L.A. mayoral candidates sound off on pot dispensaries

As Los Angeles voters face the possibility of as many as three medical marijuana initiatives on the May ballot, several mayoral candidates have begun to outline their own plans to deal with the proliferation of pot dispensaries — an issue that has ensnared the City Council in countless legal tangles.

At a mayoral forum sponsored by the League of Women Voters last week, four of the five leading candidates argued for paring back the hundreds of pot dispensaries around the city. But Councilman Eric Garcetti said his first goal would be to persuade the federal government to reclassify marijuana as a medicine: "I will advocate that as mayor," he said.

Garcetti, who presided over many of the battles on the issue as council president from 2006 to 2012, said he would also urge state lawmakers to set regulations governing the distribution of medical marijuana.

"The courts say wildly different things because there has not been clear guidance from the state or federal level," he said. At the city level, Garcetti said, he would try to "keep access" while limiting the number of dispensaries. "You charge a fee so you have an enforcement mechanism, and where possible collect taxes" — steps that, he said, would free up law enforcement officers to focus on more serious crime.

City Controller Wendy Greuel called for "compassion" but placed a greater emphasis than Garcetti on tightening regulations on the locations of pot shops in the city.

"I think when people voted in the state of California to allow medical marijuana, they thought they would go to their local CVS pharmacy and get it. They didn't think about the impact it would have on neighborhoods," said Greuel, who is targeting many of the more conservative San Fernando Valley voters. "The bottom line is we have a right to regulate where marijuana clinics are in the city of Los Angeles…. The public is demanding that the government actually do their job."

After the forum, aides to Greuel told The Times she also would support classifying marijuana as a medicine at the federal level.

The city has struggled for years to regulate the placement of pot shops. A loophole in the city's 2007 moratorium allowed hundreds of additional shops to open. The council's efforts to limit the proliferation led to more than 100 lawsuits against the city. In response to complaints from neighborhood activists, the council enacted a ban on storefront marijuana sales last July. But it retreated in October, repealing the ban after a well-organized coalition of marijuana activists mounted an effort to overturn it at the ballot box.

Kevin James, a former federal prosecutor and the sole Republican among the major contenders, said the confusion and legal wrangling illustrated the dysfunction of the council.

"More pot clinics than Starbucks? Unbelievable," James said at Thursday night's forum. "Only this City Council could put a moratorium on 180 or so pot clinics — and it skyrockets to over 1,000."

The five mayoral candidates were pressed to say how many dispensaries should be allowed across the city. James said he favored about 10 in each of the 15 council districts. Garcetti said the original number of dispensaries — approximately 100 — was "about right."

Greuel and Councilwoman Jan Perry said they were hesitant to name an exact number, with Perry adding that she would take her policy cues from the voters in May.

Candidate Emanuel Pleitez, a technology executive who read from notes throughout the forum, argued that "politicians shouldn't be in the business of setting numbers" and should "let the market decide."

Last week the City Council advanced a measure for the May ballot that would permit only the dispensaries that opened before the moratorium to operate; the measure would also raise taxes on marijuana sales. Garcetti backed the request by Councilman Paul Koretz and Council President Herb Wesson asking the city attorney to draw up language for a ballot measure. Perry was absent for the vote.

Two additional — and competing — medical marijuana initiatives have qualified for the May ballot.

One, which is largely backed by dispensaries that opened after the moratorium, would allow many pot shops to remain open, but it would set new requirements for their operations — such as limited hours and maintaining a certain distance from schools. It would raise taxes on medical marijuana by 20% to pay for city enforcement.

The other was created by a coalition of medical marijuana advocates and the United Food and Commercial Workers union, which began organizing dispensary workers last year. Like the City Council-sponsored proposal, it would allow only pot dispensaries that opened before 2007 to operate. Koretz and Wesson have criticized the measure for not mandating that the shops be located farther away from schools, churches and parks.

Some advocates for the union-backed measure now say they probably will support the council's proposal because it too would allow older dispensaries to remain open and has a better chance of passing.

maeve.reston@latimes.com

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Google reportedly ‘actively exploring’ the smartwatch market

In October, Google (GOOG) was granted a patent for a smartwatch with a flip-up display, however it was assumed that the concept, like most patents, would never move beyond the drawing board. A new report from Business Insider claims that the company is now “actively exploring” the idea of producing its own smartwatch and is even looking into ways it could market such a device. Information is slim and it is unclear what size the device would be or if it would even run the company’s Android operating system. Business Insider cautioned that the project is still in a “very early stage” and “it remains to be seen if Google will actually end up bringing a smart watch to market.” As the Pebble has shown, however, there is clearly a market for smartwatches.

[More from BGR: Unlocking your smartphone will be illegal starting next week]

This article was originally published on BGR.com

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Kutcher takes on tech idol Steve Jobs in 'jOBS'

PARK CITY, Utah (AP) — Ashton Kutcher says playing Steve Jobs on screen "was honestly one of the most terrifying things I've ever tried to do in my life."

The 34-year-old actor helped premiere the biopic "jOBS" Friday, which was the closing-night film at the Sundance Film Festival.

Kutcher plays the Apple Inc. founder from the company's humble origins in the 1970s until the launch of the first iPod in 2001. A digital entrepreneur himself, Kutcher said he considers Jobs a personal hero.

"He's a guy who failed and got back on the horse," Kutcher said. "I think we can all sort of relate to that at some point in life."

Kutcher even embodied the Jobs character as he pursued his own high-tech interests off-screen.

"What was nice was when I was preparing for the character, I could still work on product development for technology companies, and I would sort of stay in character, in the mode of the character," he said. "But I didn't feel like I was compromising the work on the film by working on technology stuff because it was pretty much in the same field."

But playing the real-life tech icon who died in 2011 still felt risky, he said, because "he's fresh in our minds."

"It was kind of like throwing myself into this gauntlet of, I know, massive amounts of criticism because somebody's going to go 'well, it wasn't exactly...,'" Kutcher said.

While the filmmakers say they tried to be as historically accurate as possible, there was also a disclaimer at the very end of the credits that said portions of the film might not be completely accurate.

Still, realism was always the focus for Kutcher, who watched "hundreds of hours of footage," listened to Jobs' past speeches and interviewed several of his friends to prepare for the role.

The actor even adopted the entrepreneur's "fruitarian diet," which he said "can lead to some serious issues."

"I ended up in the hospital two days before we started shooting the movie," he said. "I was like doubled over in pain, and my pancreas levels were completely out of whack, which was completely terrifying, considering everything."

Jobs died of complications from pancreatic cancer.

Still, Kutcher was up to the challenge of playing Jobs, in part because of his admiration for the man who created the Macintosh computer and the iPod.

"I admire this man so much and what he's done. I admire the way he built things," Kutcher said. "This guy created a tool that we use every day in our life, and he believed in it when nobody else did."

The film also shows Jobs' less appealing side, withholding stock options from some of the company's original employees and denying child support to the mother of his eldest child.

Kutcher still found the man inspiring. Jobs had a singular focus, Kutcher said, and felt like anyone could change the world.

"I don't know if there's ever been an entrepreneur who's had more compassion and care for his consumer than Steve Jobs," Kutcher said. "He wanted to put something in your hand that you could use and you could use it easily... and he really cared about that."

___

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

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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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Hackers take over sentencing commission website

The hacker-activist group Anonymous says it hijacked the website of the U.S. Sentencing Commission to avenge the death of Aaron Swartz, an Internet activist who committed suicide. The FBI is investigating.

The website of the commission, an independent agency of the judicial branch, was taken over early Saturday and replaced with a message warning that when Swartz killed himself two weeks ago “a line was crossed.”

The hackers say they've infiltrated several government computer systems and copied secret information that they now threaten to make public.

Family and friends of Swartz, who helped create Reddit and RSS, say he killed himself after he was hounded by federal prosecutors. Officials say he helped post millions of court documents for free online and that he illegally downloaded millions of academic articles from an online clearinghouse.

The FBI's Richard McFeely, executive assistant director of the Criminal, Cyber, Response, and Services Branch, said in a statement that “we were aware as soon as it happened and are handling it as a criminal investigation. We are always concerned when someone illegally accesses another person's or government agency's network.”

