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21、Ex-guards, nurse charged in camp death By MELISSA NELSON, Associated Press Writer
Tue Nov 28, 6:44 PM ET



PENSACOLA, Fla. - Seven former guards at a juvenile boot camp were charged with aggravated manslaughter of a child Tuesday in the videotaped pummeling of a 14-year-old boy who later died ― a case that led to the dismantling of Florida's military-style detention system for young offenders.

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Also charged was a nurse who can be seen on the tape watching as guards repeatedly kneed and hit Martin Lee Anderson during a 30-minute scuffle on Jan. 5. Guards said the boy was uncooperative and had refused to participate in exercises.

The teen collapsed in the exercise yard at the camp in Panama City and died at a hospital the next day.

The death sparked protests at the state Capitol and led to a shake-up in Florida's criminal justice system and the resignation of Florida's top law enforcement officer.

If convicted, the former guards and the nurse could get up to 30 years in prison. Bail was set at $25,000 each.

Pamela Bondi, a spokeswoman for special prosecutor Mark Ober, said that the defendants are to be arraigned in mid-January and that they will be tried together.

Nurse Kristin Anne Schmidt was expected to surrender Tuesday evening, she said.

Attorneys for three of the former guards ― Charles Helms Jr., Joseph Walsh II and Raymond Hauck ― said their clients denied any wrongdoing. Phone messages were left for lawyers representing Schmidt and two other former guards.

Anderson had been sent to the boot camp for violating probation in a theft case. Boot camps often use grueling exercise to instill discipline in juvenile delinquents.

An initial autopsy found Anderson died of complications of sickle cell trait, a usually benign blood disorder. But after an uproar and cries of a cover-up, a second autopsy was conducted by another medical examiner, and it concluded Anderson suffocated because of the actions of guards.

Dr. Vernard Adams, who performed the second autopsy, said the suffocation was caused by hands blocking the boy's mouth, as well as the "forced inhalation of ammonia fumes" that caused his vocal cords to spasm, blocking his airway.

The guards said in an incident report that they used ammonia capsules five times on Anderson to gain his cooperation.

"Today is a good day for me," said Gina Jones, Anderson's mother. "I'm finally getting justice for my baby."

Benjamin Crump, the lawyer for the boy's parents, who have been demanding for months that the guards be charged with murder, said the videotape leaves no doubt the guards are guilty.

"You wouldn't do this to your dog," Crump said. "Stuffing ammonia tablets up his nose, pulling his neck back, covering his mouth."

In April, college students staged a two-day protest in Gov.     Jeb Bush's office. The Revs.     Jesse Jackson and     Al Sharpton joined the students and Anderson's parents for a march on the Capitol.

Florida Department of Law Enforcement chief Guy Tunnell, who started Bay County's boot camp when he was sheriff there, resigned under criticism after he compared Jackson to Jesse James and Sen. Barack Obama, D-Ill., to     Osama bin Laden in an agency meeting.

Bush signed a bill in May to replace Florida's boot camps with programs that offer job training and counseling and prohibit physical discipline.

Anderson's family has sued the state Department of Juvenile Justice, which oversaw the boot camp system, and the Bay County Sheriff's Office, which ran the camp. The family is seeking more than $40 million.

"We also hope that once the process is completed that Martin Lee Anderson's family will have the answers to the questions that they legitimately have," the governor said

22、Security Council extends mandate in Iraq By EDITH M. LEDERER, Associated Press Writer
Tue Nov 28, 5:58 PM ET



UNITED NATIONS - The     U.N. Security Council voted unanimously Tuesday to extend the mandate of the 160,000-strong multinational force in     Iraq for one year, acting quickly ahead of a key meeting between U.S. and Iraqi leaders aimed at halting escalating violence in the country and paving the way for a reduction of American troops.

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The council responded to a request from Iraqi Prime Minister Nouri al-Maliki, who said a top government priority is to assume full responsibility for security and stability throughout the country but that it needs more time.

