Multi-car wreck injures spectators of NASCAR race

YouTube video posted by user tyler4dx that shows fans being injured by debris coming into the grandstand area at Daytona International Speedway.

DAYTONA BEACH – At least 15 people in the stands were reportedly injured at Daytona International Speedway when a multi-car accident sent wreckage into the safety fence in front of the grandstand Saturday afternoon.

The accident came on the final lap of the NASCAR Nationwide Series DRIVE4COPD 300.

Initial reports say at least 15 fans were injured, including four who were strapped to backboards.

Volusia County emergency responders transported eight race fans, six of which were trauma level patients with serious injuries, said Volusia County government spokesman Dave Byron.

Six of those patients were sent to Halifax Health Medical Center, one was taken to Florida Hospital Memorial Medical Center in Daytona Beach and one at Halifax Medical Center in Port Orange.

Florida Hospital spokeswoman Lindsay Rew confirmed they currently have one patient but are expecting four more.

Halifax Health Medical Center officials have not confirmed the number of patients at their facility but sources say there are about 10.

"The important thing is what's going on the front stretch right now," race winner Tony Stewart said."We've always known since racing was started this is a dangerous sport. But it's hard. We assume that risk. It's hard when the fans get caught up in it.

"As much as we want to celebrate right now, as much as this is a big deal to us, I'm more worried about the drivers and fans in the stands right now. I could see it all in the mirror and it didn't look good from where I was either."

As drivers jockeyed for position on the final lap, a number of cars made contact. Kyle Larson's' car was essentially sheared in half as cars spun out of control..

His engine ending up in front of fans along the front stretch after the car tore through the catch fence _ designed to protect fans in case of accidents. The debris splattered all over, going as far as to hit a spectator 45 rows up in the stands at Daytona International Speedway. Other car parts -- included a tire -- also flew into the stands.

"I know I took a couple of big hit there and saw my engine was gone," Larson said.

Although no driver was seriously hurt, NASCAR officials were still trying to assess if any fans had been seriously hurt.

"You've been able to see and explain," said Mike Helton, NASCAR President on the ESPN broadcast following the race. "There was some intrusion into the fence and there were plenty of emergency worker ready to go and jumped right into it quickly."

"They are moving folks into the care center and Halifax Medical Center."

Driver Michael Annett was transported to Halifax Medical Center after his car slammed into the SAFER barrier head on during an earlier incident during the race.

NASCAR spokesman Kerry Tharp said the damage to the stands in time for the running of the 55^th Daytona 500 Sunday afternoon.

Sentinel staff writer Arelis R. Hernández contributed to this report. Read George Diaz's blog at OrlandoSentinel.com/enfuego or e-mail him at gdiaz@orlandosentinel.com

 

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Einhorn scores legal victory versus Apple in cash scuffle

NEW YORK (Reuters) - A U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.

U.S. District Judge Richard Sullivan in Manhattan granted a motion by Einhorn's Greenlight Capital for a preliminary injunction stopping a vote on that proposal, scheduled for the company's February 27 stockholders' meeting.

The decision could hand Einhorn more leverage as he pursues his pitch for Apple to issue what he has called the "iPref": preferred stock with a perpetual dividend that he contends would reward investors and help boost the company's share price.

Greenlight sued Apple on February 7 as part of a broader pitch to unlock more of its $137 billion in cash. The hedge fund manager has lobbied Apple to issue preferred stock with a perpetual 4 percent dividend, and on Thursday made a direct appeal to shareholders on a teleconference.

Apple Chief Executive Tim Cook last week dismissed the lawsuit as a "silly sideshow."

The lawsuit itself challenged a measure called Proposal No. 2 that Apple put forward, which would eliminate its power to issue preferred shares without a shareholder vote.

At issue is Apple's "bundling" of that measure with two other unrelated matters into a single proxy proposal.

Greenlight said it supported two of the proposed amendments, but not the one on preferred shares.

In his ruling, Sullivan said Greenlight and another investor who also sued Apple "are likely to succeed on the merits and face irreparable harm if the vote on Proposal No. 2 is permitted to proceed."

"We are disappointed with the court's ruling. Proposal No. 2 is part of our efforts to further enhance corporate governance and serve our shareholders' best interests," Apple spokesman Steve Dowling said. "Unfortunately, due to today's decision, shareholders will not be able to vote on Proposal No. 2 at our annual meeting next week."

A spokesman for Greenlight called the ruling a "significant win for all Apple shareholders and for good corporate governance."

But not all shareholders were happy. California pension fund Calpers, a major Apple investor and public supporter of Apple's proposal, said implementation of "majority voting and shareholder approval for the issuance of new stock - preferred or otherwise - is worth waiting for."

"We encourage Apple to reintroduce these measures as soon as is practical so that all investors can be heard," Anne Simpson, Calpers' director of global governance, said in a statement.

BUNDLES

The ruling could be a warning for other companies when issuing proxy proposals, said James Cox, a professor at Duke University School of Law.

"It's going to make managers reluctant to bundle things together, because you're never going to know when you send them out if there's an Einhorn out there," he said.

The lawsuit was centered on a narrow issue of whether Apple violated U.S. Securities and Exchange Commission rules by "bundling" the preferred shares item with two other unrelated matters into one proxy proposal.

Greenlight's lawyers contended the SEC rules were intended to protect shareholders from being forced to vote for a proxy proposal involving materially different issues that the investors might not entirely support.

Apple had argued Proposal No. 2, which only dealt with amendments to its charter, constitute a single matter and wasn't bundled. Sullivan called the company's arguments "unavailing."

"Given the language and purpose of the rules, it is plain to the Court that Proposal No. 2 impermissibly bundles 'separate matters' for shareholder consideration," Sullivan wrote.

Judge Sullivan also found that Greenlight would be irreparably harmed without the injunction, since it would be forced to vote against its own interests. Denying Greenlight's motion would prevent it and other investors from exercising their rights to a fair vote, Sullivan said.

Sullivan separately declined to block a vote from going forward on a separate proxy proposal, Proposal No. 4, which sought an advisory "say on pay" vote on Apple executives' compensation.

The proposal had been challenged by investor Brian Gralnick of Pennsylvania, who contends Apple did not disclose enough details about how it made its compensation decisions.

Sullivan rejected that argument, saying Apple's disclosures were "plainly sufficient under SEC rules."

Arnold Gershon, a lawyer for Gralnick at Barrack, Rodos & Bacine, said he was "very pleased" with Sullivan's decision to the extent it enjoined the Proposal No. 2 vote, though said he would have to decide what to do next with regard to the say-on-pay proposal.

Sullivan directed the parties to submit a joint letter by March 1 outlining the next contemplated steps in this case.

Apple shares closed up 1.1 percent at $450.81 on Friday.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting by Nate Raymond in New York; Additional reporting by Poornima Gupta in San Francisco; Editing by Martha Graybow, Gary Hill, Leslie Adler, Carol Bishopric and Lisa Shumaker)

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Fans injured when car sails into fence at Daytona

DAYTONA BEACH, Fla. (AP) — At least 12 NASCAR fans were injured Saturday when large chunks of debris, including a tire, sailed into the grandstands when a car flew into the fence at Daytona International Speedway on a frightening last-lap accident in the second-tier Nationwide Series race.

The crash began as the field closed in on the finish line and sent rookie Kyle Larson's car sailing into the fence that separates the track from the seats.

Large chunks of Larson's car landed in the grandstands. The car itself had its entire front end sheared off, with the burning engine wedged through a gaping hole in the fence.

Volusia County spokesman Dave Byron said six people with serious injuries were taken by ambulance to Halifax Health Medical Center in Daytona Beach.

"Those six met the condition of trauma patients," Byron said, adding one person was also taken to Halifax in Port Orange. That injury was not serious.

Lindsay Rew, a spokeswoman for Florida Hospital Memorial Medical Center, said its Daytona Beach hospital had one fan there who was in good condition. She said they were expecting three more people who were coming by ambulance, but she didn't yet know their conditions.

NASCAR and Daytona International Speedway officials were scheduled to discuss the accident at 7 p.m. EST on Saturday night.

"There obviously was some intrusion into the fence and fortunately with the way the event's equipped up, there were plenty of emergency workers ready to go and they all jumped in on it pretty quickly," NASCAR President Mike Helton said after the accident. "Right now, it's just a function of determining what all damage is done. They're moving folks, as we've seen, to care centers and take some folks over to Halifax Medical."

As emergency workers tended to injured fans and ambulance sirens wailed in the background, a somber Tony Stewart skipped the traditional post-race victory celebration.

Stewart, who won for the 19th time at Daytona and seventh time in the last nine season-opening Nationwide races, was in no mood to celebrate.

"The important thing is what going on on the frontstretch right now," said Stewart, the three-time NASCAR champion. "We've always known, and since racing started, this is a dangerous sport. But it's hard. We assume that risk, but it's hard when the fans get caught up in it.

