VOL. 40 NO. 23 thursDAY, MArCh 31, 2011

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COURT: EXONERATED INMATE CANNOT SUE PROSECUTORS

A sharply divided Supreme Court ruled against a former death row inmate who sought damages from the state after prosecutors hid crucial blood tests that would have earlier proven his innocence. The 5-4 decision involved John

Thompson, who came within weeks of execution and had spent 18 years behind bars before being set free after the new forensic evidence came to light.

SEE PAGE 3.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

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NEWS BRIEFS U.S. to seek second term on U.N. rights council STRAPHANGERS CAMPAIGN: SUBWAY ANNOUNCEMENTS WORST ON B LINE A new report by the Straphangers Campaign finds the announcements are the worst on the B line.

The survey says basic announcements like station names on the B were clear and correct only 55 percent of the time.

For the second year in a row, the Number 5 and Number 6 trains earned top honors, along with the now-defunct W line. The survey says basic information on those trains was clear and correct 100 percent of the time.

All the top lines had automated announcements.

Overall, the report says announcements throughout the system were clear and accurate 83 percent of the time.

The Metropolitan Transportation Authority credits digital voice technology and visual displays for the high marks.

TIMES SQUARE ALLIANCE SEEKS FOOD SERVICES FOR PEDESTRIAN PLAZA Times Square could soon have its own outdoor Restaurant Row. The Times Square Alliance is looking for food vendors and a delivery service to offer table service to the pedestrian plaza.

The group is looking for up to five vendors willing to set up shop and take orders from those sitting at tables in the plaza. It’s also requesting proposals from delivery services which would provide food from area restaurants.

Orders might be taken by servers, or through a smart phone app.

Proposals are due April 15th – with the goal of having service up and running as early as June.

ASSEMBLYMAN CLAIMS TAXI DESIGN COMPETITION IS DISCRIMINATORY One state lawmaker is calling for a federal investigation into the city’s ongoing contest to choose a new taxi.

Assemblyman Micah Kellner wants the Justice Department to examine whether the Taxi and Limousine Commission is blatantly disregarding the Americans with Disabilities Act. Two of the three finalists in the competition are not designed to accommodate wheelchairs.

Kellner says if the city chooses one of those models and does not mandate that they are modified to meet ADA requirements, the entire fleet would violate federal law.

A spokeswoman for the Department of Justice said the agency is reviewing Kellner’s letter.

A TLC spokesman says the agency has a fundamental disagreement with Kellner’s interpretation of the law.

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WASHINGTON — The United States will seek a second term on the U.N. Human Rights Council which has made significant progress over the past two years despite a “biased and disproportionate focus on Israel,” the State Department said on Thursday.

“We believe that U.S. engagement in the Human Rights Council has directly resulted in real progress,” State Department spokesman Mark Toner said in a statement announcing the decision to seek a new term.

Despite opposition by some proIsrael groups, the Obama administration took the United States into the council in 2009 with a promise to focus on traditional Western concerns about civil and political freedoms.

Toner said the United States was pleased by some of the results, which include assertive action by the council to highlight human rights abuses in Iran, Ivory Coast and Myanmar, to fight discrimination based on religious views and to protect the rights of gay, lesbian and transgender people.

But he said concerns remain, and the United States wanted to keep its seat “to ensure that the council realizes fully its intended purpose.”

“In particular, the United States remains determined to take all possible steps to end the Council’s biased and disproportionate focus on Israel.

The United States maintains a vocal, principled stand against this focus, and will continue its robust efforts to end it,” Toner said.

A general view shows the opening of the 16th session of the Human Rights Council at the United Nations European headquarters in Geneva.

He said the United States would also work to exclude from the council “governments which clearly do not merit membership given their own human rights records.”

U.S. Secretary of State Hillary Clinton in February became the first top U.S. diplomat to address the council in Geneva as part of the Obama administration’s effort to build international consensus on steps to stop Libyan leader Muammar Gaddafi’s effort to crush a rebellion against his rule.

But the council remains a target

for powerful Republicans in the U.S. Congress, where House of Representatives Foreign Affairs Committee chair Ileana Ros-Lehtinen has accused it of being dominated by “human rights violators” including China, Russia and Cuba.

The 47-member council, set up in 2006 to replace a discredited commission, is dominated by a bloc of developing countries, many of them Muslim. Israel and its allies charge that it devotes an excessive amount of time to condemning the practices of the Jewish state.

President visits NYC for dedication ceremony, fundraiser President Barack Obama wrapped up a day of appearances in New York City Tuesday at a fundraiser in Harlem.

Upon his afternoon arrival he attended a dedication ceremony at the United States Mission to the United Nations. The building is being named after Ronald H. Brown – the commerce secretary under President Bill Clinton who was killed in a 1996 plane crash during a trade mission.

Clinton remembered him as a dedicated diplomat who died while on a mission to rebuild a region torn apart by war.

Meanwhile, Obama framed the intervention in Libya as an attempt to live up to the ideals and values of the United Nations.

“There have been times where this imperfect institution and it’s members did not find the courage to fulfill our responsibilities and we are forever haunted by that, we’ve seen the consequences of that and atrocities that might have been prevented.

Yet today in Libya we are showing what’s possible when we find our courage,” Obama said.

Following his remarks, the president presented a flag and a framed photograph of the mission to Brown’s family.

Brown’s wife Alma, daughter Tracey and son Michael were in attendance as was Congressman Charles Rangel who proposed naming the building for Brown and for-

mer Mayor David Dinkins.

Brown was born and raised in Harlem, making it fitting that after the event the president would be traveling up to that neighborhood.

Once there, Obama switched over to campaign mode. He attended a Democratic National Committee fundraiser at celebrity chef Marcus Samuelsson’s Red Rooster restaurant.

It was his first visit to the neighborhood since 2008.

The $30,800-a-plate event was expected to raise $1.5 million for the DNC and included menu items such as lobster salad and short ribs paired with American wines.

Hundreds of people lined the streets hoping to catch a glimpse of the president, but his presence drew a mixed reaction from residents.

“I think him coming to Harlem is a great thing for Harlem. I’m happy

to see that the president took time to come down here and spend time with the people in the urban areas,” said one Harlem resident.

“What has he done for the people of Harlem? What has he done? You can’t even get to see the man. And he’s in the Red Rooster...$30,000 plus a plate? Can you believe this?

And people don’t have any jobs,” said another.

Earlier in the day, the president also joined Mayor Michael Bloomberg at the Museum of Natural History where he spoke with some of the city’s public school students who were attending a science fair.

Obama wrapped up his evening with a reception at the Studio Museum in Harlem, where he addressed about 250 supporters.

The president immediately headed back to Washington, D.C., as he is expected to deliver a major speech on energy independence Wednesday.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

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High court says exonerated inmate cannot sue prosecutors

By BILL MEARS WASHINGTON — A sharply divided Supreme Court ruled against a former death row inmate who sought damages from the state after prosecutors hid crucial blood tests that would have earlier proven his innocence. The 5-4 decision Tuesday involved John Thompson, who came within weeks of execution and had spent 18 years behind bars before being set free after the new forensic evidence came to light.

At issue was whether a district attorney’s office should be held liable, under a “failure to train” standard, when one of its prosecutors unconstitutionally withholds exculpatory evidence from a criminal defendant.

Then-New Orleans area District Attorney Harry Connick Sr. claimed his office should not be held fully responsible after one of his staff attorneys violated long-standing, accepted procedures on handling evidence in criminal trials.

Thompson’s lawyers said the DA’s office as a whole should be held liable for the poor training of prosecutors working under Connick.

“A district attorney is entitled to rely on prosecutors’ professional training and ethical obligations in the absence of specific reason, such as a pattern of violations, to believe that those tools are insufficient,” Justice Clarence Thomas said. He was supported by his conservative colleagues Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Samuel Alito.

In a tough dissent, Ruth Bader Ginsburg said “Connick’s deliberately indifferent attitude created a tinderbox in which (constitutional) violations were nigh inevitable.”

But Thomas noted prosecutors often face “gray areas,” discretionary judgment calls concerning what evidence may be important to the defense.

“To prove deliberate indifference, Thompson needed to show that Connick was on notice that, absent additional specified training, it was ‘highly predictable’ that the prosecu-

tors in his office would be confounded by those gray areas and make incorrect ... decisions as a result,” he said. “In fact, Thompson had to show that it was so predictable that failing to train the prosecutors amounted to conscious disregard for defendants’ (constitutional) rights.

He did not do so.”

Thompson was convicted in 1985 in the murder of a New Orleans man. He was also implicated in a separate attempted armed robbery.

Blood tests at the robbery showed the perpetrator had blood type B. Lawyers at the Orleans Parish DA’s office offered conflicting stories about whether the prosecuting attorney ever received the blood test report, or whether Thompson himself was ever given a confirming blood test.

Thompson was eventually convicted of both crimes and received the death sentence for the murder.

Just weeks before his scheduled 1999 lethal injection, private investigators hired by Thompson’s lawyers discovered the original crime lab report in police files. The prisoner was then tested and found to have blood type O. A hidden crime scene report also uncovered years after the fact showed eyewitnesses describing the murderer as 6 feet tall with close-

Anti-abortion billboard using Obama’s image raises ire CHICAGO — An anti-abortion billboard campaign using a likeness of President Barack Obama to target African-American women has angered women’s groups in Chicago.

Some 30 billboards declaring “Every 21 minutes our next possible leader is aborted” are being placed in predominantly African-American neighborhoods in Obama’s adopted hometown.

They are being displayed for free after the group’s controversial billboards declaring “the most dangerous place for an African-American is in the womb” were taken down following protests in New York.

The Texas pastor behind the campaign by Life Always said he wants to “encourage reflection” about the high abortion rate among African-Americans.

“For too long the scourge of abortion has been hidden behind political

correctness,” said Stephen Broden, who is African-American.

“Liberal interests have deceived our women into believing that the answer to poverty is to murder their babies.”

In a statement, Planned Parenthood of Illinois called the billboards “an offensive and condescending effort to stigmatize and shame African-American women while attempting to limit their ability to make private, personal medical decisions.”

Cherisse Scott, a health educator with Black Women for Reproductive Justice, said she resented outsiders coming to her poverty-stricken Englewood for the anti-abortion campaign.

“Who are these people?” she said.

“They don’t care about us. They don’t know what women face in this community, in our clinics.”

cropped hair. Thompson had a large Afro at the time, and was only 5 feet, 8 inches. That report too was not handed over to the defense at trial.

Armed with the new evidence, state courts then reversed the murder conviction, concluding the armed robbery conviction unfairly deprived Thompson of his right to testify in own defense at the murder trial.

After being retried for murder in 2003, a jury found Thompson not guilty and he was released from cus-

tody.

A federal civil rights lawsuit was then filed and a jury awarded Thompson $14 million in damages, a judgment upheld by a federal appeals court.

A landmark 1963 high court ruling — Brady v. Maryland — said prosecutor have a sworn duty to turn over evidence that may show a defendant is innocent. But in a subsequent opinion, the high court said individual prosecutors cannot be sued for any constitutional violations in the courtroom.

The Thompson decision further limits when defendants can sue for so-called “Brady” violations.

In a rare oral dissent, Ginsburg spoke from the bench to strongly criticize the majority’s conclusions.

“The record in this case abundantly shows flagrant indifference to Thompson’s rights,” she said.

“The conceded, long-concealed prosecutorial transgressions in Thompson’s trials were neither isolated nor atypical. They were just what one would expect given the attitude toward Brady pervasive in the district attorney’s office.”

Ginsburg was backed by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Connick, now retired from his DA post, is the father of entertainer Harry Connick Jr.

Black brokers lose bias suit against BofA/Merrill

By JONATHAN STEMPEL Bank of America Corp. won the dismissal of a bias lawsuit by black financial advisers at the former Merrill Lynch & Co. who said they were paid lower bonuses than white counterparts to stay on when the companies merged.

Wednesday’s dismissal by U.S. District Judge Robert Gettleman in Chicago is the latest setback for the brokers, who had first accused Merrill in a related case dating to 2005 of systematic discrimination in hiring, pay and promotions.

Gettleman had previously twice denied the brokers’ request in that case for class-action status. The brokers have asked a federal appeals court to review his decision.

Merrill had employed more than 15,000 brokers before Bank of America (BAC.N) bought the company on January 1, 2009, creating the largest U.S. bank by assets.

Retention bonuses are often awarded to brokers who work at companies being acquired, to keep them from defecting, and can reach seven-figure sums for top producers.

The black brokers had complained that their bonuses were based on “production,” or fees earned on client assets.

They said this caused them to be grossly underrepresented in top

quintiles and overrepresented in bottom quintiles because of Merrill’s earlier discrimination, including its alleged steering of lucrative accounts to white brokers.

But Gettleman said there was no showing that Charlotte, North Carolina-based Bank of America designed its bonus program with an intent to discriminate.

“Knowledge of past and even present discrimination alone does not make it plausible that defendants actually adopted the advisor transition program with discriminatory intent,” the judge wrote.

Both cases were brought on behalf of George McReynolds, a former Merrill broker in Nashville, and other brokers.

“The plaintiffs absolutely intend to collect the bonuses they were denied, by proving that Merrill engaged in a pattern and practice of discrimination,” Linda Friedman, a partner at Stowell & Friedman Ltd in Chicago representing the black brokers, said in an interview.

Friedman said her clients in the McReynolds litigation plan to pursue bonus claims through the original 2005 lawsuit.

Bank of America spokesman Bill Halldin said the bank is pleased with the judge’s decision.

The bank in November settled a gender bias lawsuit in New York by former Merrill female brokers, also represented by Friedman, for an undisclosed amount.

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DAILY CHALLENGE THURSDAY, MARCH 31, 2011

FORUM From T he Pu b l i sh er ’ s Desk

Viva la (shopping) différence!

By CHERYL MCNEIL PEARSON THOMAS H. WATKINS

The U.S. switches back and forth on Gaddafi

By GEOrGE E. CurrY The United States’ relationship with Moammar Gaddafi has vacillated over the years, at one time viewing him as a mad dog leader, then accepting him into the international community as a member in good standing and more recently, depicting him as an outcast while participating in coordinated multi-national air strikes on Libya.

In a recent speech to the nation on Monday night, President Obama defended his decision to join France, the United Nations and now NATO in launching air strikes on the African country to protect civilians.

The mass protests that led to the downfall of Egyptian President Hosni Mubarak after 35 years in power and the 23-year tenure of Tunisia President Zine al-Abidine Ben Ali have inspired protests throughout Northern Africa and the Middle East – including in Libya, Bahrain, and Yemen – and have underscored the United States’ inconsistent foreign policy.

While professing support for democracy around the world, the U.S. has openly supported dictators who routinely exploited and killed their own people, as was the case in Egypt under Mubarak and is the case in Bahrain under King Hamad bin Isa al-Khalifa. In those and other instances, the U.S. turned a deft ear to human rights violations because the leaders of those countries were allied with America in the fight against international terrorism.

In the case of Gaddafi, he has been considered both friend and foe.

Libya, a mostly desert country about four times the size of California, was divided into three different provinces, each with deep tribal tension, until a Gaddafi-led revolution ousted its former king in 1969. Even Gaddafi’s severest critics concede that he has used Libya’s newly-discovered oil wealth to uplift the poor, improving hospitals, and schools.

Detractors say he runs an oppressive regime where political opponents are victims of public hangings.

Gaddafi became an international pariah 25 years ago. In 1986, the Reagan administration accused Libyan agents of bombing a disco in

Who wears the (shopping) pants in your house? Ok, I know that was a really old school kind of question, but it got your attention, right?

Unless you’ve lived under a rock, we all know that the definition of families and households is ever-evolving (Note the success of ABC’s uber-popular, multiple award-winning “Modern Family,” which features the gamut of non-traditional.).

My employer, The Nielsen Company, which measures consumer trends and behaviors in almost every area of consumption around the globe, recently honed in on some major differences in the shopping “habits” of men and women. Fact is, in the United States, men are actually doing the food and household shopping more than ever before.

(Now, this is really good news for someone like me who has done the grocery shopping as the head of my household for more than 20 years now. I keep hoping I’ll meet a nice,

Berlin, Germany in which two American soldiers were killed. Reagan retaliated by bombing Libya.

In the process, dozens of innocent civilians were killed, including Gaddafi’s adopted infant daughter.

Two years later, Libya experienced the wrath of the international community after it was suspected of bombing Pan Am Flight 103 over Lockerbie, Scotland that resulted in the deaths of 270 people. In 1992, the United Nations applied sanctions against Libya for failing to turn over two suspects in the bombing.

Beginning in 1998, when it became the first nation to issue an international arrest warrant for Osama bin Laden, Libya took a series of high-profile actions to repair its tarnished international reputation.