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We change more than we think, scientists say

Glancing around his study on a recent afternoon, Harvard psychologist Daniel Gilbert's eyes came to rest on his collection of thousands of music CDs, acquired over many years at considerable expense.

"I don't listen to a lot of them anymore," he said. "I was certain I'd listen to Miles Davis until the day I died."

According to his own research, Gilbert is hardly alone in having imagined that he'd always like the same music, or hobbies or friends.

Writing this month in the journal Science, he reported that people at all stages of life tend to believe they won't change much in the future — even as they recognize great shifts in their personalities, values and tastes in the past.

Calling it the "end of history illusion," he and his colleagues suggested that the phenomenon may help explain why people make decisions they later regret: marrying the wrong person or buying an expensive vacation home.

"We recognize it in teenagers," Gilbert said. "We say to them, 'You're not going to like that Megadeth tattoo in 10 years.' But no matter how old you are, you're making the same mistake."

Gilbert, who is 55, said he became interested in studying the end of history illusion based on his own experiences in middle age.

"I've had this sense that I was finished baking — that I'd still be me, but older," he said.

He decided to test that intuition through a series of experiments.

An obvious approach would have been to have subjects make predictions about their future selves, wait 10 years, and see if they were right, Gilbert said. But lacking that kind of lead time, he and his colleagues devised a way to get the same information from a single moment in time.

Recruiting viewers of a popular French documentary hosted by study coauthor Jordi Quoidbach, a postdoctoral researcher in Gilbert's lab, the scientists assigned some to answer questions designed to arrive at core aspects of their identity and to predict how those responses might differ 10 years in the future. Among other things, subjects were asked to list their favorite foods or hobbies, rank values such as success and security, or answer a standard questionnaire designed to home in on personality traits like conscientiousness and emotional stability.

Other volunteers were asked to consider the same traits, but report how they had changed in the past decade.

Pairing up future-focused predictors and backward-looking reporters — such that the predictions of 25-year-olds were compared to the recollections of 35-year-olds, for instance — the researchers found that people consistently acknowledged they had changed a lot in the past but underestimated how much they would change in the future. The results held true for each decade of life between ages 18 and 68.

In all, more than 19,000 people recruited from Quoidbach's show took part in the experiment. Although the effect was stronger in younger people than in older people, it did not disappear, Gilbert said.

Was this merely an interesting quirk, or did it have consequences? To find out, the team conducted another experiment to gauge whether people's unwillingness or inability to recognize how much they'll change in the future leads them to pay too much for things today.

Recruiting an additional 170 subjects online, they asked some to name their favorite music group and say how much they'd pay to see the band in concert 10 years from now. They asked others to recall their favorite band from 10 years ago and say how much they'd pay to see them today.

On average, those in the first group were willing to pay $129 to see their current favorite play in 10 years — 61% more than members of the second group, who would pay only $80, on average, to see their former favorite.

Psychologist Michael Ross, an expert in the study of autobiographical memory at the University of Waterloo in Canada, said it was "novel and audacious" that we tend to see ourselves as fully formed. But many questions about the end of history illusion remain, said Ross, who was not on the research team.

Ross said he'd be interested in further research explaining what causes people to think this way and whether the effect is limited to perceptions of ourselves or also applies to our perceptions of others. Cultural differences may also play a role; perhaps people in East Asian societies, who generally express less satisfaction than people in the West, might perceive change differently, he said.

Though our apparent blindness toward our own mutability might seem to doom us to a lifetime of bad decisions and regrets, Gilbert insisted all was not lost.

"If you want to know how you'll react to something in the future, look at someone who's reacting to it today," he said. "We're not as different from each other as we think."

Then again, he added, previous research has shown that most of us prefer to think we're unique.

eryn.brown@latimes.com

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Apple’s China dilemma: market share or cachet?

HONG KONG (Reuters) – Apple Inc’s third straight disappointing quarter signals an urgent need for the global technology leader to drum up new revenue – and China may provide the answer.

Now more than ever, analysts say, Apple needs to get it right in the world’s most populous country, where it ranks only sixth in annual smartphone sales and Samsung Electronics remains the runaway leader.

Apple’s best plan of attack remains securing a deal with the country’s top mobile carrier by far, China Mobile Ltd. It also needs to push the development of more localized apps and extend installment financing to bring its pricey smartphones within the reach of an urban populace with an average annual income of just $ 3,500.

But it should resist the temptation to just put out a cheaper iPhone, some analysts say. Introducing a long-rumored lower-cost version of the gadget could backfire by diluting Apple’s premium brand – one of its most valuable assets.

“If you think of Apple, it’s like a bright star in the galaxy, shining so brightly and everyone is looking at it. But it might have dimmed a bit as other stars such as Samsung have popped up,” said TZ Wong, an analyst at research firm IDC.

“I don’t think it’s in Apple’s interest to further dim its star power by stepping into the low-end segment.”

With Apple’s product pipeline guarded with the same zeal accorded state secrets, some analysts are focusing instead on what the world’s largest technology company needs to do to finally become a major player in the world’s No. 2 economy.

While iPhone sales leapt 60 percent last quarter, investors worry that, in the longer term, the company may be pricing itself out of a golden opportunity while Samsung and local rivals from Huawei Technologies Co Ltd to ZTE blanket the market with cheaper phones that rival the iPhone in quality and usability.

A deal with China Mobile, the world’s largest mobile phone carrier with more than 700 million users, will prove instrumental but analysts say that may not happen until the issuance of 4G wireless licenses, which could take place later this year or even in 2014.

“The competitive landscape has definitely cranked up a few notches from a year ago. So there is more urgency for Apple to explore its ways to grow,” IDC’s Wong said.

CEO Tim Cook has made it no secret that China is an area of intense focus for the iPad and iPhone maker, especially given the still-low penetration across the country of smartphones and tablets. Apple has said it will continue to expand its retail network there, and in January, Cook flew to Beijing for at least the second time in a year, to meet with pivotal carrier China Mobile.

A STAR IS DIMMED

On Wednesday, Apple missed revenue forecasts for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of consumer electronics is slipping.

Apple’s revenue in China, including neighboring Hong Kong and Taiwan, totaled $ 7.3 billion in the December quarter, up 60 percent from a year earlier.

But there are signs that Apple’s vaunted cachet in the world’s most populous nation is waning.

Recent product launches for the mini-iPad and the iPhone 5 have drawn a relatively subdued response from Chinese consumers, in stark contrast to the fist-fights and egg-hurling at its Beijing store a year ago when sales of the iPhone 4S were delayed.

Since the iPhone 5 went on sale in mid-December, transactions have fallen by half, according to the Taobao Index, the consumer research data website of Internet giant Alibaba Group.

The iPhone is also losing out as consumers opt for bigger screens to watch Chinese soap operas while travelling on trains, or affordable smartphones in the sub-1,000 yuan ($ 160) category made by local vendors.

“When I started using a bigger screen, there was no turning back for me. Small screens don’t work anymore,” said a business executive surnamed Wen, as he swiped the screen on his Samsung Galaxy Note during lunch in Beijing.

Around half of the more than 60 million smartphones shipped in China in the third quarter last year had screens that were bigger than 4 inches, based on IDC’s latest figures. The iPhone 5 comes with a 4-inch screen, while the Galaxy Note II’s screen is 5.5 inches.

Also, local vendors such as Coolpad smartphone maker Yulong Computer Telecommunication Scientific (Shenzhen) Co Ltd, which offers cheaper alternatives, and Meizu Technology Co Ltd, known for its minimalist designs, have seen its legion of fans grow.

Price is a key factor, especially in the Chinese market where around 80 percent of the more than one billion mobile phone users are still on 2G networks.

On the online Taobao website, Coolpads and low-end models made by Huawei Technologies Co Ltd and ZTE Corp are selling at below 1,000 yuan, a sweet spot for many consumers switching from basic phones to smartphones.

Apple has moved to address that, partnering with China Merchants Bank to offer financing and installment options so that buyers can pay with the bank’s credit card when they shop online, media reports said.

