; Tom Marino, R-Pa.; and Jim McDermott, D-Wash.

"The consequence is that a lot of times foster workers end up operating blindly. If you can't get your school records to travel with you, that student goes to another school and repeats course they've already had or immunizations they've already had," said Bass, who said the group is trying to capitalize on bipartisan support for the bill.

The proposed law would give child welfare workers access to school records and pave the way for better data sharing between education and child welfare agencies. The bill would also allow child welfare agencies to use education records to study how well foster kids are measuring up to federal education mandates.

Bass has been traveling the country discussing foster care issues. She met with officials in Florida in March.

The group of sponsors has centered on education issues, noting that 50 percent of the nation's more than 400,000 foster kids won't graduate from high school. Nearly 94 percent of those who do make it through high school do not finish college, according to a 2010 study from Chapin Hall, the University of Chicago's research arm.

Advocates say it's been difficult to coordinate policies and data sharing among multiple government agencies.

Last fall, federal child welfare officials sent a letter advising education and child welfare to state officials of a 2008 law that requires the children to remain at the same school after they are placed in a new foster home. It is routinely ignored by state and local officials who say it's impractical and too expensive.

About 40 foster youths from around the country attended press conference to announce the legislation in Washington. They were also shadowing lawmakers, and to share their stories at policy briefings. A 22-year-old former foster year shadowed Bass for the day.

"You're just in awe of the circumstances that some of these kids have survived and the progress that they've made in spite of those," Bass said.

Former Florida foster youth Breon Callins shadowed Rep. Alcee Hastings, D-Fla., for the day and said he was inspired by the Florida congressman's passion for policy issues.

Callins, who was in foster care from ages 9 to 12 years old, is now 20 and working on a degree in forensic accounting. He also works with an organization that helps foster youths who age out of the system without being adopted. He spoke to lawmakers Thursday about the importance of funding programs in every state that help older foster youths get into college, find an apartment and transition into adulthood.

"Anything you need they can help you with. They keep you on their radar like if they were an aunt or uncle or something," Callins said. He said many of the foster youths he's talked to tend to take a bit longer to land on their feet in the real world because of the trauma of coming into foster care.

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FOXNews.com: 22 people indicted in Denver drug ring probe

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22 people indicted in Denver drug ring probe
Jun 1st 2012, 00:56

DENVER –  Twenty-two people have been indicted on drug and money laundering charges following a more than year-long investigation by federal and local authorities in Denver.

The U.S. Attorney's Office and authorities in a news conference Thursday say the drug ring led by a Northglenn resident transported meth to Denver from California using tractor-trailers. Drug Enforcement Administration Special Agent in Charge Barbra Roach says the ring then smuggled thousands of dollars in cash back to California and used bank accounts to transfer money. In one instance the cash was in a truck load of milk, and another case strapped to a teenager.

Twenty people were arrested Wednesday during raids in Denver, California, Utah and Iowa that also netted 6 pounds of methamphetamine, $715,000 in cash and property and a firearm. Two other suspects remain at large.

Authorities also seized two tractor-trailers and 2010 Camaro.

If convicted, the defendants face between 5 years to life in prison.

First Assistant U.S. Attorney Bob Troyer said the investigation was the result of the Organized Crime Drug Enforcement Task Force, one of eleven across the country that started in Denver in July. The task force is comprised of federal agencies, the Colorado State Patrol and the Aurora, Denver and Lakewood police departments.

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FOXNews.com: Jerry Sandusky asks Pa. appeals court to delay proceedings in child sexual abuse case

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Jerry Sandusky asks Pa. appeals court to delay proceedings in child sexual abuse case
May 31st 2012, 23:53

HARRISBURG, Pa. –  A former Penn State assistant football coach accused of molesting boys is asking an appeals court to delay the proceedings against him.

Jerry Sandusky's attorney Karl Rominger filed a petition for review and application for a stay with the Superior Court in Harrisburg on Thursday, five days before jury selection is scheduled to begin in Sandusky's child sexual abuse case.