In 1999, Gaddafi turned over two suspects in the Pan Am bombing, prompting the U.N. to lift economic sanctions against Libya. Two years later, when the two suspects were found guilty of murder, Gaddafi condemned the Sept. 11 attacks and urged his fellow citizens to donate blood to the victims.

The U.N. made additional concessions in 2003 by lifting travel and weapons bans against Libya after it formally accepted responsibility for the Pan Am bombing. Libya paid more than $2 billion to settle claims by the victims’ families.

In another step toward regaining international respectability, Libya disbanded its nuclear program and provided the CIA with information that helped uncover a nuclear underground market in Europe.

President George W. Bush, eyeing Libya as a potential partner in the war against terrorism, lifted most U.S. trade sanctions in 2004.

Describing the newly-thawed relationship, the Los Angeles Times, which spells the Libyan leader’s last name differently from most news outlets, observed: “As it struggles to combat Islamic terrorist networks, the Bush administration has quietly built an intelligence alliance with Libyan leader Moammar Kadafi, a onetime bitter enemy

Continued on page 5

the U.S. had tried for years to isolate, topple or kill.

“Kadafi has helped the U.S. pursue Al Qaeda’s network in North Africa by turning radicals over to neighboring pro-Western governments. He has also provided information to the CIA on Libyan nationals with alleged ties to international terrorists.”

The newspaper continued, “In turn, the U.S. has handed over to Tripoli some anti-Kadafi Libyans captured in its campaign against terrorism. And Kadafi’s agents have been allowed into the Guantanamo Bay detention camp in Cuba to interrogate Libyans being held there.”

The international media’s obsession with highlighting only war, disease, poverty, and national disasters in Africa, means that many Americans don’t know about the progress being made in expanding democracy on the continent.

The leaders of Egypt and Libya have been in power more than three decades. However, twothirds of the 54 countries in Africa have leaders that have been in power 15 years or less.

According to a 2008 poll of 19 African countries by www.afrobarometer.org, 29 percent of those polled rated their country as a full democracy, 30 percent of the respondents described their country as a democracy with minor problems, 25 percent labeled their country as a democracy with major problems and only 11 percent said they either didn’t live in a democracy or didn’t know the status of their nation.

The major fear among some African leaders is that having joined in the air strikes against Libya, the Obama administration may now use that as an excuse to support military intervention in other African counties, providing a further setback to sovereignty and self-governance on the continent.

— George E. Curry, former editor-in-chief of Emerge magazine and the NNPA News Service, is a keynote speaker, moderator, and media coach. He can be reached through his Web site, www.georgecurry.com You can also follow him at www.twitter.com/currygeorge.

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eligible man in the produce section of my local grocery store. Hope springs eternal.)

According to Nielsen research, women still do the majority of shopping; but men are pulling up the rear. However, shopping behavior for men and women is a bit different.

Women continue to dominate shopping trips in all retail channels (grocery, super centers, warehouse clubs, dollar and drug) except convenience stores; but men have increased trip shares between 2004 and

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the views expressed on the Forum page are the OPINIONs of its authors and may not reflect the views of the Daily Challenge.

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DAILY CHALLENGE THURSDAY, MARCH 31, 2011

Forum

City Council member Larry B. Seabrook participates in forum on ‘Challenges to the Achievement of Young Black Males in Public Education’ BRONX — New York City Council Member Larry B. Seabrook, 12th District, will moderate a public policy forum on the “Challenges to the Achievement of Young Black Males in Public Education,” on Thursday, March 31, 2011 from 7:00 P.M. – 8:30 P.M. at the historic Abyssinian Baptist Church, 132 Odell Clark Place & W. 138th Street, New York, NY 10030.

This forum will utilize the recently released report by The Schott Foundation for Public Education, “Yes We Can: The Schott 50 State Report on Public Education and Black Males

2010,” as a primer to measure and discuss the current educational status of our Black male youth, and the existing barriers to their overall academic and social success.

The confirmed forum participants, in addition to Council Member Seabrook, include Mr. Michael T.S. Wotorson, Executive Director, Campaign for High School Equity based in Washington, D.C.; Dr. Sandye P. Johnson, Principal, Thurgood Marshall Academy for Learning & Social Change and Mr. Sean L. Davenport, Principal, Thurgood Marshall Acade-

La (shopping) différence!

Continued from page 4 2010 in all retail outlets but drug stores.

Nielsen research also shows that women tend to be the biggest spenders per trip, which indicates that they handle the weekly planned shopping trips for their families. At grocery stores, women’s basket totals average $44.43 per trip; a man spends an average of $34.81 per trip.

However, although women rule shopping at dollar stores and warehouse clubs (72% versus 28%), we only spend $3 - $5 more per trip than men.

And, there are more interesting shopping stats. Did you know that Sunday is the most important shopping day of the week for both sexes, although Saturday is almost as important at warehouse club stores? That piece of information makes me wonder if I’m the only single person on the planet who thinks it’s a good idea to do the grocery shopping on a Saturday night.

(I think I am going to have to switch up my routine and maybe get a life.) Well, at least I’m in line with my demographic (women under 55), who shop mostly on the weekends. Women (and men) aged 55 and over spread their trips out more evenly over the course of the week.

While Nielsen research does not predict that men will be the pre-

dominant shopper at the grocery store anytime soon, it is important for marketers to note the increase in male shopping activity. We can blame the increase in shopping on the economy. According to a February 2011 U.S. Bureau of Labor Statistics report, men face a higher unemployment rate than women (8.8% compared to 7.9%).

That means more men are staying at home than in the past, and in many cases are becoming more engaged in managing the day-to-day household duties. Because of our new economic reality, manufacturers and marketers are going to have to re-evaluate traditional ads, circulars and other promotional materials.

One major consumer-packaged-goods manufacturer has already developed a site targeting male homemakers.

Others will surely follow suit because, as always, it’s all about how and where your valuable consumer dollars are spent.

One area where the sexes are pretty much running neck and neck is in online shopping. More Nielsen research shows that almost three-fourths of women (72%) and more than two-thirds of men (68%) shopped online in the past 30 days.

Consumers of both sexes between age 35 and 54 had the highest level of online shopping activity (74%), which makes sense because younger consumers have tradition-

Wanted: Houses to Buy

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my Lower School and Mrs. Sheena Wright, President & Chief Executive Officer, Abyssinian Development Corporation.

Council Member Larry B. Seabrook stated, “The Schott Foundation’s report offers a revealing examination on the educational condition of our African American male youth. We are witnessing a crisis of monumental proportions; therefore, we must explore both successful teaching methods, supportive networks and education related initiatives which have a profound impact on our chil-

dren’s academic performance. This forum will stimulate debate and hopefully lead to a nationwide call to reverse these startling statistical trends. I applaud the Rev. Dr. Calvin O. Butts, III and the Abyssinian Baptist Church for agreeing to host this topical educational forum.”

Date: Thursday, March 31, 2011 Time: 7:00 P.M. – 8:30 P.M. Venue: The Abyssinian Baptist Church 132 Odell Clark Place & W. 138th Street (between Lenox Avenue & Adam Clayton Powell, Jr. Blvd.)

New York, NY 10030

ally been the ones most on the cutting edge of technology. However, those numbers for online and mobile activity among seniors will increase as Baby Boomers (those born between 1946 and 1964), who are comfortable with technology, age. The oldest Boomers this year started turning 65 and a number of retailers are already using their websites to target senior citizens with special online promotions, clubs that offer discounts and an array of other attractive features. As for me, I have a fabulous marketing idea.

How about turning the “Meat Market or Department” into the “Meet Market?” Especially on Saturday nights, say between 9 p.m. and 10 p.m.? I know of at least one single Black female who is usually there.

Cheryl Pearson-McNeil is the senior vice president of public affairs and government relations for The Nielsen Company. For more information and studies go to www.nielsenwire.com About The Nielsen Company The Nielsen Company (NYSE: NLSN) is a leading global information and measurement company with leading market positions in marketing and consumer information, television and other media measurement, online intelligence, mobile measurement, trade shows and related assets. The company has a presence in approximately 100 countries, with headquarters in New York, USA. For more information on The Nielsen Company, visit www.nielsen.com.

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A sharply divided Supreme Court ruled against a former death row inmate who sought damages from the state after prosecutors hid crucial blood tests that would have earlier proven his innocence. The 5-4 decision involved John

Thompson, who came within weeks of execution and had spent 18 years behind bars before being set free after the new forensic evidence came to light.

SEE PAGE 3.

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DAILY CHALLENGE THURSDAY, MARCH 31, 2011

6

NATIONAL

Judge again blocks Wisconsin’s anti-union law

By JEFF MAYERS M A D I S O N , Wisconsin A Wisconsin judge issued a revised order on Tuesday blocking implementation of a controversial state law curbing collective bargaining by public unions while she hears a legal challenge to the proposed law.

Dane County Circuit Court Judge Maryann Sumi, who issued an injunction two weeks ago blocking the law, issued an amended order barring Secretary of State Doug La Follette from doing anything that would result in the measure from taking effect.

The measure, known

as Wisconsin Act 10, was passed by the Republican-controlled state legislature and signed by Republican Gov. Scott Walker earlier this month. It bans collective bargaining by most public employees on anything other than base wages, and even those are tightly regulated.

Walker, who strongly pushed the legislation, said it was necessary part of a broader package to combat what he says is the state’s $3.6 billion budget deficit.

The fight over the Wisconsin law turned the state into a national flashpoint in much larger battle over workers rights amid huge state budget deficits and debt burdens.

Protesters occupied the Wisconsin state capitol for weeks and staged the biggest demonstrations in

Madison since the Vietnam War. Other states are watching the Wisconsin battle. An Ohio House committee on Tuesday passed a bill that would restrict collective bargaining rights for about 350,000 public employees and ban them from striking.

The Wisconsin law has prompted several legal challenges, including the one Sumi is hearing filed by the Dane County district attorney, who alleges the Republican legislators who passed the law broke the state’s strict Open Meetings Laws.

The state Supreme Court has been asked to weigh in on the dispute but has so far not signaled whether it will do so.

Two weeks ago, Sumi issued an injunction

halting the publication of the law by the secretary of state, the final step before it would take effect.

But last Friday, a state agency published the law despite Sumi’s original order, and Walker’s administration has begun to implement the measure’s provisions.

Walker insists the publication by the Legislative Reference Bureau means the law is now in effect. His lawyers also say the LRB’s action did not violate Sumi’s injunction since the agency was not specifically mentioned in the restraining order.

But Judge Sumi’s Tuesday order states: “La Follette, in his official capacity, is enjoined from designating the date of publication for

2011 Wisconsin Act 10, or any further implementation of 2011 Wisconsin Act 10, including but without limitation publishing in the official state newspaper ... until further order of the court.”

The LRB is a nonpartisan agency whose director is appointed by the leaders of the Wisconsin State Assembly and Wisconsin State Senate — both Republicans who support the measure.

Democrats, organized labor and other opponents of the measure disagree and say the publication has no legal significance and that the law cannot take effect until their legal challenge is heard and La Follete officially publishes the act in the Wisconsin State Journal

newspaper.

If the law is upheld, many of the things public workers now bargain for through their unions, including health insurance, pension benefits, work hours, vacation time and other conditions of employment, will have to be negotiated on a case-by-case by the individual workers themselves.

A spokesman for J.B. Van Hollen, the state attorney general who has been defending the law, said he was disappointed by the latest order and considering his options.

“As we told the court, we have serious concerns about the court’s decision to continue these proceedings under the current set of circumstances,” Bill Cosh said in a statement.

Nine die in Alabama during Arizona enacts ban on abortions based on gender, race bacteria outbreak

By DAVID SCHWARTZ

By PEGGY GARGIS BIRMINGHAM, Alabama - Nine patients in Alabama have died after receiving intravenous nutrition that authorities say was contaminated, but it was unclear whether the bacteria contributed to the deaths.

Alabama authorities said they were investigating an outbreak of Serratia marcescens bacteremia, a bacterial infection in the blood, in 19 patients at six hospitals in the state who all received total parenteral nutrition (TPN).

TPN is a nutritional solution fed to patients by injection.

“Of the 19 that received the substance, nine of those are no longer living ... These were very fragile individuals and it’s not clear whether the bacteria contributed to their deaths,” said Dr. Jim McVay, a senior official with the Alabama

Department of Public Health.

Authorities identified bacteria first in the patients and then ran cultures on the TPN, he said.

“TPN is liquid nutrition fed through an IV using a catheter. Use of contaminated products may lead to bacterial infection of the blood,” said a department statement.

The Centers for Disease Control and Prevention (CDC) is helping with an investigation, the department said.

“CDC’s initial investigation identified TPN produced by a single pharmacy, Meds IV, as a potential common source and has determined that these hospitals received TPN from this pharmacy,” the department said in a statement.

The pharmacy was notified and informed its customers of the possibility of contamination.

On March 24, it recalled all of its IV compounded products and has discontinued all production.

PHOENIX Arizona Governor Jan Brewer on Tuesday signed into law a controversial bill that makes the state the first in the nation to outlaw abortions performed on the basis of the race or gender of the fetus.

The move comes as anti-abortion groups across the nation try to seize on gains made by political conservatives during the November elections, seeking enactment of new state laws to further restrict abortions.

Under the new

Arizona statute, doctors and other medical professionals would face felony charges if they could be shown to have performed abortions for the purposes of helping parents select their offspring on the basis of gender or race.

The women having such abortions would not be penalized.

State legislators have said no such law exists anywhere else in the nation.

Backers of the measure said the ban is needed to put an end to sexand race-related discrimination that exists in Arizona and throughout the nation. They insist the issue is about bias rather than any broader stance on abortion.

“Governor Brewer believes society has a responsibility to protect its most vulnerable — the unborn — and this legislation is consistent with her strong pro-life track record,” a spokesman said.

But opponents have maintained that while such abortions may be happening in other countries like China, no clear evidence can found of it occurring in Arizona.

Planned Parenthood Federation of America also said the measure may erode a woman’s rights, fearing that doctors for the first time would feel compelled to ask their patients the reasons for seeking an abortion.

A Planned

Parenthood official in Arizona condemned the governor’s action in a statement to Reuters.

“This law creates a highly unusual requirement that women state publicly their reason for choosing to terminate a pregnancy — a private decision they already made with their physician, partner and family,” said Bryan Howard, the group’s chief executive.

The law contains no explicit provision requiring doctors to ask their patients their reasons for seeking an abortion, nor for patients to disclose such reasons. But opponents of the measure feel passage of the new law might make them feel more inclined to do so.

FBI probes possible bullet hole in US Air plane CHICAGO - The FBI is investigating what might be a bullet hole, discovered in the side of a US Airways Group Inc plane this week, the airline said on Wednesday.

The small hole in the Boeing 737-400 was

found by a pilot on Monday at the Charlotte/Douglas International Airport in North Carolina.

“The pilot was doing his standard, pre-flight walk-around and noticed a small hole in the rear, left fuselage,” said US Airways spokeswoman Michelle

Mohr.

An FBI spokeswoman in Charlotte was not immediately available to comment on the investigation.

The aircraft had arrived in Charlotte from Philadelphia carrying 84 passengers and was scheduled to fly to Hartford,

Connecticut, when the hole was found.

The plane, designed to carry 144 passengers and five crew members, was taken out of service on Monday and was scheduled to be back in service on Wednesday, Mohr said.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

COMMUNITY AFFAIRS

7

State of Emergency Protests

Larry Hails co-origanizer of rally

A senior fighting to keep Senior Centers from closing Marching down Broadway to Wall Street area

Miss Betty Davis of the Green Party the Taylor Law,” referBy JAMES ring to the New York LANE State law forbidding public sector workers to Thousands of labor strike. This law was unionists, students and used to repress the community activists ral- transport workers’ lied at City Hall and strike in the winter of marched chanting 2005, which shut the through New York city down for several City’s financial district days. last week, protesting Larry Hales of the threatened budget cuts CUNY Mobilization that would cause schools Network, who coto close, tuition to rise, chaired the rally, said cut social services drasti- marching to Wall Street cally and bring thou- “highlights the source of sands of layoffs to public the problem. The banks sector workers. and Wall Street investors Anti-Wall Street have looted the public chants rang off the treasury while giving canyon walls of the nothing back,” he comfinancial district as mented. “All the budget marchers brandished cuts could be avoided placards and banners simply by making the with their messages. banks and investors pay Prominent chants their share of taxes. We included “Today’s the are organizing to stop day the rich must pay!” layoffs and budget cuts and “Money for jobs and and to reclaim the public education, not for wars funds to use them for and occupation!” Several the workers, communiplacards read “Smash ties and students.”