Finally, expanding the number of applications customized for China will help grow Apple’s market share but that might need tighter collaboration with Chinese companies, such as Baidu Inc and Tencent Holdings Ltd.

“Consumers will definitely welcome closer cooperation between Apple and Chinese tech firms to customize the iPhone for the use of apps such as Tencent’s WeChat,” said Frederick Wong, executive director of Avant Capital Management (Hong Kong) Ltd, a fund that invests in Apple-related options.

(Editing by Edwin Chan and Richard Chang)

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Dr. Phil to interview alleged girlfriend hoaxer

NEW YORK (AP) — Dr. Phil McGraw has booked the first on-camera interview with the man who allegedly concocted the girlfriend hoax that ensnared Notre Dame football star Manti Te'o.

A "Dr. Phil Show" spokesperson confirmed on Friday the interview with Ronaiah Tuiasosopo (roh-NY-ah too-ee-AH'-so-SO'-poh), the man accused of creating an online persona of a nonexistent woman who Te'o said he fell for without ever meeting face-to-face.

The ruse was uncovered last week by Deadspin.com, which reported that Tuiasosopo created the woman, named Lennay Kekua, who then supposedly died last September.

No further details of the "Dr. Phil" interview, including its airdate, were announced.

This interview follows the first on-camera interview with Te'o conducted this week by Katie Couric.

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Diner’s Journal Blog: PepsiCo Will Halt Use of Additive in Gatorade

PepsiCo announced on Friday that it would no longer use an ingredient in Gatorade after consumers complained.

The ingredient, brominated vegetable oil, which was used in citrus versions of the sports drink to prevent the flavorings from separating, was the object of a petition started on Change.org by Sarah Kavanaugh, a 15-year-old from Hattiesburg, Miss., who became concerned about the ingredient after reading about it online. Studies have suggested there are possible side effects, including neurological disorders and altered thyroid hormones.

The petition attracted more than 200,000 signatures, and earlier this week, Ms. Kavanaugh was in New York City to tape a segment for “The Dr. Oz Show.” She visited The New York Times on Wednesday and while there said, “I just don’t understand why they can’t use something else instead of B.V.O.”

“I was in algebra class and one of my friends kicked me and said, ‘Have you seen this on Twitter?’ ” Ms. Kavanaugh said in a phone interview on Friday evening. “I asked the teacher if I could slip out to the bathroom, and I called my mom and said, ‘Mom, we won.’ ”

Molly Carter, a spokeswoman for Gatorade, said the company had been testing alternatives to the chemical for roughly a year “due to customer feedback.” She said Gatorade initially was not going to make an announcement, “since we don’t find a health and safety risk with B.V.O.”

Because of the petition, though, Ms. Carter said the company had changed its mind, and an unidentified executive there gave Beverage Digest, a trade publication, the news for its Jan. 25 issue.

Previously, a spokesman for PepsiCo had said in an e-mail, “We appreciate Sarah as a fan of Gatorade, and her concern has been heard.”

Brominated vegetable oil will be replaced by sucrose acetate isobutyrate, an emulsifier that is “generally recognized as safe” as a food additive by the Food and Drug Administration. The new ingredient will be added to orange, citrus cooler and lemonade Gatorade, as well Gatorade X-Factor orange, Gatorade Xtremo citrus cooler and a powdered form of the drink called “glacier freeze.”

Ms. Carter said consumers would start seeing the new ingredient over the next few months as existing supplies of Gatorade sell out and are replaced.

Health advocates applauded the company’s move. “Kudos to PepsiCo for doing the responsible thing on its own and not waiting for the F.D.A. to force it to,” said Michael Jacobson, executive director of the Center for Science in the Public Interest.

Mr. Jacobson has championed the removal of brominated vegetable oil from foods and beverages for the last several decades, but the F.D.A. has left it in a sort of limbo, citing budgetary constraints that it says keep it from going through the process needed to formally ban the chemical or declare it safe once and for all.

Brominated vegetable oil is banned as a food ingredient in Japan and the European Union. About 10 percent of drinks sold in the United States contain it, including Mountain Dew, which is also made by PepsiCo; some flavors of Powerade and Fresca from Coca-Cola; and Squirt and Sunkist Peach Soda, made by the Dr Pepper Snapple Group.

PepsiCo said it had no plans to remove the ingredient from Mountain Dew and Diet Mountain Dew, both of which generate more than $1 billion in annual sales.

Heather White, executive director at the Environmental Working Group, said of PepsiCo’s decision, “We can only hope that other companies will follow suit.” She added, “We need to overhaul how F.D.A. keeps up with the latest science on food additives to better protect public health.”

Ms. Kavanaugh agreed. “I’ve been thinking about ways to take this to the next level, and I’m thinking about taking it to the F.D.A. and asking them why they aren’t doing something about it,” she said. “I’m not sure yet, but I think that’s where I’d like to go with this.”

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Sandy and drought propel U.S. insurance losses

The U.S. share of insurance losses from worldwide catastrophes more than doubled in 2012 as Superstorm Sandy lashed the Northeast and the nation suffered its worst drought since the 1930s.

The U.S. accounted for about 90%, or $65 billion, of $72 billion in global losses, according to the Impact Forecasting unit of Aon, the London insurance broker.

That compares with 40% in 2011, when Japan had higher-than-usual costs because of an earthquake and tsunami.

The location and climate of the U.S. make the country more vulnerable than most developed nations to hurricanes, tornadoes, wildfires and drought. U.S. commercial buildings and homes are more likely to have coverage than property in less wealthy nations facing storm risk, such as Nicaragua and Haiti.

"The United States has typically been the main driver of global loss," said Steve Bowen, senior scientist and meteorologist at Impact Forecasting. Bowen said the U.S. typically accounts for about 64% of global insured losses.

The last time the U.S. incurred more than 90% of losses was in 2005, when the country was pummeled by hurricanes including Katrina, Rita and Wilma, he said.

Sandy cost insurers about $28.2 billion, compared with $78.2 billion for Katrina when adjusted to 2012 dollars, Impact said. Additionally, crop insurance claims climbed to a record, with farmers collecting more than $11.5 billion for damage in 2012, according to a Risk Management Agency report published on the U.S. Department of Agriculture website.

Travelers Cos., the lone insurer in the Dow Jones industrial average, said this week that fourth-quarter profit fell 51% on claims from Sandy.

The KBW Insurance Index of 24 U.S.-listed companies gained 16% in the past 12 months, compared with the 20% rally in the 75-company Bloomberg World Insurance Index.

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LAUSD principal failed to report alleged molestation by teacher

A now-retired principal twice failed to report accusations of sexual misconduct by a teacher who this week was charged with molesting 12 students at a Wilmington elementary school, officials said.

In 2002 and 2008, the principal was told that the teacher, Robert Pimentel, 57, inappropriately touched a student. But the principal failed to tell law enforcement authorities, as required by law, said L.A. schools Supt. John Deasy.

The Los Angeles Police Department began investigating Pimentel only last March, when they learned of more recent allegations at George de la Torre Jr. Elementary School.

LAPD Capt. Fabian Lizarraga said Thursday that detectives will launch an investigation into whether the principal, Irene Hinojosa, should face charges for failing to report alleged abuse. She could not be reached for comment Thursday.

It remains unclear why Hinojosa did not tell authorities about the accusations. The 2008 allegation also occurred at De la Torre, where she was principal. The 2002 allegation was made when Pimentel was a teacher and Hinojosa the principal at Dominguez Elementary in Carson, Deasy said.

At De la Torre, volunteer Magdalena Gonzalez said Thursday that Hinojosa had been made aware of several questionable incidents involving Pimentel.

Three years ago, she said, a girl told her parent that Pimentel had playfully spanked students. Gonzalez also said she and other volunteers saw Pimentel pull on a student's bra strap during a fifth-grade graduation ceremony.

Gonzalez alleged that Hinojosa was dismissive of their complaints and that she allowed Pimentel to have students in his classroom during recess and lunch despite their misgivings.

"We told her he was touching the girls," Gonzalez said in Spanish.

School employees are required by law to report allegations of sexual misconduct to police. They also are supposed to report such issues to their supervisors, according to school district policies.

