"Glee" creator Ryan Murphy said that the show's final season had originally been centered around Rachel (Lea Michele) and Finn (Cory Monteith).
Musical dramedy "Glee" is wrapping up after next season, its sixth, show co-creator Ryan Murphy confirmed Wednesday night.
He also told reporters at an event celebrating the FX network that though he had the story all mapped out for the final season, there will be changes made due to the death of star Cory Monteith. The 31-year-old, who played Finn Hudson, died this summer from a mix of champagne and heroin.
"The final year of the show, which will be next year, was designed around Rachel (Lea Michele) and Cory/Finn’s story,” he told reporters. “I always knew that, I always knew how it would end. I knew what the last shot was — he was in it. I knew what the last line was — she said it to him. So when a tragedy like that happens you sort of have to pause and figure out what you want to do, so we’re figuring that out now."
Fox aired a touching tribute to the character and the actor last Wednesday, but the show did not reveal how Finn died. The special episode was watched by nearly 7.4 million people, an increase of 81 percent over the previous week, according to Nielsen numbers provided by the network.
Murphy added that he has a new idea of how the show might end, and that it is "kind of in (Monteith's) honor, which I love."
The great deal on the Anker Astro E4 we recently featured is back, and we recommend acting quickly because last time it didn't last long. It's Lifehacker's favorite, our favorite, and Dealzmodo readers loved it the last time we posted it. Use code BDDL6ZN9. [Amazon]
Video cameras have traditionally been used to document the world in a pretty straightforward manner. But they've become so small, and so versatile, that you can do some incredible things with them. Like the crazy world
If you're one of the few people who own a Windows RT tablet (don't all raise your hands at once, now), you just got a chunk of your Saturday back. Citing a "situation affecting a limited number of users updating their Windows RT devices to Windows RT 8.1," Microsoft has pulled the upgrade from the ...
CAPTURE, CREATE, CONNECT: THE NIKON D5300 D-SLR LETS PHOTOGRAPHERS DO IT ALL WITH CONFIDENCE
Compact yet Capable, Nikon's Newest D-SLR Provides Photographers with an Easy Entry into D-SLR Performance with Amazing Image Quality and Built-In Connectivity
MELVILLE, NY (October 17, 2013) – Today, Nikon Inc. announced the latest addition to its legendary digital SLR lineup, the Nikon D5300. Offering the benefits of SLR performance with the versatility of wireless connectivity, the D5300 allows users to easily capture and share amazing images and videos. Though compact and lightweight, the Nikon D5300 packs an enhanced 24.2-megapixel DX-format CMOS sensor, EXPEED 4 image processing and the convenience of built-in Wi-Fi1. Users now have the power to take both frame-worthy and share-worthy photos and HD videos with one device no matter where they are.
"With the Nikon D5300, we are continuing our commitment to delivering unparalleled performance and image quality while addressing the importance of staying connected and sharing images with ease," said Masahiro Horie, Director of Marketing and Planning, Nikon Inc. "By answering the need to share high quality photos, the Nikon D5300 allows photographers to capture their memories in astounding clarity and share them with family and friends moments after they happen."Advanced Performance for When it Matters Most
Making memorable moments even better, the Nikon D5300 offers stunning image quality with sharp, crisp detail to preserve life's precious memories. The enhanced 24.2-megapixel CMOS sensor delivers stunning images and HD videos with heightened clarity and detail due to the removal of the optical low pass filter (OLPF). From planned family portraits to candid moments, the D5300 has the performance, along with easy and intuitive features, to help users capture photos confidently, including: Amazing Low Light Performance – For clean, sharp details even in the most challenging lighting conditions including night games and dimly lit restaurants, the Nikon D5300 covers a wide ISO range of 100-12,800 and is expandable to ISO 25,600.
EXPEED 4 Image Processing – Nikon's most recent image processing engine drives the rapid response and swift performance of the D5300, while maximizing energy efficiency, reducing image noise and delivering true-to-life colors.
 Scene Recognition System – To further help users capture the image they intend, the Nikon D5300 features Nikon's Scene Recognition System and 2,016-pixel RGB metering system to analyze and recognize the scene. Utilizing these systems results in adjustments to exposure, AF and white balance to deliver the best photo possible, whether it's a landscape or portrait.
39-Point AF System – Nikon's quick and precise 39-point AF system works with the Scene Recognition System to accurately acquire and track subjects throughout the frame, resulting in tack-sharp images. Kids too active to pose for a photo or pets chasing after a toy are easily captured in brilliant sharpness for memorable photos.
5 Frames-Per-Second – While using the optical viewfinder or in Live View, capture great moments that would have otherwise been missed with the D5300's 5 frames-per-second (fps) rate.
Share Like Never Before
The D5300 is Nikon's first D-SLR to feature built-in Wi-Fi, allowing the user to share high quality photos instantly. The Nikon D5300 sends images to the user's smart device, allowing them to share their D-SLR quality photos through e-mail and social media. From a winning touchdown to a surprise proposal, friends and family can now see these important moments clearly captured right after they happen. The Nikon D5300 also includes built-in GPS, another first for Nikon D-SLRs. Now the user can geotag images and allow others to see where life has taken them.
Features for Creativity and Versatility
Compact and lightweight (16.9 oz.), the Nikon D5300 can easily be packed for a day trip or a planned getaway. The small body of the D5300 affords the photographer the freedom to travel while still being easy to handle and comfortable to use. In addition to being able to capture amazing images anywhere, the D5300 is also packed with additional features to promote creativity and versatility, including: 3.2-inch Vari-Angle LCD monitor – Whether shooting above a crowd or getting low to capture the details of a flower, users can explore new shots from a dramatic point of view with the large 3.2-inch Vari-angle LCD monitor. This super sharp (1,037K-dot) screen allows photographers to easily make camera adjustments and read menus, while also allowing them to compose the photo they want clearly when shooting from high or low angles. The rotating LCD makes it easy to capture "selfies" at an arm's length away or frame creative perspectives when capturing still photos and HD video.