TWU workers lend their support to the rally.

Oliver Gray, Associate Union Local 100, Director of AFSCME reminded the mayor and District Council 37, governor that the city whose members made needs the 38,000 New up the largest part of the York bus and subway rally, said public sector workers more than it workers will not allow needs the politicians and the Governor to blame bankers. “The city would them for the so-called grind to a halt quickly if deficit. “How are we to these workers were to blame,” he asked, “when suddenly become sick the Governor wants to and unable to work from cut the taxes of the rich- the stress caused by cutest people in New York, backs, layoffs and servand gives back to Wall ice changes,” he said.

Street investors $15 bil- “But if the bankers and lion a year in stock politicians disappeared transfer taxes?” not much would hapMichelle Keller, Vice pen.”

President of DC37 Local Geoff Kurtz, of the 375, said a large DC37 Professional Staff delegates’ assembly last Congress (PSC) at Tuesday voted over- Borough of Manhattan whelmingly to support Community College members’ participation echoed the TWU vice in the rally and march. president’s theme, say“This movement is just ing that even the stubeginning,” she said. dents are workers and “We won’t stop until that their needs and we’ve forced the state those of the city workers and city to respect public are more crucial to New sector workers and York’s future than whatrestore the cuts.” ever needs the bankers Kevin Harrington, may have. PSC members vice president of at CUNY campuses Transport Workers across the city mobilized

Protestors chant led by Larry Holmes both their own members ed Governor Cuomo and as well as students and Mayor Bloomberg, who other campus workers. claim cuts are necessary Sarah Pomar, of the because the state and Brooklyn College city are “broke.” If the International Socialist state is “broke,” he Organization, said stu- asked, why are taxes dent organizing has being cut for the richest only begun, and empha- 1 percent of the populasized that this movement tion, whose share of the is mushrooming. “The state’s income has shot interests of the students up to more than 35% and the workers are the from 10% since 1995. same,” she declared. Their share of the city’s “We’ll keep fighting income is even higher, at until we win.”

44%, he said.

Ramon Jimenez, a coLarry Holmes of the founder of the South Bail Out the People Bronx Community Movement emphasized Congress and 2010 how New York’s share of Freedom Party candi- the federal military date for New York State budget is hurting peoAttorney General, ple. “New Yorkers pay thanked the mayor and more than $60 billion for governor for accom- bombers and aircraft plishing something his- carriers used against toric — the unification of Libya, and all the killing student groups with and destruction in Iraq unions and community and Afghanistan,” he organizations to produce said. “It’s illegal, and we this new coalition. need to stop it, and put New York City that money to work here Council member Charles at home, for jobs, schools Barron, who was the and services,” he 2010 Freedom Party declared.

- All Photos by Lem candidate for Governor Peterkin of New York, contradict-

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

AFRICAN SCENE

8

Libyan rebels scatter, world mulls sending arms

By MARC BURLEIGH NEAR BREGA, Libya - Loyalist forces overran the Libyan oil town of Ras Lanuf on Wednesday, scattering outgunned rebels as world powers debated arming the rag-tag band of fighters seeking to oust Moamer Kadhafi.

AFP reporters quoting rebel fighters said Kadhafi’s troops swept through Ras Lanuf, strategic for its oil refinery, blazing away with tanks and heavy artillery fire soon after dawn.

Panicked rebels fled in their hundreds through Uqayla, 20 kilometres (12 miles) east of Ras Lanuf, calling for coalition air strikes on Kadhafi’s forces, before driving further away from the front lines through the oil town of Brega and on towards the main city of Ajdabiya, 120 kilometres away.

“We want two things: that the planes drop bombs on Kadhafi’s tanks and heavy artillery; and that they (the coalition forces) give us weapons so we can fight,” rebel fighter Yunes Abdelghaim told AFP. The 27-year-old, who was holding a Russian AK-47 assault rifle and French flag, said it seemed as if the coalition had halted its air

Loyalist Libyan troops halted a rebel advance on Moamer Kadhafi's home town of Sirte, which was pounded overnight by coalition jets. forces by the UN Security strikes for two days Kadhafi’s their Council. coinciding with a launched Belgium, too, voiced London conference on onslaught.

British Prime its opposition to arming the Libyan crisis.

David Libya’s rebels, warning “We want the French Minister refused that the move could to bomb the (Kadhafi) Cameron soldiers,” said another Wednesday to rule out alienate Arab nations.

Belgian Foreign fighter, Ali Atia al- arming the rebels after Foreign Minister Steven Faturi, as the sound of French shelling and gunfire Minister Alain Juppe Vanackere, whose counsaid at a London confer- try has deployed fighter grew louder.

On Tuesday the ence the previous day jets as part of a NATOrebels came within 100 that France is prepared led campaign to protect km of Sirte, the strong- to hold discussions on Libyan civilians, said providing weapons to man’s hometown, before the issue. encountering fierce Asked in parliament the insurgents would be resistance which what Britain’s policy “a step too far.”

“This would cost us reversed an advance was on arming the launched when Britain, rebels, given the exis- the support of the Arab France and the United tence of a United world,” he said.

States started UN-man- Nations arms embargo And in Beijing, dated air strikes on on Libya, Cameron China’s President Hu replied: “We do not rule Jintao warned French March 19.

Nicolas Under barrages of it out but we have not President artillery fire, rebel taken the decision to do Sarkozy that air strikes on Libya could violate fighters stampeded so.”

Russian Foreign the “original intention” down the coastal road in clouds of dust, many Minister Sergei Lavrov of the UN resolution fleeing aboard pickup said Moscow believed authorising them if that foreign powers did civilians suffer. trucks.

US Secretary of State They huddled down not have the right to in Ras Lanuf overnight arm the rebels under Hillary Clinton said that but soon after dawn the mandate approved although UN sanctions

prohibit the delivery of arms to Libya, the ban no longer applies.

“It is our interpretation that (UN Security Council resolution) 1973 amended or overrode the absolute prohibition on arms to anyone in Libya, so that there could be a legitimate transfer of arms if a country should choose to do that,” she said.

A spokesman for the rebel Transitional National Council, Mustafa Ghuriani, told reporters in the Benghazi “it would be naive to think we are not arming ourselves” to match the weaponry deployed by Kadhafi loyalists.

But he declined to confirm or deny that France and the United States were offering to supply arms, saying only that unspecified “friendly nations” were backing the rebels.

NATO’s top commander revealed that there was no alliance representative on the ground in Libya to work with rebel forces and that he had no orders to supply the opposition with weapons.

Admiral James Stavridis also said the alliance was working to get a clearer picture of the opposition, amid intelligence reports showing “flickers” of a possible Al-Qaeda presence.

US President Barack Obama, who has laid out a moral imperative for protecting Libyan civilians caught in the

battle, also said he did not rule out arming the rebels.

“I’m not ruling it out.

But I’m also not ruling it in. We’re still making an assessment partly about what Kadhafi’s forces are going to be doing,” Obama said.

Obama said the “noose” was tightening around the Libyan strongman, but noted that Kadhafi did not appear to be seeking to negotiate an exit from Libya yet, despite the bombardment of his forces.

But he added he believed Kadhafi would eventually quit.

“Our expectation is that as we continue to apply steady pressure, not only militarily but also through these other means, that Kadhafi will ultimately step down,” he said.

Opening the London talks, Cameron said the air strikes were helping to protect civilians from “murderous attacks” by Kadhafi’s forces especially in the western rebel-held town of Misrata.

“Kadhafi is using snipers to shoot them down and let them bleed to death in the street,” Cameron told the conference.

A rebel spokesman reached by telephone in Misrata said Libya’s third city, 214 kilometres (132 miles) east of Tripoli, had been blasted on Wednesday again by Kadhafi’s forces, while a medic said 18 people were killed in fighting the previous day.

Egypt antiquities chief becomes minister CAIRO - Egypt’s chief archaeologist Zahi Hawass, the guardian of some of the world’s most important treasures, was on Wednesday named minister of antiquities, the official MENA news agency reported.

Hawass had served as head of the Supreme Council of Antiquities

and later became minister of state under ousted president Hosni Mubarak.

Nationwide protests that erupted on January 25 overthrew Mubarak and saw power handed over to a military council.

Hawass’s appointment is likely to anger pro-democracy activists who have been calling for the cabinet to purged of all old regime

elements.

His nomination comes amid multiplying calls by the UN cultural agency to protect Egypt’s heritage after reports of looting and theft during the unrest that followed the popular uprising.

UNESCO said on Tuesday that it would write to Egyptian authorities to officially ask for more protection for the country’s

archaeological sites.

Earlier this month, the UN body voiced growing concern for such sites which it said were threatened by pillaging.

Robbers raided several warehouses around the country, including one in the Egyptian Museum, after the uprising gave way to looting and insecurity.

An antiquities offi-

Egypt's chief archaeologist Zahi Hawass, the guardian of some of the world's most important treasures, has been named minister of antiquities, the official MENA news agency reported.

Photo/Jemal Countess cial said last week that warehouse east of Cairo 800 relics stolen by were still missing. armed robbers from a

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

9

AFRICAN SCENE

Official: Rebels close in on Ivory Coast capital

By MARCO CHOWN OVED ABIDJAN, Ivory Coast A spokesman for Ivory Coast’s leader clinging to power called for a ceasefire as rebel forces backing the internationally recognized winner of the disputed election advanced toward the capital from two different directions Wednesday.

If the fighters take the capital of Yamoussoukro, it would be a largely symbolic trophy as the real seat of power is in the biggest city, Abidjan.

But if Yamoussoukro falls, it would open up main highway to that commercial capital, only 143 miles (230 kilometers) away.

Supporters of internationally recognized leader Alassane Ouattara hope that would prompt incumbent Laurent Gbagbo to finally accept an offer of exile four months after the disputed presidential election unleashed political chaos in this West African nation. At least 462 people have been killed and up to 1 million have fled their homes since the vote.

Capt. Leon Alla, a defense spokesman for

Ouattara, said proOuattara forces had taken control of two towns just west of the capital - Bouafle and Sinfra.

Another front, coming down from the north, was also advancing toward the capital, said Seydou Ouattara, a military spokesman for the rebel force who is not related to the country’s leader. He claimed that the town of Tiebissou, the last city before Yamoussoukro, had fallen Wednesday morning.

“We are 35 kilometers (21 miles) from Yamoussoukro,” Seydou Ouattara said from the military command center.

A third front from the east of the country was advancing south, with combat taking place in Akoupe on Wednesday, Ouattara said. The rebels secured Bondoukou and Abengourou along the Ghana border on Tuesday, and seemed poised to strike directly at Gbagbo on this front as Akoupe is only 70 miles (113 kilometers) from the country’s biggest city of Abidjan.

As the rebels advanced from three directions, Gbagbo spokesman called for a cease-fire and mediation. Spokesman Don Mello told Radio France Internationale the army has adopted a strategy of tactical withdrawal.

He warned, however, that Gbagbo’s forces could use their “legitimate right of defense.”

A statement read on state television Tuesday night declared that the thousands of youth who enlisted in Gbagbo’s army last week would be called up for service starting Wednesday morning.

Asked about the cease-fire offer, a Ouattara ally said it was necessary to resort to legitimate force.

“President Alassane Ouattara was patient and gave Mr. Laurent Gbagbo every possibility to leave power peacefully. He refused every offer made to him,” Ivory Coast’s ambassador to France, Ali Coulibaly, said on French radio France Inter Wednesday.

A statement put out

by Ouattara’s RHDP party late Tuesday said “all peaceful avenues to convince Laurent Gbagbo of his defeat have been exhausted.”

The Vatican announced that it was sending a representative to Ivory Coast Wednesday to encourage a peaceful reconciliation to the conflict.

Over the past few days, rebels fighting to install Ouattara have advanced east toward the center of the country. On Tuesday they claimed to have seized the major cities of Duekoue and Daloa.

Highways from Daloa lead south to the port of San Pedro, which could be used to resupply the rebels who do not currently have access to the sea, and east to Yamoussoukro.

But many believe a bloody final battle for the presidency will take place in the commercial capital of Abidjan, which is split into proGbagbo and proOuattara neighborhoods.

Fighting in these areas has been almost daily, with mortars and machine guns being used against civilians.

In the past several weeks, fighters loyal to Ouattara have taken effective control of several northern districts in the city.

At least one body lay bloated in the sun in the downtown Plateau business district Wednesday morning, witnesses said. Armed youth who guard nightly barricades around town have started to keep them running during the day.

“These boys are armed. They aren’t the police. They stop everyone and demand money,” said a taxi driver who asked not to be identified for fear of reprisals. “This morning I saw them pull a man out of his car and beat him with the butts of their guns.”

Congo artists exhibit work in South Africa JOHANNESBURG - A sculptural bust made of discarded bullet cartridges has a protruding belly with a hole in it.

Another bust encased in a large glass case has holes in its heart, belly and thigh.

“The hole represents life,” Freddy Tsimba,

43, said of the busts he made using tens of thousands of bullet cartridges he has collected over more than 10 years of war in his native Congo.

Tsimba and 10 other renowned Congolese artists exhibited work in South Africa’s commercial hub on Tuesday for “Art for Peace,” a show whose proceeds will support victims of sexual vio-

lence in eastern Congo.

“Through the arts we hope to contribute to the healing process,” said South African Minister of Arts and Culture Paul Mashatile.

“We reach out to the women and children of eastern (Congo) who have been scarred and whose scars will last a lifetime.”

Exhibitors said the money will benefit a hospital in Bukavu, a

large city in eastern Congo. Panzi Hospital specializes in the treatment of reproductive trauma and trauma from sexual violence.

Violence is reaching new levels of savagery in this corner of Congo, where competition for control of mineral resources has drawn in several armed groups, including the Congolese army.

- CARLEY PETESCH

AFRICAN SCENE

f up security ahead of polls Nigeria beefs ABUJA, Nigeria - Nigeria’s police force says it is deploying more officers ahead of elections which begin Saturday in Africa’s most populous nation.

National police spokesman Yemi Ajayi said each state would start deploying more troops Thursday according to its needs.

Ajayi said Wednesday the northern states of Kano and Niger were going to deploy 10,000 officers each, but that Lagos, the country’s most populous state, could be deploying twice as many.

The inspector general of police had already announced that the army and other law enforcement agencies would also increase their forces to ensure peaceful polls.

Nigerians are voting for new parliamentary delegates Saturday, a new president on April 9 and new governors on April 16, but past polls have been mired in vote-rigging, violence and political thuggery.

Study: Human virus threatens mountain gorillas NAIROBI, Kenya - A new study has found that a virus causing deadly respiratory diseases in humans can be passed on to critically endangered mountain gorillas in Central Africa.

Researchers who spent time in Rwanda’s Volcanoes National Park said they found traces of Human Metapneumovirus during post-mortem examinations of two gorillas that died in 2009.

The two were in a group of 12 infected by a respiratory disease.

The study by researchers from various institutions, including Columbia University and the University of California, was published Tuesday in the Emerging Infectious Diseases Journal of the Centers for Disease Control and Prevention.

There are only 786 mountain gorillas in the wild. They live in Rwanda, Uganda and the Democratic Republic of Congo.

S.African white supremacist caught with weapons JOHANNESBURG - South African prosecutors say counterterrorism police have arrested a white supremacist and seized weapons.

The National Prosecuting Authority’s Mthunzi Mhaga said Wednesday a lengthy investigation led to Andre Visagie’s arrest Tuesday. Mhaga says police have seized from Visagie’s home five homemade rifles, a pistol, more than 690 rounds of ammunition and a cell phone that could have been used to set off an explosion. He was charged with weapons offenses.

Visagie had been a leader in the Afrikaner Weerstandsbeweging movement, or AWB. The once-feared group has faded in prominence in recent years.

Visagie left the AWB soon after its founder, Eugene Terreblanche, was found bludgeoned to death on his farm last year. Visagie said the AWB was doing too little to protect whites.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

10

CARIBBEAN BRIEFS ONE FAMILY.

Whether West Indian, African or African American.

One God, One Aim, One Destiny.

Jamaican banker pleads guilty to US$220 million fraud ORLANDO Jamaican banker David Smith, the former head of collapsed investment scheme Olint, has pleaded guilty in a Florida court to defrauding thousands of customers of more than US$220 million.

investors.

In addition, funds transferred to his own personal bank accounts reportedly enabled Smith to live a lavish lifestyle. Among his expenditures included political contributions, gambling, a down-payment for the purchase of a Lear jet and sponsorship of the Jamaica Jazz and Blues Festival.

A raid by authorities in Jamaica forced him to shut down his business in Kingston and relocate to the Turks and Caicos Islands, where former premier Michael Misick once described him as a “model citizen”.