"So as much as we want to celebrate right now and as much as this is a big deal to us, I'm more worried about the drivers and the fans that are in the stands right now because that was ... I could see it all in my mirror, and it didn't look good from where I was at."

The accident spread into the upper deck and emergency crews treated fans on both levels. There were five stretchers that appeared to be carrying fans out, and a helicopter flew overhead. A forklift was used to pluck Larson's engine out of the fence, and there appeared to be a tire in the stands.

Daytona President Joie Chitwood waited by steps as emergency workers attended to those in the stands. Across the track, fans pressed against a fence and used binoculars trying to watch. Wrecked cars and busted parts were strewn across the garage.

"It's a violent wreck. Just seeing the carnage on the racetrack, it's truly unbelievable," driver Justin Allgaier said.

It was a chaotic finish to a race that was stopped nearly 20 minutes five laps from the finish by a 13-car accident that sent driver Michael Annett to a local hospital, where his Richard Petty Motorsports team said he would be held overnight with bruising to his chest.

The race resumed with three laps to go, and the final accident occurred with Regan Smith leading as he headed out of the final turn to the checkered flag. He admittedly tried to block Brad Keselowski to preserve the win.

"I tried to throw a block, it's Daytona, you want to go for the win here," Smith said. "I don't know how you can play it any different other than concede second place, and I wasn't willing to do that today. Our job is to put them in position to win, and it was, and it didn't work out."

As the cars began wrecking all around Smith and Keselowski, Stewart slid through for the win, but Larson plowed into Keselowski and his car was sent airborne into the stands. When Larson's car came to a stop, it was missing its entire front end. The 20-year-old, who made his Daytona debut this week, stood apparently stunned, hands on his hips, several feet away from his car, before finally making the mandatory trip to the care center.

He later said his first thought was with the fans.

"I hope all the fans are OK and all the drivers are all right," Larson said. "I took a couple big hits there and saw my engine was gone. Just hope everybody's all right."

He said he was along for the ride in the last-lap accident.

"I was getting pushed from behind, I felt like, and by the time my spotter said lift or go low, it was too late," Larson said. "I was in the wreck and then felt like it was slowing down and I looked like I could see the ground. Had some flames come in the cockpit, but luckily I was all right and could get out of the car quick."

It appeared fans were lined right along the fence when Larson's car sailed up and into it.

"Honestly, the race itself pales in comparison to the injuries sustained by the fans," said Chip Ganassi, the team owner who has Larson in his driver development program. "Our thoughts and prayers go out to all the fans that were injured as a result of the crash. As for Kyle, I am very happy that he is OK."

Keselowski watched a replay of the final accident, but said his first thoughts were with the fans. As for the accident, he agreed he tried to make a winning move and Smith tried to block.

"He felt like that's what he had to do, and that's his right. The chaos comes with it," Keselowski said. "I made the move and he blocked it, and the two of us got together and started the chain events that caused that wreck. First and foremost, just want to make sure everyone in the stands is OK and we're thinking about them."

Keselowski said the incident could cast a pall on Sunday's Daytona 500.

"I think until we know exactly the statuses of everyone involved, it's hard to lock yourself into the 500," Keselowski said. "Hopefully, we'll know soon and hopefully everyone's OK. And if that's the case, we'll staring focusing on Sunday."

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AP Sports Writer Dan Gelston in Daytona Beach and Associated Press writer Jennifer Kay in Miami contributed to this report.

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FDA approves new targeted breast cancer drug

WASHINGTON (AP) — The Food and Drug Administration has approved a first-of-a-kind breast cancer medication that targets tumor cells while sparing healthy ones.

The drug Kadcyla from Roche combines the established drug Herceptin with a powerful chemotherapy drug and a third chemical linking the medicines together. The chemical keeps the cocktail intact until it binds to a cancer cell, delivering a potent dose of anti-tumor poison.

Cancer researchers say the drug is an important step forward because it delivers more medication while reducing the unpleasant side effects of chemotherapy.

"This antibody goes seeking out the tumor cells, gets internalized and then explodes them from within. So it's very kind and gentle on the patients — there's no hair loss, no nausea, no vomiting," said Dr. Melody Cobleigh of Rush University Medical Center. "It's a revolutionary way of treating cancer."

Cobleigh helped conduct the key studies of the drug at the Chicago facility.

The FDA approved the new treatment for about 20 percent of breast cancer patients with a form of the disease that is typically more aggressive and less responsive to hormone therapy. These patients have tumors that overproduce a protein known as HER-2. Breast cancer is the second most deadly form of cancer in U.S. women, and is expected to kill more than 39,000 Americans this year, according to the National Cancer Institute.

The approval will help Roche's Genentech unit build on the blockbuster success of Herceptin, which has long dominated the breast cancer marketplace. The drug had sales of roughly $6 billion last year.

Genentech said Friday that Kadcyla will cost $9,800 per month, compared to $4,500 per month for regular Herceptin. The company estimates a full course of Kadcyla, about nine months of medicine, will cost $94,000.

FDA scientists said they approved the drug based on company studies showing Kadcyla delayed the progression of breast cancer by several months. Researchers reported last year that patients treated with the drug lived 9.6 months before death or the spread of their disease, compared with a little more than six months for patients treated with two other standard drugs, Tykerb and Xeloda.

Overall, patients taking Kadcyla lived about 2.6 years, compared with 2 years for patients taking the other drugs.

FDA specifically approved the drug for patients with advanced breast cancer who have already been treated with Herceptin and taxane, a widely used chemotherapy drug. Doctors are not required to follow FDA prescribing guidelines, and cancer researchers say the drug could have great potential in patients with earlier forms of breast cancer

Kadcyla will carry a boxed warning, the most severe type, alerting doctors and patients that the drug can cause liver toxicity, heart problems and potentially death. The drug can also cause severe birth defects and should not be used by pregnant women.

Kadcyla was developed by South San Francisco-based Genentech using drug-binding technology licensed from Waltham, Mass.-based ImmunoGen. The company developed the chemical that keeps the drug cocktail together and is scheduled to receive a $10.5 million payment from Genentech on the FDA decision. The company will also receive additional royalties on the drug's sales.

Shares of ImmunoGen Inc. rose 2 cents to $14.32 in afternoon trading. The stock has ttraded in a 52-wek range of $10.85 to $18.10.

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Oscars expand social media outreach for 85th show

LOS ANGELES (AP) — The Academy of Motion Picture Arts and Sciences is encouraging celebrities to tweet during the Oscars.

The film organization has expanded its digital outreach for the 85th Academy Awards with a new feature that lets stars to snap photos of themselves backstage during Sunday's ceremony and instantly post them online.

What Twitter calls a "Magic Mirror" will take photo-booth-style pictures of participating stars in the green room and send them out on the academy's official Twitter account. Organizers expect multiple celebrity mash-ups.

The backstage green room is a private place for stars to hang out before taking the stage and is typically closed to press and photographers.

The Magic Mirror is "giving access to fans at home a part of the show they never got to experience before," Twitter spokeswoman Elaine Filadelfo said Friday.

A new video-on-demand/instant replay feature also being introduced Sunday will allow Oscar fans to view show highlights online moments after they happen and share them with friends on Twitter and Facebook. Dozens of clips from the red carpet and the awards telecast will be available on the official Oscar website beyond Sunday's ceremony.

Oscar.com also offers other behind-the-scenes interactive features, including various backstage camera perspectives and a new live blog that aggregates the show's presence across social media. It will track the traffic on whatever makes a splash, like Angelina Jolie's right leg did last year.

The academy wants to make its second-screen experience just as rich as its primary one.

"Social media is now mainstream," said Christina Kounelias, chief marketing officer for the academy.

"We're not doing social media to reach out to young kids," said the academy's digital media director, Josh Spector. "We're doing it to connect with all Oscar fans."

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Follow AP Entertainment Writer Sandy Cohen on Twitter: www.twitter.com/APSandy.

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Online:

www.oscar.com

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Promise, peril seen for crowd-funding investors

Crowd funding is widely seen as a revolutionary idea.

A 2012 federal law known as the JOBS Act opens the door to allowing small, privately owned businesses to market ownership stakes in their ventures to people over the Internet.

Companies will be able to sell up to $1 million in equity a year to ordinary investors without having to register the offering with the Securities and Exchange Commission or state regulators.

Before the average person can use crowd funding to stake a claim in a startup, the SEC still must draft rules that the Obama administration hopes will result in U.S. businesses growing and adding jobs. At the same time, the securities cop needs to include safeguards that protect less sophisticated individual investors drawn to inherently risky startups.

That's why equity crowd funding under JOBS, or Jumpstart our Business Startups, has some longtime regulators and securities lawyers squirming.

"It can be an invitation for fraudsters to steal money," Matthew Brown, a Katten Muchin Rosenman lawyer, said last month at a CFA Society of Chicago event at 1871, a center for digital startups in Chicago.

