Five accused of rape in India appear in court for charges


NEW DELHI (Reuters) - Five men accused of the rape and murder of an Indian student appeared in court on Monday to hear charges against them after two of them offered evidence possibly in return for a lighter sentence in the case that has provoked widespread anger.


The five men, along with a teenager, are accused of raping the 23-year-old physiotherapy student after she boarded their bus on the way home from a movie in New Delhi on December 16. She died two weeks later in a Singapore hospital.


The attack on the student has ignited protests against the government and anger towards the police for their perceived failure to protect women. It has also provoked a rare national debate about rising violence against women.


A police guard said the men had their faces covered when they entered the courtroom, which had been closed to the public minutes earlier.


The five had already been charged with murder, rape and abduction along with other offences and the magistrate gave them copies of the charges, a prosecutor in the case told Reuters.


The court has yet to assign them defense lawyers or legal aid, said public prosecutor Rajiv Mohan. Most lawyers are unwilling to defend them because of the brutality of the crime.


Reuters video images showed the men stepping out of a blue police van that brought them from Tihar jail, and walking through a metal detector into the South Delhi court, across the street from the cinema where the victim watched a film before boarding the bus with a male friend on December 16.


Following shouting and angry scenes in the packed court, the magistrate, Namrita Aggarwal, closed the hearing to the media and the public. The court was cleared and police were posted at its doors before the accused were brought in.


"Keeping in view the sensitivity of this case that has risen, the proceedings including the inquiry and trial are to be held in camera," Aggarwal said, before ordering people not connected with the case out of the courtroom.


Aggarwal said the next hearing would be on January 10. She did not say when the case would go to trial in a separate, fast-track court, set up after the attack on the woman.


Two of the accused, Vinay Sharma and Pawan Gupta, moved an application on Saturday requesting they be made "approvers", or informers, against the other accused, Mukesh Kumar, Ram Singh and Akshay Thakura, prosecutor Mohan said.


Mohan said he was seeking the death sentence given the "heinous" crime.


"The five accused persons deserve not less than the death penalty," he said, echoing public sentiment and calls from the victim's family.


Most members of the bar association in Saket district, where the case is being heard, have vowed not to represent the accused.


GROUNDS FOR APPEAL?


But on Monday, lawyers Manohar Lal Sharma and V. K. Anand stood up to offer representation to the men. They were heckled by other lawyers who said the accused did not deserve representation.


"We are living in a modern society. We all are educated. Every accused, including those in brutal offences like this, has the legal right to represent his or her case to defend themselves," Lal Sharma said.


The court asked Anand to get the approval of the accused to represent them. If the men, most of them from a slum neighborhood, cannot arrange their own lawyers, the court will offer them legal aid before the trial begins.


Police have conducted extensive interrogations and say they have recorded confessions, even though the five have no lawyers.


Legal experts say their lack of representation could give grounds for appeal should they be found guilty. Similar cases have resulted in acquittals years after convictions.


Last week, chief justice Altamas Kabir inaugurated six fast-track courts to help reduce a backlog of sex crime cases in Delhi.


But some legal experts have warned that previous attempts to fast-track justice in India in some cases led to imperfect convictions that were later challenged.


The sixth member of the gang that lured the student and a male friend into the private bus is under 18 and will be tried in a separate juvenile court.


The government is aiming to lower the age teenagers can be tried as an adult, given widespread public anger that the boy will face a maximum three-year sentence.


The victim, who died on December 29 in hospital in Singapore, where she had been taken for treatment, was identified by a British newspaper on the weekend but Reuters has opted not to name her.


Indian law generally prohibits the identification of victims of sex crimes. The law is intended to protect victims' privacy and keep them from the media glare in a country where the social stigma associated with rape can be devastating.


But her father repeated on Monday his wish that she be identified and said he would be happy to release a photograph of her.


"We don't want to hide her identity, there is no reason for that. The only condition is it should not be misused," he told Reuters.


He said he was confident the trial would be quick and reiterated a call that those responsible be hanged.


(Writing by Frank Jack Daniel; Editing by Robert Birsel)



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‘Facebook Dead’: How to ‘Kill’ Your Friends






Rusty Foster discovered he was dead last week, at least according to Facebook. He had been locked out of his account, which had been turned into a “memorial page,” because someone had reported the Maine man as deceased to the social media site.