Full HD 1080p Video Capture – Create movies fit for the big screen with Full HD 1080p video capture at 60p with built-in stereo, wide ISO range for high quality videos in any light and improved full-time AF to keep the subject in focus.
NIKKOR Compatibility – The Nikon D5300 is compatible with Nikon's legendary NIKKOR lenses and powerful system accessories, further adding versatility and creativity.
Price and Availability
The Nikon D5300 kit with the AF-S DX NIKKOR 18-140mm f/3.5-5.6G ED VR lens will be available in October 2013 for the suggested retail price (SRP) of $1,399.95*. To complement consumers' preferences, the Nikon D5300 will be available in Black, Red and Gray. For more information on the new Nikon D5300 and other Nikon products, please visit www.nikonusa.com.
Mobile-only social networking app Path laid off 13 staffers today, axing 20 percent of its workforce. Rumors of the layoffs have been percolating around the tech industry this afternoon and were first confirmed by Valleywag.
Path founder and CEO Dave Morin, who celebrated his 33rd birthday yesterday, has not responded to requests for comment.
In a phone call today, a Path spokesperson told TechCrunch that the layoffs represent a "realigning of the company" as it places a "huge focus on Path 4," the next version of its app. We're hearing that the layoffs affected primarily data and marketing operations, but Path would not confirm what departments were affected, saying only that "it was across the organization." Source: http://feedproxy.google.com/~r/Techcrunch/~3/gHLiZR9ofiU/ Tags: foxnewsiOS 7Breaking Bad Season 6Eileen Brennannate robinson
More than 40 percent of men over 75 undergo PSA screening despite national recommendations
Public release date: 15-Oct-2013 [
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Contact: Molly Dannenmaier mjdannen@utmb.edu 409-771-5105 University of Texas Medical Branch at Galveston
Study looks at role of primary care physicians
GALVESTON, Texas Many primary care doctors continue to administer the prostate-specific antigen test to even their oldest patients despite the fact that no medical organization recommends prostate cancer screening for men older than 75, according to new research from the University of Texas Medical Branch at Galveston.
In a research letter published in the Journal of the American Medical Association, UTMB researchers found a high variability in standard PSA-ordering practice among primary care physicians. Some doctors ordered the test for their older male patients regularly, despite more than a decade of recommendations against doing so. The doctors' tendency to order the test had little to do with measurable patient characteristics.
"Our results suggest that a major reason for the continued high PSA rate is decision-making by the physicians," said senior author Dr. James Goodwin, director of UTMB's Sealy Center on Aging. "That's why there was so much variation among physicians, after accounting for differences among patients. It is clear that some of the overuse is because of preferences of individual patients, but the conclusion of our results is that much more is coming from their primary care physicians."
The purpose of UTMB study was to determine the role primary care physicians play in whether a man receives PSA screening. The study looked at the complete Medicare Part A and Part B data for 1,963 Texas physicians who had at least 20 men age 75 or older in their panels and who saw a man three or more times in 2009. Of the 61,351 patient records examined, 41 percent of men received a PSA screening that year, and 29 percent received a screening ordered by their primary care physician.
Which primary care physician a man sees explained approximately seven times more of the variance in PSA screening than did the measurable patient characteristics, such as age, ethnicity, and location, according to the study.
"Overtesting can create harms, including overdiagnosis," said Dr. Elizabeth Jaramillo, lead author and an instructor of internal medicine-geriatrics at UTMB. "The vast majority of prostate cancers are so slow growing that an elderly man is much more likely to die of another condition in his lifetime than from the cancer."
Additional research is needed to understand why some primary care physicians order PSA screenings more often than others. The study suggests that overtesting rates be included as quality measures of PCPs. Medicare data can be used to generate such measures.
###
Co-authors include biostatistician Alai Tan, research associate Liu Yang and professor Yong-Fang Kuo. The research was supported by the Cancer Prevention Research Institute of Texas, the National Institutes of Health, the Agency for Healthcare Research and Quality and the UTMB Clinical and Translational Science Award.
Of Note:
Routine prostate cancer screening for asymptomatic patients especially older ones has been criticized by many organizations over the past dozen years. The American Cancer Society, the American Academy of Family Physicians and the American College of Physicians have all called for curtailing routine annual PSA testing because it so often leads to unnecessarily aggressive treatment that can cause impotence and incontinence.
The screening test detects the presence of PSA, a protein produced by the prostate gland. Traditional thinking was that the higher a man's PSA level, the more likely he was to have prostate cancer. New evidence shows that many factors can increase a man's PSA level, and that even if cancer is one of those factors, most prostate cancer is so slow growing it will never progress to a dangerous level.
According to a 2012 study by the National Cancer Institute, a 13-year cancer screening trial showed that men who undergo annual PSA screening have roughly the same death rate from prostate cancer as men who don't.
The U.S. Preventive Services Task Force called for the elimination of routine PSA screening in 2012. In May the American Urological Association said routine PSA screening should be limited to men between 55 and 69.
The University of Texas Medical Branch
Office of Marketing and Communications
301 University Boulevard
Galveston, Texas 77555-0144
http://www.utmb.edu
ABOUT UTMB HEALTH: Texas' first academic health center opened its doors in 1891 and today comprises four health sciences schools, three institutes for advanced study, a research enterprise that includes one of only two national laboratories dedicated to the safe study of infectious threats to human health, and a health system offering a full range of primary and specialized medical services throughout Galveston County and the Texas Gulf Coast region. UTMB Health is a component of the University of Texas System and a member of the Texas Medical Center.