But Brown also noted that equity crowd funding also democratizes small-business financing, a process that historically has given access mostly to wealthier — or, as they're known in high-finance circles, "accredited" — investors.

"The world has changed dramatically, and who's to say who is smarter than anyone else?" Brown added.

Many existing crowd-funding platforms such as Kickstarter don't sell equity stakes in businesses to average investors. Rather, they give consumers the chance to donate money to an enterprise or to get an early or discounted crack at a new product. Since Kickstarter's launch in April 2009, more than $450 million has been pledged by more than 3 million people funding more than 35,000 projects, the New York-based company's website says.

Their acceptance suggests that consumers are willing to engage with companies on a deeper level. As such, enabling unaccredited consumers to invest in companies in small increments online has promise and could become part of the fundraising "ecosystem," says one Chicago entrepreneur.

Abe's Market, a Chicago-based e-commerce site selling natural and organic products from more than 1,000 suppliers, said it would consider crowd funding under the JOBS Act, saying it and its vendors have "die-hard fans" and "a core group of customers" who might like to invest in their vision.

Last month, Abe's raised $5 million from Carmel Ventures, Index Ventures, Beringea and Accel Partners, a Groupon backer. New backers include OurCrowd, a crowd-funding site for accredited investors.

"If you can get passionate people to invest in your business, you're not just gaining investors, you're gaining evangelists," Abe's Chief Executive Richard Demb said. "The challenge for any consumer brand is: How do you find not just customers, but the right customers who are going to tell their friends?"

But there would also be potential headaches for companies raising equity financing through crowd funding, he said.

"You have to make sure that expectations would be set fairly, that no one is putting their life savings into the investment, and that they don't also come back and become a challenge to manage as the business grows," Demb said. "You don't want someone who invested $250 to come back and say, 'I don't think we should expand to the West Coast.'"

Safeguards for average investors exist in the JOBS Act. They include capping nonaccredited individuals' crowd-funding investments at $2,000, or 5 percent of annual income or net worth of less than $100,000, whichever is greater.

Snapclass, launched a few weeks ago at 1871, provides software enabling businesses to provide training online. Co-founder Scott Mandel, who has financed the company himself, doesn't expect to take advantage of equity crowd funding in the future and instead would seek, say, venture capital funding.

"Not all checks are the same," said Mandel, previously a trader and professional poker player. "I'd want someone who could add more than just the cash, such as connections and experience and help with things that I'm not an expert in."

One of 1871's fastest-growing startups is MarkITx. It recently raised $1.2 million from wealthy individuals in its first fundraising round, has seven employees and is looking to add sales jobs. It's an online exchange for businesses wanting to buy and sell used information technology equipment, from iPads to Oracle servers.

"For us, it wouldn't be the sole way to raise money, but it definitely is a viable vehicle to look at raising money," MarkITx partner Marc Brooks said of equity crowd funding under the JOBS Act.

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Jail officers ordered inmate beating, prosecutors say

Two Cook County Jail officers overseeing a high-security psychiatric ward ordered two inmates to beat up another inmate who had angered them, and then tried to cover it up by claiming the victim had attempted suicide, prosecutors said today in court.

“This is what happens to you (expletive) when you step out of line. You disrespect us, we disrespect you,” prosecutors said the women officers announced to the entire tier after the beating last February. 

Delphia Sawyer, 31, and Pamela Bruce, 30, both six-year veterans with the sheriff’s office, were charged with official misconduct, obstructing justice, perjury and mob action.

Judge Edward Harmening set bond at $50,000 each and ordered them to turn over any firearms and passports. The two were stripped of police powers by the sheriff’s department.

“They are supposed to maintain order in the jail in a professional and conscientious manner,” Assistant State’s Attorney Nicholas Trutenko said in court. “Instead, they used these two inmates (who administered the beating) in the same way you would a gun or a knife.”

On the night of Feb. 9, 2012, Sawyer and Bruce were monitoring the psychiatric tier in Division 10 – a maximum-security area of the jail – when some of the inmates tried to light a makeshift cigarette in an electrical outlet, sparking a small fire and cutting power to part of the tier, Trutenko said.

The officers believed an 18-year-old inmate was partly responsible and confronted him in the shower. Both sides cursed at one another, the prosecutor said. As they led him to his cell,  the exchange grew more heated, he said.

“The officers told him that he would see who the (expletive) was,” Trutenko said.

Sawyer and Bruce then summoned “two of the larger inmates from the tier and instructed them to go in to his cell and beat him,” the prosecutor said.

Sawyer and Bruce unlocked the victim’s cell and stood watch while the two inmates beat the victim in the face, head and body for nearly five minutes, the charges alleged. At one point the officers warned the inmates to administer only “body shots” so the damage to his face would be less visible, Trutenko said.

The officers then joined in the beating, striking the victim with their radios and kicking him in the side, according to the prosecutor.

Sawyer and Bruce told their supervisor that the inmate’s injuries were self-inflicted and that they had seen the victim “attempting suicide in the shower by banging his head against the wall,” according to the charges.

The sheriff’s Office of Professional Review began an inquiry into the incident almost immediately and turned the case over to the Cook County state’s attorney’s office last year.

Bruce and Sawyer later signed false statements and lied repeatedly to a grand jury investigating the beating, Trutenko said.

Trutenko showed the judge a large color photo taken the day after the beating that showed the victim with two black eyes and severe swelling to his face. The victim still has hearing problems in one ear but did not suffer any other permanent physical injuries, the prosecutor said.
 
Bruce, of Chicago, and Sawyer, of Justice, both are married mothers of two and have no previous criminal records or disciplinary history with the sheriff’s department, according to their attorneys.

Peter Hickey, who represented Sawyer at the bond hearing, noted she was in charge of a very volatile tier of “psychiatrically disturbed patients.”

“These aren’t choir boys from St. Patrick’s parish,” Hickey told the judge.

Court records show the victim, Kyle Pillischafske of Mount Prospect, was in jail on an aggravated battery charge at the time of the beating. He later pleaded guilty, and was sentenced to 2 years of probation and released from custody.

He filed a federal civil suit against the officers, the county and Sheriff Tom Dart still pending in federal court, records show.

jmeisner@tribune.com

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Einhorn wins ruling against Apple in cash pile fight

NEW YORK (Reuters) - A U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.

U.S. District Judge Richard Sullivan in Manhattan granted a motion by Einhorn's Greenlight Capital for a preliminary injunction stopping the vote on that proposal.

The vote was scheduled for February 27 as part of the company's annual stockholders' meeting.

Greenlight sued Apple on February 7 as part of a broader pitch to unlock more of Apple's $137 billion in cash for shareholders. Einhorn has argued Apple should issue preferred stock with a perpetual 4 percent dividend.

The lawsuit itself challenged a measure called Proposal No. 2 that Apple put forward that would eliminate Apple's power to issue preferred shares without a shareholder vote.

At issue is Apple's "bundling" of the measure on the preferred shares with two other unrelated matters into a single proxy proposal.

Greenlight said it supported two proposed the amendments but not the one on preferred shares.

Sullivan said Greenlight and another investor who also sued Apple "are likely to succeed on the merits and face irreparable harm if the vote on Proposal No. 2 is permitted to proceed."

Representatives for Apple did not immediately respond to requests for comment.

For Einhorn, the decision could provide leverage as he pursues his pitch for Apple to issue what he has called "the iPref," preferred stock with a perpetual dividend that he contends would reward investors and help boost the company's share prices.

In a statement, a spokesman for Greenlight called the ruling a "significant win for all Apple shareholders and for good corporate governance."

The lawsuit was centered on a narrow issue of whether Apple violated U.S. Securities and Exchange Commission rules by "bundling" the preferred shares item with two other unrelated matters into one proxy proposal.

Greenlight's lawyers contended the SEC rules were intended to protect shareholders from being forced to vote for a proxy proposal involving materially different issues that the investors might not entirely support.

Apple had argued Proposal No. 2, which only dealt with amendments to its charter, constitute a single matter and wasn't bundled. Sullivan called the company's arguments "unavailing."

"Given the language and purpose of the rules, it is plain to the Court that Proposal No. 2 impermissibly bundles 'separate matters' for shareholder consideration," Sullivan wrote.

The judge separately declined to block a vote from going forward on a separate proxy proposal, Proposal No. 4, which sought an advisory "say on pay" vote on Apple executives' compensation.

The proposal had been challenged by investor Brian Gralnick of Pennsylvania, who contends Apple did not disclose enough details about how it made its compensation decisions.

Sullivan rejected that argument, saying Apple's disclosures were "plainly sufficient under SEC rules."

Arnold Gershon, a lawyer for Gralnick at Barrack, Rodos & Bacine, did not respond to a request for comment.