Former US president Carter visits Cuba

David Smith, former CEO of Olint Corp The Jamaica Observer reported that, as part of a plea agreement, Smith has admitted guilt on four counts of wire fraud, one count of conspiracy to commit money laundering and ten counts of money laundering.

He is facing up to 20 years imprisonment, but is likely to get less because of his plea bargaining.

Last year, he received a prison sentence of just over six years in the Turks and Caicos Islands, where he pleaded guilty to fraud and conspiracy charges. US authorities collected him from the TCI in November to face federal charges.

Prosecutors said that more than 6,000 people invested with Smith. He admitted in his plea agreement that Olint was a “massive” Ponzi scheme, where he paid returns to investors not from profit but from their own money or that paid by subsequent

HAVANA, Cuba — Former US President Jimmy Carter is now in Cuba.

He is meeting with President Raul Castro, the leader of Cuba’s Catholic Church and the island’s Jewish community.

There is speculation that Carter will seek the release of a jailed American aid contractor Alan Gross.

This is the second time that Carter has travelled to Cuba and he is the only US president, in or out of power, to go to the Caribbean island since the 1959 revolution that transformed the country into a communist state. His first visit was in May 2002.

Since leaving office in 1981, Carter has on occasion served as an official diplomatic troubleshooter, including last August when he went to North Korea to secure the release of an American imprisoned there.

Carter, 86, who arrived in Cuba on Monday, will be there for three days.

CARIBBEAN NEWS

Chairman of Trinidad PSC to be removed for racial comments

PORT OF SPAIN, Trinidad — Trinidad and Tobago president, George Maxwell Richards, now appears to have no choice but to remove Nizam Mohammed as chairman of the Police Service Commission.

On Monday, Prime Minister Kamla Persad Bissessar, the leader of the government that promised a new kind of politics, roundly criticised Mohammed, in effect clearing the path for his dismissal. It is, however, only the president who can act.

The Trinidad Express newspaper reported that, in a strongly worded statement from the office of the Prime Minister, titled “Statement from the

Government of Trinidad and Tobago”, the People’s Partnership coalition government “categorically condemned” Mohammed’s “reckless... senseless.. and divisive comments.”

Speaking at a Joint Select Committee meeting last Friday, Mohammed expressed concern about the ethnic composition of the Police Service, saying the records showed there were more Africans than East Indians.

He pledged, as chairman of the PSC, to deal with the imbalance “with the assistance of Parliament” and cited the commitment as the reason why “the guns were now aimed at him”.

Mohammed has previously been the target of criticism because of a traffic incident in Port of Spain last year.

Since the explosive statements on Friday, criticism has continued to mount and pressure has piled up for Mohammed to go, with many persons calling on the government to state whether he had been given a mandate to address the ethnic imbalance in the service and whether the government supported this position.

Apparently responding, the government, which had vehemently supported Mohammed’s appointment, reversed itself by pulling the rug from under him, stating, “Mr Mohammed must be held accountable for his inflammatory and unwise remarks, which in no way represent the views of the government.”

Government cut backs begin in Turks and Caicos PROVIDENCIALES, Turks and Caicos Islands — Some government employees in the Turks and Caicos Islands have received termination notices this week.

There had earlier been some specific leaks relating to certain employees being targeted for redundancy coming out of offices in Grand Turk last week, which are this week being borne out by actual layoffs.

It appears that, despite some layoffs occurring previously in specific government agencies,

more than 600 government employees who do not have official civil service tenure status remained on the government payroll.

The failure of the interim government to investigate job descriptions, productivity issues, work assignments and actual government needs since the direct rule takeover by Britain in August 2009 is said to have added significantly to the territory’s financial deficit.

In addition to civil servants with tenure, the previous internal government led by the Progressive National Party

Att or ne y s c ri tici se DE A o v er Jama ica e xtr ad itio n NEW YORK — Lawyers representing Jamaican Christopher ‘Dudus’ Coke, including well known attorney Steve Zissou, have criticized the Drug Enforcement Administration (DEA) for the manner in which it has been building cases.

In an article published in the New York Times on Monday, the attorneys charge that the DEA has a tendency to “manufacture jurisdiction” in cases in which it would not otherwise exist and pursue people unfairly.

Coke’s case and the initial refusal of the Jamaican government to extradite the fugitive have been cited as one instance of the DEA stepping out of bounds.

“It’s no longer the Southern District of New York,” Zissou said, “It should be the Southern District of the World.”

Another attorney, Melinda Sarafa, who is a lawyer for a Lebanese man brought from Honduras in a 2009 narco-terrorism case, was also perturbed.

(PNP) used the mechanism of discretionary hiring through the offices of permanent secretaries to swell the ranks of government employees..

Based on figures now available that provide the present breakdown of government workers, there are almost 1,660 civil servants with tenure. Some 618 more remain on the payroll but received their employment without approval of the Public Service Commission. There are also 140 employees who are known as ‘contract officers”.

Explore the mysterious underwater world of the Dominican Republic SANTO DOMINGO, Dominican Republic — Discover the endless underwater world of the Dominican Republic, a diver’s paradise with nearly 1,000 miles of breathtaking coastline that features colourful marine life and intriguing shipwrecks from when pirates sailed the Caribbean.

Located roughly 800 miles south of Miami, the Dominican Republic boasts numerous sea grass beds, vibrant coral reefs, mysterious underwater caves and some of the region’s rarest sea creatures. Simply put, divers should expect the unexpected.

“We are a top-notch diving destination amid turquoise waters so clear and blue one has to see to believe. The DR offers diverse marine life, excellent certified diving schools and accessible dive sites along our amazing coasts,” said Magaly Toribio, Dominican Republic Ministry of Tourism vice minister of international promotion. “The DR has it all with developed tourist areas boasting world-class hotels and more off-the-beatenpath options for adventurous, independent divers.”

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

CARIBBEAN NEWS

11

Haiti postpones results of presidential election

By TRENTON DANIEL PORT-AU-PRINCE, Haiti - Haitians will have to wait at least a few more days to learn the preliminary results of their presidential election because of alleged irregularities and fraud uncovered at the vote-counting center, officials said Tuesday.

While not disclosing specifics, Gaillot Dorsinvil, the president of the Haiti’s Provisional Electoral Council, issued a brief statement saying officials found a “high level” of fraud and irregularities of various kinds at the tabulation center in the capital, Port-au-Prince.

Dorsinvil said the discovery has prompted lawyers to adopt “more stringent verification measures,” causing a delay in counting. He did not describe the alleged problems.

The preliminary results are now expected to be released Monday, according to Dorsinvil. They were

Haitian workers demolish part of the damaged Presidential Palace on March 19, in Port-au-Prince. The announcement of Haiti's provisional presidential election results has been delayed by four days and will now take place on Monday, the electoral commission said.

Photo/Hector Retamal expected to be released Thursday.

International monitors, who are observing the counting process, praised Haiti’s March 20 presidential runoff, saying it was in sharp contrast to the Nov. 28 first round that was marred by disorganization and allegations of widespread fraud.

Voters chose between Michel “Sweet Micky” Martelly, a popular musician who has never held public office, and Mirlande Manigat, a former first lady and senator and longtime fixture on the political scene.

Haitians are eagerly awaiting the announcement of the winner of

this month’s runoff vote after last year’s first round was delayed because of the chaos and massive irregularities.

The announcement of preliminary results from the disputed first round sparked nearly three days of rioting that shut down the capital. The Organization

Hugo Chavez, journalism award-winner in Argentina BUENOS AIRES, Argentina Hugo Chavez is getting a journalism award in Argentina.

The Venezuelan leader regularly threatens opposition media, but the University of La Plata is giving him an award for what it describes as his work giving people without a voice access to the airwaves and newspapers.

Chavez’s government has bankrolled the growth of the Telesur

network, providing a state-funded alternative to privately financed broadcast stations across Latin America.

He met Tuesday with his ally President Cristina Fernandez.

She is trying to transform Argentina’s communications industry through a law that would break up media monopolies and force cable TV providers to include channels run by unions, Indians and activist groups.

Venezuela's President Hugo Chavez

Arrest in French Caribbean airplane cash heist PHILIPSBURG, St. Maarten - A man suspected of stealing thousands of dollars (euros) from the cargo hold of a plane in flight has been arrested in Dutch St. Maarten and extradited to a

nearby French island to face charges, a prosecutor said Tuesday.

The suspect, a 48year-old French citizen, was arrested outside a hotel without incident, and police allegedly found e u r o 1 0 , 0 0 0 (US$14,0000) from the

theft in his car, Prosecutor Bart den Hartigh said. The suspect’s name was not released.

He is accused of breaking into the cargo hold of an Air Antilles Express plane this month on a flight from the French island of Guadeloupe to St.

Maarten. He allegedly removed wall panels in the bathroom to get at the cash shipment. He allegedly took more than euro170,000 ($230,000).

The suspect has been sent to Guadeloupe to face charges.

of American States eventually determined those results were flawed and Haiti’s Provisional Electoral Council dropped the government-backed candidate from the runoff.

Final results are due April 16.

The election comes as Haiti struggles to recover from a cataclysmic earthquake in January 2010 that claimed more than 300,000 lives and caused billions of dollars in damage. The successor of outgoing President Rene Preval will be in charge of a multibillion-dollar reconstruction effort, along with stemming a deadly cholera outbreak that surfaced in

October.

In an effort to avoid the problems that plagued the first round, elections observers are helping oversee the counting at the voting tabulation center.

A campaign worker for Manigat wasn’t surprised about the delay but held out hopes that poll workers and election observers were doing their best to keep a clean vote.

“The CEP is doing everything it can to correct irregularities,” said Smith Joseph, the Manigat campaign worker. “We are waiting to see what’s going on.”

A campaign worker for Martelly’s campaign declined to comment.

‘Baby Doc’ Duvalier lea ve s h osp ita l in Hai ti PORT-AU-PRINCE, Haiti - Former Haitian dictator Jean-Claude Duvalier was discharged Tuesday from a hospital in the country’s capital where he was examined and treated for chest pains.

Duvalier, known as “Baby Doc,” shuffled unsteadily out the back door of the Canape Vert Hospital in a dark blue suit, shaking hands and waving at several dozen cheering supporters, mostly older men who served in the military or government under the former “president for life.”

“Since Jean-Claude Duvalier left the country has lost its values,” said Wilson Alba, 58, who saluted Duvalier as police officers escorted him to a waiting car.

The 59-year-old ex-dictator was admitted to the hospital Wednesday after complaining of chest pains. Family friends and associates have declined to discuss details of his health condition.

“They ran all sorts of tests yesterday and he’s OK,” said family friend Enzo Alcindor.

Duvalier returned under police escort to his villa in the hills above the Haitian capital where he is under house arrest. He is under investigation on criminal charges that include corruption and human rights abuses during his 1971-1986 rule.

The former dictator made a surprise return to Haiti in January 25 years after he was forced into exile in a popular uprising against a regime widely considered brutal and corrupt. Like his despotic father, Francois “Papa Doc,” Duvalier used the dreaded Tonton Macoutes, a private militia, to reinforce his rule.

On Monday, Haitian officials told the InterAmerican Commission on Human Rights in Washington, D.C., that they needed help in prosecuting Duvalier for alleged rights abuses during his time in office. At least 16 cases have been filed against Duvalier since he returned from exile, a former justice minister told the commission.

Among those to file complaints was Michele Montas, a former journalist and ex-spokeswoman for the United Nations who was jailed under the Duvalier regime and then expelled.

New American

The

12 14

CHALLENGE THURSDAY, DAILYDAILY CHALLENGE THURSDAY, MARCH MARCH 31, 2011 31, 2011

Trina aims for ‘fun and energetic’ with new EP

One Thought - One Humanity

For the conclusions of these stories check out the March 31st - April 6th, 2011 issue of The New American, which hits newsstands every Thursday Beyonce is all grown up. After a professional lifetime together, the superstar and her father, Matthew Knowles, have parted ways, with Matthew no longer managing the “Halo” singer.”I’ve only parted ways with my father on a business level,” Beyonce tells UsMagazine.com in an exclusive statement.

“He is my father for life and I love my dad dearly. I am grateful for everything he has taught me. I grew up watching both he and my mother [Tina Knowles] manage and own their own businesses. They were hard-working entrepreneurs and I will continue to follow in their footsteps.” As for who will now manage the superstar, who plans to release a new album (a follow-up to her smash I Am . . .

Sasha Fierce) later this year? “Beyonce has the knowledge and experience to make that decision and no final decision has been made yet,” Matthew says.

Lil Jon used his winnings from a recent victory on the hit TV show “Celebrity Apprentice” to benefit a local children’s homier Decatur, Georgia. Lil Jon, who has starred in and directed numerous videos, lead his team to victory, while communication between the women’s team, predictably, broke down.

As a result of his win, Donald Trump praised Lil Jon’s leadership skills, which earned United Methodist Children’s Home in Decatur $40,000.

Belting out her some of her smash hits in front of an all-ages audience, Janet Jackson crossed generational lines while performing at the Borgata Hotel Casino & Spa in Atlantic City, New Jersey on March 26. The pop diva captivated the

crowd In true Jackson style with her short slicked back hair, skintight charcoal-colored leather jumpsuit and matching knee-high boots. During the past few days, the 44-yearold was able to sell-out both of her Atlantic City shows, giving the audiences something to sing along to with smash singles like “Nasty,” “All for You,” “Escapade,” and “Miss You Much.” Miss Jackon’s Borgota concert stop was part of her current “Number Ones: Up Close and Personal” tour, which is meant to help Janet reconnect with her audience.

Cash Money empresario Birdman is hardly a stranger to dropping large sums of cash at a single time.

Now, the former Big Tymer is making headlines for a recent spending spree at New York’s Club Perfection.

According to Rap Radar, Birdman supposedly dropped $50,000 at the popular Queens strip club while on the Young Money/Cash Moeny I Am Music 2 tour.

Angie Stone -famous for songs like “No More Rain” -- was arrested in Georgia yesterday ... TMZ has learned ... after the R&B singer was allegedly caught speeding on a suspended license. Angie was booked on both the speeding charge and the suspended license charge last night -- and released an hour later.

Jay-Z has finally reached a settlement with David “Big Papi” Ortiz over the baseball star’s use of the name 40/40 Club. When Ortiz attempted to open a club named “FortyForty” in the Dominican Republic, Jay-Z slapped the Red Sox star with a $5 million dollar lawsuit. Earlier in this month, lawyers

for Ortiz claimed that Jay-Z wanted too much to settle the case, leading many to believe the matter would have to be settled by a judge.

“The case has been settled in principle,” JayZ’s attorney Peter Raymond said. “We have agreed on the outlines of a settlement and need to reduce it to writing.”

On Twitter, Rihanna re-tweeted a fan’s announcement that her Minneapolis show was sold out. Unfortunately, the venue’s ticket website still shows plenty of remaining available seats. Rihanna’s fan “@StarsGoneMad” originally wrote: “@Rihanna’s Minneapolis show sold out in exactly 68 minutes.

Now that’s what’s up!!!!” to which she responded “Minneapolis STAND UP!! #werk” Another wrote, “Wanted to see @rihanna in concert but the tickets were sold out in a hour in Minneapolis. #SADFACE” However, if you go to the Target Center’s website, her June 16 show with Cee-Lo still has openings for audience members. It’s okay, RiRi, plenty of people make mistakes, but maybe you should ask your management before taking the word of a crazed groupie?

Harlem rapper and Cam’ron protege, Vado, has official inked a deal with Interscope Records, where he’ll be dropping his major label, solo debut. Cam revealed the news of his protégé’s deal during a radio appearance on Angie Martinez’s Hot 97 show on Monday (March 28), clarifying that he’s happy Vado can branch out on his own. “[Vado] just signed a deal with Interscope,” Cam announced on air.

“Shout out to DJ and Jimmy Iovine at Interscope; we appreciate that.”

By RAHMAN DUKES

wanted to do something that was fun and energetic. It’s the summer.

It’s, like, the mini-CD to my new album. And I just wanted to have fun.”

Taking a page out of Kanye West’s notebook, Trina still insists that diamonds are a girl’s best friend.

While fans wait for the Miami starlet Join ts to Che ck For to unveil her sixth untitled studio » “Diamonds Are Forever”: On the album later this year, the Slip-N- title track, Trina makes it clear she Slide flagship artist is feeding her expects to be treated like nothing heavily dedicated fanbase with a 12- less than royalty. After more than a track EP of all new original materi- decade in the game and millions of al. A few weeks back, Miss MIA records sold, the female MC shows dropped the Rick Ross collabo she hasn’t missed a beat.