Al-Maliki, who was scheduled to meet with     President Bush in Amman, Jordan, on Thursday, gave no timetable for a takeover of military and security operations. But the Iraqi prime minister said the government is committed to putting all 18 provinces under Iraqi control ― up from the two now under Iraqi authority.

The resolution, drafted by the United States, extends the mandate of the multinational force for one year starting on Dec. 31 and authorizes a review of the mandate at the request of the Iraqi government or by June 15. The resolution contains the same provision as past resolutions ― a commitment that the council "will terminate this mandate earlier if requested by the government of Iraq."

U.S. Ambassador John Bolton welcomed the council's support for the multinational force and its speedy adoption of the resolution, which was co-sponsored by Britain, Denmark, Japan and Slovakia.

"I think this is a very important decision by the council," Bolton said. "It shows the resolve to continue to cooperate with the government of Iraq."

Russia's U.N. Ambassador Vitaly Churkin backed the resolution but expressed concern that it did not include Moscow's proposal to continue "the political process in Iraq," or promote "a constructive interaction" with Iraq's neighbors to help stabilize the country quickly.

Despite efforts made by the Iraqi government and the multinational force, he said, "the growth of violence and terrorist activity continues." He called the continuing division of Iraq's Arab population a great threat for the future of the country and said national reconciliation is vital.

France's U.N. Ambassador Jean-Marc de La Sabliere also expressed concern at the worsening security situation. "We all share the same objective, which is to help Iraq to not fall into the civil war that threatens it, and to recover the stability that it aspires to," he said.

Sectarian violence in Iraq is at its worst level in the 3 1/2 years since a U.S.-led coalition invaded the country and toppled     Saddam Hussein.

Bush's summit comes as members of the Iraq Study Group, an independent U.S. panel, mull recommendations for changes in U.S. war policy that would help restore peace and security and enable the United States to reduce its 141,000 troops.

U.N. Secretary-General     Kofi Annan said Tuesday that     Iran and     Syria should work with the United States and the international community to resolve the Iraq conflict.

"I have been quite clear that the two countries have a role to play and they should become part of the solution," he said. "And we should bring them in and get them to work with us in resolving the issue, and let them assume some of the responsibility."

Annan indicated this was one of "quite a few" recommendations he made to the Iraq Study Group's members by teleconference on Monday, hours after he told reporters Iraq is close to civil war.

"I think given the developments on the ground, unless something is done drastically and urgently to arrest the deteriorating situation, we could be there," Annan said. "In fact, we are almost there."

Asked about Annan's call for Iran and Syria to be brought into an Iraq solution, Bolton said, "We take due note." Bush has said the U.S. will not talk to Iran until it suspends uranium enrichment, a process that can be used to make nuclear weapons.

23、Red Sox make offer to Matsuzaka By JIM ARMSTRONG, AP Sports Writer
Tue Nov 28, 4:00 PM ET



TOKYO - The Red Sox have made an offer to pitcher Daisuke Matsuzaka that Boston president Larry Lucchino describes as "fair" and "comprehensive."

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Lucchino, in Tokyo on Tuesday after meeting with representatives of Matsuzaka's Seibu Lions, said the Red Sox have taken the next step toward signing the Japanese star.

"We have sent a formal offer to Matsuzaka and his agent Scott Boras," Lucchino said. "I believe it is fair and comprehensive, and offers a great deal of security and a substantial level of compensation."

Boston bid $51.1 million for the right to negotiate with Matsuzaka, who was the MVP of last spring's World Baseball Classic. The team has until the end of Dec. 14 to sign him.

In his meetings with Seibu officials, Lucchino said he discussed the possibility of the Red Sox and the Lions forming a long-term "working relationship."

Such a relationship could help facilitate a deal if contract talks stall. Media reports have said the sides are far apart in early negotiations.

If the Red Sox don't sign Matsuzaka, his rights returns to the Lions. To avoid that, Seibu could reduce the bid to help the sides reach a deal.

Lucchino brushed aside suggestions that the bid was made just to block the     New York Yankees from signing Matsuzaka.