Apple shares closed up 1.06 percent at $450.81 on the New York Stock Exchange on Friday.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting By Nate Raymond in New York; Editing by Martha Graybow, Gary Hill and Leslie Adler)

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Oscar Pistorius gets bail as murder trial looms

PRETORIA, South Africa (AP) — Oscar Pistorius walked out of court Friday — free at least for now — after a South African magistrate released him on bail, capping four days of often startling testimony that foreshadowed a dramatic trial in the Valentine's Day slaying of his girlfriend.

But as he was driven away, chased by photographers and cameramen, questions continued to hound the double-amputee Olympian about what actually happened the night he gunned down Reeva Steenkamp inside a locked bathroom in his home.

Pistorius is charged with premeditated murder, and even Chief Magistrate Desmond Nair expressed doubts about his story that he mistook the 29-year-old model for an intruder and fired out of fear.

"Why would (Pistorius) venture further into danger" by going into the bathroom at all, Nair asked.

Cries of "Yes!" went up from Pistorius' supporters when Nair announced his decision to a packed courtroom after a nearly two-hour explanation of the ruling.

Nair set bail at 1 million rand ($113,000), with $11,300 in cash up front and proof that the rest is available. The 26-year-old track star was also ordered to hand over his passports, turn in any guns he owns and keep away from his upscale home in a gated community in Pretoria, which is now a crime scene.

He cannot leave the district of Pretoria without his probation officer's permission and is not allowed to consume drugs or alcohol, the magistrate said. His next court appearance was set for June 4.

Earlier, Pistorius alternately wept and appeared solemn and composed, especially as Nair criticized police procedures in the case and as a judgment in the track star's favor appeared imminent. He showed no reaction as he was granted bail.

Pistorius left the courthouse in a silver Land Rover just over an hour after the bail conditions were set. The vehicle, tailed by motorcycles carrying television cameramen, later pulled into the home of Pistorius' uncle.

"We are relieved at the fact that Oscar got bail today, but at the same time we are in mourning for the death of Reeva, with her family," said Pistorius' uncle, Arnold Pistorius. "As a family, we know Oscar's version of what happened on that tragic night and we know that that is the truth and that will prevail in the coming court case."

Dozens of journalists and international and local television crews had converged on the red-brick courthouse to hear the decision — a sign of the global fascination with a case involving a once-inspirational athlete and his beautiful girlfriend, a law school graduate and budding reality TV show contestant.

Nair said Pistorius' sworn statement, an unusual written account of what happened during the pre-dawn hours of Feb. 14, had helped his application for bail.

"I come to the conclusion that the accused has made a case to be released on bail," Nair said.

Pistorius said he shot Steenkamp accidentally, believing she was an intruder in his house. He described "a sense of terror rushing over" him and feeling vulnerable because he stood only on his stumps before opening fire.

Prosecutors say he intended to kill Steenkamp as she cowered in fear behind the locked bathroom door after a loud argument between the two.

Yet despite poking holes in Pistorius' version of events and bringing up incidents they say highlight his temper, the state's case started to unravel during testimony by the lead investigator, Detective Warrant Officer Hilton Botha.

Botha, who faces seven charges of attempted murder in an unrelated incident, was removed from the case Thursday. His replacement, the nation's top detective, Vinesh Moonoo, stopped by the hearing briefly Friday.

While Nair leveled harsh criticism at Botha for "errors" and "blunders," he said one man does not represent an investigation and that the state could not be expected to put all "the pieces of the puzzle" together in such a short time.

The prosecution accepted the judge's decision without protest. "We're still confident in our case," prosecution spokesman Medupe Simasiku said.

Pistorius faced the sternest bail requirements in South Africa because of the seriousness of the charge, which carries a life sentence if convicted. His defense attorneys had to prove that he would not flee the country, would not interfere with witnesses or the case, and his release would not cause public unrest.

Nair questioned whether Pistorius would be a flight risk when he stood to lose a fortune in cash, cars, property and other assets. Nair also said that while it had been shown that Pistorius had aggressive tendencies, he did not have a prior record of offenses for violent acts.

Anticipating the shape of the state's case at trial, he said he had serious questions about Pistorius' account: Why didn't he try to locate his girlfriend if he feared an intruder was in the house? Why didn't he try to determine who was in the bathroom before opening fire? And why did he venture into perceived "danger" in the bathroom when he could have taken other steps to ensure his safety?

"There are improbabilities which need to be explored," Nair said, adding that Pistorius could clarify these matters by testifying under oath at trial.

Sharon Steenkamp, Reeva's cousin, said the model's family would not be watching the bail decision and had not been following the hearing.

"It doesn't make any difference to the fact that we are without Reeva," she told The Associated Press.

Before the hearing, Pistorius' longtime coach, Ampie Louw, said he hoped to put the runner back into his training routine if he got bail.

"The sooner he can start working the better," said Louw, who persuaded the double-amputee to take up track as a teenager a decade ago. But he acknowledged Pistorius could be "heartbroken" and unwilling to immediately pull on the carbon-fiber running blades that earned him the nickname "Blade Runner."

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AP Sports Writer Gerald Imray contributed to this report from Johannesburg.

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Jon Gambrell can be reached at www.twitter.com/jongambrellAP .

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'Parade's End' keeps British TV invasion going

LOS ANGELES (AP) — Tom Stoppard is sitting on the patio of a Sunset Boulevard hotel, bathed in California winter sunshine, framed by bamboo landscaping and looking very much out of his element in Hollywood.

The acclaimed British playwright professes to feeling that way as well, despite having pocketed a Writers Guild of America lifetime achievement award the night before for his screenplays, including the Oscar-winning "Shakespeare in Love."

"I was always nervous coming here. The first time I was terrified," he said. "I'm trying not to sound nauseatingly self-deprecating, but I don't think of myself as being a terrific screenwriter or even a natural screenwriter."

Combine that, he said, with the local entertainment industry's perception that "I'm some different kind of animal," a high-minded artist to whom the words "intellectual" and "philosophy" are freely applied.

But if Hollywood can be forgiven anything, it should be that. Stoppard has created a remarkable wealth of two dozen-plus plays, including "Rosencrantz and Guildenstern Are Dead," ''Travesties" and "The Real Thing," and he's counting on more.

He looks like a proper man of letters, with unkempt gray hair, a comfortably unstylish cardigan and a delicately shaped mouth that hesitates, slightly, before dispensing exacting thoughts on the art of writing (without pretension: he relishes a snippet of "Ghostbusters" dialogue.)

Stoppard also is the master behind "Parade's End," a five-part HBO miniseries (airing Tuesday through Thursday, 9 p.m. EST) that was lauded by U.K. critics as "the thinking man's 'Downton Abbey'" after its BBC airing.

Adapted by Stoppard from a series of novels by British writer Ford Madox Ford, "Parade's End" features rising stars Benedict Cumberbatch ("Sherlock Holmes" and the upcoming "Star Trek" movie) and Rebecca Hall ("Vicky Cristina Barcelona") in the juiciest of roles.

Like PBS' "Downton Abbey," it's set in the early 20th century among aristocrats and encompasses World War I's shattering effect on the social order. Romance is provided by the triangle of Cumberbatch's tradition-bound Christopher, his unfaithful wife, Sylvia (Hall), and a suffragette (Australian newcomer Adelaide Clemens). The uniformly impressive cast includes Janet McTeer, Miranda Richardson, Roger Allam and Rupert Everett.

Stoppard rejects the oft-made comparison to PBS' "Downton" as unfair to it and its writer-creator, Julian Fellowes: "I was embarrassed by it because it's so condescending of Julian's work. He's a good writer and he's done a superlative job," he said. It's also a misguided comparison because "Downton" is heading toward season four and "Parade's End" is "five episodes and that's it, forever."

The self-effacing Stoppard leaves it at that. But there's a wider gap between the two: "Downton" is an easy-to-digest soap opera, while "Parade's End" is a challenging, nuanced view of a slice of British society and a set of singular characters, all dressed to the nines in the heady language of literature.

"There's a wonderful richness to the language and a beauty, which I think is the brilliance of Tom Stoppard, and also this very beautiful language of Ford Madox Ford," said director Susanna White.

The heedless, acid-tongued Sylvia has dialogue to relish, something Stoppard cannot resist.

"The line I like best comes straight from Ford: (the public) likes 'a whiff of sex coming off our crowd, like the steam on the water in the crocodile house at the zoo,'" he said, adding gleefully, "What a line!"

Although careful to credit the novelist with that particular zinger, Stoppard said "Parade's End" is the first adaptation in which his dialogue and that from the original text have become intertwined in his memory.

He attributes that to the year he spent forming Ford's intricate novels into a screenplay, often crafting original scenes, and the several more years he spent helping bring the series to fruition with the producers and White ("Generation Kill").

"It's the closest thing to writing a play which isn't a play that I have ever been involved with," he said.

The stage has been the Czech-born Stoppard's chief occupation since leaving journalism in his 20s. But he's made a number of detours into film, either as a screenwriter or a behind-the-scenes script doctor. His latest big-screen project is the adaptation of "Anna Karenina" with Keira Knightley.