He tweeted Thursday, “Facebook thinks I’m dead. I’m tempted to just let it,” then “Did you know that you can report any of your Facebook friends dead & Facebook will lock them out of their account with no evidence needed?”






As one of Foster’s friends discovered, it doesn’t take much to convince Facebook that somebody is dead. By simply going to the ” Memorialization Request” page and filling out a form, including a link to an obituary, anybody can take someone else off Facebook.


The obituary needs to have the same name (or at least a close name), but doesn’t need to match any other details on the profile. The obituary Foster’s friend used to prove Foster’s death was for a man who was born in 1924 and died in 2011 in a different state than the one Foster lists on Facebook as his home state.


Foster, 36, said he never got any notification his account was going to be locked, and only discovered it when he attempted to log in. He filled out a form to report the error, and received a response that began with “We are very sorry to hear about your loss.”


More than a full day later, Foster’s account still hadn’t been unlocked. Buzzfeed, tipped off by Foster, posted an article in which one editor “killed” another editor, John Herrman, on Facebook. According to the article, about an hour after Herrman reported the error to Facebook, his profile was reactivated. About an hour after that, 27 hours after Foster first reported his erroneous death, he was “resurrected” by Facebook and allowed back into his account.


Foster does not know the total amount of time he was “Facebook dead.” He told ABC that nothing was different with his account when he logged back in, only that some of his friends had a little fun with his status.


“The only thing that happened was some of my friends posted little mock-eulogies for me, because word got around that I was locked out, due to a temporary case of death,” Foster wrote in an email with the subject line, “Rusty, the Facebook zombie.”


When pages are memorialized, they are removed from sidebars, timelines and friend suggestions and searches. This is likely to prevent people from seeing their friends who have died pop up on their newsfeed, and to prevent people from hacking into the accounts of dead people.


Foster said he understands the position Facebook is in when it comes to the death of one of its users, but believes there are better options for the social media site.


“There ought to be an email sent to the account’s email address informing it that the account has been reported dead and providing a link or something to dispute the report before any action is taken,” Foster wrote.


Foster said the most frustrating part was not being able to get into his account to “click the ‘I’m not dead’ button that should also be there.”


This has apparently been the same “memorialization” process since at least 2009, when another user took to his personal blog to write about his experience of being “Facebook dead.” In his case, the obituary his friend used to have him declared dead wasn’t even close to his real name. Instead, the man who performed the funeral services had a similar name.


In a statement to ABC News, Facebook said the system is in place in order to respect the privacy of the deceased.


“We have designed the memorialization process to be effective for grieving families and friends, while still providing precautions to protect against either erroneous or malicious efforts to memorialize the account of someone who is not deceased,” the statement reads. “We also provide an appeals process for the rare instances in which accounts are mistakenly reported or inadvertently memorialized.”


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Prince Charles Wants a Better Environment for His Grandchild









01/07/2013 at 07:40 AM EST







Prince Charles (foreground), with the Duke and Duchess of Cambridge


Allpix/Splash News Online


With his son and daughter-in-law the Duke and Duchess of Cambridge expecting a baby in early summer, grandfather-to-be Prince Charles says he's determined to be greener than ever – and deliver his future descendant a healthier world, not "a poison chalice."

Long a champion of environment causes, the heir to the throne, 64, told ITV’s This Morning show on Monday: "I've gone on for years about the importance of thinking about the long term in relation to environmental damage, climate change and everything else. We don't, in a sensible world, want to hand on an increasingly dysfunctional world to our grandchildren, to leave them with the real problem."

Saying "I don’t want to be confronted by my future grandchild and have them say, 'Why didn’t you do something?' " Charles went on to state, "So clearly now that we will have a grandchild, it makes it even more obvious to try and make sure we leave them something that isn't a total poisoned chalice."

Charles – recently named among the U.K.'s best-dressed gents – also spoke of his concern for son Prince Harry, 27, currently serving in Afghanistan.

"If you are a parent or relation to a loved one and that person is away in incredibly dangerous and challenging circumstances, I know you worry all the time," he said. "Certainly every night I worry. But he loves what he is doing and he's brilliant at it."

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Your medical chart could include exercise minutes


CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.


Wait, what?


If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.


Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.


Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.


"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.


He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.


It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.


Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.


Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."


She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.


Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.


She is still overweight but has lost 30 pounds and her blood sugar is normal.


Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."


Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.


A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.


Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.


"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.


NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.


Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.


Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."


Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.