“Waist So Skinny,” providing a » “Waist So Skinny,” featuring glimpse of what was to come on Dia- Rick Ross: Trina reunites with the monds. To give her Diamonds Are Dade County bawse on the bouncy Forever mixture the official stamp track reminiscent of their previous of approval, Trina had this to say: work together. “Waist So Skinny” “The concept of the mixtape is was the initial track to leak off Diajust a new direction of music,” Trina monds featuring the onetime labelsaid over the phone from the Sun- mates. “See, I’m a boss bitch/ I stunt shine State. “It’s really fun and ener- first class/ I got insurance/ See, I getic, a different drive. I tried differ- don’t f--- with hoes, because they ent types of music. I worked with a sideways/ I get this money by myself bunch of different artists, different 99 ways.” producers, different sounds. I just - Full Story In This Week’s New American Newspaper -

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14

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

enTerTainmenT

Ciara on her Naughty by Nature readies comeback album ‘Anthem Inc’ rocky career and future plans Twenty years after breaking into the mainstream with their self-titled debut album, hip-hop group Naughty by Nature will celebrate their two decade milestone by releasing their forthcoming album, “Anthem Inc,” this May. “With ‘Anthem Inc’ we will be doing some re-recordings as well as some brand new music,” group member Vin Rock tells billboard.com about what fans can expect on the new set. “You’ll be able to get some of Naughty ‘then’ and some of Naughty ‘now.’”

“Anthem Inc” comes nine years after Naughty by Nature’s last album, “IIcons,” and frontman Treach says there’s a logical reason for the delay. “It was politics,” he says flatly, “We weren’t planning on releasing an album until we had the right deal. We found out the right deal would only be

for us to go independent which we are.”

Naughty recently released a promo single from “Anthem Inc” titled “Flags,” which they recently performed on the David Letterman show. The group also premiered two versions of an accompanying music video, one titled “Life Cut” and the other “Death Cut;” the former features an appearance

by Ice T. With their comeback album, Naughty hopes to deliver music with a message and give those that may not be as familiar with them a fresh introduction. “One thing we think is missing in the game now is that artists are just out there rhyming.

There’s no more content to records,” says Vin Rock.

“Our whole thing is we’ve been seeing the game change like every five years for the past twenty years,” adds Treach. “Even though

when we were pushed to the side and seen as an older group and like our time was up, we changed the game and did other things. When you lay certain blueprints, it’s like you never lose that sheet. You can always go back there and re-establish

yourself, re-invent yourself.

We’ve never been afraid to do either.”

Naughty by Nature is currently on tour with Salt-nPepa on their “Legends of Hip-Hop” tour, alongside Doug E. Fresh, Kurtis Blow and Kool Moe Dee.

Nicki Minaj’s alter ego talks ‘X Factor,’ Simon Cowell

By JAYSON RODRIGUEZ Ciara has been a bit lowkey lately after her “Basic Instinct,” album turned out not to be the “comeback” she was hoping for. In fact it only sold around 37,000 copies.

She even asked her label to release her from her contract and isn’t too happy about her career overall we hear. But she shared her thoughts about the future with Yahoo Australia: “Right now, I am in the process of letting things fall how they are supposed to. It may sound crazy to you, but I have never really managed to take time for me and to enjoy my life and enjoy the benefits I have been blessed with,” says Ciara. “I want to look back five years from now and be happy. I have set up the proper building blocks for my business to run on, even if I don’t want to perform. I am working hard on every aspect of my career, from who I am as a performer to making music, TV and films. From my perspective, my goal is to do more than just perform - to use the platform I have been given to turn it into something more, to do something different.”

Nicki Minaj’s alter ego Martha is pretty protective.

And also pretty flirty.

When the Pink Friday star was asked about the talks between her and Simon Cowell regarding “X Factor,” Nicki relented as Martha took over and revealed her love for the former “American Idol” judge.

“I can’t talk about that, but I love Simon very dearly,” the Lil Wayne protégé

answered in a British accent.

“He’s such an amazing man.

I had the pleasure of meeting him and my life will never be the same, darling. I told him that. I was absolutely in love with him prior to meeting him. And now that I’ve met him, it’s like I dream about him every night.”

Cowell, for his part, seemed equally smitten with the hip-hop star. In an interview with XXL, the music mogul raved about the Young Money MC. He wouldn’t confirm whether he talked to the rapper about being a judge on the show,

but he said they spoke about various business opportunities.

“We spoke to Nicki actually about a lot of projects,” he said. “It wasn’t specifically about this, but we were just very interested to meet her.

I’m a big fan of hers. So I don’t know if it’s gonna be this show or something in the future, but it was definitely somebody I wanted to meet.”

“I know the show is gonna be dope ‘cause Simon is dope,” Nicki said, back in her own voice. “And I wish them luck.”

J. Cole to join Rihanna on tour LOS ANGELES — Recording artist J. Cole is to join Rihanna and Cee Lo Green on their upcoming North American concert tour, Live Nation said.

The tour is to begin June 4 in Baltimore at the 1st Mariner Arena, with 28 dates confirmed and more to be announced soon.

Tickets for the Live Nationproduced tour are available at Ticketmaster.com and Live Nation.com.

“I’m excited to be heading out with Rihanna on the North American leg of her Loud Tour. I have a high respect for both RiRi and Cee

Lo, and I appreciate the opportunity to perform in front of an audience as large and diverse as theirs,” Cole said in a statement.

RIHANNA: ‘I LOVE TO BE TIED UP AND SPANKED’ Rihanna may have a lot of men literally knocking at her door after her recent sexual confession in Rolling Stone Magazine. The Barbadian superstar opened up about her sex life, revealing details about how she likes things in the bedroom.

“I think I’m a bit masochistic. I love feeling like I’m somebody’s girl,” she tells the

magazine. “I love to be tied up and spanked. I like to be whipped. And it’s funny that I care. But I prefer to be spontaneous.”

So how spontaneous is the 23-year-old?: “Using whips and chains is too planned.

You have to stop and look for the whip. I prefer them to use their hands.”

The world already got a taste of Rihanna’s spontaneity and sexual physic after naked photos leaked, while she was dating ex-boyfriend Chris Brown.

But the “Only Girl” hitmaker says her bedroom preferences are somewhat of an alle-

viant to her busy career.

“I like to take the reins in my life, but I enjoy being submissive in the bedroom,” she says. In there I can be a little lady and have a male who has responsibility for the situation. That’s sexy. In my normal life, I work hard and take a lot of executive decisions every day, so I prefer to feel the intimacy of someone like the girl.”

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

15

NEW JERSEY

N.J. battle intensifies over funding for themed charter schools A S T E BRUNSWICK - One of the state’s newest public schools holds class in a leased School Sunday building in East B r u n s w i c k .

Classrooms are furnished with brightly colored carpets, and the walls are decorated with letters of the alphabet.

But this elementary school is different from most: While the English alphabet stretches across one side of a first-grade classroom, the Hebrew alphabet is on the other.

H a t i k v a h International Academy is one of 73 charter schools in New Jersey, a number that will increase to about 100 in September as Gov. Chris Christie seizes on the independent and publicly funded schools as a key tool in education reform.

Billed as a way to improve student achievement by offering school choice, charter schools are perhaps best known as an option in failing urban dis-

tricts. But the battles are also intensifying in suburban communities where charters focused on areas such as foreign languages or the environment are opening their doors.

Supporters say the charters provide a valuable option to one-sizefits-all education. But critics from Highland Park to Princeton question why public dollars should fund them and whether they belong in well-performing districts.

Rebecca Cox, president of the Princeton Regional Schools Board of Education, said her board has opposed charter schools for years. Board officials wrote letters to the state commissioner of education opposing them, testified before the Legislature against them, and even attended a nearby town zoning board meeting, prepared to oppose the location of a charter school that would also serve Princeton students.

Cox, earlier this year, urged the Assembly Education Committee to oppose

“expensive boutique charter schools.”

“There is a big difference between establishing a charter because students are failing, and establishing one because Hebrew, Mandarin or extensive recycling isn’t part of every grade’s curriculum,” she said.

FUNDING The big issue is money. Charter school students receive 90 percent of the per-pupil funding that goes to public schools. Cox said that means Princeton must send $4.7 million to the Princeton Charter School next year, plus $256,000 to the new Princeton International Academy Charter School.

Hatikvah is controversial in its home district, too.

East Brunswick appealed the school’s approval, charging it did not enroll enough East Brunswick students.

East Brunswick Deputy Superintendent Evelyn Ogden said the appeal is still pending.

Dan Gerstein, a spokeman for Hatikvah and the nonprofit Hebrew Charter School

Center, said the best reason to support charters is “because there’s a demand.”

“There’s a central part of the charter school model that some people don’t appreciate.

They see charter schools as alternatives to bad public schools in inner cities,” he said.

“The charter school model was there to spur innovation in public education.”

Among charter schools operating, or about to open, in New Jersey: • Hatikvah International Academy, the state’s first duallanguage Hebrew academy, opened in September in East Brunswick. More than 100 children attend.

• Shalom Academy Charter School was approved to provide an “academically rigorous Hebrew language immersion program” in Englewood and Teaneck.

• Princeton International Academy Charter School, a Mandarin Chinese dual language immersion school, is due to open in the fall for 170 students

from Princeton, West Windsor-Plainsboro and South Brunswick.

• Ridge and Valley Charter School.

Founded a decade ago in Blairstown, it promotes project-based learning, using the outdoors to teach principles of math and other lessons.

New Jersey opened its first charter schools in 1997. Nationally, the number of charters increased 6.2 percent in 2009-10, to 4,919, or 5.1 percent of all public schools, according to the National Alliance for Public Charter Schools.

Todd Ziebarth, vice president for state advocacy at the National Alliance, said that while environmental schools have existed for some time, he’s seen an increase in “themed” charters such as dual language schools.

Because the number of charters is rising in New Jersey, after being stagnant, he said the state may see more varied schools on the way.

“It is clear that different kids learn better in different environments,” he said.

At Hatikvah Academy, each class has two teachers - one speaks English and one Hebrew. Students take a Hebrew class daily and learn about world and Israeli culture - but not Judaism or any religion, said director Naomi Drewitz.

The school is a mix of students.

Boys in yarmulkes sit near African-American girls in braids. Some children have Asian or Indian backgrounds.

“We are not a school for one type of child,” Drewitz said. She said Judaism is “absolutely not” taught: “We are not allowed. We are a public school.”

Hatikvah’s parentteacher organization president, Whitney Rockwell, is a Mormon who at first dismissed it as “a Jewish school.”

But she now sends her daughter Ashleigh, 8, and son Matthew, 6, there.

“At holiday time, they talked about Hanukkah, Kwanzaa, Diwali and Christmas.

It’s such a diverse group of kids who go there,” she said. “I love the school.”

Trenton police officers are entitled to back pay for reporting early to work, N.J. Supreme Court rules

By LISA CORYELL TRENTON - The state’s highest court has ruled in favor of Trenton police officers who say they are entitled to be paid for reporting to work early for nearly a year.

Tuesday’s’s 4-3 decision means that 160 to 170 officers will receive back pay ranging from $37 to $1,200 - about $900 a person, on average - depending on the number of times they reported early for duty under a policy created by then-police director Joseph Santiago in 2006.

The cost to the city is around $150,000 total, said George Dzurkoc, president of the Policemen’s Benevolent Association.

“This is a big win for

us,” Dzurkoc said. “It’s something we’ve been fighting for a long time. Joe Santiago made us show up 10 minutes early for work and didn’t pay us for it.”

Dzurkoc said there is “a large group” of officers who will receive between $1,000 and $1,200 in back pay.

City attorney Marc McKithen said the city is still reviewing the decision with labor counsel.

“This was a case that was started by a policy adopted by a previous administration,” McKithen said. “This administration has corrected that policy and we will do what is required of us by the court, which is to pay.”

The early-arrival edict, issued for patrol officers in 2006 and later expanded to include criminal investigators working the night shift, is no longer

in place. But the employees who abided by it for nearly a year have argued for years that the city owes them for the time they were required to show up early for duty.

“There are laws against involuntary servitude,” said retired Capt. Joe Valdora, former president of the Superior Officers Union. “It’s a shame it’s taken so long to get through this but the workers prevailed. I’m glad the people who came to work will get paid for it.”

The conflict began in February 2006 when Santiago issued a memorandum ordering patrol officers to arrive at work 10 minutes prior to the start of their shifts. Roll calls had become lengthy affairs and the earlier start time was designed to get officers out on the streets earlier in their shifts. Any officer

arriving later than 10 minutes before his or her start time would be considered late for duty. A month later the edict was expanded to include Criminal Investigation Bureau detectives assigned to the evening shift.

No compensation was paid to the patrol officers or detectives for this early muster.

The PBA filed a grievance with the New Jersey Public Employment Relations Commission and the matter was heard by a PERC arbitrator who ruled that the police were entitled to be paid for their time.

In finding in favor of the PBA, the arbitrator cited a section of the PBA contract specifically prohibiting overtime pay for officers required to report earlier than 10 minutes before their shifts or stay longer than 10 minutes after their

shifts.

The absence of contract language dictating that officers would not be compensated for working fewer than 10 minutes before or after their shifts meant they would get regular pay for that time, the arbitrator ruled.

The city appealed the ruling to a Law Division judge, who overturned the arbitrator’s decision. The judge agreed with the city in ruling that straight time, by contractual definition, ends at the conclusion of a shift. Therefore, any time after that “must be and can only be overtime,” the judge ruled.

By prohibiting the only pay applicable to the extra 10 minutes, the contract dictated that the police were not entitled to any compensation for the additional time, the judge ruled.

The PBA appealed that decision and in

Feb. 2010 an appellate panel overturned the lower court decision.

The panel did not focus on the legal arguments of the case but rather on whether the lower court found sufficient evidence to overturn the arbitrator’s opinion.

In its ruling yesterday the Supreme Court found the arbitrator’s interpretation of the contract was reasonably debatable.

“To be sure, the arbitrator’s interpretation was not the only one that could have flowed from the Agreement and may not even have been the best one,” the court ruled. “It did not need to be. All that was required was that the arbitrator’s conclusions be reasonably debatable.

Because they were, we affirm the Appellate Division and remand the matter to the trial court for confirmation of the award.”

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

16

healTh Forum

More evidence ties cholesterol drug, diabetes

By AMY NORTON People on a high-dose regimen of the cholesterol drug Lipitor may have a slightly increased risk of developing type 2 diabetes — particularly if they have several of the classic diabetes risk factors, a study published Monday finds.

A number of studies have linked Lipitor (known generically as atorvastatin) and other cholesterol-lowering statin drugs to a small increase in users’ risk of diabetes.

This latest study, based on data from three large clinical trials, strengthens evidence of a connection.

But it also suggests that the risk may largely exist among people who also have the well-known risk factors for type 2 diabetes — including excess weight, high blood sugar, elevated triglycerides (a type of blood fat) and high blood pressure.

Those four factors appear

“very good at distinguishing people at high or low risk for developing new-onset diabetes atorvastatin,” lead with researcher Dr. David D. Waters, of the University of California at San Francisco, told Reuters Health in an email.

So managing those risk factors — by shedding excess pounds, for example — would be important for curbing any extra diabetes risk, Waters said.

He also stressed that the diabetes risk tied to statins is small.

“An important point,” Waters said, “is that the risk of developing new-onset diabetes and its complications (is) greatly outweighed by the benefit of statins in reducing cardiac death, heart attack and stroke.”

The findings, published in the Journal of the American College of Cardiology, are based on data from three clinical trials comparing highdose atorvastatin (80 milligrams) with either a lower

dose statin or placebo pills in people with cardiovascular disease.

In the trial with the placebo group, the study found, atorvastatin users had a higher risk of developing type 2 diabetes over 5 years. Just under 9 percent did, versus 6 percent of the placebo group.

That trial included 3,800 adults who were diabetes-free at the outset; all had a history of stroke or “mini” strokes known as transient ischemic attacks.

When Waters and his colleagues accounted for a number of other factors — like age, weight and smoking habits — atorvastatin use was linked to a 37 percent increase in the odds of developing diabetes, versus the placebo.

But a closer look showed that the extra risk appeared limited to patients with at least two of the “big-four” risk factors for diabetes.

Of patients with all four risk factors, nearly half of atorvastatin users — 26 of 56

— developed diabetes, versus just over 20 percent of the placebo group (11 of 52 participants).

Waters’ team found no strong connection between high-dose atorvastatin and diabetes risk in the other two trials.

In one, researchers compared 80 mg of atorvastatin against 20 mg of simvastatin (Zocor) in nearly 7,500 heart attack sufferers who were free of diabetes. Over 5 years, 6.4 percent of atorvastatin users developed diabetes, as did 5.6 percent of simvastatin users.