The online docket doesn't explain the nature of the petition.

Sandusky attorney Joe Amendola has declined to comment, citing a gag order. A spokesman for the attorney general's office won't comment.

The 68-year-old Sandusky is accused of molesting 10 boys, some on campus. He has repeatedly denied the allegations.

Penn State's president says the university is trying hard to put the child sex abuse scandal in its rearview mirror and is healing.

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FOXNews.com: New Jersey man claims drugstore refused to sell him morning-after pill

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New Jersey man claims drugstore refused to sell him morning-after pill
May 31st 2012, 19:25

A New Jersey man claims a local Rite Aid refused to sell him the morning-after pill because he is male, prompting the American Civil Liberties Union to launch a battle against the drugstore's alleged discrimination.   

Andrew Andrade, a 25-year-old graduate student, was trying to buy Plan B for his girlfriend last month. According to FDA guidelines, anyone 17 and over can purchase the drug, which is an over-the-counter form of emergency contraception also known as the "morning-after pill."

"They said, 'I can't sell it to you because you are male,'" Andrade, of Jersey City, said Wednesday, according to The Star-Ledger.

"I was really upset and I knew they were wrong," he added, according to the paper.

ACLU-NJ Deputy Director Jeanne LoCicero sent a letter to the Pennsylvania-based national chain on behalf of Andrade, claiming Rite Aid's refusal to sell him the drug "amounts to discrimination."

"Couples who share responsibility for healthcare decisions should not face unnecessary obstacles," LoCicero said. "Pharmacists and other staff do not have the personal discretion to interfere with the fundamental rights surrounding some of the most intimate decisions a person can make."

The ACLU said in a statement it is seeking an apology for Andrade and "corrective action" for Rite Aid's violations.

Rite Aid spokeswoman Ashley Flower said Wednesday the company is looking into the incident to see what happened, according to The Star-Ledger.

"Our policy is to sell the Plan B product to anyone, male or female, 17 years and older, as long as they have valid, government-issued identification," she said.

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FOXNews.com: NJ Democrats reject Christie's 2nd Supreme Court nomination: a gay black Republican mayor

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NJ Democrats reject Christie's 2nd Supreme Court nomination: a gay black Republican mayor
May 31st 2012, 19:27

TRENTON, N.J. –  New Jersey Democrats have rejected Gov. Chris Christie's nomination of a gay black Republican mayor to the state Supreme Court.

Morris County Mayor Bruce Harris was turned down Thursday by a vote of 7 to 6 after a four-hour hearing.

It's the same margin by which another Christie nominee, First Assistant Attorney General Phillip Kwon, was voted down two months ago.

Democrats who control the Senate Judiciary Committee questioned Harris' lack of courtroom experience and vow to recuse himself from deciding gay marriage cases.

Harris says his prior support of gay marriage creates a perception that he would be biased on the issue.

The 61-year-old would have been the state's third black justice and the court's first openly gay jurist.

The seven-member Supreme Court is all-white with two vacancies.

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FOXNews.com: House fails to approve ban on abortions based on gender of fetus

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House fails to approve ban on abortions based on gender of fetus
May 31st 2012, 18:19

WASHINGTON –  Legislation coming up for a House vote would make it a federal crime to carry out an abortion based on the gender of the fetus. The measure takes aim at the aborting of female fetuses, a practice more common to countries such India and China, where there is a strong preference for sons, but which is also thought to take place in this country.

The mainly Republican supporters of the bill characterized the vote as a sex-discrimination issue at a time when Democrats are accusing Republicans of waging a war on women. Abortion rights advocates argued that the bill exploits the problem of selective abortion to further limit a woman's right to choose.

The House Republican leadership brought the bill to the floor under a procedure requiring a two-thirds majority for passage, and the outcome was uncertain. To help assure passage, the authors removed a contentious provision of the bill that would have also banned abortions based on the race of the fetus.