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More than 40 percent of men over 75 undergo PSA screening despite national recommendations
Public release date: 15-Oct-2013 [
| E-mail
| Share
]
Contact: Molly Dannenmaier mjdannen@utmb.edu 409-771-5105 University of Texas Medical Branch at Galveston
Study looks at role of primary care physicians
GALVESTON, Texas Many primary care doctors continue to administer the prostate-specific antigen test to even their oldest patients despite the fact that no medical organization recommends prostate cancer screening for men older than 75, according to new research from the University of Texas Medical Branch at Galveston.
In a research letter published in the Journal of the American Medical Association, UTMB researchers found a high variability in standard PSA-ordering practice among primary care physicians. Some doctors ordered the test for their older male patients regularly, despite more than a decade of recommendations against doing so. The doctors' tendency to order the test had little to do with measurable patient characteristics.
"Our results suggest that a major reason for the continued high PSA rate is decision-making by the physicians," said senior author Dr. James Goodwin, director of UTMB's Sealy Center on Aging. "That's why there was so much variation among physicians, after accounting for differences among patients. It is clear that some of the overuse is because of preferences of individual patients, but the conclusion of our results is that much more is coming from their primary care physicians."
The purpose of UTMB study was to determine the role primary care physicians play in whether a man receives PSA screening. The study looked at the complete Medicare Part A and Part B data for 1,963 Texas physicians who had at least 20 men age 75 or older in their panels and who saw a man three or more times in 2009. Of the 61,351 patient records examined, 41 percent of men received a PSA screening that year, and 29 percent received a screening ordered by their primary care physician.
Which primary care physician a man sees explained approximately seven times more of the variance in PSA screening than did the measurable patient characteristics, such as age, ethnicity, and location, according to the study.
"Overtesting can create harms, including overdiagnosis," said Dr. Elizabeth Jaramillo, lead author and an instructor of internal medicine-geriatrics at UTMB. "The vast majority of prostate cancers are so slow growing that an elderly man is much more likely to die of another condition in his lifetime than from the cancer."
Additional research is needed to understand why some primary care physicians order PSA screenings more often than others. The study suggests that overtesting rates be included as quality measures of PCPs. Medicare data can be used to generate such measures.
###
Co-authors include biostatistician Alai Tan, research associate Liu Yang and professor Yong-Fang Kuo. The research was supported by the Cancer Prevention Research Institute of Texas, the National Institutes of Health, the Agency for Healthcare Research and Quality and the UTMB Clinical and Translational Science Award.
Of Note:
Routine prostate cancer screening for asymptomatic patients especially older ones has been criticized by many organizations over the past dozen years. The American Cancer Society, the American Academy of Family Physicians and the American College of Physicians have all called for curtailing routine annual PSA testing because it so often leads to unnecessarily aggressive treatment that can cause impotence and incontinence.
The screening test detects the presence of PSA, a protein produced by the prostate gland. Traditional thinking was that the higher a man's PSA level, the more likely he was to have prostate cancer. New evidence shows that many factors can increase a man's PSA level, and that even if cancer is one of those factors, most prostate cancer is so slow growing it will never progress to a dangerous level.
According to a 2012 study by the National Cancer Institute, a 13-year cancer screening trial showed that men who undergo annual PSA screening have roughly the same death rate from prostate cancer as men who don't.
The U.S. Preventive Services Task Force called for the elimination of routine PSA screening in 2012. In May the American Urological Association said routine PSA screening should be limited to men between 55 and 69.
The University of Texas Medical Branch
Office of Marketing and Communications
301 University Boulevard
Galveston, Texas 77555-0144
http://www.utmb.edu
ABOUT UTMB HEALTH: Texas' first academic health center opened its doors in 1891 and today comprises four health sciences schools, three institutes for advanced study, a research enterprise that includes one of only two national laboratories dedicated to the safe study of infectious threats to human health, and a health system offering a full range of primary and specialized medical services throughout Galveston County and the Texas Gulf Coast region. UTMB Health is a component of the University of Texas System and a member of the Texas Medical Center.
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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
NEW YORK (Reuters) - Morgan Stanley's risk-weighted assets related to fixed-income trading fell by 2.7 percent last quarter, Chief Financial Officer Ruth Porat said on Friday.
The Wall Street bank and brokerage firm had $213 billion (131 billion pounds) in fixed-income risk-weighted assets at September 30, down from $219 billion at June 30, Porat said in an interview.
Those figures do not include $20 billion worth of loans. Morgan Stanley is working to shrink some fixed-income trading assets while growing its book of loans, particularly to wealth-management clients. Morgan Stanley had earlier set a target of less than $200 billion worth of fixed-income risk-weighted assets, including the loans, by 2016, as part of a years-long effort to boost shareholder returns.
For the third quarter, the bank reported an adjusted return on common equity of 6.2 percent.
(Reporting by Lauren Tara LaCapra; Editing by Gerald E. McCormick)
The Hills' Jason Wahler is lightyears away from his old seaside bad boy ways!
The newlywed has not only transformed physically, but emotionally as well since his rebellious teen years.
While Jason refuses to blame the mega-successful show for his demons, he will admit that the overnight fame and all access pass to guilty pleasures only made his mental instability swell up — so much so that he tried to commit suicide!!!
In an uber candid piece, Jason revealed:
"I almost look like a different person. My entire outward appearance has changed — I now take pride in how I look, and live a healthy lifestyle that is reflected in my physicality. I knew that Laguna and The Hills weren't the source of my addiction, but the overnight success, fame and cash ignited my addiction much quicker. I was so uncomfortable in my own skin that I contemplated suicide a number of times, and even attempted it once. I took 10 times more antabuse than I was supposed to in an effort to take my own life, but was saved after being rushed to the hospital and receiving treatment for my overdose."
YIKES!
We knew Jason was troubled, but we had no clue he felt so low he tried to kill himself!
With 4 years clean as well as the help of Dr. Drew Pinksy and Alcoholics Anonymous, Jason FINALLY got the help he needed and made the lifestyle changes necessary to save his life.