The third trial compared high-dose atorvastatin against a 10 mg dose of the drug in people with stable heart disease. Of the 7,600 who were free of diabetes to start, 9 percent in the highdose group and 8 percent in the low-dose group developed diabetes over 5 years.

Statins are not the only drugs that have been linked to diabetes risk. Certain high blood pressure treatments (beta-blockers and thiazide

diuretics), niacin (sometimes used to lower cholesterol and triglycerides) and glucocorticoids are among the others.

In most of those cases, the reason for the risk appears to be the drugs’ effect on the body’s ability to control blood sugar.

In contrast, it’s not yet clear why statins would contribute to diabetes, Waters said.

He and his colleagues suggest that doctors might want to carefully monitor atorvastatin users for diabetes. But, they write, the benefits of the drug “clearly outweigh” the risks for people with heart disease or a history of stroke.

People without heart disease or prior stroke may be able to first try diet changes and exercise alone for lowering their cholesterol.

Waters and other researchers on the study have financial ties to Lipitor-maker Pfizer Inc. as well as other drug companies. Three coresearchers are Pfizer employees.

Rising reports of bad reactions to drugs

By ALISON MCCOOK Official reports of negative reactions to prescription drugs have increased dramatically over the last decade, according to a new study.

In a U.S. Food and Drug Administration (FDA) database launched in 1969, researchers found that over half the reports of “adverse events” suspected to be caused by a particular drug or device date from just the past 10 years.

The FDA currently receives about half-a-million such reports of health problems, and even deaths, associated with medical products each year. In 2000, they came in at a rate of nearly five for every 10,000 office visits in which at least one prescription was written. By 2005, that rate had risen to nearly seven per 10,000 visits, according to the new analysis published in the Archives of Internal Medicine.

Between 2000 and 2010, the number of reports coming in grew steadily by more than 11 percent every year. By 2010, they added up to 2.2 million reports — 55 percent of the entire database total.

Study author Dr. Sheila Weiss-Smith of the University of Maryland in Baltimore cau-

tioned that the number of reports does not equal the true number of negative reactions to drugs.

Manufacturers are required to report to the FDA any health problem they suspect stems from one of their products, but for doctors, patients, lawyers, and anyone else who reports these reactions, it’s entirely voluntary, she told Reuters Health.

It’s hard to estimate how many negative reactions to drugs actually occur, WeissSmith noted. Some experts suggest official reports represent one-tenth of the number of actual negative reactions, but she said she doesn’t trust that figure. “We just don’t know. We don’t know what percentage of events actually gets reported.”

She added that it’s also difficult to determine why the reports are increasing. The elderly now make up a larger percentage of the population, and they may be more likely to react negatively to drugs, she speculated.

More people are taking drugs, and for longer times, which increases the potential for bad reactions, and negative interactions between drugs, she said.

Often, the number of reports will increase for a particular drug after news arti-

cles appear that say it has problems - for instance, the pain reliever Vioxx, which was removed from the market in 2004. “It’s amazing how publicity spurs reporting,” she said.

Weiss-Smith and her collaborators reviewed all official reports of negative reactions to brand-name drugs submitted between 2000 and 2009.

During that period, the FDA received 2.2 million entries to its Adverse Event Reporting System (AERS).

Among reports that included information about what happened to the patient, more than 40 percent were hospitalized and 15 percent died.

Some of the drugs most fre-

quently tied to negative reactions were in a new class known as recombinant DNA products, including some treatments for autoimmune diseases such as rheumatoid arthritis and Crohn’s disease.

By acting on the immune system, these drugs leave people at greater risk of infections.

Other drugs that topped the list were a diabetes treatment (Byetta), one for osteoporosis (Forteo), as well as a birth-control patch (Ortho Evra).

Negative reactions can occur from a variety of drugs, and patients need to take steps to protect themselves, Weiss-Smith urged. “Drugs are chemicals. And you’re

putting something in your body. You need to know what it is.” She recommended that everyone tell their doctors what they are taking, and try to go to one pharmacy, “so someone can keep track of all the different things,” preventing negative interactions.

If you keep adding drugs to your daily routine, talk to your doctor about whether you can cut back on others, so that you are only taking the minimum necessary amount, she said. Read all the material that comes with medicines, and tell someone immediately if you start to feel unwell. “If something doesn’t feel right, talk to your doctor, talk to your pharmacist.”

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

17

healTh Forum

Nerve block treatment may ease stubborn high blood pressure

By MAUREEN SALAMON A technique that interrupts nerve signals between the kidneys and brain dropped blood pressure to normal levels in 39 percent of patients with drug-resistant hypertension, according to a small new study led by French researchers.

At 24 international sites, 106 patients with uncontrolled high blood pressure (hypertension) randomly received either oral medication or renal denervation treatment, a procedure that uses a catheter-based probe emitting high-frequency energy near the renal artery to deactivate nearby nerves.

It was the first human randomized trial of its type, with U.S. experts hailing the results as exciting and “visionary.”

Six months later, the patients who received the nerve block procedure had experienced an average systolic blood pressure drop of 32 mm Hg and a diastolic

blood pressure drop of 12 mm Hg, the study authors said.

Half of the nerve block patients showed a measurable benefit, and 39 percent reached recommended blood pressure levels, said study author Dr. Marc Sapoval, professor of clinical radiology and chair of the cardiovascular radiology department at Hopital Europeen Georges-Pompidou in Paris.

The procedure also appeared safe, with a low incidence of local complications, researchers reported.

Prior to the study, all the participants had had resistant essential hypertension, which means that a doctor could not figure out what was causing their high blood pressure (a systolic blood pressure of 160 mm Hg or more, or 150 mm Hg in people with type 2 diabetes) and that three or more drugs had failed to control the condition.

While encouraged by the results, Sapoval noted that the research was funded by manufacturers of the

catheters and generators used in the study, and that the study was small, cautioning that more and larger independent trials and patient follow-up should be done. According to background materials accompanying the study, the U.S. Food and Drug Administration is planning a trial of the procedure involving more than 100 U.S.-based interventional radiology teams.

Sapoval also stressed that the research is still experimental and that the procedure should only be done by interventional radiologists on carefully screened in controlled patients research and academic settings.

The research was scheduled to be presented Monday at the Society of Interventional Radiology’s 36th annual scientific meeting in Chicago.

“If the results are confirmed, it will be a frequent procedure,” Sapoval said. “If further trials show that patients with less severe hypertension can benefit

also, the number of patients will be huge.”

Why renal denervation works is not entirely clear, Sapoval said, but it appears to dampen overactivity of the sympathetic nervous system, which can trigger high blood pressure.

About 25 percent of American adults have high blood pressure, most of which has no known cause, said Dr. Kirk Garratt, clinical director of interventional cardiovascular research at Lenox Hill Hospital in New York City.

“If this technique works, I believe it will be used first in patients with very, very difficult blood pressure issues,” Garratt said. “Blood pressure trouble is extraordinarily common, and the cumulative cost measured by the cost of medications alone is very substantial. But . . . poor control drives up the cost of health care overall.”

Described as minimally invasive, renal denervation may be an outpatient procedure if it becomes commonplace, which could happen in

several years, Garratt said.

“It’s a very novel and advanced technique, but the technical aspect would be familiar and easily adopted,” he said.

Dr. Barry Cohen, medical director of the catheter laboratory at Gagnon Cardiovascular Institute at Morristown Memorial Hospital in New Jersey, called the study participants’ blood pressure reduction “really unbelievable,” and hopes the treatment could decrease the risk of cardiovascular and kidney problems arising from high blood pressure.

When promising research such as this is reported, “we think it’s a shoe that’s going to fit every foot, but we know we always have to be cautious and there may be some pitfalls. I think this is extremely visionary and . . groundbreaking,” Cohen said.

Because the study is to be presented at a medical meeting, it should be considered preliminary until it is published in a peer-reviewed medical journal.

Evidence ties smoking to throat, stomach cancer

By AMY NORTON Smokers face an increased risk of certain types of throat and stomach cancers, even years after they quit, a new study finds.

Combining the results of 33 past studies, Italian researchers found that current smokers were more than twice as likely as nonsmokers to develop cancer, either in their esophagus or in a part of the stomach called the gastric cardia.

In some of the studies, the risk of esophagus cancer remained high even when people had quit smoking three decades earlier.

The two cancers, both known as adenocarcinomas, are relatively uncommon in Western countries. Rates elsewhere are much higher, especially in less developed countries. But in recent decades, rates of the cancers have been rising in the U.S. and Europe — possibly related to growing rates of obesity.

Smoking has long been considered a risk factor for the two cancers.

But these latest findings offer a “better quantification” of the risks, said senior researcher Dr. Eva Negri, of

the “Mario Negri” Institute of Pharmacological Research in Milan.

What’s more, they suggest that the risks remain higher than average for some time after smokers quit.

“Stopping smoking is highly beneficial at any age, but it appears that for these cancers the risk decreases only slowly,” Negri told Reuters Health in an email.

For their study, published in the journal Epidemiology, Negri and her colleagues pooled the results of 33 previous studies. In most of them, researchers had compared a relatively small group of patients with either esophagus or gastric cardia tumors against a cancer-free group. In three studies, researchers had followed large groups of adults over time, charting any new cases of esophageal or gastric cardia cancers.

Overall, Negri’s team found, current smokers had more than double the odds of developing either of the cancers, compared to people who had never smoked.

And while that risk declined after people stopped smoking, it was still 62 percent higher in former smokers than in lifelong nonsmokers. In some studies,

the extra risk of esophagus cancer persisted up to 30 years after people had quit.

Since both esophageal and gastric cardia adenocarcinomas are fairly uncommon in the West, the absolute risks to any one smoker may be low.

According to the American Cancer Society, the average American has a one in 200 chance of developing any type of esophageal cancer over a lifetime, and a one in 114 risk of developing some form of stomach cancer.

By comparison, the odds of developing lung cancer are about one in 13 for men, and one in 16 for women — counting both smokers and non-smokers.

Smokers would be at much greater risk than lifelong non-smokers.

Lung cancer, heart disease and other ills are “numerically more important” than esophageal and gastric cardia cancers when it comes to the health consequences of smoking, Negri noted.

The types of studies that

were available for her team to analyze can’t prove that smoking causes adenocarcinoma of the esophagus or gastric cardia. To do that, researchers would have to purposely expose some people to years of tobacco smoke and see what happens to them over time - and ethical reasons make a study like that impossible.

Still, Negri and her colleagues say, the risks seen in the current study offer smokers one more reason to quit — and non-smokers one more reason to never start.

Praying for others seems to help anger fade Saying a prayer for another person may help people control their negative emotions after being insulted by a stranger, researchers report.

A series of studies found that after people were intentionally provoked into anger, asking them to pray for a person who needs extra help or support (a cancer patient, for example), helped calm them down.

The researchers also suggested that the method seemed to be effective even in people who weren’t particularly religious or regular

churchgoers. Nor did religious affiliation make a difference in the ability of prayer to calm people, although nearly all participants identified themselves as Christian, according to the report published online March 18 in the journal Personality and Social Psychology Bulletin.

“People often turn to prayer when they’re feeling negative emotions, including anger,” study co-author Brad Bushman, a professor of communication and psychology at Ohio State University, said in a university news release.

“We found that prayer really can help people cope with their anger, probably by helping them change how they view the events that angered them and helping them take it less personally.”

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

18

business & Technology

Roundtable: CEOs becoming more willing to hire

By SCOTT MALONE BOSTON — U.S. chief executives’ view of the economy brightened in the first quarter, with more than half now ready to add jobs — a critical step if the economy’s recovery is to gain steam.

The Business Roundtable’s quarterly CEO Economic Outlook survey found that 52 percent of CEOs plan to add staff in the United States over the next six months — the highest reading since the group began doing the survey

in late 2002.

The CEO outlook index also hit a record high.

“Our CEOs see momentum in the U.S. economy. We collectiveare expecting ly increased sales and as a result expect to do more investing and hiring over the next six months,” said Ivan Seidenberg, CEO of Verizon Communications Inc., who serves as the group’s chairman.

But he cautioned that many of the survey responses came in before the March 11 earthquake that set off Japan’s current nuclear

crisis, and noted that the after-effects of that event, as well as oil’s rise back over the psychologically important $100 per barrel mark, would weigh on corporate confidence.

“The question of how deep this goes throughout the economy is a different question. And there we still need a lot more information,” Seidenberg told reporters on a conference call.

CEOs’ changed views on hiring would be very good news for an economy that has struggled with high unemployment even since its last 18-month recession

officially ended in June 2009 and for the administration of U.S. President Barack Obama, who has faced criticism for his handling of the economy.

It is also in line with other recent data, including a Wednesday report from payrolls processor ADP, which showed that the U.S. private sector added 201,000 jobs in March.

That news helped boost U.S. stocks in early trading — continuing a rally that has seen the broad Standard & Poor’s 500 index rise 12 percent since the start of the

year.

A key factor driving CEOs’ increased confidence is sales growth, which 92 percent said they expected over the next six months. Sixtytwo percent of the 142 CEOs who responded to the survey said they planned to boost capital spending over the that period.

CEOs now look for U.S. real gross domestic product to rise 2.9 percent in 2011, up from their prior forecast of 2.5 percent growth.

The Roundtable’s quarterly CEO Economic Outlook index — which measures all

these variables — surged to 113, the highest in the nearly 10 years the group has been doing the poll.

Investors will get a more detailed read of America’s corporate economic outlook over the month, as big companies from Alcoa Inc. to General Electric Co. to JPMorgan Chase report on their firstquarter results.

The Roundtable, whose member companies collectively generate close to $6 trillion in annual revenue, conducted the survey between February 28 and March 18.

Banks, merchants debate debit card fee reduction

By SARAH N. LYNCH WASHINGTON — Opponents of a U.S. government crackdown on debit card processing fees called for delaying its implementation, with one top MasterCard executive equating the proposal with “creeping socialism.”

At a lively roundtable event sponsored

by PYMNTS.com, representatives of credit card companies and small banks duked it out with retail and consumer advocates who support pending rules that would greatly limit how much money banks can charge merchants for debit card transactions.

Banks and debit card networks like MasterCard Inc and Visa Inc are fighting against a proposal by the Federal Reserve that would cost them billions in revenue, by restricting them from charging more than 12 cents per debit transaction — a 75 percent decrease from the average amount charged in 2009.

Bank of America Corp, the largest U.S. bank, has said the cap could cost it as much as $2.3 billion in fee revenues annually. At the Fed’s proposed level, the cap would cost banks about $13 billion in revenue, said CardHub.com.

The debit “inter-

change” fee rules were in included in the DoddFrank Wall Street reform law at the initiative of Senator Richard Durbin, an Illinois Democrat. Opponents are hoping that legislation recently introduced by a bipartisan group of senators to slow down and study the issue will be enacted before the Fed finalizes its rules by April.

Banks and debit card networks say that cutting debit cards fees drastically will only force banks to charge more for other products. Chris McWilton, MasterCard’s president of U.S. markets, said some banks have already taken such steps to protect them-

selves ahead of the new reforms.

“In a free market system, businesses are going to do what they need to do to protect the economics that they built their business on.

That is the free enterprise system. It’s America. It’s apple pie,” said McWilton. “Creeping socialism is going in and saying we are going to set the price.”

The proposal targets primarily large banks like Bank of America Corp and Wells Fargo & Co, and exempts banks with less than $10 billion in assets. But smaller banks argue the exemptions will not work because there is nothing to stop card networks from forcing

them to comply with the fee limit.

“My bank is road kill,” said John Buhrmaster, the president of 1st National Bank of Scotia, of Scotia, New York.

McWilton and Buhrmaster both backed the recent call by a bipartisan group of senators to delay the Fed’s rules until a study can be completed.

But supporters of the Fed’s plan said the study is just another way to stall much-needed reforms.

“This is an area that has been studied frankly to death,” said Mallory Duncan, a senior vice president of the National Retail Federation. “At some point,

enough is enough.”

While large banks are primarily targeted by the rules, they have kept a fairly low profile on the public debate, leaving the credit card companies and smaller banks to do the day-today lobbying, despite the small-bank exemption.

That was supposed to change on Tuesday with a planned appearance by Pamela Joseph, who runs U.S. Bancorp’s payments unit. She would have been one of the first executives from a top U.S. bank to debate the debit card fee caps in Washington.

But when the panel began, it was announced she could not attend. Former

Bank of America employee Margaret Weichert, now a managing director with consultancy firm Market Platform Dynamics, sat in her place.

A U.S. Bancorp spokeswoman did not respond to inquiries about her absence. But McWilton said he had spoken with Joseph, who told him she could not make it because of a customer conference.