The revelations angered parents and once again placed the Los Angeles Unified School District under scrutiny over its handling of student-abuse cases. A state audit released last November found that Los Angeles school officials failed to promptly report nearly 150 cases of suspected misconduct to state authorities, including allegations of sexual contact with students.

The audit resulted from the furor over the case of a Miramonte Elementary School teacher who last year was accused of spoon-feeding his semen to blindfolded students, giving them tainted cookies and taking bizarre photos of them. The school had received previous complaints about the teacher, Mark Berndt, that had resulted in no discipline. Berndt has pleaded not guilty to lewd conduct.

On Thursday, Deasy criticized the handling of the De la Torre case by the state Commission on Teacher Credentialing. He said the district informed the state of the allegations as soon as they came to light, but the commission has not suspended or revoked the credential of either educator.

If Pimentel had applied to work as a substitute teacher at another school system, for example, the state would have reported him in good standing as recently as Thursday.

A spokeswoman said the commission cannot automatically suspend a teacher's credential until charges are filed. But the commission does have the discretion to act sooner, said Erin Sullivan, who said state law prevents her from commenting on specific cases.

Hinojosa's case is "scheduled to be taken up by the commission" next Thursday at its regular meeting, she added.

Pimentel is charged with seven counts of lewd and lascivious acts on children under 14 and with eight felony counts of continuous sexual abuse involving eight victims. The charges cover the period from September 2011 to March 2012, when Pimentel worked at De la Torre. He was charged with molesting 12 students, but police allege there is a total of 20 child victims and one adult victim.

Pimentel was taken into custody shortly after noon Wednesday and was being held on $12 million bail. He pleaded not guilty Thursday, and his attorney Richard Knickerbocker said he is "absolutely innocent."

Knickerbocker described the touching as appropriate and said it fell within district policy.

In one instance, Pimentel hugged a girl and "gave her a kiss on the forehead," Knickerbocker said. Pimentel, he said, never touched "any private parts."

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Samsung puts lid on capex for first time since financial crisis

SEOUL (Reuters) – Samsung Electronics Co turned cautious on spending for the first time since the global financial crisis, keeping its annual investment plan unchanged at 2012 levels, as demand for computer chips wanes and the smartphone market slows.

Samsung, one of the industry’s most aggressive spenders, has ramped up capital expenditure every year since 2004 except 2009 to meet soaring demand for its array of consumer electronics and mobile devices. It sold a record 700,000 smartphones a day in the last quarter.

But with the personal computer market shrinking for the first time in 11 years, the global smartphone market growing more slowly, and Apple Inc moving to buy fewer of Samsung‘s microprocessors used in the iPhone and iPad, the South Korean IT giant is now forced to keep a lid on spending.

“Overall its earnings momentum remains intact, and smartphone shipments will continue to grow even in the traditionally weak first quarter, as Samsung’s got a broader product line-up and Apple appears to be struggling in pushing iPhone volumes aggressively,” said Lee Se-chul, a Seoul-based analyst at Meritz Securities.

Samsung, which reported a record quarterly and annual profit on Friday, said it would keep 2013 capital expenditure unchanged from 2012.

“The key word for us in investment in 2013 is flexibility. We’ll decide as the market demand dictates,” Robert Yi, head of Samsung’s investor relations, told analysts.

Data from the company shows Samsung started to slow down planned investment in the last quarter.

Samsung said it spent 4.4 trillion won in October-December, pushing its 2012 investment to a record 23 trillion won ($ 21.5 billion). But the company said in October that it was on course to spend 25 trillion won in 2012.

Analysts had expected a 4-20 percent cut in Samsung’s 2013 capital spending.

By contrast, Taiwanese rival TSMC is planning to raise its capital expenditure to $ 9 billion this year, aimed in part at winning Apple orders away from Samsung.

Shares in Samsung fell 2.1 percent as of 0250 GMT, lagging a 1.1 percent decline in the wider market.

RECORD EARNINGS

Samsung had poured money into factories to boost production of chips and panels used in Apple products and its Galaxy range devices, pushing its operating profit to 8.84 trillion won in the last quarter. The 89 percent increase from a year earlier was in line with its earlier estimate.

Profit at its mobile devices division, which makes phones, tablets and cameras, more than doubled to 5.44 trillion won in the quarter from a year earlier, lifted by a broader offering of smartphones – from the very cheap to the very expensive.

The division accounted for 62 percent of Samsung’s overall fourth-quarter profit, up from 55 percent a year earlier.

Samsung is also seeing strong sales of its Note phablet, which analysts expect to help Samsung get through any seasonal weakness better than rivals.

Samsung, which doesn’t provide a breakdown of smartphone sales, is estimated to have sold around 63 million smartphones in the last quarter, including 15 million Galaxy S IIIs and 7 million Note IIs.

The company also said 2012 operating profit rose 86 percent to an all-time high of 29 trillion won.

SAMSUNG VS APPLE

Samsung sold 213 million smartphones last year and enlarged its share of the global market to 30.4 percent from around 20 percent in 2011, a report by market research firm Strategy Analytics showed on Friday. The sharp increase reflects Samsung’s aggressive marketing of its wide product range.

Apple’s share of the market shrank slightly to 19.4 percent from 19.0 percent in 2011, according to the report.

Globally, sales of smartphones surged 42.7 percent last year to 700 million, Strategy Analytics said.

Samsung said on Friday it expects the global smartphone segment to shrink in January-March from the seasonally strong fourth quarter, and that growth of the overall handset market will slow to the mid single-digits this year.

The forecast is in line with industry estimates, with signs of a slowdown having already emerged.

Apple shipped 47.8 million iPhones in the three months ended December, a record that nonetheless disappointed many analysts accustomed to years of outperformance. The Cupertino, California-based company also missed Wall Street’s revenue forecast for a third straight quarter as iPhone sales lagged expectations.

Apple shares have dropped by more than a third since mid-September as investors fret that its days of hyper growth are over and its devices are no longer as ‘must-have’ as they were.

By contrast, shares in Samsung have risen 12 percent in the same period as the company once seen as quick to copy the ideas of others now sets the pace in innovation.

At the world’s biggest electronics show in Las Vegas this month, Samsung unveiled a prototype phone with a flexible display that can be folded almost like paper, and a microchip with eight processing cores, creating a buzz that these may be used in the next Galaxy range.

“It’s very probable to us that the Exynos 5 Octa (processor) will find its way into the Galaxy S4,” UBS analyst Nicolas Gaudois wrote in a recent note.

“It also looked as if the curved display is close enough to finished product. We came away even more convinced that displays will provide significant differentiation to Samsung devices, and application processors will materially grow over time,” Gaudois said. ($ 1 = 1066.2000 Korean won)

(Reporting by Miyoung Kim; Editing by Ryan Woo)

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Voice of Te'o prankster? Couric plays voicemails

NEW YORK (AP) — The person Manti Te'o says was pretending to be his online girlfriend told the Notre Dame linebacker "I love you" in voicemails that were played during his interview with Katie Couric.

Taped earlier this week and broadcast Thursday, the hour-long talk show featured three voicemails that Te'o claims were left for him last year. Te'o said they were from the person he believed to be Lennay Kekua, a woman he had fallen for online but never met face-to-face.

After the first message was played, Te'o said: "It sounds like a girl, doesn't it?"

"It does," Couric responded.

The interview was the All-American's first on camera since his tale of inspired play after the deaths of his grandmother and girlfriend on the same day in September unraveled as a bizarre hoax in an expose by Deadspin.com on Jan. 16.

Te'o's parents appeared with him for part of the interview and backed up his claim that he wasn't involved in the fabrication, saying they, too, had spoken on the phone with a person they believed to be Kekua.

Couric addressed speculation that the tale was concocted by Te'o as a way to cover up his sexual orientation. Asked if he were gay, Te'o said "no" with a laugh. "Far from it. Faaaar from that."

He also said he was "scared" and "didn't know what to do" after receiving a call on Dec. 6 — two days before the Heisman Trophy presentation — from a person who claimed to be his "dead" girlfriend.