We certainly can do without another another tragic overdose story.
His new wifey is VERY lucky she gets to spend her life with such a strong and brave dude!
The 17-year-old singer "was admitted to the hospital with a 104 temperature and is being treated for a blood clot and extreme inflammation in his throat as well as severe dehydration," his rep confirms to Us Weekly.
On Thursday, Oct. 17, Mahone posted an Instagram photo of himself in a hospital gown. "I've never felt so bad," he wrote in the accompanying caption. The "What About Love" singer shared with his so-called "Mahomies" on Twitter earlier this week that he had to reschedule his Miami and Orlando shows.
"Its Doctor’s orders," he tweeted. "I have a bad flu 103 fever and I can’t move. If I could go I would."
Austin Mahone shared this photo of himself in a hospital gown on Instagram. Credit: Courtesy of Austin Mahone
The teen pop sensation's MTV Artist to Watchtour -- a 10-city event originally scheduled to kick off in Miami Thursday -- was postponed that evening, per Michele "Mama" Mahone. "Austin is very upset about this & we want to say we are sorry to all the Mahomies & their parents who have made arrangements to come out," Mama Mahone shared with her son's 4.4 million followers. MTV said in a statement that the sold-out tour would be postponed to 2014, adding that ticket holders would be notified once exact dates were confirmed.
Despite the cancellation, Austin's fans quickly expressed support for the "What About Love" singer via social media. #PrayForAustin rapidly became a trending topic on Twitter at the urging of Mama Mahone.
Elsbeth Tascioni is making a return trip to The Good Wife.
The endearing yet scatter-brained lawyer, played by Emmy winner Carrie Preston, has been a fixture in the Lockhart/Gardner offices and in the courtroom since the first season. But when Elsbeth comes back to the CBS legal drama this time around, change is looming at the firm with Alicia (Julianna Margulies) and Cary (Matt Czuchry) planning their exit and Diane (Christine Baranski) moving forward with her judgeship. In the Oct. 20 episode, "Outside the Bubble," Lockhart/Gardner hires Elsbeth to represent them in a sexual harassment suit brought on by an employee.
In a chat with The Hollywood Reporter, Preston previews Sunday's episode, treadmill desks and discusses the end of True Blood.
In what context does Elsbeth return to the Lockhart/Gardner firm?
She's brought in because there's an employee that's suing the firm and she's brought in to represent the firm. She's usually representing individuals throughout the seasons, but her tactics remain the same. Very mercurial and unexpected and mysterious at times. That remains the same. Once again the writers have given me obstacles and activities. The first moment you see me, I'm on a treadmill desk.
I was like, "What?!" They actually make these. They are treadmills with a desk at them so that you can be walking and doing your work at the same time. That seems like it was designed for Elsbeth Tascioni. (Laughs.) Of course Elsbeth would have to try that.
Elsbeth is coming in at an interesting point in time for Lockhart/Gardner, with Diane's judgeship and Cary/Alicia's plans to leave.
Her case is pretty self-contained. I think the writers brought her in to bring some levity. The calm before the storm. Or the fun before the storm maybe. Her storyline is not a part of all that.
What can we expect to see with Elsbeth in the courtroom?
She squares off with Rita Wilson's character [Viola Walsh], which is quite fun. We haven't seen Rita Wilson's character in a while and these are two very different -- albeit smart -- women. It's fun to see how they go head to head. That was satisfying to shoot. I had not met Rita before but she's wonderful. That's what I'm most curious to see how it came together.
Any particular favorites to shoot?
It was pretty fun shooting that treadmill scene. We couldn't stop laughing, while we were doing it. (Laughs.) I'm definitely someone who enjoys a little physical comedy. If you give me something like that I'm gonna definitely going to make the most of it.
Congratulations on your Emmy win earlier this year. How surprised were you?
It was surprising getting nominated and when they called my name as the winner, I was completely shocked. I don't know who was driving that bus to get me up onstage and give that speech, but it wasn't me. (Laughs.) I barely remember it. I went offstage and about collapsed. You know that phrase, "Your feet don't touch the ground?" I felt that.
Switching gears to True Blood, which is ending its run after the seventh season. What are you hoping for in that final push?
I think that the writers have positioned it to really come back around to its origins, which is a show about relationships, whether the characters are human or supernatural. We certainly got that in season six and I hope the writers will continue on that trajectory. I'm really just as excited as the fans to see where they take us. We're in good hands and I feel like it's the right thing to do to end the show when the stories are really strong still and really put all of our energies into making it the best season that we've ever had and go out on a high instead of trailing along like a lot of shows do just to keep it going.
Do you have any desires for how you want Arlene's story to end?
I think it was great how they let her take the bar over. I don't think that surprised anybody but at the same time, it was great to see Arlene get a little bit of power in this world and I'm hoping she'll find solace in that. I hope they don't pair her up with somebody. I'd like to see her be a strong woman and be OK in the world as a mom and an owner of a business and not be someone who doesn't feel complete if she doesn't have a man. This would be a nice evolution for her.
As General Assembly moves away from co-working and focuses more heavily on educating entrepreneurs and startups, the company is releasing a brand new tool to the public. It’s called Dash, and it’s an interactive online program that helps teach people how to code through a series of interactive storyline-based tutorials.
The program was originally created in-house by project manager Nathan Bradshaw and a GA and co-founder Brad Hargreaves, who wanted to give General Assembly students young and old the opportunity to get comfortable with coding.
Dash works in the browser, and helps users learn CSS, JavaScript and HTML through various tasks that are similar to the real life of a coder or developer. For example, as you go through various lessons you’ll learn how to first build a personal website, then a blog theme, then a small business website, and eventually a CSS Robot.
“Codecademy and other code-learning websites are great, but they kind of lose context,” said Jake Schwartz, co-founder at General Assembly. “We wanted to give people real-world scenarios to learn from.”