McWilton said that big banks are being vocal on the issue, but just not “in ways that are as visible to the press.”

“They have taken a black eye because of some of the things that went on in the creditcard industry,” he said.

Family Dollar sees higher-than-expected yearly profit CHICAGO — Family Dollar Stores Inc. sees higher-than-expected yearly profit after more shoppers flocked to its stores for low-priced holiday items and groceries and spent a little bit more on average.

Family Dollar sells most of its items for $10 or less and caters to consumers with household income of $40,000 and below.

The discount chain earned $123.2 million, or 98 cents per share, in the fiscal second quarter ended on February 26, up from

$112.2 million, or 81 cents per share, a year earlier.

Analysts, on average, were expecting it to earn 97 cents, according to Thomson Reuters I/B/E/S. Analysts had raised their expectations from 95 cents per share earlier this month, after Family Dollar suggested earnings would be 97 cents to 98 cents per share.

Family Dollar, which has more than 6,880 discount stores in 44 U.S. states, rebuffed a buyout offer

from Nelson Peltz’s Trian Group earlier this month, saying its $55 to $60 per share offer “substantially” undervalued the company.

Instead, Family Dollar is continuing to open more stores and renovate older ones as it tries to capture more of shoppers’ spending on basic items such as food. It plans to open about 300 new stores and shut some 80 to 100 doors this year.

Shares of Family Dollar rose 1.8 percent to $53.36 in premarket

trading on Wednesday.

Family Dollar forecast fiscal year earnings of $3.13 to $3.23 a share, while analysts were expecting earnings of $3.12. It expects sales to rise 8 to 10 percent this year.

For the current third quarter, Family Dollar forecast earnings of 92 cents to 97 cents per share, while analysts expect it to earn 94 cents per share.

The company expects sales at stores open at least a year, or same-store sales, to

rise 5 to 7 percent in both the current quarter and the fiscal year.

On March 14, Family Dollar said that second-quarter sales rose 8.3 percent to about $2.26 billion, with same-store sales up 5.1 percent.

More customers visited its stores, based on the number of transactions, and the average transaction increased modestly, the company said. Sales of consumables, which include basic household goods, and seasonal items were strongest.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

19

business & Technology

Tokyo Electric says $24 billion loans not enough

By TAIGA URANAKA TOKYO — Tokyo Electric Power warned on Wednesday that a $24 billion bank loan was not enough to keep it afloat and pay for Japan’s worst nuclear disaster, adding to expectations the government will step in to bail out the stricken company.

Asia’s largest utility, whose share price has crashed nearly 80 percent since the March 11 earthquake and tsunami that sparked the crisis, said its president had been hospitalized and Chairman Tsunehisa Katsumata will take D1021668

3/31

Notice is hereby given that an Order entered by the Civil Court, Kings County on 03/28/2011, bearing Index Number NC-000323-11/KI, a copy of which may be examined at the Office of the Clerk, located at 141 Livingston Street, Brooklyn, NY 11201, grants me (us) the right to: Assume the name of (First) Bernstene (Last) Smith. My present name is (First) Bernstene (Last) Smith FKA Rachel Bernice Randall aka Bernstene Randall. My present address is 70-72 Decatur Street, Brooklyn, NY 11216. My place of birth is Horry, SC. My date of birth is August 13, 1921.

D1021642

3/16, 23,30

ACTION FOR DIVORCE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. 54426/10 Index No. Purchased 8/17/10 SANDRA JEUDY Plaintiff Designates Kings Co as Place of Trial Plaintiff The basis of Venue is Plaintiff's Place of Domicile. SANDRA JEUDY Plaintiff against RANDY JEUDY, Defendant.

Plaintiff’’s Address: 1898 Albany Ave., Brooklyn, NY 11210. To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the State of New York, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

The nature of this action is to dissolve the marriage between the parties, on the Grounds of Cruel and Inhuman Treatment-DRL sec 170(1). The relief sought is absolute divorce in favor of the plaintiff dissolving the marriage between the parties in this action.

The nature of any ancillary relief demanded is: Plaintiff may use her maiden name, to wit: Souffrant. James I. Gelb, Esq. Attorney for Plaintiff 26 Court StreetSuite 1710 Brooklyn, New York 11242 718 858 8675

over his responsibilities.

The prime minister and other lawmakers have lambasted Tokyo Electric, known as TEPCO, for its handling of the disaster. The utility has sown anxiety among the public by giving confusing radiation readings as it raced against time to prevent reactors from overheating and many Japanese say they don’t trust what its officials say.

Katsumata told a news conference that TEPCO had not had time to estimate the financial impact of the disaster at its Fukushima nuclear plant but expected it to be “very severe.”

The company had secured 2 trillion yen ($24 billion) in loans from lenders led by Sumitomo Mitsui Financial Group, but that was not enough given fuel and other costs.

TEPCO would discuss with the government how to ensure it had adequate funding, he said, to get through a D1021646

3/17, 24,31; 4/7

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 0923661 Filed: 3/311.

SUPPLEMENTAL SUMMONS Plaintiff designates Kings County as the place of trial. Venue is based upon the County in which the mortgaged premises is situated. OneWest Bank FSB, Plaintiff, against Nathan Toyourchi, if living and if any be dead, any and all persons who are spouses, widows, grantees, mortgagees, lienors, heirs, devisees, distributees, or successors in interest of such of the above as may be dead, and their spouses, heir, devisees, distributees and successors in interest, all of whom and whose names and places of residence are unknown to Plaintiff, Mortgage Electronic Registration Systems, Inc., as nominee for INdyMac Bank, F.S.B., its successors and assigns, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, United States of America - Internal Revenue Service, New York State Department of Taxation and Finance, Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service (or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Com-

disaster that has caused radiation leaks, rolling power blackouts and the evacuation of tens of thousands of people.

“There are lots of discussion about nationalization, but I will do my best to ensure TEPCO remains as a private company,” Katsumata said.

“TEPCO will have to pay enormous reparations, counted in trillions of yen, so the government obviously has to do something about the firm,” said Norihiro Fujito, senior investment strategist at Mitsubishi UFJ Morgan Stanley Securities.

“But people wouldn’t let the government keep pouring tax money into this company when it’s like a bucket with holes in it.”

Although likened by some to the Gulf of Mexico oil spill that hammered oil company BP, TEPCO’s financial standing and rapid deterioration in its share price may present Japan’s government with a sysplaint.

NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Mortgage to secure $384,800.00 and interest, recorded in the office of the clerk of the County of Kings on March 7, 2006 in CRFN 2006000127420 covering premises known as 333 Linwood Street, Brooklyn, NY 11208. The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfY the debt secured by the Mortgage described above.

NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court. a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a pavroent to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: Bay Shore, New York March 16, 2010 By: Samuel.

Reichel, Esq. Frenkel, Lambert, Weiss, Weisman & Gordon, LLP Attorneys for Plaintiff 20 West Main Street Bay Shore, New York 11706 (631) 969-3100 Our File No.:01-033029-F00

temic problem more similar to the collapse of Lehman Brothers in 2008 and force it to act sooner to bolster the company than anticipated.

“It’s not just about the of nationalization TEPCO. You have to look at all the banks that are lending to the company, it’s obvious that investors are going to look at their situation with a huge dose of skepticism,” Fujito said.

Shares in TEPCO, which closed at their lowest level in nearly five decades on Tuesday, dropped another 17.7 percent to 466 yen on Wednesday and were later untraded after the company said President Masataka Shimizu had been taken to hospital for high blood pressure and dizziness.

Shimizu has not been seen in public since a March 13 press briefing, and speculation had swirled about his leadership. His chairman said he had shown no intention to resign and was expected to be back at work soon.

TEPCO has been roundly criticized for its preparedness and response to the disaster.

As the company struggled to communicate what was happening at the site, Prime Minister Naoto Kan reportedly demanded at one stage that company executives tell him: “What the hell is going on?”

Experts have also questioned why so much spent fuel was kept at the plant and whether officials ignored concerns raised about its vulnerability to such a natural disaster.

The president of the company and four other senior officials were forced to resign in 2002 to take responsibility for suspected falsification of safety records.

Some investors see worse to come for the company.

“We believe the stock could go to zero,” an executive at a hedge fund with $1 billion invested in Asia told Reuters on condition he wasn’t identified. His fund he said has been buying TEPCO debt

because “we think the Japanese government will guarantee or nationalize it.”

“What we have been doing is that we have been looking at senior secured debt. We have been buying basically.”

TEPCO has around $91 billion in debt, which excludes the latest loan but includes some $64 billion in bonds. The cost of insuring against default has jumped by as much 10 times since the quake, although that eased slightly after reports the government may step in to nationalize the company.

The spread on TEPCO’s domestic bonds stayed at 200 basis points, with no buyers or sellers, according to a Wednesday report in IFR, a Thomson Reuters publication.

TEPCO’s three-year CDS blew out to their widest level on record at 510 basis points (bps), meaning it costs $510,000 to insure $10 million of debt against default, IFR reported.

However, quotes on five-year protection narrowed significantly to a range of 380 bps to 420 bps from Monday’s 450 bps. Before the disaster, five-year protection cost about 40 bps.

A de-facto government guarantee on its debt that any nationalization would infer will shore up bondholder confidence, but by then shareholders may see their equity wiped out.

Compensation and rebuilding claims are expected to be substan-

tial. The government has evacuated 70,000 people from around the plant and is considering expanding that to include another 130,000 people.

The government has banned the sale of spinach from four prefectures around the plant and raw milk from the Fukushima prefecture.

TEPCO’s cashflow is also under pressure as it pays more for alternative fuels and struggles to rebuild generation capacity.

Nomura Holdings analyst Shigeki Matsumoto said this month that TEPCO will have pay more than $1 billion every month on oil and gas to make up for lost capacity. With reactors likely to be off line for a long time, that expense will mount.

It was inevitable TEPCO would have to scrap four of its six reactors at the Fukushima Daiichi plant, Chairman Katsumata told the news conference.

A government official told Reuters that TEPCO’s annual revenue of around 5 trillion yen and assets of 12 trillion yen would be enough to keep the company going.

But the prospect of a nationalization caused ripples with TEPCO shareholders.

Shares in TEPCO’s main bank, SMFG, which is also a large shareholder with a 2.7 percent holding, fell 1.8 percent as the benchmark Nikkei average rallied 2.6 percent.

legal noTice

GAMESNUMBERS

20

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

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Your Horoscope ARIES (Mar. 21- April 20) You may have a problem with coworkers if you try to tell them what to do. You will have to watch out for minor health problems related to stress. Be careful not to consume too many spicy foods, or minor health problems could put you out of commission for the day.

LIBRA (Sept. 24 -Oct. 23) You may find that you can be the recipient of valuable information if you're willing to be a good listener. You'll find it easy to charm members of the opposite sex today. You can learn from those who have had similar experiences.

TAURUS (Apr. 21- May 21) Don't start any arguments unless you're prepared to accept irrevocable results. You may want to make drastic changes concerning your personal partner. Relationships have not been the best for you lately and it's left you somewhat gun shy.

SCORPIO (Oct. 24 - Nov. 22) You'll find love and you'll get into tiptop shape at the same time. Electrical problems may be an issue. Don't allow colleagues to put unreasonable pressure on you.

GEMINI (May 22-June 21) Entertainment should include sports events or physical activities. Don't be too quick to let friends and relatives know what you're up to. Don't bother retaliating, just walk away.

SAGITTARIUS (Nov. 23 -Dec. 21) You need to get out and challenge yourself. Stand up and propose your ideas, and you'll be surprised how many people will follow you. Groups you belong to will not only enjoy your company, but they will also share your interests.

CANCER (June 22-July 22) Relationships have not been the best for you lately and it's left you somewhat gun shy. Avoid any hassles. Be sure to take care of the needs of your immediate loved ones first.

CAPRICORN (Dec 22.- Jan. 20) You should take good care of your health; get lots of rest. Generosity will put you in the poorhouse. Your moneymaking opportunities will flourish.

LEO (July 23-Aug 22) You need to pamper yourself for a change. You will get along well with your colleagues today. Travel will be favorable. You can gain knowledge from dealing with foreigners.

AQUARIUS (Jan. 21 -Feb. 19) Spend some time with people who can shed some light on your personal situation. It will do you some good. Take the time to do something nice for your friends and relatives.

VIRGO (Aug. 23 -Sept. 23) You can continue to make gains if you call a few people who can help you close an important deal. You will be up and down emotionally. Your involvement in sports or entertainment will lead to new romances.

PISCES (Feb. 20-Mar. 20) Be careful when using machinery or electrical equipment. This could be a difficult day to deal with coworkers. Try to spend time with those having similar interests.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

DAILY CHALLENGE

21

SPORTS

UConn much more than Kemba Walker

By JASON KING HOUSTON – With his team trailing Arizona late in Saturday’s West Regional final, the best player remaining in the NCAA tournament turned to his mentor during a timeout. “ C o a c h , ” Connecticut’s Kemba Walker said to Jim Calhoun, “we’ve got to get the ball to Jeremy.”

It truly was a telling moment: Walker, a Wooden Award candidate with a Final Four on his resume, deferring to the red-hot Jeremy Lamb, a freshman playing in his first NCAA tournament.

Sure enough, Lamb delivered by making two straight jump shots that gave Connecticut a lead and a momentum it would never relinquish in a 65-63 win.

After the game, Walker was all smiles as he talked about the trek that led the Huskies to the Final Four.

“It’s a special feeling,” Walker said, “but I didn’t do it by myself.”

Indeed, in the span of

just three weeks, Connecticut has gone from a team that finished ninth in the Big East to a squad that at times has looked unstoppable while winning nine games in 19 days.

Five of the victories came in the Big East tournament while the others occurred in the first four rounds of the Big Dance, where Calhoun’s squad takes on Kentucky in Saturday’s national semifinal at Reliant Stadium.

As well as Walker has played, the beauty of the last three weeks - and, perhaps, the reason for Connecticut’s success - is that they haven’t all been about the Kemba Show.

Walker is doing his part, sure. But now, finally, so is everyone else.

“These guys have gotten better every game, every practice,” said Calhoun, who is making his second Final Four appearance in three years. “I’ve never seen anything like it. When I’m tough on them, they come back every day begging for more.”

Even though Walker is averaging nearly 27 points in four NCAA tournament games, Connecticut’s reputation

as a one-man team has fallen by the wayside. All those people who once excused Walker for trying to take games into his own hands because he didn’t have any talent surrounding him have been proven wrong.

By freshmen, no less.

Lamb and Roscoe Smith are both starters, and Shabazz Napier plays 23.6 minutes per game off the bench.

Lamb is averaging 18.3 points during NCAA tournament play and Smith scored a careerhigh 17 points in the Huskies’ opening-round victory over Bucknell.

Napier is averaging 5.5 points over his last four games.

“He brings that little extra playmaking to a team,” Walker said of Napier. “There’s times when I’m not able to be on the ball the whole game because maybe I’m a little fatigued. Guys will want to pressure me and he gives me that extra edge.”

Calhoun has seen it, too.

“We’ve won 30 games,” he said.

“Shabazz has been sensational for us. He’s taken a lot of pressure off of Kemba this year and

allowed us to play him at positions other than the point.

Next year, Shabazz is going to mold into one of the top point guards in the country.”

Walker said the biggest difference in the Huskies’ supporting cast as of late has been confidence. And that doesn’t just include Napier, Smith and Lamb, but players such as forwards Alex Oriakhi and Charles Okwandu and guard Jamal CoombsMcDaniel, as well.

Still, the freshmen have been the biggest key, especially lately.

“I don’t think anybody could tell them anything right now,” Walker said. “They’re on top of the world. They’re playing great basketball, each and every one of them. We’re going to need these guys big time for us. They got us where we are now, so hopefully they can keep it up.”

The signing of Smith, Napier and Lamb didn’t create the same kind of buzz that existed in Kentucky after the Wildcats signed current freshmen Terrence Jones, Brandon Knight and Doron Lamb. Each of those three players

Freshman Jeremy Lamb is averaging 18.3 points during the NCAA tournament. was ranked among the get a school to the NCAA Top 25 prospects in the tournament’s second Class of 2010. week. But only a comConnecticut’s Smith plete, well-balanced unit was ranked No. 36 by can last long enough to Rivals.com. Lamb (No. get to the Final Four.

76) and Napier (No. 98) That’s not to say the barely cracked the top Kemba Show won’t roll 100. All of it makes the on this weekend in coaching job Calhoun Houston. The difference has done with this is that, if the Huskies bunch that much more win, Walker may not be impressive. the only player sumAs Calhoun well moned back onto the knows, a one-man team stage for a curtain call. may be good enough to

Aggies end 8-game skid against Baylor to earn first ever trip to Final Four DALLAS — When the NCAA brackets came out, Texas A&M coach Gary Blair knew his team would have to get past top-seeded Baylor to get to the Final Four for the first time.