Even if it passes the House, the measure faces a dim future in the Democratic-controlled Senate.

The legislation, sponsored by anti-abortion activist Rep. Trent Franks, R-Ariz., would make it a federal offense, subject to up to five years in prison, to perform, solicit funds to perform or coerce a woman into a sex-selection abortion. Bringing a woman into the country to obtain such an abortion would also be punishable by up to five years in prison.

"We are the only advanced country left in the world that still doesn't restrict sex-selection abortion in any way," said Franks, who has also collided with pro-choice groups recently over a bill he is pushing to ban abortions in the District of Columbia after 20 weeks of pregnancy. "This evil practice has now allowed thousands of little girls in America and millions of little girls across the world to be brutally dismembered."

Franks and others say there is evidence of sex-selection abortions in the United States among certain ethnic groups from countries where there is a traditional preference for sons. The bill notes that while the United States has no law against such abortions, countries such as India and China, where the practice has contributed to lopsided boy-girl ratios, have enacted bans on the practice.

Lawmakers "who recently have embraced contrived political rhetoric asserting that they are resisting a 'war on women' must reflect on whether they now wish to be recorded as being defenders of the escalating war on baby girls," said National Right to Life Committee legislative director Douglas Johnson.

His group, in a letter to lawmakers, said there are credible estimates that 160 million women and girls are missing from the world due to sex selection.

But the Guttmacher Institute, an organization that favors abortion rights, said evidence of sex selection in the United States is limited and inconclusive. It said that while there is census data showing some evidence of son preference among Chinese-, Indian- and Korean-American families when older children are daughters, the overall U.S. sex ratio at birth in 2005 was 105 boys to 100 girls, "squarely within biologically normal parameters."

NARAL Pro-Choice America president Nancy Keenan said that while her group has long opposed "reproductive coercion," ''the Franks bill exploits the very real problem of sex discrimination and gender inequity while failing to offer any genuine solutions that would eliminate disparities in health care access and information."

Marcia Greenberger, co-president of the National Women's Law Center, said the bill fosters discrimination by "subjecting women from certain racial and ethnic backgrounds to additional scrutiny about their decision to terminate a pregnancy."

"Doctors would be forced to police their patients, read their minds and conceal information from them," said Rep. Jerrold Nadler, D-N.Y.

With the focus on the economy, abortion and other social issues have not been in the spotlight this year. Still, Franks' D.C. bill and other bills on parental notification and eliminating funds for international family planning groups are working their way through the House, and last year the GOP-led House passed bills to deny funds to Planned Parenthood, effectively ban abortion coverage in state health-insurance exchanges and bar funds from being used by teaching health centers for training in abortion care. Those efforts died in the Senate.

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FOXNews.com: Priest accused of abuse says archdiocese payment helped transition to life outside priesthood

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Priest accused of abuse says archdiocese payment helped transition to life outside priesthood
May 31st 2012, 18:13

MILWAUKEE –  The Archdiocese of Milwaukee and a former priest who received money to leave the ministry following allegations of sexual abuse say the payment was a form of charity meant to help men transition to a new life following the priesthood.

The archdiocese acknowledged it paid suspected pedophile clergy to leave the priesthood after an abuse victims' group produced a court document that references a 2003 proposal to pay $20,000 to "unassignable priests" who agree to leave the ministry. The document from the archdiocese's bankruptcy proceedings includes minutes from a 2003 meeting of its Finance Council, which included then-Archbishop Timothy Dolan, now a cardinal and head of the New York archdiocese.

Council members discussed how the church should handle sexual abuse complaints, a possible budget deficit and how to cut costs. One proposal offered $20,000 to "unassignable priests" who agreed step down from the ministry.

The Survivors Network of Those Abused by Priests characterizes the payments as a payoff to priests who molested children.