That said, each Dash project is framed as a task from a fictional client, with corrections along the way in case you make a mistake. But it goes beyond that. Once you’ve completed a project for your client, users can then customize the website and focus on design. After each site is beautified, Dash helps you publish it to the web.
By the end of the course, users will have three mini-sites up and running under their name.
Dash was originally created as an internal tool for General Assembly back in February, assigned as “pre-work” for students taking General Assembly’s full-time Front End Web Development immersive program.
However, after realizing it’s so well-liked among the GA community, the company decided to offer it as a publicly available tool.
General Assembly offers education and opportunity in technology, design and entrepreneurship. It provides educational programming and support across eight physical campuses and online in order to facilitate collaborative practices and learning opportunities across a community inspired by the entrepreneurial experience.
Jake Schwartz, CFA is an entrepreneur and an advisor for early and growth stage businesses in Web, mobile, and digital media. He is a co-founder of General Assembly (www.generalassemb.ly) and the founder of The Office Space Guys (www.officespaceguys.com). He has an MBA with Honors from The Wharton School at the University of Pennsylvania, and a B.A. from Yale University
Superintendent of the United States Naval Academy, Vice Admiral Michael H. Miller, seen in December 2012.
By Ali Weinberg and Elizabeth Chuck, NBC News
Lawyers for a Naval Academy midshipman facing court-martial on sexual assault accusations have joined a lawsuit — filed by the accuser — to have the Naval Academy superintendent overseeing the case recuse himself.
Counsel for Midshipman Josh Tate, one of the two midshipmen referred to court-martial in an alleged rape case, filed a motion to intervene on an existing lawsuit. The suit, filed by the accuser in the case, requests that Vice Adm. Michael Miller step aside from the proceedings.
Susan Burke, the accuser's lawyer, filed the suit in early September because she said Miller would be biased against his client in determining whether to refer the men she accused of raping her to court-martial. Burke said Miller was actively intending to retaliate against her client for harming the Naval Academy.
But now, Tate's lawyers are filing a motion to intervene in the case, which would legally associate themselves as agreeing with the accuser in the lawsuit to get Miller to recuse himself.
"Plaintiff seeks a court order directing the Superintendent to recuse himself from serving as the convening authority in the pending criminal action because 'the probability of actual bias on his part is too high to be constitutionally tolerable.' Intervenor [Tate] seeks the same relief," the motion reads.
In their motion, filed on Tuesday, the lawyers noted that even though Miller has already made his decision on the court-martial, he still has significant influence in the court-martial, given that he will be able to choose the jury pool.
"The Superintendent’s bias impacts more than just the decision to refer charges to a general court-martial – it impacts the fundamental fairness of the general court-martial itself," the motion read.
Miller recommended last Thursday that two of the three midshipmen accused of raping the female midshipman face court-martial, despite the recommendation of the judge in a preliminary hearing, who said none of the three men should be prosecuted.
Lawyers for Tate argued in Tuesday's motion that Miller was acting in a time of "relentless" political pressure.
"It is important to note that the allegations against Intervenor [Tate] unfortunately arise within a turbulent political environment. Currently, the United States Armed Forces are in a well-reported spotlight concerning their alleged treatment of sexual assaults. The political pressure concerning sexual assaults in the military is relentless," the motion said.
"It is not unreasonable to believe that a politically, but not legally, appropriate thing to do would be to subject a young man to an unwarranted prosecution and jeopardy under the assumption that the accused would likely be acquitted."
Tate, Eric Graham and Tra’ves Bush, each a former member of the Academy's football team, are accused of raping the woman after she passed out drunk at a party at an off-campus residence on April 14, 2012.
Chip Herrington, counsel for Graham — the other midshipman facing court-martial — said he is "supportive" of Tate's lawyers' course of action and is "contemplating similar motions."
Herrington said he agreed that Miller lost credibility when he recommended the two Midshipmen face court martial against the investigating officer’s suggestion.
"It is clear that Vice Admiral Miller simply can’t handle the truth shown by his rejection of the judge’s findings in the Article 32 hearing," Herrington said.
The case is one of the highest-profile military sexual assault cases since President Barack Obama made his first public condemnation of such actions at the Naval Academy’s commencement ceremony in May.
The results of this case, and others like it, may have policy implications for how the military deals with reports of sexual assault, which have increased exponentially in recent years. A Pentagon study estimated that unwanted sexual contact in the military jumped by 37 percent in 2012 to 26,000 cases.
Related content:
This story was originally published on Wed Oct 16, 2013 11:24 AM EDT
GLENDALE, Ariz. (AP) — Defensive ends Calais Campbell of Arizona and Chris Clemons of Seattle were active for Thursday night's game.
Both had been listed as questionable. Campbell was strapped down and carted off the field in San Francisco on Sunday with what Arizona coach Bruce Arians said was a bruised spine. Clemons did not practice Monday and Tuesday and was limited Wednesday with an elbow injury.
The injured inactives had already been declared out, including Cardinals wide receiver Brittan Golden (hamstring) and Seahawks linebacker Bobby Wagner (ankle). K.J. Wright moved to Wagner's middle linebacker spot and Malcolm Smith took Wright's outside linebacker spot.