Well, when it mattered most, the Aggies finally beat Baylor and All-American Brittney Griner.

After eight consecutive losses to its Big 12 rivals, including the previous three this season, Sydney Carter got Texas A&M off to a fast start and went on to score 22 points in a 58-

46 victory over the topseeded Lady Bears in the Dallas Regional final Tuesday night.

“This was a very special game,” Blair said.

“We didn’t ask to play Baylor, we asked to be recognized for what we accomplished during the year. They chose to put us in the same region. ... Both of us could have been in the Final Four, both of us should have been in the Final Four.”

Baylor and Griner, who played in the Final Four last year in the 6foot-8 center’s freshman season, will have to settle for the Big 12 regular season and tournament trophies the still-young Bears

(34-3) already won this season.

The Aggies (31-5) blew a nine-point lead midway through the second half in Waco last month.

They squandered a 12-0 start in the Big 12 championship game just more than three weeks ago, two days before the brackets were unveiled with the conference’s top two teams being the top two seeds in the same bracket.

This time, Blair’s team lead from start-tofinish after Carter had a 3-pointer, an assist and a jumper in the game’s first 2 minutes for a 7-0 lead. The Aggies were coming off a 41-point rout two

days earlier.

“Once we beat Georgia, the feeling began then,” Carter said. “There was definitely confidence, an all-around confidence going around the locker room before the game. ... We told ourselves this is our game.

We were going to come in confident and this was our game.”

Sydney Colson added 12 points for Texas A&M, including some important scores after two free throws by Griner had gotten Baylor within 48-41 with 41/2 minutes left.

Colson blew past Griner and missed, but was fouled and made both free throws. Right

after that, Colson had a steal and took it all the way for a layup and was fouled again. With the A&M bench going wild, and the stunned Baylor players sitting and staring ahead, Colson finished the three-point play to make it 53-41.

On the same day leading scorer Danielle Adams was named an All-American, she was only a complementary player for the Aggies with another subpar game against Baylor.

And that was plenty all right with the 6-foot-1 senior who had only six points — all after halftime.

“I was the happiest person in the world,”

Adams said.

“Six points? I mean my teammates had my back.”

As the final seconds ticked off the clock, Adams was bouncing around and screaming.

Then she got to help cut down the net.

Griner, coming off a 40-point game Sunday against WisconsinGreen Bay after scoring 30 the game before that, had 20 points and nine rebounds. But she struggled all night shooting, making only 6 of 18 from the field, including a missed dunk attempt. After making all 10 free throw attempts Sunday, she was 8 of 15 against the Aggies.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

22

SPORTS BRIEFS No bond for Packers’ Jolly after new drug charge

HOUSTON - A judge has denied bond for troubled Green Bay Packers defensive lineman Johnny Jolly after his latest arrest on a drug charge in Houston.

Jolly did not appear in court during a brief hearing on Wednesday. His next hearing is set for April 20.

Jolly was charged with possession of a controlled substance after being arrested early Friday morning.

Police say officers found a bottle containing 600 grams of codeine and another containing an unidentified substance under the front seats of Jolly’s car.

Carl Moore, Jolly’s attorney, says his client is innocent.

Jolly was suspended by the NFL without pay for all of last season for violating the league’s substance abuse policy related to a separate 2008 drug arrest in which officers said he also had codeine.

Suspected pimp pleads guilty NEW YORK — A man who arranged for a 16-year-old girl to meet former NFL star Lawrence Taylor for sex in a hotel room pleaded guilty Tuesday, agreeing to serve more than seven years in prison.

Rasheed Davis, 37, entered the plea in U.S. District Court in Manhattan to one count of inducing the interstate travel of another for the purpose of engaging in illicit sexual conduct for financial gain. Sentencing was set for Aug. 10, when Davis faces a prison term that the government has recommended should fall between seven years and nine years.

Davis was arrested after the May 6 meeting between Taylor and the girl at a Holiday Inn in Ramapo, about 30 miles northwest of the Bronx.

Taylor subsequently pleaded guilty in state court to sexual misconduct and patronizing a prostitute, admitting that he paid a 16-year-old runaway $300 for sex. Taylor said the girl told him she was 19. Prosecutors say the girl turned the money over to Davis.

Taylor, an ex-linebacker who led the New York Giants to Super Bowl titles in 1987 and 1991, was ordered to serve six years of probation and to register as a sex offender.

The government said in a release that Davis had provided the girl a place to live in return for about $150 per week. It said he gave her narcotics including Ecstasy and marijuana to induce her to engage in commercial sex acts.

Prosecutors say the girl initially refused to meet Taylor, prompting Davis to physically assault her until she agreed to go.

Police became involved after the girl sent text messages to a relative, and Davis was arrested in his car as he drove with the girl in the Bronx. As part of a plea deal, Davis agreed to give up the car, a 1999 Mercedes-Benz.

Prosecutors say Davis previously had been convicted of possessing stolen property and manslaughter, a crime that caused him to be sentenced in 1994 to between eight and nine years in prison.

DAILY CHALLENGE

SPORTS

Velarde: Bonds’ personal trainer gave me drugs

By PAUL ELIAS SAN FRANCISCO Former New York Yankee Randy Velarde testified Wednesday that he purchased a performanceenhancing drug from Barry Bonds’ personal trainer throughout the 2002 season, the Texas native’s last after 16 years in the big leagues.

Velarde said the human growth hormone gave him more “endurance and strength” and that personal trainer Greg Anderson would help him inject the drug.

Velarde, 48, was the fourth athlete to testify about his desire to work with Anderson because of his connection to Bonds, the home-run king who experience a surge in power after he started working with the trainer.

Several more former baseball players were expected to testify Wednesday about their connection to Anderson. Anderson him-

self is in jail on contempt of court charges for refusing to testify at Bonds’ federal perjury trial, which is in its second week.

Velarde, who hit 100 home runs and batted .276 for four different teams, spent less than 15 minutes on the witness stand and testified that he never used two designer steroids that prosecutors allege Bonds knowingly used after getting them from Anderson.

Velarde followed former San Francisco Giant Marvin Benard to the witness stand Wednesday morning.

Benard, 40, testified that Anderson supplied him with the designer steroids dubbed the “clear” and “cream.”

Prosecutors hope to use the players’ testimony to undercut Bonds’ position that Anderson duped him into unknowingly using designer steroids. None of the players, except for former Giants catcher Bobby Estalella, were expected to directly testify about Bonds.

Prosecutors said in a court filing before the trial started March

21 that Estalella will “testify that the defendant admitted using performance-enhancing drugs, as well as their effects, and that they had several discussions regarding that topic.”

Also on the government’s witness list: former Bonds teammates Armando Rios and Benito Santiago.

Colorado Rockies first baseman Jason Giambi and his brother, former major leaguer Jeremy Giambi, testified Tuesday about their relationship with Anderson and gave similar accounts of their relationship with him. They said that before the 2003 season Anderson supplied them with steroids designed to evade Major League Baseball’s plan to test players for steroids that season.

Bonds, the major league record-holder for home runs in a career (762) and a season (73), has pleaded not guilty to four charges that he lied to a grand jury when he denied knowingly taking performance-enhancing drugs. He also pleaded not guilty to a charge of obstruction.

BCS conducts shallow probe as party rages on

By DAN WETZEL The Bowl Championship Series is so troubled by the graft exposed in Tuesday’s Fiesta Bowl corruption report that it appointed a special “task force.”

Among the members is an athletics director who accepted a free Caribbean cruise from the Orange Bowl just last summer.

Yes, there’s nothing like having a guy - in this case, Southern Mississippi’s Richard Giannini - who takes lavish gifts from one bowl game to judge another bowl game for giving out lavish gifts.

The obvious news from Tuesday’s 276page Fiesta Bowl report is that longtime CEO John Junker was fired and is in major legal

trouble, in part because of the eye-popping way his bowl game was run $1,200 strip-joint bills tend to generate news interest. The real issue is that the BCS is doing what the Fiesta Bowl originally tried to do: conduct a shallow investigation and hope the party is allowed to rage on.

Tuesday revealed a bowl game involved in illegal political donations, massive kickbacks to college administrators and obscene financial abuse. In just one example, the Fiesta paid Junker’s membership at four separate country clubs in three states.

The BCS wants the problem to be seen as isolated. The task force has been empowered to “evaluate the bowl’s findings and its recommendations,” according to

Penn State president Graham Spanier.

There is no mention of doing what common sense would suggest: asking what the heck the other bowls are doing and then examining their finances too.

After all, the federal tax filings of some other major bowls show similar non-itemized expenditures, executive salaries and profit margins.

Spanier must belong to the popular Big Ten chapter of the Little Sisters of the Naïve if he thinks that, while milking a multimillion dollar cash cow, the only bowl executives who considered laying the corporate AMEX down at the gentlemen’s club or accepting a $27,000-peryear car allowance or throwing four-day $33,000 birthday parties

were Junker and his crew.

The other BCS games? Nope, no need to even ask. Second-tier bowls which pay their executives even more than Junker’s nearly $600,000? Nothing to see here, folks.

The BCS is not a system to determine a champion in college football.

It’s a system designed to continue to allow bowl games to operate and profit from the sport’s postseason. It’s the single-most illogical business arrangement in sports. Go find another company that outsources its most important and valuable product. Or go ask NFL commissioner Roger Goodell if he’ll let you run the Super Bowl and skim 60 percent of gross revenue off the top.

DAILY CHALLENGE THURSDAY, MARCH 31, 2011

DAILY CHALLENGE

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SPORTS

Tiger Woods still gets everyone’s attention

By DOUG FERGUSON ORLANDO, Fla. So many people surrounded the first tee that it was hard to see who was playing.

The gallery stretched down the entire length of the 461yard opening hole and wrapped around the back of the green on a sunbaked Sunday at Bay Hill.

Now on the tee, Tiger Woods.

He was in a tie for 29th. He was 10 shots out of the lead, no serious threat to win.

About four hours later, the final group of Martin Laird and Spencer Levin approached the fifth green with under 100 fans tagging along.

This is nothing new.

A few weeks earlier at Doral, the PGA Tour decided to group players based on their world ranking. Someone estimated the gallery at 85 people for the “Big Three” of Martin Kaymer, Lee Westwood and Luke Donald. On the other side of the course, there were too many fans to count in

the group of players ranked 4-5-6 - Graeme McDowell, Woods and Phil Mickelson.

During the FedEx Cup playoffs last year at Ridgewood, thousands of fans crammed behind the ropes on both sides of the fairway at Ridgewood Country Club to watch Woods, who was in 20th place and going nowhere.

One reporter was thinking too hard as he searched for the meaning of it all.

“I get it ... but I don’t get it,” he said as his eyes scanned the size of the crowd. “The guy is in 20th place. Why wouldn’t you go watch someone who is actually playing well?”

The answer: They were there to see Babe Ruth.

Even at his worst and there are plenty of numbers and statistics to back that up - Woods remains the most compelling figure in golf. It was like that at Bay Hill. It will be that way next week at the Masters, even as Mickelson tries to join him with four green jackets, or Kaymer goes after a second straight major, or Westwood tries to regain the No. 1 ranking, this time with-

out having to explain why.

Never mind that Woods is meandering through mediocrity at the moment.

Wednesday will mark 500 days since his last victory at the Australian Masters, his last tournament before the car crash outside his Florida home and the revelations of affairs that followed and broke up his marriage.

He has played 20 tournaments since, not including the Ryder Cup. In his only chance to win, at the Chevron World Challenge, Woods coughed up a four-shot lead in the final round to McDowell, the first time in his career that Woods was leading by more than three shots going into the last day and didn’t win.

Woods has earned $265,465 in five tournaments this year. He earned more in his first five tournaments as a 20-year-old pro.

In 16 starts on the PGA Tour since he returned last year, Woods has three top 10s.

One longtime British golf journalist might have summed it up best last year at The Players

Championship. He wandered onto the TPC Sawgrass to watch Woods for a couple of holes, then walked back in. “It’s nothing special,” he said.

So why the special treatment?

Because Woods is approaching an important anniversary.

It’s not the one-year anniversary of his return to competition at the Masters, where he played off memory and somehow tied for fourth at Augusta National with a performance that raised false hopes.

It’s the 10-year anniversary of his greatest feat.

Woods won the Masters in 2001 to become the only player to hold all four major championships at the same time. It took him 294 days to achieve something that might never be done again.

There was no one close to him in the game back then.

There remains no one close to him in interest level now.

That’s why he draws the biggest crowds.

That’s why television can’t resist showing him.

A few years ago, Sean O’Hair was in

rough on the 14th hole of the North Course at Torrey Pines, and Woods was on the adjacent hole. Spotting a reporter, O’Hair playfully asked why he was always watching Woods. Then came a question to O’Hair: “If you had this job, who would you be watching on Thursday?”

“Tiger,” O’Hair said with a laugh.

Woods was more interesting to watch when he was winning 40 percent of his tournaments, when he looked like a special player. Now he is interesting in a nostalgic sense. They remember how he once performed and wonder if he ever will play that way again.

Will he reach, let alone surpass, the benchmark of 18 professional majors won by Jack Nicklaus?

Can he be golf’s best player again?

Not even Woods knows the answer.

All anyone has at the moment are memories of how he once played, and they are strong enough to hold the interest.

In times of parity which is what Woods’ demise has brought come reminders of how

hard it is to win, and how often Woods won.

Consider this: Before turning 30, Woods already had 46 wins on the PGA Tour and 10 majors.

Until someone else comes along - probably not in Woods’ lifetime everyone will want to know about Woods, good or bad. Some watch because they are eager to see him dominate again. Some watch because they delight in his failure. Others are just curious.

But they’re watching.

At the 1999 Masters, when Woods was rebuilding his swing and was no longer No. 1 in the world, he was in the middle of the pack and headed for Amen Corner on Saturday with a dozen or so media close behind. A radio technician looked at the approaching mass with disdain, shook his head and said, “Why are you guys following Tiger?

He’s not even the story.”

That’s when someone posed a question.

If Nicklaus had called Augusta National that day, he probably would have asked who was leading the tournament.

Andr e Ethier in last season with LA?

By Tony Jackson ANAHEIM, Calif. — Los Angeles Dodgers right fielder Andre Ethier on Tuesday stood behind comments he made to The Associated Press after Monday night’s exhibition game in which he said this could be his final season with the club because, “a lot of signs are pointing that way.”

Ethier is entering the final season of a two-year, $15.25 million contract that will pay him $9.25 million this year, and if he has

even a decent season in 2011, he will receive a significant raise in 2012. But he won’t be eligible for free agency until after 2012 because he won’t have six years of big league service time at the end of this season.

However, teams can choose to non-tender their arbitration-eligible players, making them free agents.

The Dodgers went that route with former All-Star catcher Russell Martin over the winter, and Ethier hinted that a similar fate could be in

store for him.

“My salary is increasing each year,” Ethier said. “I would say the likeliness of me being here beyond this year, it’s not just my decision. ... I have been kind of lucky to be in one spot in baseball for as long as I have been, for six years now. That is a long time to be in one city playing for one team. There is no inclination now other than to go out and play this year and see what we’ve got.

“If I don’t play well, we have seen them non-

tender guys here. If you do play well, sometimes they don’t offer those guys arbitration because their salaries are too high.”

Dodgers general manager Ned Colletti said he wasn’t aware of Ethier’s remarks, either from Monday night or Tuesday afternoon, and he initially seemed taken aback by them.

“You will have to address that with him,” Colletti said. “I don’t have any comment on that at all.”

But on the day the

Dodgers finalized a three-year, $35 million contract extension for pitcher Chad Billingsley, Colletti did reveal that he had preliminary discussions during spring training with Nez Balelo, Ethier’s Los Angelesbased agent, on a possible extension for Ethier, but that those discussions died fairly quickly.

Ethier insisted he was unaware that those talks had even begun between Colletti and Balelo, so he couldn’t have been aware that

they had been quickly abandoned.

“I guess they didn’t get far enough for it to get to me,” Ethier said.

“I guess that shows you how serious they were.”

Balelo didn’t immediately return a message left on his cell phone f r o m ESPNLosAngeles.com.

The Dodgers acquired Ethier as a highly touted prospect from the Oakland A’s for outfielders Milton Bradley and Antonio Perez on Dec. 13, 2005, and he made his first National League All-

DAILY CHALLENGE

S PO OR RT TS S SP THURSDAY, MARCH 31, 2011

UCONN MUCH MORE THAN KEMBA WALKER S EE PA GE 21

TIGER WOODS STILL GETS EVERYONE’S ATTENTION

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