Saturday, June 2, 2012

Kenyan student held in US over alleged cannibalism

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Penn State trial to paint 2 portraits of Sandusky

FILE - This April 5, 2012 file photo shows former Penn State assistant football coach Jerry Sandusky arriving at the Centre County Courthouse in Bellefonte, Pa. Sandusky has been charged with sexually abusing boys. Despite Sandusky?s delay requests, it now appears his case will get under way Tuesday, June 5, 2012, with selection of jurors from among neighbors in the area around Penn State, a location that before November could be called Happy Valley without a hint of irony or bitterness. (AP Photo/Matt Rourke, File)

FILE - This April 5, 2012 file photo shows former Penn State assistant football coach Jerry Sandusky arriving at the Centre County Courthouse in Bellefonte, Pa. Sandusky has been charged with sexually abusing boys. Despite Sandusky?s delay requests, it now appears his case will get under way Tuesday, June 5, 2012, with selection of jurors from among neighbors in the area around Penn State, a location that before November could be called Happy Valley without a hint of irony or bitterness. (AP Photo/Matt Rourke, File)

FILE - In this Sept. 16, 2006 file photo, then Penn State coach Joe Paterno watches the college football game against Youngstown State in State College, Pa. Paterno, the Penn State football coach since 1966, was told by an assistant coach that he saw former Penn State defensive coordinator Jerry Sandusky and a young boy in a shower on the Penn State campus and Paterno in turn, told Penn State officials. The Penn State Board of Trustees ousted him on Nov. 6, 201 for what was called his ?failure of leadership? surrounding allegations about Sandusky. He died of lung cancer Jan. 22, 2012. Despite Sandusky?s delay requests, it now appears his case will get under way Tuesday, June 5, 2012, with selection of jurors from among neighbors in the area around Penn State, a location that before November could be called Happy Valley without a hint of irony or bitterness. (AP Photo/Carolyn Kaster, File)

FILE - In these Nov. 7, 2011 file photos, former Penn State vice president Gary Schultz, left, and former athletic director Tim Curley, right, enter a district judge's office for an arraignment in Harrisburg, Pa., for their actions related to the sex abuse scandal surrounding former Penn State assistant football coach Jerry Sandusky. Despite Sandusky?s delay requests, it now appears his case will get under way Tuesday, June 5, 2012, with selection of jurors from among neighbors in the area around Penn State, a location that before November could be called Happy Valley without a hint of irony or bitterness. (AP Photo/Brad Bower, left, Matt Rourke, right, File)

FILE - In this file photo from Dec. 13, 2011, Joe Amendola, attorney for former Penn State University assistant football coach Jerry Sandusky who is accused of molesting boys over a 15-year period, talks with media outside the Centre County Courthouse in Bellefonte, Pa. Amendola has been second-guessed for allowing Sandusky to go on network television and speak at length with a reporter for The New York Times after his arrest. Despite Sandusky?s delay requests, it now appears his case will get under way Tuesday, June 5, 2012, with selection of jurors from among neighbors in the area around Penn State, a location that before November could be called Happy Valley without a hint of irony or bitterness. (AP Photo/Gene J. Puskar, File)

BELLEFONTE, Pa. (AP) ? Before his arrest on child molestation charges seven months ago, Jerry Sandusky was widely considered a living Penn State sports legend and the founder of an exemplary organization that worked with at-risk children.

Then came allegations, spelled out in a pair of grand jury reports, that a monster was concealed beneath a veneer of respectability and charitable leadership, a man who would target and groom boys systematically to feed predatory sexual desires.

Despite Sandusky's repeated delay requests, it now appears the case will get under way Tuesday with the selection of jurors from among his neighbors in the central Pennsylvania county that is home to Penn State, an area that before November could be called Happy Valley without a hint of irony or bitterness.

The scandal toppled football coach Joe Paterno, forced major changes at the highest levels of Pennsylvania's largest and most prominent university, and raised still-unanswered questions about the response by various people to the warning signs that had periodically arisen over more than a decade.

After months of planning, court officials say they are prepared for what could be several weeks of trial, building on experiences in other states with high-profile proceedings. About 250 reporters have registered to attend, and 29 television trucks are expected in tiny Bellefonte.