Stoppard's insistence that he isn't an outstanding scriptwriter stems, in part, from his reticence. Then there's what he calls the differing "schools of eloquence" represented by film and plays.

"I envy and admire movies which are eloquent without recourse to long speeches," he said, citing several lines to illustrate his point. One comes from "The Fugitive" ("I don't care," Tommy Lee Jones says after Harrison Ford insists he didn't kill his wife), another from "Ghostbusters."

Bill Murray is confronted by "this kind of Amazonian ghost goddess, spooky thing, and he goes, 'This chick is toast,'" Stoppard said, with a delighted smile.

"It's the sense that precisely the right words have been uttered," he explained.

That's how fellow scribes feel about him. One L.A. film and TV writer said she regularly rereads the famed cricket-bat speech from "The Real Thing," about the challenge of writing, for joy and inspiration: "If you get it right," the character Henry says, "the cricket ball will travel two hundred yards in four seconds, and all you've done is give it a knock like knocking the top off a bottle of stout, and it makes a noise like a trout taking a fly. What we're trying to do is to write cricket bats, so that when we throw up an idea and give it a little knock, it might travel."

For now, the right words for Stoppard would be those of a new play, the first since "Rock 'n' Roll" from seven years ago. He has no regrets about immersing himself in "Parade's End," but is ready for the solitude needed to find the right story for the stage.

He used to steal away to a house in France until the air travel became too much. Now he makes do with a "small, shabby cottage an hour-and-a-half from London, which in theory is supposed to be my French house. But it's not far enough away" to evade commitments, social and otherwise. ("I'm Mr. Available," he laments.)

It's welcome assurance to hear the guild lifetime award he received Feb. 17 doesn't signal a halt for Stoppard. It did pull him up short, at least briefly.

"I was quite surprised. Though I am 75, so I shouldn't be surprised. But I haven't thought of stopping yet."

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Online:

http://www.hbo.com

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Lynn Elber is a national television columnist for The Associated Press. She can be reached at lelber(at)ap.org and on Twitter (at)lynnelber.

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Air travel could be hit in sequestration budget cuts

U.S. airports and fliers around the country face widespread disruptions if automatic spending cuts take effect next week, Transportation Secretary Ray LaHood said Friday in an effort to pressure Congress to delay the cuts.

LaHood illustrated a bleak picture of delayed and canceled flights, shuttered airports and irritated air travelers if across-the-board spending cuts are allowed to take place under the process known as sequestration. Travelers could start to feel effects in April, he said.

LaHood told reporters at the White House that flights to major cities such as Chicago, New York and San Francisco could see delays of up to 90 minutes at peak travel times. Delays in Chicago or in major coastal airports tend to ripple across the country quickly because they're frequent flight transfer points. O'Hare was already the fifth-most delay plagued airport in the U.S. last year.

Security delays could also be significant. Homeland Security Department of Secretary Janet Napolitano said in Senate committee testimony last week that cuts could increase passenger wait times by as much as an hour at airport security checkpoints, leading many travelers to miss flights.

The potential cutbacks would be especially damaging to large airlines that cater to business travelers, who are the most sensitive to flight delays, said Henry Harteveldt, a travel industry analyst at Hudson Crossing LLC.

"They have the most flexibility, and they also have the least patience," he said. "Since airlines rely on business travelers for their profits, this could have a disproportionately negative impact on airline revenues, profits and earnings."

Potential delays could also discourage some vacationers from booking summer travel, he said.

Airline consultant Robert Mann said customers will blame the airlines for delays, even if they're the government's fault.

"When you look at how customers rate airlines, ratings go right to the bottom whenever delays are involved," Mann said. "And it doesn't matter what causes the delay. A delayed passenger is a ticked-off passenger, and that reflects on the airline."

The flight delays will be caused, LaHood said, by a number of behind-the-scenes cuts including employee furloughs and a reduction in equipment maintenance.

LaHood said the cuts will also mean the elimination of overnight shifts at 60 air traffic control towers across the country and the closure of more than 100 towers.

Under the plan, local airport towers that would see an end to overnight monitoring include Midway and two smaller airports, Dupage and Peoria International.

There are 48 Midway flights that operate between 10 p.m. and 7 a.m., a spokeswoman for the Chicago Department of Aviation said. Southwest Airlines, which has one of its biggest flight operations at Midway, said it’s too early to assess the potential effect on carriers and the airports they serve.

The closure list includes five Illinois airport towers: Central Illinois Regional Airport at Bloomington-Normal, Decatur Airport, Dupage in West Chicago, Southern Illinois Airport in Murphysboro and Marion County regional in Marion.

Some $85 billion in cuts are due to be applied across government programs on March 1 unless lawmakers act. The cuts were designed to be so onerous they would force a compromise over a broader deficit reduction package, but this has proven elusive.

President Obama has urged Congress to postpone the cuts for several months to let the White House and congressional Republicans hammer out a deficit-cutting deal. Republicans, who have argued that government overspending is a leading problem hurting the U.S. economy, have rebuffed the president's efforts. A number of Republican members of Congress have said that while the cuts may be painful, they could benefit the nation's finances in the long term.

LaHood said sequestration would lead to $1 billion in spending cuts at the Transportation Department, of which more than $600 million would be to the Federal Aviation Administration, which oversees U.S. air travel.

The "vast majority" the FAA's approximately 47,000 employees face furloughs of at least a day per pay period until the end of September, he said.

LaHood said the traveling public could start seeing delays just ahead of the busy summer travel season.

The National Air Traffic Controllers Association, the main union representing controllers in the U.S., said Friday's announcement of "draconian" cuts was worse than it anticipated.

"Once towers are closed, the airports they serve may be next," the union said in a statement. "We believe the delay estimates provided by the FAA are conservative, and the potential for disruptions could be much higher."

But the main trade association representing U.S. airlines urged lawmakers to work together to reach a deal, and warned that air transportation "should not be used as political football."

- Reuters and Tribune staff reporters Gregory Karp and Samantha Bomkamp contributed to this report.

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Mom, daughter stabbed to death on South Side

Brittany Pullum describes the scene at a fire in the East Chatham neighborhood on Wednesday afternoon. (Posted on: Feb. 21, 2013)

Curtria Duncan had gone back to school to become a medical technician. Her mother Cherie Adams doted on her grandchildren.

Wednesday afternoon, the two were found stabbed in the bathroom of their apartment in the East Chatham neighborhood as firefighters put out a suspicious blaze.

Duncan, 24, was lying inside a bathtub and Adams, 43, was lying on the floor nearby in their apartment in the 8100 block of South Maryland Avenue, officials said.

Duncan died from "homicidal asphyxia," with multiple sharp force injuries a contributing factor in her death and Adams died from multiple sharp force and blunt force injuries, the Cook County medical examiner's office determined following autopsies. Both deaths were ruled homicides.

The apartment may have been set on fire to conceal the homicides, sources said. A large kitchen knife was found in the bathroom. No arrests have been reported.

"It hurts so bad," said Duncan’s sister Rochelle Pinex, 28, of Harvey. "Who could have done this and what for?"

Duncan had a 3-year-old son, Michael, but the boy was not home because he was visiting his father, Pinex said.

She said Duncan was studying to become a medical technician at Kennedy-King College, where she’d met a man who works at the school.

Pinex said Adams was her stepmother who had eight grandchildren who called her “Nana.’’

"She was changing her life around," Pinex said of Adams. "She was going to church three times a week and trying to spend more time with her grandchildren."

She described her sister and stepmother as people who “stayed to themselves’’ mostly.  “They don’t bother anybody,'' she said, sobbing.

Pinex said the women lived at the Maryland address for just under a year and rarely socialized, except for going to church and classes. “She’s a quiet girl,’’Pinex said of her sister.

Pinex, who has three children, said her 8-year-old daughter was looking forward to seeing Adams. “My kids, they loved their Nana to death,’’ she said. Her daughter was “begging” to go there for a weekend visit.

“She tugs at her (Adams’) heart and made her feel good,’’ Pinex said. “My daughter was her heart.’

“I’m trying to be strong,’’ Pinex said. “I can’t believe this tragedy.’’

chicagobreaking@tribune.com

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SAfrica police replace top Pistorius investigator

PRETORIA, South Africa (AP) — South African police appointed a new chief investigator Thursday in the Oscar Pistorius murder case, replacing a veteran detective after unsettling revelations that the officer was charged with seven counts of attempted murder.

The sensational twist in the state's troubled investigation fueled growing public fascination with the case against the double-amputee Olympian, who is charged with premeditated murder in the Valentine's Day slaying of his girlfriend, Reeva Steenkamp.

Pistorius, a sporting icon and source of inspiration to millions until the shooting last week, is backed by a high-powered team of lawyers and publicists. The abruptness of his fall, and its gruesome circumstances, have gripped a global audience and put South Africa's police and judicial system under the spotlight.