"This was a signing bonus for signing papers that would be sent to the Vatican," SNAP Midwest director Peter Isely said. "They needed to have been fired. You don't pay someone who has committed a criminal act. You fire them. Period."

The archdiocese says similar payments were made to men leaving the priesthood long before allegations of sexual abuse surfaced in the Catholic church. Archdiocese spokeswoman Julie Wolf said the payments are a type of severance pay.

"In a sense, it was a sense of charity to help those men transition from the clergy state to the lay state," Wolf said. As a church, Wolf said officials have a responsibility not only to victims of clergy abuse, but to those accused of abuse.

"The church is not giving this money, saying it's acceptable," she said. "It's our calling as Christians to be forgiving."

Wolf said there is no formal policy on offering the payments to departing priests, but referred to it a practice.

Jerome A. Wagner said he accepted $20,000 from the archdiocese "because it was time to move on" after he was accused of assaulting a minor. Wagner was never criminally charged, but the archdiocese has acknowledged the accusations against him.

"I viewed it as a charity payment on their part to help me get along," Wagner said. "I just viewed it as help for me to readjust to a new way of life."

Wager said he initiated the process to leave the church with the Vatican and was told by the archdiocese he would receive $10,000 at the beginning of the process and $10,000 when it was over.

Wagner used the money to attend a mortuary school in Illinois. He graduated in 2004 and is a licensed funeral home director in Fond du Lac, the same community where he left the priesthood in 2002.

Because the process of leaving the priesthood can take several years, Wolf said the payments to accused priests are meant to quickly move them out of the ministry and save costs because a priest's salary alone can be about $55,000 a year.

The archdiocese acknowledged in 2006 that it gave $10,000 to former priest Franklyn Becker to help pay his health insurance until he became eligible for Medicare.

Dolan, who was archbishop when the payment was made, issued a strong statement saying it was not a "payoff" and the suggestion was "completely false, preposterous and unjust."

Dolan asked then-Cardinal Joseph Ratzinger in 2003 to defrock Becker after allegations of repeated sexual abuse of children that dated back to at least 1970. Dolan wrote the letter about two weeks after Becker was arrested in California in connection to a sexual assault there in the 1970s. Becker was removed from the priesthood in 2004.

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FOXNews.com: Michigan schools vote to allow sports age limit to be lifted for disabled students

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Michigan schools vote to allow sports age limit to be lifted for disabled students
May 31st 2012, 18:16

DETROIT –  A 19-year-old student with Down syndrome may be able to play football and basketball during his senior year after schools voted in favor of lifting the age limit for sports eligibility under certain circumstances, the Michigan High School Athletic Association announced Thursday.

Of the 701 senior high and junior high/middle schools that cast legal ballots, 94 percent approved the rule change, the association said.

The push to loosen the requirement was accelerated after Eric Dompierre petitioned to be able to play sports next season at Ishpeming High School, west of Marquette in the central Upper Peninsula. Dompierre, who already has turned 19, started school late because of the genetic disorder.

Dompierre's father said his son hadn't yet been notified of the vote.

"I'm sure he'll be extremely happy," Dean Dompierre told The Associated Press in a telephone interview shortly after the MHSAA announced the results of the voting. "He's been somewhat stressed about it. ... Now he finds out today that all the work that he's put in is gonna pay off and is gonna allow him to play another year.

"He'll be ecstatic," the father said.

Dean Dompierre said he plans to work "by tomorrow" with Ishpeming High officials to obtain the paperwork needed to formally file a waiver request with the MHSAA.

Under the previous language of the group's constitution, students who turned 19 before Sept. 1 were prohibited from playing sports for the full academic year.

The new rule states that:

— A student's educational progress must have been delayed prior to initial enrollment in the ninth grade solely because of a medically documented disability under the federal Americans with Disabilities Act or Michigan's Persons With Disabilities Civil Rights Act.