"I assure you that the notion that this is a primarily defensive maneuver is preposterous," Lucchino said, adding that 51.1 million is "obviously a historical number but we are talking about a national living treasure and an exceptional baseball player."

Lucchino sounded confident that a deal will be reached.

"We know it's been his dream to play in the major leagues and we are proud that he will live out his dream in Boston with the     Boston Red Sox," Lucchino said.

24、Sen. Reid: Ethics, stem cells top agenda By NEDRA PICKLER, Associated Press Writer
Tue Nov 28, 4:09 PM ET



WASHINGTON - Ethics reform, a higher minimum wage and more money for stem cell research are the top items on the Senate agenda next year, incoming Senate Majority Leader Harry Reid said Tuesday in an interview with The Associated Press.

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Reid said he will tackle those priorities after cleaning up the "financial mess" that the outgoing Republican leadership has left. He was referring to nine long overdue appropriations bills covering 13 Cabinet departments for the budget year that began Oct. 1.

"They're just leaving town, it appears," Reid said from his office in the Capitol. "We hope that's not the case, but it appears that's what they are going to do. And so we're going to have to find a way to fund the government for the next year."

The must-pass legislation totals more than $460 billion and promises to divert time and energy from other items on the Democratic agenda.

Reid also said he's doing away with the "do-nothing Congress" that Democrats campaigned against this year as they ousted the Republican majority in both chambers of Congress. The Nevada Democrat, who is wrapping up his final days as Senate minority leader, will take control of the Senate agenda when the new Congress takes the oath of office in January.

"We're going to put in some hours here that haven't been put in in a long time," Reid said. That means "being here more days in the week and we start off this year with seven weeks without a break. That hasn't been done in many, many years here."

Reid said he hopes that     President Bush is willing to work with the Democratic congressional leadership, but the early signs have not been encouraging. He said the White House has not reached out to him since his meeting with Bush in the Oval Office on Nov. 10. "Sorry to say," Reid said.

Bush used the only veto of his presidency so far to reject a bill passed by Congress last year that would have expanded embryonic stem cell research through government funding.

Supporters of such research say it could lead to treatments and cures for a wide variety of ailments, including Alzheimer's and Parkinson's disease and spinal cord injuries. Bush and abortion foes, however, have opposed embryonic stem cell research because the embryos die in the process of harvesting the stem cells from them.

Reid said he hoped the president "will relent and see the light" that the research gives hope to Americans struggling with illnesses and injuries. He said the Senate is "not even close" to having the two-thirds vote necessary to override Bush's veto, but he hopes some Republicans will join the Democrats after losing the election this month.

The election came on the heels of several ethical scandals involving lawmakers, and Reid said reform is needed. He said "the first thing we do" will be to try to cut the practice of lawmakers anonymously inserting "earmarks" ― narrowly tailored spending that often helps a specific company or project in their district ― into bills.

Citizens Against Government Waste, a taxpayer watchdog group, said there were 9,963 such projects in the spending bills for the 2006 budget year, costing $29 billion.

The third item at the top of Reid's agenda is increasing the minimum wage from $5.15 to $7.25 an hour. The White House has signaled that Bush may be willing to consider the proposal.

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On the Net:

http://reid.senate.gov

25、Baby beluga dies at Spain marine park Tue Nov 28, 6:50 PM ET



MADRID, Spain - A baby beluga whale born in a Spanish marine park ― the first beluga whale born in captivity in Europe ― has died at the age of 25 days, officials said Tuesday.

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Officials at the Oceanographic park in Valencia said the whale had died Monday. While the exact cause of the young mammal's death remained uncertain, "the incident probably occurred because the young whale never adapted to artificial milk," a park statement said.

The beluga's 8-year-old mother, Yulka, is the youngest whale to give birth in captivity. She weighs just under 1,100 pounds.

Because of her inexperience, Yulka was unable to nurse her infant and stopped producing milk ― despite efforts by aquarium staff to pump milk from her mammary glands, said Pablo Areitio, director of biology, and Daniel Garcia, chief veterinarian at the marine park.