The man at the center of the storm sat in the dock during his bail hearing, mostly keeping his composure in contrast to slumped-over outbursts of weeping on previous days in court. In front of Pistorius, defense lawyer Barry Roux pounced on the apparent disarray in the state's case, laying out arguments that amounted to a test run for the full trial yet to come.

Roux pointed to what he called the "poor quality" of the state's investigation and raised the matter of intent, saying Pistorius and Steenkamp had a "loving relationship" and the athlete had no motive to plan her killing.

Pistorius, 26, says he mistook Steenkamp for an intruder when he shot her through a locked bathroom door in his home. Prosecutors believe the shooting happened after the couple got into an argument, and prosecutor Gerrie Nel painted a picture of a man he said was "willing and ready to fire and kill."

Much of the drama Thursday, however, happened outside the courtroom as South African police scrambled to get their investigation on track.

In a news conference at a training academy, National Police Commissioner Riah Phiyega said a senior detective would gather a team of "highly skilled and experienced" officers to investigate the killing of 29-year-old Steenkamp, a model and budding reality TV contestant.

The decision to put police Lt. Gen. Vinesh Moonoo in charge came soon after word emerged that the initial chief investigator, Hilton Botha, is facing attempted murder charges, and a day after he offered testimony damaging to the prosecution.

Botha acknowledged Wednesday in court that nothing in Pistorius' version of the fatal shooting contradicted what police had discovered, even though there have been some discrepancies. Botha also said that police left a 9 mm slug in the toilet and lost track of allegedly illegal ammunition found in Pistorius' home.

"This matter shall receive attention at the national level," Phiyega told reporters after testimony ended in the third day of Pistorius' bail hearing.

Bulewa Makeke, spokeswoman for South Africa's National Prosecuting Authority, said the attempted murder charges had been reinstated against Botha on Feb. 4. Police say they found out about it after Botha testified in Pistorius' bail hearing Wednesday.

Botha and two other police officers had seven counts of attempted murder reinstated against them in connection with a 2011 shooting incident in which they allegedly fired shots at a minibus they were trying to stop.

Makeke indicated the charges were reinstated because more evidence had been gathered. She said the charge against Botha was initially dropped "because there was not enough evidence at the time."

Pistorius' main sponsor, Nike, meanwhile, suspended its contract with the multiple Paralympic champion, following eyewear manufacturer Oakley's decision to suspend its sponsorship. Nike said in a statement on its website: "We believe Oscar Pistorius should be afforded due process and we will continue to monitor the situation closely."

On Thursday, Chief Magistrate Desmond Nair asked the defense regarding Pistorius' bail application: "Do you think there will be some level of shock if the accused is released?"

Defense lawyer Roux responded: "I think there will be a level of shock in this country if he is not released."

Prosecutor Nel suggested signs of remorse from Pistorius had nothing to do with whether he planned to kill his girlfriend.

"Even if you plan a murder, you plan a murder and shoot. If you fire the shot, you have remorse. Remorse might kick in immediately," Nel said.

As Nel summed up the prosecution's case opposing bail, Pistorius began to weep in the crowded courtroom, leading his brother, Carl Pistorius, to reach out and touch his back.

"He (Pistorius) wants to continue with his life like this never happened," Nel went on, prompting Pistorius, who was crying softly, to shake his head.

"The reason you fire four shots is to kill," Nel persisted.

Earlier Thursday, Nair questioned Botha over delays in processing records from phones found in Pistorius' house following the slaying.

"It seems to me like there was a lack of urgency," the magistrate said.

Botha is to appear in court in May to face seven counts of attempted murder in connection with the minibus shooting incident. He has been quoted in the South African media as denying allegations he was drunk at the time, saying he and the other officers were trying to stop the vehicle and didn't know there were people inside.

While Botha has been dropped from the Pistorius investigation, he has not been suspended from the police force, Phiyega said, and could still be called by defense lawyers at trial.

Pistorius, wearing the same gray suit, blue shirt and gray tie combination he has worn throughout the bail hearing, stood ramrod straight in the dock, then sat calmly looking at his hands.

Roux said an autopsy showed that Steenkamp's bladder was empty, suggesting she had gone to the bathroom to use the toilet, rather than fled there to escape an enraged Pistorius, as prosecutors contend.

"The known forensics is consistent" with Pistorius' statement, Roux said, asking that bail restrictions be eased for his client.

But the prosecutor said Pistorius hadn't given guarantees to the court that he wouldn't leave the country if he was facing a life sentence. Nel also stressed that Pistorius shouldn't be given special treatment.

"'I am Oscar Pistorius. I am a world-renowned athlete.' Is that a special circumstance? No," Nel said. "His version (of the killing) is improbable."

Nel said the court should focus on the "murder of the defenseless woman."

Botha testified Thursday that he investigated a 2009 complaint against Pistorius by a woman who said the athlete assaulted her. However, Pistorius did not hurt the woman, who in fact injured herself when she kicked a door at Pistorius' home, Botha said.

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AP Sports Writer Gerald Imray contributed to this report from Johannesburg

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Flu shot doing poor job of protecting older people

ATLANTA (AP) — It turns out this year's flu shot is doing a startlingly dismal job of protecting older people, the most vulnerable age group.

The vaccine is proving only 9 percent effective in those 65 and older against the harsh strain of the flu that is predominant this season, the Centers for Disease Control and Prevention said Thursday.

Health officials are baffled as to why this is so. But the findings help explain why so many older people have been hospitalized with the flu this year.

Despite the findings, the CDC stood by its recommendation that everyone over 6 months get flu shots, the elderly included, because some protection is better than none, and because those who are vaccinated and still get sick may suffer less severe symptoms.

"Year in and year out, the vaccine is the best protection we have," said CDC flu expert Dr. Joseph Bresee.

Overall, across the age groups studied, the vaccine's effectiveness was found to be a moderate 56 percent, which means those who got a shot have a 56 percent lower chance of winding up at the doctor with the flu. That is somewhat worse than what has been seen in other years.

For those 65 and older, the vaccine was only 27 percent effective against the three strains it is designed to protect against, the worst level in about a decade. It did a particularly poor job against the tough strain that is causing more than three-quarters of the illnesses this year.

It is well known that flu vaccine tends to protect younger people better than older ones. Elderly people have weaker immune systems that don't respond as well to flu shots, and they are more vulnerable to the illness and its complications, including pneumonia.

But health officials said they don't know why this year's vaccine did so poorly in that age group.

One theory, as yet unproven, is that older people's immune systems were accustomed to strains from the last two years and had more trouble switching gears to handle this year's different, harsh strain.

The preliminary data for senior citizens is less than definitive. It is based on fewer than 300 people scattered among five states.

But it will no doubt surprise many people that the effectiveness is that low, said Michael Osterholm, a University of Minnesota infectious-disease expert who has tried to draw attention to the need for a more effective flu vaccine.

Among infectious diseases, flu is considered one of the nation's leading killers. On average, about 24,000 Americans die each flu season, according to the CDC.

This flu season started in early December, a month earlier than usual, and peaked by the end of year. Hospitalization rates for people 65 and older have been some of the highest in a decade, at 146 per 100,000 people.

Flu viruses tend to mutate more quickly than others, so a new vaccine is formulated each year to target the strains expected to be the major threats. CDC officials have said that in formulating this year's vaccine, scientists accurately anticipated the strains that are circulating this season.

Because of the guesswork involved, scientists tend to set a lower bar for flu vaccine. While childhood vaccines against diseases like measles are expected to be 90 or 95 percent effective, a flu vaccine that's 60 to 70 percent effective in the U.S. is considered pretty good. By that standard, this year's vaccine is OK.

For senior citizens, a flu vaccine is considered pretty good if it's in the 30 to 40 percent range, said Dr. Arnold Monto, a University of Michigan flu expert.

A high-dose version of the flu shot was recently made available for those 65 and older, but the new study was too small to show whether that has made a difference.

The CDC estimates are based on about 2,700 people who got sick in December and January. The researchers traced back to see who had gotten shots and who hadn't. An earlier, smaller study put the vaccine's overall effectiveness at 62 percent, but other factors that might have influenced that figure weren't taken into account.

The CDC's Bresee said there is a danger in providing preliminary results because it may result in people doubting — or skipping — flu shots. But the figures were released to warn older people who got shots that they may still get sick and shouldn't ignore any serious flu-like symptoms, he said.

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Online:

CDC report: http://www.cdc.gov/mmwr

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United takes Dreamliner off schedule until June

The All Nippon Airways Dreamliner 787 arrives at Mineta San Jose International Airport. (Gary Reyes/San Jose Mercury News/MCT / January 22, 2013)

Staff and wire report

1:35 p.m. CST, February 21, 2013

The parent company of United Airlines says it is taking the Boeing 787 off its schedule through June 5 for all but one of its routes.

United Continental Holdings Inc. said it still plans to use the 787 on its flights between Denver and Tokyo's Narita airport starting May 12. It had aimed to start that route on March 31.