The first voicemail, he said, was from what was supposed to be Kekua's first day of chemotherapy for leukemia.

"Hi, I am just letting you know I got here and I'm getting ready for my first session and, um, just want to call you to keep you posted. I miss you. I love you. Bye," the person said.

In the second voicemail, the person was apparently upset by someone else answering Te'o's phone.

The third voicemail was left on Sept. 11, according to Te'o, the day he believed Kekua was released from the hospital and the day before she "died."

"Hey babe, I'm just calling to say goodnight," the person on the voicemail said. "I love you. I know that you're probably doing homework or you're with the boys. ... But I just wanted to say I love you and goodnight and I'll be ok tonight. I'll do my best. Um, yeah, so get your rest and I'll talk to you tomorrow. I love you so much, hon. Sweet dreams."

Couric suggested the person who left those messages might have been Ronaiah Tuisasosopo, a 22-year-old man from California, who Te'o said has apologized to him for pulling the hoax.

"Do you think that could have been a man on the other end of the phone?" she asked.

"Well, it didn't sound like a man," Te'o said. "It sounded like a woman. If he somehow made that voice, that's incredible. That's an incredible talent to do that. Especially every single day."

Tuiasosopo has not spoken publicly since news of the hoax broke. The Associated Press has learned that a home in California where Te'o sent flowers to the Kekua family was once a residence of Tuiasosopo and has been in his family for decades.

Also on Thursday, the woman whose pictures were used in fake online accounts for Kekua said Tuiasosopo confessed to her in a 45-minute phone conversation as the scheme unraveled.

Diane O'Meara spoke with The Associated Press in a telephone interview. She said Tuiasosopo told her he'd been "stalking" her Facebook profile for five years and stealing photos.

O'Meara's attorney, Jim Artiano, said they had not decided on whether to take any legal action.

The 23-year-old O'Meara, of Long Beach, Calif., said she knew Tuiasosopo from high school and he contacted her through Facebook on Dec. 16. She said that, over the next three weeks, Tuiasosopo got in touch with her several times, attempting to get photos and video of O'Meara. She said he made up a story about wanting them to help cheer up a cousin who was injured in a car crash.

O'Meara learned her identity had been stolen on Jan. 13 when she was contacted by Deadspin.com.

The next day she got in touch with Tuiasosopo.

"When I contacted Ronaiah I got a very bizarre vibe from him, he became very nervous, he wasn't asking the questions I expected. He was asking 'Who contacted you? What did they say?'" O'Meara said.

Later that day, he confessed, O'Meara said. She said she asked Tuiasosopo why he didn't simply stop the hoax.

"He told me he wanted to end the relationship," O'Meara said. "He said he wanted to stop the relationship between Lennay and Manti, but Manti didn't want Lennay to break up with him ... He said he tried to stop the game many times."

When news of the hoax broke a few days later, O'Meara said she received a text from Tuiasosopo asking her to call him as soon as possible. O'Meara said she didn't respond.

___

Associated Press writer Tami Abdollah contributed to this report from Los Angeles.

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The New Old Age Blog: Grief Over New Depression Diagnosis

When the American Psychiatric Association unveils a proposed new version of its Diagnostic and Statistical Manual of Mental Disorders, the bible of psychiatric diagnoses, it expects controversy. Illnesses get added or deleted, acquire new definitions or lists of symptoms. Everyone from advocacy groups to insurance companies to litigators — all have an interest in what’s defined as mental illness — pays close attention. Invariably, complaints ensue.

“We asked for commentary,” said David Kupfer, the University of Pittsburgh psychiatrist who has spent six years as chairman of the task force that is updating the handbook. He sounded unruffled. “We asked for it and we got it. This was not going to be done in a dark room somewhere.”

But the D.S.M. 5, to be published in May, has generated an unusual amount of heat. Two changes, in particular, could have considerable impact on older people and their families.

First, the new volume revises some of the criteria for major depressive disorder. The D.S.M. IV (among other changes, the new manual swaps Roman numerals for Arabic ones) set out a list of symptoms that over a two-week period would trigger a diagnosis of major depression: either feelings of sadness or emptiness, or a loss of interest or pleasure in most daily activities, plus sleep disturbances, weight loss, fatigue, distraction or other problems, to the extent that they impair someone’s functioning.

Traditionally, depression has been underdiagnosed in older adults. When people’s health suffers and they lose friends and loved ones, the sentiment went, why wouldn’t they be depressed? A few decades back, Dr. Kupfer said, “what was striking to me was the lack of anyone getting a depression diagnosis, because that was ‘normal aging.’” We don’t find depression in old age normal any longer.

But critics of the D.S.M. 5 now argue that depression may become overdiagnosed, because this version removes the so-called “bereavement exclusion.” That was a paragraph that cautioned against diagnosing depression in someone for at least two months after loss of a loved one, unless that patient had severe symptoms like suicidal thoughts.

Without that exception, you could be diagnosed with this disorder if you are feeling empty, listless or distracted, a month after your parent or spouse dies.

“D.S.M. 5 is medicalizing the expected and probably necessary process of mourning that people go through,” said Allen Frances, a professor emeritus at Duke who chaired the D.S.M. IV task force and has denounced several of the changes in the new edition. “Most people get better with time and natural healing and resilience.”

If they are diagnosed with major depression before that can happen, he fears, they will be given antidepressants they may not need. “It gives the drug companies the right to peddle pills for grief,” he said.

An advisory committee to the Association for Death Education and Counseling also argued that bereaved people “will receive antidepressant medication because it is cheaper and ‘easier’ to medicate than to be involved therapeutically,” and noted that antidepressants, like all medications, have side effects.

“I can’t help but see this as a broad overreach by the APA,” Eric Widera, a geriatrician at the University of California, San Francisco, wrote on the GeriPal blog. “Grief is not a disorder and should be considered normal even if it is accompanied by some of the same symptoms seen in depression.”

But Dr. Kupfer said the panel worried that with the exclusion, too many cases of depression could be overlooked and go untreated. “If these things go on and get worse over time and begin to impair someone’s day to day function, we don’t want to use the excuse, ‘It’s bereavement — they’ll get over it,’” he said.

The new entry for major depressive disorder will include a note — the wording isn’t final — pointing out that while grief may be “understandable or appropriate” after a loss, professionals should also consider the possibility of a major depressive episode. Making that distinction, Dr. Kupfer said, will require “good solid clinical judgment.”

Initial field trials testing the reliability of D.S.M. 5 diagnoses, recently published in The American Journal of Psychiatry, don’t bolster confidence, however. An editorial remarked that “the end results are mixed, with both positive and disappointing findings.” Major depressive disorder, for instance, showed “questionable reliability.”

In an upcoming post, I’ll talk more about how patients might respond to the D.S.M. 5, and to a new diagnosis that might also affect a lot of older people — mild neurocognitive disorder.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

---

This post has been revised to reflect the following correction:

Correction: January 24, 2013

An earlier version of this post misspelled the surname of a professor emeritus at Duke who chaired the D.S.M. IV task force. He is Allen Frances, not Francis.

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Lawmaker questions Disney's plan for wristband data

A congressman from Massachusetts raised questions Thursday about how Walt Disney Co. will use information it collects when it gives parkgoers new wristbands embedded with computer chips.

Edward J. Markey (D-Mass), who co-chairs a congressional panel on privacy, asked Walt Disney Co. Chairman and Chief Executive Robert A. Iger in a letter what information the park will collect with the so-called MagicBand and how it will be used.

"Widespread use of MagicBand bracelets by park guests could dramatically increase the personal data Disney can collect about its guests," he said, adding that he is particularly concerned at the prospects of Disney collecting information about children.

Disney announced recently that it plans to unveil this spring at Walt Disney World in Florida a wristband embedded with radio frequency identification chips. A unique code in each chip lets parkgoers pay to enter the park, check into Disney hotels and buy food and souvenirs, among other things.

Disney officials promoted the wristbands as a way to make visiting the park easier. The wristbands will let Disney use the data to customize future offerings and marketing pitches.

Disney officials say they have no plans yet to introduce the wristbands at Disneyland or Disney California Adventure Park in Anaheim.