"I think we're ready to go. A few loose ends between now and Monday night, maybe even Tuesday morning, but we're pretty confident we're ready," said Jim Koval, spokesman for the Administrative Office of Pennsylvania Courts.

The Nittany Lions' former defensive coordinator has consistently maintained his innocence, so jurors will have to sort out which of the two dramatically opposed versions of Jerry Sandusky is the truth: the avuncular ex-coach devoting his life to help needy children, or the predator who used his access to boys to commit vile and criminal sexual attacks?

He was arrested twice, the first time in early November, when prosecutors charged him with abusing eight boys, including two whose identities had not ? and still have not ? been determined by investigators, boys witnesses said were subjected to sexual acts by Sandusky inside football team showers.

The second arrest came about a month later, when state prosecutors added charges related to two more boys. Sandusky's lawyers are still seeking to have all or some of the 52 counts against him dismissed on various grounds, more than enough counts to send the 68-year-old defendant to prison for the rest of his life.

The case has followed a twisted path to trial, starting with the decision by all the judges in Centre County to recuse themselves, so the state Supreme Court brought Judge John Cleland, a veteran jurist from northwestern Pennsylvania, to preside.

More recently, his lawyers sought several times to delay the trial, but a state appeals court turned them down after Cleland ruled against them and kept the case on track to begin this week. Defense attorneys have appealed to the Pennsylvania Supreme Court, which could rule sometime Monday.

On Friday, a group of news organizations that includes The Associated Press sought clarity on what types of electronic transmissions will be permitted from the courtroom during trial.

Sandusky's wife, Dottie, has stood by him, posting his bail and issuing a statement in early December that said the accusers had concocted lies that left her "shocked and dismayed." Sandusky appeared on NBC to deny he was a pedophile and ramble on when asked if he was sexually attracted to boys.

He later revisited the topic, telling The New York Times the question took him aback.

"I was sitting there saying, 'What in the world is this question?' You know, if I say, no, I'm not attracted to boys, that's not the truth, because I'm attracted to young people, boys, girls ..." he said.

Sandusky hasn't given any more interviews, and Cleland later issued a gag order that has effectively stopped his lawyers and prosecutors from talking about the case. But their prior statements and court filings suggest the trial will hinge on testimony by the accusers, and Sandusky's lawyers are determined to attack their credibility.

Recently, a defense filing referred to Victims 11 through 17, suggesting investigators might have identified seven additional accusers for whom Sandusky has not been charged. Whether those people exist, and if they will testify ? or if Sandusky will take the stand ? are among the questions the trial should answer.

Lawyers for five of the young men have asked Cleland to take steps to protect their anonymity, but the judge has yet to rule. The AP doesn't identify people who say they have been sexually assaulted without their consent.

Their testimony will be all the more critical to prosecutors, because unlike sexual abuse cases, the Sandusky investigation likely did not produce forensic evidence. But the scope and nature of the prosecution's evidence, and its witness list, haven't been disclosed.

One closely watched witness will be Mike McQueary, an assistant coach who was a graduate assistant in 2001 when he said he saw Sandusky naked in the team showers with a boy of about 10 described in the grand jury report as Victim 2. McQueary didn't confront Sandusky but reported the incident to Paterno, who contacted Tim Curley, the athletic director.

Paterno, who was removed as coach the week after Sandusky's arrest, died in January of lung cancer. Curley was later charged, along with university vice president Gary Schultz, with failure to properly report suspected abuse and lying to the investigative grand jury. Both men deny the allegations and await trial.

The trial will focus on the specific criminal charges against Sandusky, so a more complete set of facts may have to wait until the Curley and Schultz case goes to trial, Penn State and others who are investigating release their findings and any civil litigation is resolved. That process could take years to play out.

Associated Press

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Tribesmen release two 2 US tourists kidnapped in Egypt

By Charlene Gubash, NBC News

Updated at 10:30 a.m. ET: CAIRO -- Two American tourists kidnapped by?Bedouin tribesmen?in?Egypt's Sinai Peninsula were released and on their way to a police station, officials told NBC News on Thursday.?

The tribesmen took the two men, both aged 31, on Wednesday in the Red Sea town of Dahab -- popular for diving and windsurfing.?