United, currently world's largest airline and the only U.S. customer for the 787, said the timing of that reinstatement will depend on resolution of the Dreamliner's current issues.

The 50 Dreamliners in commercial service were grounded worldwide last month after a series of battery-related incidents including a fire on board a parked plane in the United States and an in-flight problem on another jet in Japan. United had only been flying the plance since November.

Sources told Reuters earlier this week that Boeing Co. has found a way to fix the battery problems that involves increasing the space between the lithium ion battery cells.

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2 bodies found in home following East Chatham blaze

Firefighters found two bodies at a South Side residence this afternoon while putting out a fire at the home, according to authorities, and a source said at least one might be a homicide victim.

The bodies were found about 4 p.m. as firefighters were extinguishing a fire in the 8100 block of South Maryland Avenue, according to Larry Langford, a Chicago Fire Department spokesman. 

Preliminary reports indicate that at least one of the victims was found stabbed to death, and the residence may have been set ablaze to conceal their deaths, a source said.

The bodies were found in a bathroom, according to a source.

Chicago police officers sealed off the three-story multi-unit building near the southwest corner of East 81st Street and South Maryland Avenue with yellow and red crime tape. Several onlookers gazed at the building in the fire's aftermath.

Investigators could be seen inside the first-floor apartment unit where the fire erupted, its rear window broken. Several men working for two different board-up companies also stood in the alley while police conducted their investigation.

Brittany Pullman was inside her apartment across the alley when she saw black smoke coming from the first-floor unit. She said she then ran outside and saw about 15 to 20 people who evacuated from the fire building.

She said a lady who evacuated told Pullman she called 911.

"It's crazy. It's crazy," Pullman said, still appearing somewhat shocked at the news of the two deaths. "It's scary. Very scary."

One of the fire building's tenants, Alexander Brown, said his wife was home during the fire, but their unit wasn't damaged.

He said their unit, where he's lived for about five years, is next-door to the burned apartment. Brown was outside of the building after the blaze and said he was eager to find shelter because of the frigid temperatures.

Brown didn't know the occupants of the burned unit too well, but he said he's seen two women coming and going from there, periodically.

Police said the two victims were females. Although an autopsy Thursday will determine the official cause of their deaths, police said the deaths may be domestic-related homicides.

Police said the fire was confined to the one unit, which appeared badly damaged.

Langford said the investigation has been turned over to the Chicago Police.

chicagobreaking@tribune.com

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Sony unveils new PlayStation4 console

(Reuters) - And the Oscar for best pickup line in a movie goes to - Audrey Hepburn in the romantic thriller, "Charade." That's according to the results from women polled by the U.K.-based dating site Badoo.com and released on Wednesday before the Academy Awards on Sunday. "I don't bite you know ... unless it's called for," Hepburn told Cary Grant in the 1963 release, and, 50 years later, women still chose it first. Men, however, had different ideas. They favored this Bette Davis line from the 1932 movie, "The Cabin in the Cotton," - "I'd love to kiss you, but I just washed my hair. ...

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Police add more confusion to Oscar Pistorius case

PRETORIA, South Africa (AP) — The prosecution case against Oscar Pistorius began to unravel Wednesday with revelations of a series of police blunders and the lead investigator's admission that authorities have no evidence challenging the double-amputee Olympian's claim he killed his girlfriend accidentally.

Detective Hilton Botha's often confused testimony left prosecutors rubbing their heads in frustration as he misjudged distances and said testosterone — banned for professional athletes in some cases — was found at the scene, only to be later contradicted by the prosecutor's office.

The second day of what was supposed to be a mere bail hearing almost resembled a full-blown trial for the 26-year-old runner, with his lawyer, Barry Roux, tearing into Botha's testimony step by step during cross examination.

Police, Botha acknowledged, left a 9 mm slug from the barrage that killed Reeva Steenkamp inside a toilet and lost track of illegal ammunition found inside the house. And the detective himself walked through the crime scene without wearing protective shoe covers, potentially contaminating the area.

Authorities, Roux asserted, were selectively taking "every piece of evidence to try to extract the most possibly negative connotation and present it to the court."

The case has riveted South Africa, with journalists and the curious crowding into the brick-walled courtroom where Pistorius, dubbed the Blade Runner for his prosthetic legs, faces a charge of premeditated murder in the Valentine's Day slaying.

Pistorius says he mistook Steenkamp for an intruder and shot her out of fear, while prosecutors say he planned the killing and attacked her as she cowered behind a locked bathroom door.

The day seemed to start out well for the prosecution, with Botha offering new details of the shooting that appeared to call into question Pistorius' account of the moments leading up to the 29-year-old model's death.

Ballistic evidence, he said, showed the bullets that killed her had been fired from a height, supporting the prosecution's assertion that Pistorius was wearing prosthetic legs when he took aim at the bathroom door. The athlete has maintained he was standing only on his stumps, and felt vulnerable and frightened as he opened fire from a low position.

Projecting a diagram of the bedroom and bathroom, prosecutor Gerrie Nel said it showed Pistorius had to walk past his bed to get to bathroom and could not have done so without seeing that Steenkamp was not asleep there.

"There's no other way of getting there," Nel said in disputing Pistorius' claim that he had no idea Steenkamp was no longer in bed when he pumped four bullets into the bathroom door, striking her with three.

Botha backed the prosecutor up, saying the holster for Pistorius' 9 mm pistol was found under the left side of the bed, where Steenkamp slept, and it would have been impossible for Pistorius to get the gun without checking to see if she was there.

"I believe that he knew that Reeva was in the bathroom and he shot four shots through the door," the detective said.

Botha described how bullets struck Steenkamp in the head and shattered her right arm and hip, eliciting sobs from Pistorius, who held his head in hands.

However, when asked if Steenkamp's body showed "any pattern of defensive wounds" or bruising from an assault, Botha said "no." He again responded "no" when asked if investigators found anything inconsistent with Pistorius' version of events, though he later said nothing contradicted the police version either.

Testimony began with the prosecutor telling the court that before the shooting, a neighbor heard "nonstop" shouting between 2 a.m. and 3 a.m. at Pistorius' upscale home in a gated community in the capital, Pretoria.

However, Botha later said under cross examination that the witness was in a house 600 yards (meters) away, possibly out of earshot. He cut that estimate in half when questioned again by the prosecutor, as confusion reigned for much of his testimony.

At one point, Botha told the court that police found syringes and two boxes of testosterone in Pistorius' bedroom — testimony the prosecution later withdrew, saying it was too early to identify the substance, which was still being tested.

"It is not certain (what it is) until the forensics" are completed, Medupe Simasiku, a spokesman for South Africa's National Prosecution Agency, told The Associated Press. It's not clear if it was "a legal or an illegal medication for now."

The defense also disputed the claim. "It is an herbal remedy," Roux said. "It is not ... a banned substance."

Still, Botha offered potentially damaging details about Pistorius' past, saying the athlete was once involved in an accidental shooting at a restaurant in Johannesburg and asked someone else "to take the wrap."

The runner also threatened men on two separate occasions, Botha said, allegedly telling one he'd "break his legs."

The detective said police found two iPhones in Pistorius' bathroom and two BlackBerrys in his bedroom, and none had been used to phone for help. Guards at the gated community did call the athlete, Botha said, and all he said was: "I'm all right," as he wept uncontrollably.

Roux later suggested that a fifth phone, not collected by the police, was used by Pistorius to call for help.

The question now is whether Botha's troubled testimony will be enough to convince Chief Magistrate Desmond Nair to keep Pistorius in prison until trial. While Pistorius faces the harshest bail requirements under South African law, the magistrate has said he would consider loosening them based on testimony in the hearing. Final arguments were scheduled for Thursday.

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Gerald Imray reported from Johannesburg. Associated Press writer Michelle Faul in Johannesburg contributed to this report.

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Jon Gambrell can be reached at www.twitter.com/jongambrellAP. Gerald Imray can be reached at www.twitter.com/geraldimrayAP.

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Agency checks water after body found in hotel tank

LOS ANGELES (AP) — British tourist Michael Baugh and his wife said water had only dribbled out of the taps at the downtown Cecil Hotel for days.

On Tuesday, after showering, brushing their teeth and drinking some of the tap water, they headed down to the lobby and found out why.

The body of a Canadian woman had been discovered at the bottom of one of four cisterns on the roof of the historic hotel near Skid Row. The tanks provide water for hotel taps and would have been used by guests for washing and drinking.

"The moment we found out, we felt a bit sick to the stomach, quite literally, especially having drank the water, we're not well mentally," Michael Baugh, 27, said.

Los Angeles County Department of Public Health officials issued a do-not-drink order Tuesday while its lab analyzes the water, said Allen Solomon, a spokesman for the department. The disclosure contradicts a previous police statement that the water had been deemed safe.

Solomon said the water was also used for cooking in the hotel. Results of the testing were expected Thursday.

A call to the hotel was not returned.