In a three-page letter, Markey said he is "deeply concerned that Disney's proposal could potentially have a harmful impact on our children." He asked whether parkgoers will have a chance to opt out of sharing their information and, if not, whether Disney will share the data with other companies.

A spokesman for Markey said his office had not received a response from Disney on Thursday, but in a statement to The Times, the company said participation in the wristband program was optional.

"In addition, guests control whether their personal information is used for promotional purposes, and no data collected is ever used to market to children," the statement said.

If parkgoers agree to release such information it can be used for marketing, Disney officials confirmed.

hugo.martin@latimes.com

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Fontana school police are armed with semiautomatic rifles

Police officers in the Fontana Unified School District were armed recently with semiautomatic rifles, drawing sharp criticism and sparking an effort to ban such weapons on school campuses.

The Colt military-style rifles, which cost about $1,000 each, are kept in safes when officers are on campus and will be used only in "extreme emergency cases" like the massacre in Newtown, Conn., Supt. Cali Olsen-Binks said.

The district purchased the rifles in October and received them in December, before the tragedy in Newtown, where a gunman killed 26 people — 20 of them children — at an elementary school. The shooting sparked debate on whether armed school guards could prevent these types of tragedies.

The purchase was not spurred by a specific event, Fontana Unified School District police Chief Billy Green said. The rifles are designed to increase shooting accuracy and provide the 14 officers with more effective power against assailants wearing body armor, Green said, adding that those capabilities are necessary for officers to stop a well-armed gunman.

"If you know of a better way to stop someone on campus that's killing children or staff members with a rifle, I'd like to hear it," he said. "I don't think it's best to send my people in to stop them with just handguns."

"I hope we would never have to use it," Green said. "But if we do, I'd like them to be prepared."

Several other school districts have similar weapons but policies differ on whether they are brought on campus or left in patrol car trunks or administration buildings.

Fontana school police bought the guns for about $14,000, which fell below the threshold that requires school board approval. School board members were not informed until after the purchase.

Board member Leticia Garcia said the police chief and superintendent should have alerted the five-member board and held a public hearing on the issue. She said arming officers with such weapons is a policy matter and should have been decided by the entire school district community, especially in light of the ongoing debate around the country.

Garcia, whose son attends Fontana High School, said she is working with local state legislators to draft a bill that would keep school police departments from taking these types of weapons onto campuses.

"We're turning our schools into a militarized zone," she said.

But the Fontana school superintendent said she believes it's a necessary evil to have the guns on campus to keep the 40,000-plus students and staff members safe. Officers have gone through training for the weapons, Olsen-Binks said.

"It balances providing that community-oriented openness at schools without compromising any kind of security for students and employees," she said.

Although she stopped short of saying the matter should have been put before the board, Olsen-Binks said doing so might have helped ease concerns.

"Having an opportunity for more community discussion is always a good thing," she said.

The rifles are kept either in the trunk of the police officer's vehicle or in a safe on campus.

Still, Garcia worries that bringing such a weapon on campus could lead to it falling into the wrong hands. An officer could be overtaken or someone could gain access to the safe, she said.

"Teenagers can get creative," Garcia said.

Green, however, dismissed that concern as unrealistic.

The Los Angeles Unified School District's police department has issued "patrol rifles" to officers on an as-needed basis, the district said in a statement. The department does not disclose the number of rifles given to officers.

Most San Diego Unified School District police officers have AR-15 rifles, Lt. Joe Florentino said. But the department did not buy the weapons; rather, officers were allowed to purchase their own — which many did, he said.

The rifles are kept in the trunk of the officer's vehicle and are not brought into school buildings. Although there is no policy yet, bringing the rifles into buildings is something the department is looking at, Florentino said.

"From a safety standpoint, we have police officers that want the weapons close by," he said. "If we keep them in the vehicle trunk, they would have to run to the car and grab it if they need it."

stephen.ceasar@latimes.com

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Apple’s iPhone disappointment fans doubt on growth

SAN FRANCISCO (Reuters) – Apple Inc missed Wall Street’s revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of the mobile industry was slipping.

Shares of the world’s largest tech company fell 10 percent to $ 463 in after-hours trade, wiping out some $ 50 billion of its market value – nearly equivalent to that of Hewlett-Packard and Dell, combined.

On Wednesday, Apple said it shipped a record 47.8 million iPhones in the December quarter, up 29 percent from the year-ago period. But that lagged the 50 million that analysts on average had projected.

Expectations heading into the results had been subdued by news of possible production cutbacks by some component suppliers in Asia, triggering fears that demand for the iPhone, which accounts for half of Apple‘s revenue, and the iPad could be slowing.

But many investors clung to hopes for a repeat of years of historical outperformance, analysts said.

“It’s going to call into question Apple‘s dominance in the space. It’s still one of the strong players, the others being Samsung and Google. It’s still a two-horse race, but Android continues to grow rapidly,” said Sterne Agee analyst Shaw Wu.

“If you step back a bit, it’s clear they shipped a lot of phones. But the problem is the high expectations that investors have. Apple‘s conservative guidance highlights the concerns over production cuts coming out of Asia recently.”

Apple projected revenue of $ 41 billion to $ 43 billion in the current, second fiscal quarter, lagging the average Wall Street forecast of more than $ 45 billion.

Fiscal first quarter revenue rose 18 percent to $ 54.5 billion, below the average analyst estimate of $ 54.73 billion, though earnings per share of $ 13.81 beat the Street forecast of $ 13.47, according to Thomson Reuters I/B/E/S.

Apple also undershot revenue targets in the previous two quarters, and these results will prompt more questions on what Apple has in its product pipeline, and what it can do to attract new sales and maintain its growth trajectory, analysts said.

Net income of $ 13.07 billion was virtually flat with $ 13.06 billion a year earlier on higher manufacturing costs. The year-ago quarter also had an extra week compared to this year.

Gross margins consequently slid to 38.6 percent, from 44.7 percent previously.

“You can’t just keep rolling out iPhones and iPads and think that everybody needs a new one,” said Jeffrey Gundlach, who runs DoubleLine Capital LP, the $ 53 billion bond firm. “The mini? What is that all about? It is a slightly smaller iPad — so what? So that is our new definition of innovation?”

“There are plenty of competitors like Samsung and other legitimate competitors like them,” added Gundlach, one of the highest-profile Apple bears. He maintains a $ 425 price target.

Shares of several of Apple‘s suppliers crumbled. Chip suppliers Skyworks and Cirrus Logic both fell more than 6 percent. Qualcomm Inc slipped 1.8 percent.

CHINA IS NEXT BIG GROWTH DRIVER

Apple shares are down nearly 30 percent from a record high in September, in part on worries that its days of hyper growth are over and its mobile devices are no longer as popular.

Intense competition from Samsung‘s cheaper phones – powered by Google’s Android software – and signs that the premium smartphone market may be close to saturation in developed markets have also caused a lot of investor anxiety.

Meanwhile, sales of the iPad came in at 22.9 million in the fiscal first quarter, roughly in line with forecasts.

On the brighter side, Chief Financial Officer Peter Oppenheimer told Reuters that iPhone sales more than doubled in greater China – a region that Apple Chief Executive Tim Cook has vowed to focus on as its next big growth driver.

The company will begin detailing results from that country going forward. Revenue from the region totaled $ 7.3 billion, up 60 percent from the year-ago December quarter.

“These results were OK, but they definitely raised a few questions,” said Shannon Cross, analyst with Cross Research. “Gross margin trajectory looks fine so that’s a positive and cash continues to grow. But I think investors are going to want to know what Apple plans to do with growing cash balance.”

“And other questions are going to be around innovation and where the next products are coming from and what does Tim Cook see in the next 12 to 18 months.”

ADDRESSING PRODUCTION RUMORS

In an unusual move for Apple, which typically does not respond to speculation, Cook addressed the production cutback rumors at length on the conference call and questioned the accuracy of rumors about its plans.

Media reports earlier this month said the company is slashing orders for iPhone 5 and iPad screens and other components from its Asian suppliers.

“Even if a particular data point were factual, it would be impossible to accurately interpret the data point as to what it meant for our overall business, because the supply chain is very complex,” he said, adding that Apple has multiple sources for components.