The two were kidnapped by members of the Tarabeen tribe in order to gain the freedom of a man from the tribe who was caught for drug possession, Bedouin and security sources told NBC News.?

Freed American: Egyptian kidnappers 'were very nice'

"We can confirm that there were two U.S. citizens kidnapped May 30 on the Sinai Peninsula and we are working closely with the Egyptian authorities to resolve the situation," a U.S. Embassy official told Reuters earlier without giving further details.

Several other tourists have been held briefly by tribesmen in recent months, but have been released unharmed.?Two American women were held in a short-lived kidnapping in February until Egyptian authorities negotiated their release a few hours later.

Video: Egyptian election makes history

Bedouin tribesmen in the Sinai have also attacked police stations, blocked access to towns and taken hostages to show their discontent with what they see as poor treatment from Cairo and to press for the release of jailed kinsmen.

Reuters contributed to this report.

More world news from msnbc.com and NBC News:

Follow us on Twitter: @msnbc_world

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Friday, June 1, 2012

Which upfront rental fees are illegal? | Real Estate | South Philly ...

Rent it Right

Janet Portman
Inman News?

Q: We've just moved into an apartment complex that charged us a nonrefundable "initiation fee" of $200, plus a security deposit (the maximum allowed by law). We knew about this fee, but it seemed cheesy for the landlord to be charging us for the routine duty of processing a new tenant. Is there any legal way to object to this fee? --Scot S.

A: Your question is quite timely. In November 2011, a federal district court judge in Boston faced a very similar question (at issue was an "amenity fee" that covered use of the pool, gym and grill). The judge decided that, under Massachusetts law, the fee was illegal. (Hermida v. Archstone, et al., No. 10-12083-WGY, D. Ct. Mass. 2011.) That's going to result in big refunds to Massachusetts tenants: According to the National Multi Housing Council, Archstone is the seventh-largest landlord in the nation, with close to 74,000 units spread across 12 states.

The federal judge's decision is quite clear and simple. Massachusetts allows landlords to collect upfront fees that "are not in excess of" the following: the first full month's rent; the last full month's rent; security equal to the first full month's rent; and the cost of buying and installing a lock and key. The term "amenity fee" isn't on this list.

But lawyers for Archstone argued that they could charge this fee as long as, when added to any other monies collected, the total did not exceed what Archstone could have collected in first and last month's rent, security, and lock and key charges. Because Archstone didn't charge these tenants for last month's rent, a security deposit, or the cost of rekeying ($50), the sum of all money collected (including the fee in question) was, in fact, lower than what Archstone could have collected.

In short, Archstone read the law as limiting only the amount of money collected; the tenants said it limits both the amount and the type of fee. The judge sided with the tenants.

Not all states insist that upfront, nonrefundable fees be counted toward the limit of permissible upfront payments. Many states apply limits only to money collected to guarantee performance under the lease (in other words, to cover damage and unpaid rent). In those states, nonrefundable fees like an amenity fee are outside of these categories and probably legal. But in states that strictly limit the amount of money collected at the start of the tenancy, tenants might have a shot at arguing that a landlord's imposition of any fee not on the approved list is illegal. (Tenants in California already won this fight.)

Q: I rent a single-family house to a tenant who wants to give music lessons in the home. It's legal as far as zoning is concerned, but I'm concerned about liability in case one of the students is hurt. Is there any way I can protect myself? --Martha S.

A: You're wise to be thinking of this possibility now. Although it's unlikely, it is possible that a student could trip, slip or otherwise become injured on your property. You don't want to be liable for the claim or lawsuit that could result. You can protect yourself in two ways.

First, consider placing an "indemnity clause" in the lease, which will make the tenant financially responsible for any injuries suffered by students while on your property, if the cause of the accident is the tenant's failure to maintain the property. The indemnity clause simply says that if you end up being sued by the injured tenant (which often happens, because the property owner is the "deep pocket"), any loss you suffer (such as attorney fees to defend yourself or a judgment against you) will be paid by the tenant.

Note that this might not work in many states if the cause of the accident is your faulty maintenance: Many states won't allow commercial landlords to off-load their liability, and they may not allow residential landlords to do it, either.