The remains of Elisa Lam, 21, were found by a maintenance worker at the 600-room hotel that charges $65 a night after guests complained about the low water pressure.

Police detectives were working to determine if her death was the result of foul play or an accident.

Lopez called it suspicious and said a coroner's investigation will determine Lam's cause of death.

Before she died, hotel surveillance footage showed Lam inside an elevator pushing buttons and sticking her head out the doors, looking in both directions. She was later found in the water tank.

The discovery turned the Baughs' two-week vacation into a nightmare.

"We'd hop in the shower, imagine, the water sprinkles out, and this is the only appropriate word, it dribbled out," Baugh said.

He and his wife Sabina, 27, who were on their first trip to the U.S., had booked their room as part of a tour package and had "no idea that it was in a dodgy area," he said.

The hotel is on Main Street in a part of downtown where efforts at gentrification often conflicts with homelessness and crime.

"When you look at the area, it's not surprising," Baugh said of the discovery of the body. "Everyone we spoke to said why are you staying there? Don't walk at night in that area, stay indoors."

Lam, of Vancouver, British Columbia, traveled alone to Los Angeles on Jan. 26 and was last seen five days later by workers at the hotel.

Lopez said the hotel has four cisterns on its roof that are each about 10 feet tall, 4.5 feet wide and hold at least 1,000 gallons of water.

Lam's body was found Tuesday morning at the bottom of one cistern that was about three-quarters full of water, Lopez said.

The opening at the top of the cistern is too small to accommodate firefighters and equipment, so they had to cut a hole in the storage tank to recover Lam's body.

The cisterns are on a platform at least 10 feet above the roof.

To get to the tanks, someone would have to go to the top floor then take a staircase with a locked door and emergency alarm preventing roof access.

Another ladder would have to be taken to the platform and a person would have to climb the side of the tank.

Lopez said there are no security cameras on the roof.

Lam intended to travel to Santa Cruz, about 350 miles north of Los Angeles. Officials said she tended to use public transportation and had been in touch with her family daily until she disappeared.

The Cecil Hotel was built in the 1920s and refurbished several years ago. It had once been the occasional home of infamous serial killers such as Richard Ramirez, known as the Night Stalker, and Austrian prison author Jack Unterweger, who was convicted of murdering nine prostitutes in Europe and the U.S., the Los Angeles Times reported.

Baugh and his wife had planned to go to SeaWorld on Wednesday but instead camped in the hotel lobby for more than 12 hours because they refused to sign a health risk waiver to stay in their rooms as they waited to hear back from their tour agency to be placed elsewhere.

"We've got nowhere to go, we've got all our luggage with us," Michael Baugh said.

They also called their family and the British Embassy trying to figure out what to do.

The couple hadn't touched any water at the hotel since learning the body had been discovered.

Eventually, they were placed at another downtown hotel with a less than sterling reputation, from what they heard.

"We're just going from one dodgy place to another," Baugh said, resigned, "but at least there's water."

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Tami Abdollah can be reached at http://www.twitter.com/latams. Shaya Tayefe Mohajer contributed to this report.

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'For Better or Worse' moves from TBS to OWN

LOS ANGELES (AP) — Oprah Winfrey's cable channel says it will be the new home of the sitcom "For Better or Worse."

Tyler Perry's comedy series will move from TBS to OWN for its third season, starting this fall. OWN announced Wednesday that it's also getting rerun rights for the show's first two years.

"For Better or Worse" is about three couples dealing with the challenges of dating and married life. OWN says the original cast, including Tasha Smith and Michael Jai White, will remain with the show. Production on season three begins in April.

The comedy will be OWN's third scripted series from Perry, who has a deal with OWN to produce TV shows and other projects. The first two original series, a sitcom and a drama, are scheduled to debut in May.

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Office Depot to buy OfficeMax

Office Depot to buy Office Max as an attempt to compete with Staples.

Office Depot Inc. and Office Max Inc. have agreed to merge in a $1.17 billion stock transfer, the companies announced Wednesday, ending nearly two hours of confusion about whether a deal had been reached.

Officials at Naperville-based OfficeMax and Office Depot declined to say who would lead the combined company nor where it would be located when the "merger of equals" is completed, likely by the end of the year.

After some confusion early Wednesday, when a draft press release was posted prematurely on the website of Boca Raton, Fla.-based Office Depot's, both companies issued a joint statement at around 8:30 a.m. CT announcing the planned merger. 

The combined entity's name, headquarters and CEO are all undecided, creating an unusual level of uncertainty that points to the integration challenge the companies face.

"During the appropriated times ... our board will make the right decision,"  OfficeMax President and CEO Ravi Saligram said of the location and leadership of the combined firm. "Now we're independent companies and we've got to go through lots of processes," he said.

On a conference call with analysts, Office Depot CEO Neil Austrian apologized for the announcement mishap on Wednesday morning.  "Our webcast provider inadvertently released our earnings in advance of schedule," he said.  We regret any inconvenience that this may have caused." 

Saligram and Austrian emphasized that the combination, which will create a company that will do roughly $18 billion in revenue, is a merger of equals.

"This [merger] will create a stronger, more global, more efficient competitor able to meet the growing challenges a rapidly changing industry," said Saligram. 

While Office Depot insisted the deal was a merger of equals and not an acquisition, its shareholders will get the larger part of the combined company. CEOs of both companies and outside candidates are being considered for the top job.

When combined, OfficeMax and Office Depot, the world's second and third largest office products companies by revenue, will still not eclipse the segment's largest business, Staples Inc.

The pair had combined revenue of about $18.5 billion in the last fiscal year. They expect to save about $400 million to $600 million per year within three years through layoffs, streamlining of back-office functions and combined advertising. They didn't provide details on how many workers would lose their jobs or the fate of OfficeMax's Naperville headquarters.

After days of speculation that a deal was close, a draft of a press release announcing the news was posted prematurely on Office Depot's website early Wednesday morning. More than an hour after it came out, there was still no mention of the merger on either company's website nor on the SEC or other investor websites. Sources cited by the New York Times Wednesday morning said negotiations were ongoing.

Thomson Reuters Corporate Services, which operates various investor relations websites including Office Depot's, took responsibility for the early publication.

"Unfortunately, Thomson Reuters incorrectly posted this morning's announcement of Office Depot's intention to merge with Office Max prior to its intended release," Lemuel Brewster, PR director - investors at Thomson Reuters, said Wednesday afternoon in an email response to an inquiry. "We regret this error and are taking all steps necessary to enhance our processes and controls to ensure this does not happen again."

Office Depot will issue 2.69 new shares of common stock for each outstanding common share of OfficeMax. At Tuesday's closing prices, the deal is valued at $13.50 per share, or $1.17 billion, based on 86.7 million shares outstanding as of Oct. 26.

After the merger is completed, Office Depot's board will consist of an equal number of directors chosen by that company and OfficeMax.

Although the actual announcement didn’t go as planned, the deal has been rumored for years as the struggling office supply sector deals with fickle consumers and businesses that are conserving costs and doing more online.

Analysts say they expect far less pushback from antitrust authorities for this deal than what Office Depot faced in the 1990s, when it tried to merge with Staples, given the changes in the office supply market since then.

Underscoring how tough that business has become, Office Depot reported a fourth-quarter net loss, hurt by a 6 percent decrease in comparable sales at its North American stores and a revenue drop at its unit that serves North American businesses.

Office supply retailers, which are often seen as reflecting overall economic health, have suffered as demand for their products fell in the years after the last U.S. recession led companies to cut spending.

They also face strong competition from the likes of Amazon and Wal-Mart Stores Inc in selling everything from pens and notebooks to furniture and break room supplies to government, businesses and individuals.

SMALL PREMIUM

The offer represented a premium of just under 4 percent to OfficeMax's $13 close. It was not immediately clear if that was enough to satisfy one of the company's largest shareholders, Neuberger Berman, which said earlier this week it would support a deal depending on the terms.

OfficeMax shares rose 9.2 percent to $14.20 in premarket trading. Office Depot was up 10 percent at $5.52, meaning that OfficeMax was still trading below the value of the bid.

The deal, considered long overdue by many on Wall Street, will also give Office Depot and OfficeMax a chance to save hundreds of millions of dollars by closing stores, cutting advertising costs and streamlining their supply chain.

Industry experts have long hoped Office Depot would join hands with OfficeMax to take on Staples, which boosted its international business and clout with suppliers by buying Dutch rival Corporate Express in 2008.

BB&T Capital Markets analyst Anthony Chukumba said the Office Depot-OfficeMax combination would help Staples, however.

"Clearly, you can't make this deal work unless you close a bunch of stores," he said. "Store rationalization is long overdue, and Staples will clearly benefit from just having fewer stores to compete with."

Staples has 39.9 percent of the U.S. office supply market, Office Depot 19.2 percent and OfficeMax holds 15.7 percent, according to Euromonitor International.

Tribune reporter Samantha Bomkamp and Reuters contributed.

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