“Yields might vary. Supplier performance can vary. The beginning inventory positions can vary. There’s just an inordinately long list of things that would make any single data point not a great proxy for what’s going on,” he said.

Apple‘s initial iPhone and iPad mini sales were hurt by supply constraints, but Cook expects supply to balance demand for the iPad mini this quarter. He also acknowledged that iPad was cannibalizing its high-margin Macintosh computers, but said it was a huge opportunity for the company.

“On iPad in particular, we have the mother of all opportunities here, because the Windows market is much, much larger than the Mac market is,” he said. And I think it is clear that it’s already cannibalizing some.”

In another departure from tradition, Apple intends to tweak the way it both reports results and publishes forecasts.

Apart from breaking out results from China, the company also will no longer provide a single revenue or gross margin outlook. From Wednesday, it began providing the range it expects to hit, rather than the often-ludicrously conservative estimates that Apple was once notorious for.

The new policy took many by surprise.

“Before people could always ignore the guidance,” said Dan Niles, Chief Investment Officer of AlphaOne Capital Partners, LLC. “Apple is telling investors that they need to pay attention to the guidance and you can’t ignore it, which is basically what we all did in the past.”

(Additional reporting by Alistair Barr and Alexei Oreskovic in San Francisco and Jennifer Ablan in New York; Editing by Bernard Orr and Edwin Chan)

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Artist Christo takes small steps on Colo. project

DENVER (AP) — Construction of the proposed "Over the River" project in Colorado is on hold pending legal challenges, but artist Christo said Wednesday his team is doing other work so he can one day suspend nearly six miles worth of silvery fabric in sections over the Arkansas River.

Railroad tracks are being cleared along the project route that traces U.S. 50 between Canon City and Salida, and work is beginning to mitigate impacts to bighorn sheep.

Christo is also preparing for his upcoming exhibit in Oberhausen in Germany of "Big Air Package," a 295-foot air-filled fabric bubble that will help raise funds for Over the River, which has cost $13 million so far.

As envisioned by Christo and his late wife, Jeanne-Claude, Over the River would be displayed for two weeks in late summer. The earliest it could be displayed is August 2016, but even that timeline may be unlikely.

The Bureau of Land Management's approval of a permit for it is being appealed, and a group called Rags Over the Arkansas River has filed lawsuits challenging permit approvals by the BLM and Colorado State Parks.

Opponents contend the project poses environmental, safety, traffic and economic risks and will require more than two years of industrial-scale construction work. Christo's team has said it plans dozens of measures to mitigate impacts.

Christo and Jeanne-Claude's massive projects have survived delays before.

"I don't consider it a pause," Christo said. "It's part of the dynamics of the project."

During the work on Over the River, he also is actively working on The Mastaba, a giant sculpture of 410,000 barrels planned for Abu Dhabi that he conceived in 1977. Because he is 77, Christo said he is trying to complete both projects simultaneously rather than focusing on one at a time.

Christo was in Denver for an exhibit Wednesday at Metropolitan State University of Denver's Center for Visual Art of two sketches he donated to Colorado.

___

Find Catherine Tsai on Twitter at http://www.twitter.com/ctsai_denver

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Well: Long Term Effects on Life Expectancy From Smoking

It is often said that smoking takes years off your life, and now a new study shows just how many: Longtime smokers can expect to lose about 10 years of life expectancy.

But amid those grim findings was some good news for former smokers. Those who quit before they turn 35 can gain most if not all of that decade back, and even those who wait until middle age to kick the habit can add about five years back to their life expectancies.

“There’s the old saw that everyone knows smoking is bad for you,” said Dr. Tim McAfee of the Centers for Disease Control and Prevention. “But this paints a much more dramatic picture of the horror of smoking. These are real people that are getting 10 years of life expectancy hacked off — and that’s just on average.”

The findings were part of research, published on Wednesday in The New England Journal of Medicine, that looked at government data on more than 200,000 Americans who were followed starting in 1997. Similar studies that were done in the 1980s and the decades prior had allowed scientists to predict the impact of smoking on mortality. But since then many population trends have changed, and it was unclear whether smokers today fared differently from smokers decades ago.

Since the 1960s, the prevalence of smoking over all has declined, falling from about 40 percent to 20 percent. Today more than half of people that ever smoked have quit, allowing researchers to compare the effects of stopping at various ages.

Modern cigarettes contain less tar and medical advances have cut the rates of death from vascular disease drastically. But have smokers benefited from these advances?

Women in the 1960s, ’70s and ’80s had lower rates of mortality from smoking than men. But it was largely unknown whether this was a biological difference or merely a matter of different habits: earlier generations of women smoked fewer cigarettes and tended to take up smoking at a later age than men.

Now that smoking habits among women today are similar to those of men, would mortality rates be the same as well?

“There was a big gap in our knowledge,” said Dr. McAfee, an author of the study and the director of the C.D.C.’s Office on Smoking and Public Health.

The new research showed that in fact women are no more protected from the consequences of smoking than men. The female smokers in the study represented the first generation of American women that generally began smoking early in life and continued the habit for decades, and the impact on life span was clear. The risk of death from smoking for these women was 50 percent higher than the risk reported for women in similar studies carried out in the 1980s.

“This sort of puts the nail in the coffin around the idea that women might somehow be different or that they suffer fewer effects of smoking,” Dr. McAfee said.

It also showed that differences between smokers and the population in general are becoming more and more stark. Over the last 20 years, advances in medicine and public health have improved life expectancy for the general public, but smokers have not benefited in the same way.

“If anything, this is accentuating the difference between being a smoker and a nonsmoker,” Dr. McAfee said.

The researchers had information about the participants’ smoking histories and other details about their health and backgrounds, including diet, alcohol consumption, education levels and weight and body fat. Using records from the National Death Index, they calculated their mortality rates over time.

People who had smoked fewer than 100 cigarettes in their lifetimes were not classified as smokers. Those who had smoked at least 100 cigarettes but had not had one within five years of the time the data was collected were classified as former smokers.

Not surprisingly, the study showed that the earlier a person quit smoking, the greater the impact. People who quit between 25 and 34 years of age gained about 10 years of life compared to those who continued to smoke. But there were benefits at many ages. People who quit between 35 and 44 gained about nine years, and those who stopped between 45 and 59 gained about four to six years of life expectancy.

From a public health perspective, those numbers are striking, particularly when juxtaposed with preventive measures like blood pressure screenings, colorectal screenings and mammography, the effects of which on life expectancy are more often viewed in terms of days or months, Dr. McAfee said.

“These things are very important, but the size of the benefit pales in comparison to what you can get from stopping smoking,” he said. “The notion that you could add 10 years to your life by something as straightforward as quitting smoking is just mind boggling.”

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Apple shares tumble after relatively unimpressive earnings report

Apple Inc. may still make products customers love, but its latest earnings report appears to have broken investors' hearts.

For the third quarter in a row, Apple reported revenue and profit that were impressive by normal standards, but short of what analysts had expected. Investors reacted harshly, driving Apple's stock price down more than 10% in after-hours trading Wednesday.

If that trend holds when trading opens Thursday, Apple will have lost almost $50 billion in market value in the blink of an eye, and its stock will have given up almost all the extraordinary gains it had made in the last year. Investors' and fund managers' belief in one of the world's most widely held stocks will be severely tested in the coming days.

More fundamentally, despite upbeat talk by Apple Chief Executive Tim Cook, the performance is unlikely to quell growing worries that Apple's remarkable run of dominance might be over.

"Overall, compared to other companies, it's impressive. But for Apple's standards, it's not great," said Patrick Moorhead of Moor Insights & Strategy. "I do think this somewhat fuels the perception that Apple is slowing down a bit.... And it's driven by the fact that some of its competitors are catching up, and in some markets have already caught up."

Apple executives did their best during an hourlong conference call with analysts to project optimism and excitement about both the last quarter and the months ahead. They noted that the company had trouble meeting demand for both iPads and Macs, and could have sold many more had they been able to build enough.

They also pointed to a growing business in China and the expansion of iTunes, which is now available in 119 countries.