___


Online:


Exercise: http://1.usa.gov/b6AkMa


___


AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner


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Stock futures slip after stocks hit five-year high


NEW YORK (Reuters) - Stock index futures fell on Monday, with markets expected to consolidate after the S&P 500 index closed at a five-year high on Friday.


Last week was the best for U.S. stocks in more than a year as a budget deal and economic data boosted investor confidence.


Financial shares will be in focus a day after global regulators gave banks four more years and greater flexibility to build up cash buffers, scaling back moves that aimed to help prevent another financial crisis.


By spurring credit, the easing of the bank rule may help support growth, boosting investments in equities and other risk assets.


S&P 500 futures dipped 1.3 points and were below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures fell 13 points, and Nasdaq 100 futures added 1 point.


Walt Disney Co started an internal cost cutting review several weeks ago that may include layoffs at its studio and other units, three people with knowledge of the effort told Reuters.


Video-streaming service Netflix Inc said it will carry previous seasons of some popular shows produced by Time Warner's Warner Bros Television.


Major U.S. technology companies could miss estimates for fourth-quarter earnings as budget worries likely led some corporate clients to tighten their belts last month.


Amazon shares rose 2.3 percent in premarket trading after Morgan Stanley raised is rating on the stock to "overweight" from "equal weight."


(Reporting by Rodrigo Campos; Editing by Kenneth Barry)



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Defiant Assad summons Syrians for "war to defend nation"


BEIRUT (Reuters) - A defiant President Bashar al-Assad called on Sunday for national mobilization in a "war to defend the nation", describing rebels fighting him as terrorists and agents of foreign powers with whom it was impossible to negotiate.


Appearing in an opera house in central Damascus packed with cheering supporters, the Syrian leader delivered his first speech to an audience since June last year, and his first public comments since a television interview in November.


He unveiled what he described as a peace initiative to end the 21-month-old uprising. But the proposal, including a reconciliation conference that would exclude "those who have betrayed Syria", was certain to be rejected by enemies who have already said they will not negotiate unless he leaves power.


He spoke confidently for about an hour before a crowd of cheering loyalists, who occasionally interrupted him to shout and applaud, at one point raising their fists and chanting: "With blood and soul we sacrifice for you, O Bashar!"


At the end of the speech, supporters rushed to the stage, mobbing him and shouting: "God, Syria and Bashar is enough!" as a smiling Assad waved and was escorted from the hall.


"We are now in a state of war in every sense of the word," Assad said in the speech. "This war targets Syria using a handful of Syrians and many foreigners. Thus, this is a war to defend the nation."


"We meet today and suffering is overwhelming Syrian land. There is no place for joy while security and stability are absent on the streets of our country," Assad said. "The nation is for all and we all must protect it."


The United Nations says 60,000 people have been killed in the civil war in Syria, which has brought fighting to the edge of the capital.


(Reporting by Erika Solomon; writing by Peter Graff; editing by Philippa Fletcher)



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News Summary: Tablet-tailored search engine debuts






TAILORED FOR TABLETS: Izik is billed as the first search designed especially for iPads and tablet computers running on Google Inc.‘s Android software. Free Izik apps for those devices were released Friday.


CAPSULE CATERING: For the more visual format of tablets, Izik displays search results in rows of capsules that can be easily scrolled with the swipe of a finger. This contrasts to showing a stack of blue links, the industry standard for laptops and desktops.






GOODBYE GOOGLE? Blekko, the maker of Izik, hopes people will break the Google search habit as tablets supplant traditional computers for Web surfing.


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Bethenny Frankel Divorcing Jason Hoppy















01/05/2013 at 05:00 PM EST







Bethenny Frankel and Jason Hoppy


Albert Michael/Startraks


It's official – Bethenny Frankel and Jason Hoppy's marriage is over.

Having announced a separation over the holidays, the reality star began the divorce process by filing earlier this week in New York, TMZ reports.

"It brings me great sadness to say that Jason and I are separating," Frankel, 42, had said in a statement Dec. 23. "This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family."

The split comes after months of rumors that the pair – who married in 2010 and are parents to daughter Bryn, 2½ – were on the rocks.

"Bethenny is devastated," a friend tells PEOPLE.

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FDA: New rules will make food safer


WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.


The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.


Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.


FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


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"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.


Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.


That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.


Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.


In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.


"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.


Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.


U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.


Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.


"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.


Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.


REVENUE WORRIES


One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.


S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.


On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.


For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.


Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.


In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.


"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.


Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.


Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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