The baby beluga, who weighed about 140 pounds, had suffered from an irregular swimming style and excessive buoyancy since his Nov. 2 birth.

While marine park staff were dismayed at the infant's death, it was not entirely unexpected, the statement said. During the first few months of life, offspring of first-time mothers have only a 42 percent chance of survival in a natural environment, park officials said.

The experience Yulka gained over the last several weeks may increase the survival chances of future offspring, officials said.

26、Judge strikes down Bush on terror groups By LINDA DEUTSCH, AP Special Correspondent
Wed Nov 29, 6:46 AM ET



q LOS ANGELES - A federal judge struck down     President Bush's authority to designate groups as terrorists, saying his post-Sept. 11 executive order was unconstitutional and vague.

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Some parts of the Sept. 24, 2001 order tagging 27 groups and individuals as "specially designated global terrorists" were too vague and could impinge on First Amendment rights of free association, U.S. District Judge Audrey Collins said.

The order gave the president "unfettered discretion" to label groups without giving them a way to challenge the designations, she said in a Nov. 21 ruling that was made public Tuesday.

The judge, who two years ago invalidated portions of the U.S. Patriot Act, rejected several sections of Bush's Executive Order 13224 and enjoined the government from blocking the assets of two foreign groups.

However, she let stand sections that would penalize those who provide "services" to designated terrorist groups.

She said such services would include the humanitarian aid and rights training proposed by the plaintiffs.

The ruling was praised by David Cole, a lawyer for the Washington, D.C.-based Center for Constitutional Rights, who represented the plaintiff Humanitarian Law Project.

It "says that even in fighting terrorism the president cannot be given a blank check to blacklist anyone he considers a bad guy or a bad group and you can't imply guilt by association," Cole said.

He said the Humanitarian Law Project will appeal those portions of the executive order which were allowed to stand.

A U.S.     Department of Justice spokesman had a mixed reaction to the judge's ruling.

"We are pleased the court rejected many of the constitutional arguments raised by the plaintiffs, including their challenge to the government's ban on providing services to terrorist organizations," Justice spokesman Charles Miller said Tuesday. "However, we believe the court erred in finding that certain other aspects of the executive order were unconstitutional."

The judge's ruling was a reversal of her own tentative findings last July in which she indicated she would uphold wide powers asserted by Bush under an anti-terror financing law. She delayed her ruling then to allow more legal briefs to be filed.

The long-running litigation has centered on two groups, the Liberation Tigers, which seeks a separate homeland for the Tamil people in Sri Lanka, and Partiya Karkeran Kurdistan, a political organization representing the interests of Kurds in Turkey.

Both groups have been designated by the United States as foreign terrorist organizations.

The judge's 45-page ruling granted in part and denied in part a legal challenge brought by the Humanitarian Law Project, which seeks to provide training to the groups in human rights advocacy and provide them with humanitarian aid.

27、 Police say mother microwaved her baby By JAMES HANNAH, Associated Press Writer
Wed Nov 29, 2:57 AM ET



DAYTON, Ohio - The investigation into the death of a baby who authorities believe was heated in a microwave oven was difficult because of a lack of research on the effect of microwaves on people, a coroner's official said.

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China Arnold, 26, was jailed Monday on a charge of aggravated murder, more than a year after she brought her dead month-old baby to a hospital on Aug. 30, 2005, police said.

"We have reason to believe, and we have some forensic evidence that is consistent with our belief, that a microwave oven was used in this death," said Ken Betz, director of the Montgomery County coroner's office.

He said the evidence included high-heat internal injuries and the absence of external burn marks on the baby, Paris Talley.

That conclusion is supported by the Dayton police investigation, he said.

The death was ruled a homicide caused by hyperthermia, or high body temperature. The lack of external burns ruled out an open flame, scalding water, heating pad or other possible cause of death that would have damaged the skin, Betz said.

Arnold's lawyer, Jon Paul Rion, said she had nothing to do with her daughter's death. She was stunned when investigators told her that a microwave might have been involved, he said.

"China ― as a mother and a person ― was horrified that such an act could occur," Rion said.