Another way to protect yourself is to insist that the tenant obtain a liability policy, just as you'd demand of a commercial tenant in a commercial space. The policy, called "commercial general liability" (or CGL), insures the tenant against claims by injured customers or clients, and you can be added to the policy as an "additional insured."

If a student sues, this means that the tenant's policy will cover both of you. (Make sure that the tenant's policy is described as "primary" to your own liability policy.) Demand proof of the policy (and your name on it) by asking the tenant for an "ACORD 25" form, which the insurance company will issue at no charge. The form will specify the type of insurance purchased, its coverage and limits, its expiration date, and that you're an additional insured. Make a note of the policy period and be sure that you ask for an updated form when it's time to renew the policy.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at janet@inman.com.

Copyright 2012 Janet Portman

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  • TheDude said...
    Mandy Moore is pretty smokin. I wish I was cool enough to date her. Does anybody know how I can get her number?

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    Nevada Senate race seems to tighten; Obama and Romney neck-and-neck (Powerlineblog)

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    Ghostly gamma-ray beams blast from Milky Way's center

    Wednesday, May 30, 2012

    As galaxies go, our Milky Way is pretty quiet. Active galaxies have cores that glow brightly, powered by supermassive black holes swallowing material, and often spit twin jets in opposite directions. In contrast, the Milky Way's center shows little activity. But it wasn't always so peaceful. New evidence of ghostly gamma-ray beams suggests that the Milky Way's central black hole was much more active in the past.

    "These faint jets are a ghost or after-image of what existed a million years ago," said Meng Su, an astronomer at the Harvard-Smithsonian Center for Astrophysics (CfA), and lead author of a new paper in the Astrophysical Journal.

    "They strengthen the case for an active galactic nucleus in the Milky Way's relatively recent past," he added.

    The two beams, or jets, were revealed by NASA's Fermi space telescope. They extend from the galactic center to a distance of 27,000 light-years above and below the galactic plane. They are the first such gamma-ray jets ever found, and the only ones close enough to resolve with Fermi.

    The newfound jets may be related to mysterious gamma-ray bubbles that Fermi detected in 2010. Those bubbles also stretch 27,000 light-years from the center of the Milky Way. However, where the bubbles are perpendicular to the galactic plane, the gamma-ray jets are tilted at an angle of 15 degrees. This may reflect a tilt of the accretion disk surrounding the supermassive black hole.

    "The central accretion disk can warp as it spirals in toward the black hole, under the influence of the black hole's spin," explained co-author Douglas Finkbeiner of the CfA. "The magnetic field embedded in the disk therefore accelerates the jet material along the spin axis of the black hole, which may not be aligned with the Milky Way."

    The two structures also formed differently. The jets were produced when plasma squirted out from the galactic center, following a corkscrew-like magnetic field that kept it tightly focused. The gamma-ray bubbles likely were created by a "wind" of hot matter blowing outward from the black hole's accretion disk. As a result, they are much broader than the narrow jets.

    Both the jets and bubbles are powered by inverse Compton scattering. In that process, electrons moving near the speed of light collide with low-energy light, such as radio or infrared photons. The collision increases the energy of the photons into the gamma-ray part of the electromagnetic spectrum.

    The discovery leaves open the question of when the Milky Way was last active. A minimum age can be calculated by dividing the jet's 27,000-light-year length by its approximate speed. However, it may have persisted for much longer.

    "These jets probably flickered on and off as the supermassive black hole alternately gulped and sipped material," said Finkbeiner.

    It would take a tremendous influx of matter for the galactic core to fire up again. Finkbeiner estimates that a molecular cloud weighing about 10,000 times as much as the Sun would be required.

    "Shoving 10,000 suns into the black hole at once would do the trick. Black holes are messy eaters, so some of that material would spew out and power the jets," he said.

    ###

    Harvard-Smithsonian Center for Astrophysics: http://cfa-www.harvard.edu

    Thanks to Harvard-Smithsonian Center for Astrophysics for this article.

    This press release was posted to serve as a topic for discussion. Please comment below. We try our best to only post press releases that are associated with peer reviewed scientific literature. Critical discussions of the research are appreciated. If you need help finding a link to the original article, please contact us on twitter or via e-mail.

    This press release has been viewed 11 time(s).

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