Minnesota Vikings running back Adrian Peterson pauses during introductions before an NFL football game against the Carolina Panthers in Minneapolis, Sunday, Oct. 13, 2013. One of the star running back's sons, a 2-year-old in South Dakota, died Friday after an alleged attack in a child abuse case. (AP Photo/Michael Conroy)
Minnesota Vikings running back Adrian Peterson pauses during introductions before an NFL football game against the Carolina Panthers in Minneapolis, Sunday, Oct. 13, 2013. One of the star running back's sons, a 2-year-old in South Dakota, died Friday after an alleged attack in a child abuse case. (AP Photo/Michael Conroy)
FILE - In this Oct. 11, 2013 file photo, Joseph Patterson, who is charged with aggravated assault and aggravated battery on an infant, leaves the Lincoln County Courthouse after a hearing in Canton, S.D. Prosecutors expect to ask a grand jury to consider more serious charges against Patterson in the death of the 2-year-old son of Minnesota Vikings running back Adrian Peterson. Lincoln County State's Attorney Tom Wollman says he will review the completed autopsy report along with other reports before seeking any new charges against Patterson. Sioux Falls police identified the boy as Tyrese Robert Doohen, who died Friday, Oct. 11, 2013 after being hospitalized with severe head injuries. (AP Photo/Argus Leader, Joe Ahlquist) NO SALES
Minnesota Vikings fans hold a sign supporting Vikings running back Adrian Peterson during the second half of an NFL football game in Minneapolis, Sunday, Oct. 13, 2013. One of the star running back's sons, a 2-year-old in South Dakota, died Friday after an alleged attack in a child abuse case. The Carolina Panthers defeated the Vikings 35-10. (AP Photo/Jim Mone)
Family, friends and well-wishers gather in Sertoma Park in Sioux Falls, S.D., for a candlelight vigil in memory of Minnesota Vikings' Adrian Peterson's 2-year-old son on Friday, Oct. 11, 2013. Authorities said a 2-year-old boy died Friday of injuries suffered in an alleged child abuse case and a person with knowledge of the situation told The Associated Press the boy was Peterson's son. (AP Photo/Argus Leader, Jay Pickthorn) NO SALES
Joseph Patterson, center, who is charged with aggravated assault and aggravated battery on an infant, leaves the Lincoln County Courthouse after a hearing in Canton, S.D., on Friday, Oct. 11, 2013. Prosecutors and police in South Dakota declined to confirm that Minnesota Vikings running back Adrian Peterson is the father of a 2-year-old boy who was hospitalized with severe head injuries in Sioux Falls on Wednesday. Police described the child's condition as consistent with abuse. Patterson is accused in the case of the 2-year-old. (AP Photo/Argus Leader, Joe Ahlquist) NO SALES
EDEN PRAIRIE, Minn. (AP) — Two months ago, around the time the Minnesota Vikings were losing their second preseason game, Adrian Peterson was given some surprising news.
The star running back says he found out then he had a 2-year-old son living in Sioux Falls, S.D., named Tyrese Robert Ruffin. He had been working with Tyrese's mother to arrange a meeting with the boy when he received a call last week that the child was in the hospital with severe injuries.
Peterson raced to South Dakota last Thursday, where he saw little Tyrese for the first time. The boy died a day later in an alleged case of child abuse, and Peterson has been trying to come to grips with it ever since.
Peterson attended Tyrese's funeral Wednesday and returned to Minnesota for practice on Thursday. His voice wavered when he discussed Tyrese publicly for the first time, trying to grapple with mourning the death of a son he never got to know.
"I was planning on seeing him. I had a talk with his mom and we got some things together as far as financially helping her," Peterson said. "Unfortunately, this situation took place. It's devastating."
A man the boy's mother was dating, 27-year-old Joseph Patterson, is being held on charges of aggravated assault and aggravated battery. Tyrese died after Patterson was arrested, and prosecutors plan to convene a grand jury to consider more serious charges.
"It was a difficult day, just taking in the circumstance and the whole situation," Peterson said of the funeral. "A child was buried. That's difficult for anyone."
Peterson played against the Carolina Panthers on Sunday, rushing for 62 yards on 10 carries in a 35-10 loss, and he plans to play against the New York Giants on Monday night. It's been a theme for Peterson for nearly his entire life — football has been a refuge in difficult times ever since he was a youth.
"A lot of people won't ever understand the situation that I'm in and see it the way I'm seeing the situation," he said. "It's tough, but I'm able to deal with that and got a good supporting cast around me that's been supporting me through this tough time."
Peterson thanked his teammates and the Vikings organization for their support.
"They've been great, organization, teammates, they've been supporting me as well," he said. "I can't tell you how many calls I've gotten and texts from the guys up top in the organization and players just making sure that I'm OK and I'm doing well."
He has always prided himself on finding the positivity even in the darkest of times — and now he finds himself searching again.
"I'm standing strong, man. I am," Peterson said. "My main focus has been on my son and their family down there in Sioux Falls. Just trying to wrap my head around things and trying to stay focused and play ball as well. So things have been tough, but I can handle a lot. I'm built for anything that comes my way. This right here will pass."
Peterson said he has been in touch with authorities in South Dakota to stay on top of the proceedings and didn't expect to miss any more time this season to deal with the situation.
"I have the contacts that I need to be able to stay involved as far as the investigation," he said.
NOTES: Peterson only practiced on a limited basis on Thursday because of a sore hamstring. ... K Blair Walsh (left hamstring), S Harrison Smith (turf toe on left foot) and CB A.J. Jefferson (right ankle) did not practice.
A lover of Mad Men, #ManicureMondays, statement shoes, and anything Boy Meets World.
With a mom who literally flows with knowledge of footwear, are you surprised? Basketball Wives star and our own fashion blogger Evelyn Lozada‘s daughter Shaniece Hairston is a featured model in the new style campaign for BCBGeneration.
This is apparently the first ad campaign for the fresh-faced, 20-year-old gorgeous gal. In the photos, Shaniece rocks leather pants, a moto leather vest, on-trend combat boots, plaid, and a metallic handbag. And while their are a ton of textures in the entire ensemble (even a knitted purple scarf!) the look gives off an effortlessly cool vibe.
And can we mention how flawless her skin is? Seriously! Earlier today, the model’s mama (Evelyn herself!) tweeted her pride for her daughter’s success saying, “Can I just tell u how PROUD I am of my daughter @shanieceh !!!!! this is her shooting the Fall…” How sweet is that?