Arnold was arrested initially after the baby's death, then released.

There was a lengthy investigation before prosecutors found enough probable cause to issue another arrest warrant, said Greg Flannagan, a spokesman for the county prosecutor's office.

A microwave was taken as evidence, police Sgt. Gary White said.

Municipal Judge Bill Littlejohn set Arnold's bond Tuesday at $1 million. Arnold participated in the hearing from the county jail by a video hookup, giving "yes" and "no" answers to procedural questions. She declined interviews through her attorney, who said his client plans to plead not guilty.

In 2000, a Virginia woman was sentenced to five years in prison for killing her month-old son in a microwave oven.

Nerve damage can occur quickly with microwave injuries, said Louis Bloomfield, a professor of physics at the University of Virginia.

The ovens' electromagnetic waves cook primarily through the presence of water in food, the water molecules heating up as they are twisted back and forth about 2.5 billion times a second, he said.

The night before Paris Talley was taken to the hospital, Arnold and the child's father went out for a short time and left Paris with a baby sitter, Rion said.

The mother didn't sense anything out of the ordinary until the next morning, when the child was found unconscious, Rion said.

The baby's father, Terrell Talley, said his daughter was fine when he and Arnold arrived home after leaving her in the care of the baby sitter, his sister.

"When I went in the house, my baby was sitting in the car seat, she was asleep and she was alive," he said. "The baby sitter ain't had nothing to do with it."

His sister, Lionda Talley, did not return a call for comment.

___

Associated Press writers Dan Sewell in Cincinnati and Erica Ryan in Columbus contributed to this story.

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Philly mayor's brother indicted By MARYCLAIRE DALE, Associated Press Writer
Tue Nov 28, 9:35 PM ET



PHILADELPHIA - The older brother of Mayor John F. Street was indicted Tuesday, accused of using his last name to convince companies he could get them lucrative city contracts and failing to pay taxes on $2 million of income.

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Soon after Street took office in 2000, T. Milton Street Sr. began hiring himself out as a high-priced consultant to companies that thought he could help them get city contracts, the indictment charged. One firm paid Milton Street, who is a longtime hot dog vendor, a $30,000-a-month consulting fee and required him to do no work, authorities said.

He and two other businessmen face charges of mail and wire fraud, filing false tax returns and related counts.

"Milton Street wanted the IRS to believe he was a humble street vendor selling hot dogs and soda," U.S. Attorney Patrick Meehan said. "What he didn't tell them was that he was making millions on nothing more than his last name."

Milton Street, a state lawmaker in the 1980s, has long been a colorful character on the local scene. He made news in recent years with entrepreneurial efforts including a startup company that offers "Duck boat" tours, a venture that landed him in court in a fight with an established tour operator.

The 69-year-old vowed he would be vindicated of the charges and blamed any problems on poor record-keeping.

"I think, honestly, that I stayed in bounds (of the law)" Milton Street said as he arrived at a home in Moorestown, N.J., on Tuesday. "Now, I have to tell you, I am the worst record-keeper in the history of the modern man."

The mayor, who was not charged, said he did not know details of his brother's financial dealings but defended his right to pursue city contracts.

"My brother is allowed to do business with the city of Philadelphia just like any other person," Mayor Street said at a news conference. "As far as I know, he has played by the rules."

The indictment stemmed from an investigation into municipal corruption in Philadelphia.

The wide-ranging probe, which ensnared the former city treasurer and several businessmen, became public three years ago when an     FBI listening device was discovered in the mayor's office. The mayor was never charged.

Federal prosecutors say Milton Street was awarded consulting contracts with companies doing business at two city-owned airports even though he had no experience in facilities maintenance work. His consulting firms contained the name Notlim, which is Milton spelled backward.

One company, General Asphalt Paving, paid him $8,000 a month ― and later $12,500 a month ― to get city business, including a contract for maintenance at Philadelphia International Airport and Northeast Philadelphia Airport, prosecutors said.

Milton Street also was accused of defrauding a prospective airport contractor, who gave him $80,000 on a promise from Milton Street that he could get them a $3.2 million contract that didn't exist, prosecutors said.