"Apple is in one of the most prolific periods of innovation in its history," Cook said. "We continue to believe our fundamentals, our remarkable people, our clear and focused strategy will serve us well in the coming months and years ahead."

Cook praised the record numbers posted by Apple. For the three months that ended in December, Apple said revenue increased 18% to a record $54.5 billion. Profit also set an all-time high but was up only slightly from the year-earlier quarter, rising to $13.08 billion, or $13.81 a share, from $13.06 billion, or $13.87.

Apple said it sold a record 47.8 million iPhones last quarter, up from 37 million iPhones in the same quarter of 2011. Despite that massive figure, some analysts had hoped to see stronger demand with sales exceeding 50 million.

"Meeting expectations is not enough for Apple," said Colin Gillis of BGC Financial. "So that's a little bit of a disappointment…. International sales were a little weaker than people expected. So we'll see how that shakes out."

Last quarter saw the introduction of the iPad mini, a 7.9-inch version of Apple's popular tablet computer. The Cupertino, Calif., company said it sold a total of 22.9 million iPads in the quarter, also a record, up from 15.4 million a year earlier. The company didn't break out iPad mini numbers from its total tablet sales, but Chief Financial Officer Peter Oppenheimer told analysts that the smaller version has been a hit and that the company experienced significant backlog getting the product to store shelves. The 22% lower average selling price for Apple's tablets suggests the mini has performed well but probably cannibalized some sales of its 9.7-inch version.

Historic comparisons were challenging this year because the most recent quarter had only 13 weeks, compared with 14 weeks for the same quarter of 2011.

Like many retailers and consumer electronics companies, the quarter from October to December is typically Apple's largest because of the holiday shopping season. Last year, Apple managed to stun investors by beating its own revenue estimates by more than 25% and earnings forecast by nearly 50%. That sent the stock soaring.

But even as Apple extended its lead as the world's most valuable company, and set a record in August for most valuable company ever when not adjusted for inflation, doubts began to creep into the minds of analysts and investors.

Shares have plummeted 27% in the last four months. On Wednesday, shares rose $9.24, or 1.8%, to $514.01 during regular trading.

Apple reported strong earnings in both the third and fourth quarters last year, but the numbers missed analysts' consensus estimates. Gradually, analysts began lowering their forecasts for Apple's earnings for the current fiscal year. At the same time,

Apple experienced some uncharacteristic gaffes. The new Apple Maps app that replaced Google Maps on iOS 6 devices had reliability problems, prompting a rare apology by Apple. And the iPhone 5 that went on sale in September faced long shipping delays as Apple suppliers struggled to adapt to the new, longer screen size.

The dismissal of iOS chief Scott Forstall, a favorite of the late Apple co-founder Steve Jobs, raised eyebrows. But so did a new strategy for launching products: Whereas Apple updates to products used to be few and far between, the company has lately begun increasing the number of products as well as the introduction of new versions.

The first quarter saw one of the busiest product launch cycles in the company's history. The quarter was the first full quarter of sales for the iPhone 5, a new iPod Touch and nano, the fourth iPad, a new 13-inch Retina MacBook Pro, and, of course, the first iPad mini.

Observers have pointed to this accelerated pace as an indication that Apple is facing more competitive pressure from rivals such as Samsung Electronics Co., which is now the world's biggest seller of smartphones, with its Galaxy series of phones. The concern is that the faster upgrade cycle plus the smaller iPad mini will cut into Apple's historically high profit margins.

Such fears over lower profits have also been stoked by the debate over whether Apple plans to release a cheaper iPhone aimed at capturing market share in emerging economies and the concern that Apple has not been able to strike a deal with China's largest carrier.

Now that the first-quarter numbers have been released, analysts will be busy recalibrating their projections over the next couple of days. But the focus is also likely to shift to renewed speculation about new products that investors are hoping will drive another big run for the stock.

chris.obrien@latimes.com

andrea.chang@latimes.com

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Potential jurors questioned for Bell corruption trial

A lingering venom spilled out on questionnaires given to potential jurors for the trial of six former Bell city leaders charged with raiding the treasury in the small, working-class town.

"My mind is made up, I can't be impartial. I'm disgusted by the behavior," wrote one juror, who was excused Tuesday by a Los Angeles County Superior Court judge.

Another potential juror described being "riveted and repulsed by the greed and audacity" and had a "negative description of the case from news reporting."

The woman wrote that the ex-city officials had "raped constituents" and filled their own pockets. Whenever she heard the word "Bell," she wrote, she felt nauseated.

"Normally I think I can be a fair and impartial juror but as soon as I heard the judge mention Bell, I couldn't help forming opinions already."

One potential juror pumped her fist when she was excused.

But as jury selection wore on, and potential jurors were pressed about their recollection of the small-town scandal, memories seemed to fade, details rendered unclear.

The jury selection process is the warm-up act to a trial that has its roots in a municipal corruption case that exploded more than two years ago when investigators alleged that elected leaders and ranking administrators had been using the city's treasury as their "personal ATMs" by paying themselves extravagant salaries, loaning out city money and imposing illegal taxes on a small, largely immigrant town.

Former council members Luis Artiga, Victor Bello, George Cole, Oscar Hernandez, Teresa Jacobo and George Mirabal are charged with drawing annual salaries of nearly $100,000, paychecks they allegedly fattened by drawing stipends for serving on boards and commissions that rarely, if ever, met. Former administrators Robert Rizzo and Angela Spaccia will stand trial at a later date.

About 150 potential jurors were asked to fill out questionnaires last week, and on Tuesday, nearly 65 had been dismissed. Attorneys said they expect the trial to begin Thursday.

According to Mirabal's attorney, the six defense attorneys had met with a jury consultant and spent the previous day going over the questionnaires together.

"It helped us weed out people who admitted they were predisposed to guilt," Alex Kessel said.

On Tuesday attorneys pooled their individual time to question jurors and attempted to gauge any preconceived notions about the case. Some jurors said they knew nothing about the defendants and the charges against them, while others said they were only vaguely familiar with the city of Bell. Few had a good understanding of the case.

"When I read about this it was a really long time ago and I don't really know all the details," said one woman. She said she had been outraged by Rizzo and felt city officials had neglected to do their duty, but couldn't remember much else.

"I don't know the names and I don't remember the details so, no, I don't have an opinion of the people sitting here," the potential juror said.

Those who said they had read news accounts of the defendants were pressed for their reaction.

"I thought oh my God, they did something wrong," said one woman when asked about her initial response.

Cole's attorney Ronald Kaye replied, "That's the media, that's the L.A. Times. Do you think the L.A. Times got it right?"

"Not always," the woman said.

The questionnaire had asked jurors about their main source of news and if they had an opinion of the Los Angeles Times' coverage of the case.

Some people who had worked in local government or with government officials said they couldn't help but contrast the defendants with their own colleagues who they couldn't imagine would even be accused of such a crime.

Although one man said he been a public employee for nearly three decades and had an "extremely negative, emotional response" to the news about Bell, nearly all the jurors said they had the ability to be impartial.

One woman seemed to sum up jurors' sentiments:

"To be honest I haven't paid very much attention," she said. "I just kind of dismissed it and, lo and behold, here I am."

corina.knoll@latimes.com

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FTC study taking aim at online marketing of booze

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Industry executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other media. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

Coleman also cited recent data showing the audiences for Facebook and Twitter are skewed heavily towards viewers who are above the legal drinking age.

“According to Nielsen’s latest data, the demographic audience for Facebook is 83.5 percent 21 years and older, and for Twitter it is 85 percent,” Coleman said.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen said it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Mart.

Coleman said the group now requires members to install age-checking tools via instant messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on website creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, websites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which spends 30 percent of its media spend for online outlets, up from 10 percent in 2008, he said.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up.

Last year Twitter partnered with Buddy Media to offer a screening tool that sends a direct message to fans who click on an alcoholic brand. The message sends the fan a link to a site that asks for date of birth.

Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age-protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting by Susan Zeidler; Editing by Ron Grover, Alden Bentley and Phil Berlowitz)

Internet News Headlines – Yahoo! News

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