Shaniece responded the tweet with kind words for her mother. “Thank you Mom. Love u xoxo.”
BCBGeneration
In the second picture, the celeb rocks a simpler, preppy look with printed tennis shoes and a long draped cardigan.
BEIRUT (AP) — Syria's deputy prime minister on Thursday floated Nov. 23-24 as possible dates for talks on a political solution to the Syrian conflict, though there's no agreement on the ground rules for such negotiations and the main Western-backed opposition hasn't decided whether to attend.
The United States and Russia have been trying to bring the Damascus government and Syria's divided opposition to negotiations in Geneva for months, but the meeting has been repeatedly delayed. It remains unclear if either side is really willing to negotiate while Syria's civil war, now in its third year, remains deadlocked.
Meanwhile, the international agency overseeing the destruction of Syria's chemical weapons stockpile said that inspectors have so far found no "weaponized" chemical munitions, or shells ready to deliver poison gas or nerve agents, and that Syria's declarations up to now have matched what inspectors found.
The Organization for the Prohibition of Chemical Weapons and the United Nations are working to verify Syria's initial declaration of its weapons program and render production and chemical mixing facilities inoperable by Nov. 1. Their work on the ground involves smashing control panels on machines and destroying empty munitions.
The team has visited 11 of more than 20 sites since Oct. 1 and carried out destruction work at six. "Cheap, quick and low-tech. Nothing fancy," OPCW spokesman Michael Luhan said of the work.
In the next phase, the work gets more complex and dangerous when actual chemical weapons have to be destroyed — in the midst of full-blown war. Negotiations are still underway as to how and where that will happen.
Renewed efforts to organize political talks between the Syrian regime and the opposition stem from the U.N. Security Council resolution passed last month to rid Syria of its chemical weapons program.
The resolution also endorsed a framework for a political transition that key countries adopted last year and called for an international conference in Geneva to be convened "as soon as possible" to implement it.
Qadri Jamil, the Syrian deputy prime minister, said Thursday that "we are closer than ever" to talks in Geneva. "In our contact with the (Russian) Foreign Ministry, we were informed about the approximate and hypothetical dates for holding it," he said.
Russia's RIA Novosti news agency quoted him as saying "the conference will be held on the 23rd and 24th of November."
Alexander Lukashevich, a spokesman for the Russian Foreign Ministry, would not confirm or deny that the dates were being considered.
U.N. Secretary-General Ban Ki-moon said Wednesday that efforts are intensifying to try to hold the Geneva meeting in mid-November. Ban did not provide specific dates, and it's not clear whether the schedule provided by Jamil has been agreed to by any other parties.
The talks have been put off repeatedly, in part because of fundamental disagreements over the fate of Syrian President Bashar Assad.
The Western-backed Syrian National Coalition, the main alliance of political opposition groups, has said it will only negotiate if it is agreed from the start that Assad will leave power at the end of a transition period. Many rebel fighters inside Syria flatly reject negotiating with Assad's regime
The regime has rejected such a demand, saying Assad will stay at least until the end of his term in mid-2014, and he will decide then whether to seek re-election. The regime has said it refuses to negotiate with the armed opposition.
Syria's revolt began in March 2011 with largely peaceful protests against the Assad regime before eventually turning into a civil war. The conflict has killed more than 100,000 people, forced more than 2 million to flee the country and left some 4.5 million others displaced within the country.
It has also proven difficult and dangerous for journalists to cover, and press freedom advocate groups rank Syria as the most dangerous country in the world for reporters. Dozens of journalists have been kidnapped and more than 25 have been killed while reporting in Syria since the conflict began.
On Thursday, Sky News Arabia said that a team of its reporters had gone missing in the contested city of Aleppo. The Abu Dhabi-based channel said it lost contact on Tuesday morning with reporter Ishak Moctar, a Mauritanian national, cameraman Samir Kassab, a Lebanese national, as well as their Syrian driver whose name is being withheld at his family's request.
Sky News Arabia chief Nart Bouran says the crew was on assignment primarily to focus on the humanitarian aspects of the conflict in Aleppo. The channel appealed for any information on the team's whereabouts and for help to ensure the journalists' safe return.
The international weapons inspectors have also come close to the fighting.
Since their arrival Oct. 1, several mortar shells and two car bombs have exploded several hundred meters from the Damascus hotel where the OPCW-U.N. team is staying. Malik Ellahi, an OPCW official, said there is no way of knowing if the team is being deliberately targeted.
"In terms of the security situation there are always concerns but the team so far has, with the cooperation of the Syrian authorities, managed to conduct its work unimpeded," Ellahi told a small group of reporters at the organization's headquarters in the Netherlands on Thursday.
___
Corder reported from The Hague, Netherlands. Associated Press writer Laura Mills in Moscow contributed to this report.
NEW YORK (AP) — LG says it will start selling a tablet with a high-definition screen starting Nov. 3 in the U.S. for $350, putting the price in line with Apple and Samsung tablets of similar size.
The G Pad 8.3 was selling for more than $500 in South Korea.
The device has a screen that measures 8.3 inches diagonally. It's in full HD, similar to Google's Nexus 7 and Amazon.com Inc.'s Kindle Fire HDX. Both 7-inch tablets sell for $229.
The resolution on Apple's $329 iPad Mini and Samsung Electronics Co.'s $400 Galaxy Note 8.0, both at about 8 inches, isn't as good as the G Pad. Apple is expected to refresh its iPad lineup next week.
LG Electronics Inc. says the G Pad will be available at BestBuy and other retailers.
Megyn Kelly's new Fox nightly news program, The Kelly File, premiered last week.