29、Pastor arrested in alleged murder plot By OLIVIA MUNOZ, Associated Press Writer
Wed Nov 29, 4:13 PM ET



FRESNO, Calif. - A preacher was arrested at the Mexican border and accused of deliberately crashing his pickup truck and killing an 85-year-old farmer in a scheme to get his hands on the man's multimillion-dollar trust fund.

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Howard Douglas Porter, 55, was being held without bail Wednesday in San Diego on suspicion of murder, attempted murder and embezzlement from an elderly person.

Porter headed the Hickman Community Church, a nondenominational Christian church, when he befriended Frank Craig, a resident of the little town 450 people about 110 miles east of San Francisco.

Craig, who had about $4 million in stocks and real estate left to him when his brother died, had asked Porter to help him build a museum to house the farm equipment he had collected, said sheriff's Deputy Royjindar Singh.

Eventually, Porter was named trustee of Craig's trust, and the church was named as heir, Craig's family told authorities.

Porter spent money on museum plans, but nothing was ever built, authorities said.

Investigators said they believe Porter first tried to kill Craig in 2002 when he veered his truck off a rural road and struck an oak tree. The crash crippled Craig, but did not initially raise suspicions.

In 2004, Porter plunged his pickup truck into an irrigation canal and Craig drowned, Singh said. Porter walked away from both crashes.

"The first crash we had investigated as an accident," Singh said. "But after the second one, the family came to us and said there was something more going on."

The case languished as prosecutors focused on convicting Scott Peterson and sending him to death row for the murder of his pregnant wife, Laci. Porter resigned as pastor last year as suspicions about him mounted.

Porter was arrested Monday at the San Ysidro border station as he returned from Mexico, where he was starting a new mission, Singh said.

Porter's lawyer, Robert Orenstein, did not immediately return calls for comment Wednesday. Nor did the church or Porter's wife.

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Associated Press Writer Garance Burke contributed to this story.

30、Trial begins in 'caged kids' case by JOE MILICIA, Associated Press Writer
Tue Nov 28, 9:31 PM ET



NORWALK, Ohio - A couple on trial for putting some of their 11 adopted children in cages are guilty only of loving them, a defense attorney said Tuesday in his opening statement.

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"Eleven is a strain, a huge strain, but they did it for the right reason," said defense attorney Ken Myers.

The children have a host of health and behavioral problems such as fetal alcohol syndrome and a disorder that involves eating dirt. Sharen and Michael Gravelle have repeatedly said the enclosures were necessary to keep the children from harming themselves or one another.

The Gravelles are charged with 16 counts of felony child endangering and eight misdemeanor child endangering charges.

The children ranged in age from 1 to 14 when authorities removed them in September 2005 from the Gravelles' home in rural Wakeman, about 60 miles from Cleveland. The Gravelles later lost custody, and the youngsters were placed in foster care.

Prosecutor Russell Leffler told jurors that for punishment the children were confined to the cages, forced to eat peanut butter for weeks and dunked headfirst in the toilet.

"It's about chicken wire and wooden boards, being literally cooped up, hotter than blazes in summer, an amazingly shrill alarm and little fingers trying to tear wire," Leffler said.

Myers defended the use of the enclosed beds, which he said were no smaller than an average bunk bed. He said the cages were necessary to protect the children from getting into trouble at night.

"Some of the kids thought they were cool because it felt like being in a fortress," Myers said.

The prosecutor told the jurors the children were rescued from the home after a visit from a social worker who described the cages as "slave quarters."

That social worker, Jo Johnson, testified Tuesday that she visited the Gravelles' home Sept. 9, 2005, after receiving a tip about the cages. She said she saw no physical signs of abuse on the children but determined that the cages, which she likened to slave quarters, constituted abuse.

Myers, during his opening statement, suggested that Johnson came up with the comparison because she and the children are black and the Gravelles are white.

If convicted, Michael Gravelle, 57, and Sharen, 58, could get up to five years in prison on each felony count.