— At the time of the waiver request, a student must have a defined disability documented to diminish both physical and either intellectual or emotional capabilities, does not create a health or safety risk to participants and does not create a competitive advantage for the team.

Fewer than half of the MHSAA's nearly 1,600 public and private high schools and junior high schools voted on the matter, a fact noted by John E. "Jack" Roberts, the group's executive director.

"Our challenge now is to demonstrate to the negative voters and to those many schools which didn't cast a vote at all, that this is a narrow gate that preserves the integrity of the program as effectively as the previous rule that was so well understood and respected," Roberts said in a statement.

Michigan was one of about 40 states using the maximum age of 19 or a younger maximum age limit.

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FOXNews.com: Defense argues in landmark Philly priest trial that monsignor not to blame for church's sins

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Defense argues in landmark Philly priest trial that monsignor not to blame for church's sins
May 31st 2012, 18:20

PHILADELPHIA –  A Roman Catholic church official is being unfairly prosecuted for the sins of the church and the rogue conduct of predator-priests, a defense lawyer said Thursday as he asked jurors in a groundbreaking trial to acquit his client.

"You have witnessed evil in this courtroom. You have seen the dark side of the church. You've seen grown men come into this courtroom and weep because they were abused," said lawyer Thomas Bergstrom. "And now, the sins of all these fathers that he laid bare — that he laid bare — are now laid at his feet."

Prosecutors in Philadelphia are paving new legal ground as they pursue Monsignor William Lynn for his handling of abuse complaints when he served as secretary for clergy at the archdiocese from 1992 to 2004. Lynn, 61, is the first U.S. church official to be charged criminally for his administrative decisions regarding priests accused of sexual abuse. He faces up to 21 years in prison if convicted of conspiracy and felony child endangerment.

Bergstrom argued that Lynn alone tried to document the abuses, only to have Cardinal Anthony Bevilacqua and his bishops fail to act. Lynn reviewed or received hundreds of allegations lodged against more than 60 priests.

In 1994, he compiled a list of problem priests — including three diagnosed pedophiles and a dozen priests deemed "guilty" of the abuse — and sent it to Bevilacqua. Bevilacqua had the list shredded, according to a memo that surfaced only this year, days after Bevilacqua's death in January.

Lynn testified that he never knew the list was shredded, and his name is not on the "shred memo," the closest thing to a smoking gun in the case.

During three grueling days of testimony, Lynn insisted that he lacked the authority to remove or transfer priests. That power rested with the cardinal, he said.

"He's being prosecuted for something that he couldn't do," Bergstrom said.

Instead, Lynn said his job was to interview the accuser and the accused, and send priests for mental-health evaluations or treatment. Jurors have seen hundreds of confidential church documents, many of them written by Lynn for secret church archives.

"This is some conspiracy to conceal abuse in the archdiocese, when you are writing memos that are as detailed as this," Bergstrom said.

The Rev. James Brennan, a co-defendant, is charged in a 1996 sexual assault. His lawyer called the alleged victim a "con man" motivated by legal and financial problems.

Prosecutors were expected to give their closing arguments Thursday afternoon.

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FOXNews.com: BP's refinery in Wash. state resumes operations after 3-month outage for fire repairs

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BP's refinery in Wash. state resumes operations after 3-month outage for fire repairs
May 31st 2012, 17:25

BLAINE, Wash. –  A BP refinery in Washington state that shut down after a February fire has resumed normal operations.

BP spokesman Scott Dean in Chicago said Thursday that repairs and maintenance were completed in May at the Cherry Point refinery near Blaine.

The three-month outage has been cited as one reason that gasoline prices have been higher on the West Coast than the rest of the nation. But other factors also go into the price of gasoline, including increased demand for summer driving.

BP Cherry Point is the third-largest refinery on the West Coast. It produces 20 percent of Washington's gasoline needs and supplies the majority of jet fuel for Sea-Tac, Portland and Vancouver, British Columbia, airports.

The refinery was hit by a fire Feb. 17.

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