Photo courtesy Matt Gagnon/Creative Commons
Fox News anchor Megyn Kelly was the biggest winner of election night 2012 who was not running for public office. That evening, after Fox analysts had called Ohio and the election for President Obama, Karl Rove infamously began to express doubts about the results. In what is the only bit of television theater from that night anyone will ever remember, Kelly, who was co-anchoring Fox’s coverage, was tapped to question the decision desk directly, and she gamely stalked the halls of Fox News to authoritatively question the stat wonks who had made the call. (A Fox insider told New York’s Gabe Sherman about Kelly’s walk, “This is Fox News, so anytime there’s a chance to show off Megyn Kelly’s legs they’ll go for it.”) “We are actually quite comfortable with the call in Ohio,” one of the analysts told Kelly. This was not sufficient to convince Rove, who attempted a sort of one-man filibuster on the election results, such a blatant flouting of fact that it made Kelly’s earlier question to Rove seem prescient. “Is this just math you do as a Republican to make yourself feel better,” she had asked, “or is it real?”
And thus, the dueling legends of Megyn Kelly were born: Kelly the unflappable, impeccable Fox News star, and Kelly the unflappable, impeccable Fox News star who maybe knows Fox News is crazy. While nearly everyone around her lost their senses, Kelly remained the perfectly poised adult: gracefully navigating a contentious situation, upholding the integrity of Fox News without alienating conservative powerhouses, and making captivating television all the while.
That night, Fox saw an anchor they should commit to. The Kelly File, her new nightly news program, started last week and makes her Fox’s first new host since 2003. It airs directly following The O'Reilly Factor, and after just two episodes, it’s become the most watched show in the demo on cable news.
Willa Paskin is Slate’s television critic.
That night last fall, liberals also saw someone to admire. Kelly’s assured handling of Rove’s temper tantrum solidified her burgeoning reputation as the Fox News anchor who, when push came to Karl Rove’s shoving, would behave like a member of the reality-based community. If she was not quite a donkey in Fox’s clothing, maybe she wasn’t a party-line ideologue in one either.
That is, until they watch an episode of The Kelly File. One week into the show’s run, it is clear that to understand Kelly as anything other than a dedicated Fox News shill is a deluded fantasy. It is, to paraphrase Kelly herself, just wishful thinking you do as a Democrat to make yourself feel better. The skills that Kelly displayed on election night are real: She really is smarter, more appealing, and more polished than any other Fox News personality—none of which obviates her totally pernicious dedication to keeping Fox viewers within the Fox bubble, facts be damned.
For instance, watching The Kelly File, you would think the Republicans were more popular than the president. Since her new show has been on air, Kelly has never willingly shared the terrible approval ratings of Republicans in Congress, though she has vociferously supplied Obama’s low approval ratings and the low approval ratings of Congress as a whole. In its first week, The Kelly Files has been fixated on how the shutdown was briefly keeping death benefits from soldiers who have died since the government closed. In the post-Benghazi era, this means determining “when” Barack Obama “knew” that families were being denied benefits, and when he decided to “do something” about it, even though the problem was brought up and addressed in a matter of days. Kelly aired a “gotcha” clip of Fox’s Ed Henry grilling Press Secretary Jay Carney that is downright Rorschachian: It looks to me like the White House dealt with the issue as quickly as possible, but looks to Fox News like a White House cover-up.
Nearly all the stories on The Kelly File turn on wedge social issues. A segment about a teenager who was returned to a house with a sex offender in it made it to air because the girl was allegedly being forced to have an abortion. There was a piece about the war on Christmas. A sequence about the 1980s killing of a DEA agent got play because the Obama administration has not protested the release of his killer from Mexican prison strongly enough. Kelly, her head, as usual, cocked slightly to the left to indicate deep listening, calmly took in a guest explaining that the Democrats don’t want to talk with Republicans because you “never have a real conversation with your adversary, it humanizes them,” before, seconds later, quoting Lenin: “Socialized medicine is the keystone to the arch of the socialist state.”
But then there are moments when Kelly exhibits her no-nonsense charm. In a segment on Las Vegas union workers hurling insults at tourists, a panelist said that Obama and Harry Reid have called people worse names in just the last few days, suggesting that such abuse and violence was typical of the left. At this, Kelly intervened, a little sarcastically. “You have maybe overstated your case. I don’t think we want to dismiss the entire left in the country as violent,” she said. Then she added, “I will say in [the union’s] defense that one time one guy parked me in and I could not get out of my car on either side, and I put a little note on his car and all I wrote on it was ‘Loser!’ And it made me feel so much better. And maybe they are experiencing the same thing. It was very cathartic for me. I cop to it.”
This may be a silly story, but I found it charming—and also terrifyingly savvy. Kelly dropped this anecdote into one of the least contentious stories she aired last week. (Even the Democrat on the panel thought cursing at tourists wasn’t a great strategy.) It burnishes her reputation as something other than a Fox automaton, without alienating any Fox partisans (it’s a cute story). Megyn Kelly has convinced both the right and the left that she’s a bold truth-teller because of her willingness to call bullshit one out of the 100 times bullshit should actually could be called.
Kelly is, in a way, like Laura Bush, a likeable woman who once evinced a leftish streak—voting Democrat before her marriage—that allowed liberals to project upon her a more palatable politics, a flight of fancy that inspired an entire novel. Every single day, Kelly demonstrates her devotion to Fox News ideology. But because the only tidbits that regularly reach non-Fox News watchers are viral videos of Kelly doing something rare for a Fox News anchor—pointing out that all liberals are not violent, say, or arguing maternity leave is good—liberals can harbor the fantasy that Megyn Kelly might be that mythical being: A Fox News anchor to disagree with only some of the time. It’s not true, but it’s a very comforting to believe, because Megyn Kelly is going to be with us for a very long while.
If you're one of the few people who own a Windows RT tablet (don't all raise your hands at once, now), you just got a chunk of your Saturday back. Citing a "situation affecting a limited number of users updating their Windows RT devices to Windows RT 8.1," Microsoft has pulled the upgrade from the ...
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