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Boeing Finalizing Fix for Dreamliner Battery: Report

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Boeing will present a plan to temporarily fix its troubled Dreamliner battery to the government as early as this week, the Seattle Times reported Monday

The worldwide fleet of the Boeing 787 aircraft, known as the Dreamliner, has been grounded because of two fires in the lithium-ion batteries.

The temporary fix involves placing the battery in a heavy-duty steel box – with a hose to vent any gases if a fire does occur, the Times reported.
 
Fort Worth-based American Airlines has ordered several dozen Dreamliners with options on dozens more. The first delivery is planned for November 2014.
 
The fix would require the approval of the Federal Aviation Administration.
 
"It’s a huge problem for Boeing," said aviation safety expert Denny Kelly. "It’s a huge problem in getting it fixed, and it’s a huge problem in public relations."
 
Kelly said the public could soon lose confidence in the jet.
 
"If this goes on much longer, the airlines are going to start cancelling planes and the general public is going to come out and say, 'I don’t want to fly that airplane.'"

A Boeing spokesman did not return a call from NBC 5 DFW.


Officials Sound Alarm Over U.S. Budget Cuts

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San Diego's economy is now on the verge of what officials say could be a real downturn, if Congress doesn't quickly head off a round of automatic cuts to the federal budget.

Those across-the-board cuts, under the legislative euphemism of "sequestration", are scheduled to take effect March 1.

One in four jobs throughout the region, the world's largest military-industrial complex, is tied to federal spending.

A ten percent hit could have a harsh ripple effect on jobs and commerce.

In case all this is lost on the respective parties' leaders on Capitol Hill, one of two freshmen in San Diego's five-member Congressional delegation is speaking out publicly to get their attention, in hopes they’ll reach a last-ditch compromise.

"We can solve these budget problems over time,” Rep. Scott Peters  (D-52nd District), said during a Monday news conference at the Tenth Avenue Marine Terminal.  “But the whole notion that you have to solve them with this meat axe today is really misguided -- and really threatens the recovery that we've spent so much time achieving, as slow as it's been."

Peters expressed frustration that Congress is not in session this week, leaving only for days next week to pull avert the cuts: "The (members of Congress) who were elected for the first time in November -- and there's 85 of us -- all heard the same message -- which was 'Stop fighting and start fixing."

As photojournalists trained their lenses on flurries of activity at the marine terminal, reporters were told that the Port of San Diego is one of only 17 commercial harbors that the Defense Department has declared "strategic" to national security.
  
Tens of millions of federal dollars have been poured into the maritime complex since the terrorist attacks of 9/11.

If those and other maritime funds are decimated, officials warned, it could have an economic ripple effect on cargo operations, shipbuilding, and investments in infrastructure.

Hundreds of layoffs at NASSCO already are in the works, in expectation of fewer contracts.

"I know that there are certain Congressmen -- as Peters is -- who are concerned about trying to be actively involved to make something happen,” said Ann Moore, who chairs the San Diego Port Commission. 

However, Moore added, “I haven't seen that across the board from other the other Congressmen involved."
           
As the countdown to automatic cuts closes in on March 1st, there are growing doubts that 11th-hour wheeling and dealing can save the day.

Said Port Commissioner Bob Nelson: "There's enough time left to come to an interim deal that could prevent the sequestration cuts.  And then, over a period of time, they could work out financial details.  But it's getting close."

That, Peters explained,  is why they're taking this public -- to generate an outcry that'll serve as a wakeup call on Capitol Hill.

In industries countywide that depend on Uncle Sam's spending, according to the congressman, some 30,000 local jobs became "at risk" last fall.

“Those people had to go through all their holidays -- Thanksgiving and Christmas -- not really knowing how to plan,” Peters said. “They're not spending money; they're not contributing to the economic recovery.  If fact, they're facing the risk that if we don't do our job and make some sort of rational approach, they're going to lose their jobs."



Photo Credit: NBCWashington.com

Rubio Water Bottles Make $125K In Sales

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Florida Sen. Marco Rubio’s water bottle became a viral sensation after his response to President Obama's State of the Union last week.

But that water bottle is not just a sensation – it’s now making his Reclaim America PAC thousands of dollars in profit.

“So far we've sold over 4,200 water bottles in the last five days, bringing in over $125,000,” Terry Sullivan with the Reclaim America PAC said on Monday.

With a minimum $25 donation, the PAC will send buyers a white water bottle that reads “RUBIO” in big red letters.

The water bottle has been advertised on the PAC’s website and on Rubio’s social media as a way to “send the liberal detractors a message that not only does Marco Rubio inspire you…he hydrates you too.”

Sullivan said the water bottle inspiration came after seeing all the hype from the media and the pundits after Rubio’s drink of water.

During his State of the Union response last week, Rubio lurched forward to grab a drink of water, took an audible gulp, returned the small Poland Spring bottle to a table and continued with his speech, causing a social media explosion. The moment was also immortalized on "SNL."

Rubio himself said via Twitter that the water bottle moment helped him gain more than 13,000 new followers and joked that he would have to start drinking water in the middle of all his speeches.

He then published the picture his own for-sale Rubio water bottle on Twitter, urging his followers to buy the water bottle and quench their thirst for conservative leadership.



Photo Credit: AP

NYC Subway Heroes Save Stranger Who Falls onto Tracks

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Three men jumped onto the subway tracks to save a man who fell off a Manhattan platform early Sunday, barely avoiding the next train rolling into the station. 

A man in his 20s hit his head and stumbled onto the tracks at the 1 train platform at about 2:40 a.m. Sunday at the Columbus Circle station. The next train was schedule to arrive in two minutes. Garrett O'Hanlon, 22, jumped onto the tracks to rescue the stranger.
 
"I looked over and saw him down there, and everyone started to scream," the Air Force cadet from Dallas told NBC 4 New York Monday. "After that, it was almost like a blur, it happened so quickly." 
 
Seeing O'Hanlon struggle with the unresponsive and bleeding man, 23-year-old Dennis Codrington jumped in to help, along with his friend from Poughkeepsie, 23-year-old Matt Foley.

O'Hanlon said the man was heavy and he couldn't lift him alone. His friend was happy to help.
 
"It was really surreal," said Codrington, a personal trainer for the fitness chain Equinox who lives in Manhatan's Washington Heights neighborhood. "I can't tell you what I was thinking when I was down there. The last thing I was thinking was just 'Get the guy off the tracks.'" 
 
The three men were still struggling to lift the man on the tracks onto the platform when other straphangers pitched in.
 
"The people on the platform were pulling him up, pulling us up," said O'Hanlon. "It was like collaboration of teamwork."
 
The three heroes got up just in time. First responders rushed the unconscious man to a hospital. His condition was unclear.

Codrington soon boarded a train to go back to work, and O'Hanlon had a flight to catch back to the Air Force Academy in Colorado.
 
"To witness something like that, witness someone almost being killed, it just puts a lot of things in perspective for me," said Codrington. 

Alex Smith to Chiefs Likely: Report

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No quarterbacks in the draft. Really no quarterbacks available on the free agent market.

That boils down to one solution for the Kansas City Chiefs, according to experts.

Alex Smith.

The much-maligned, then briefly-beloved San Francisco 49ers quarterback could be the best fit under center for the rebuilding Chiefs, according to the San Francisco Chronicle, which analyzed the words of Chiefs GM John Dorsey.

Dorsey, a new hire, along with new Chiefs coach Andy Reid are said to be bereft of many good options aside from trading for a quarterback, with slim pickings on the free agent market and in the draft.

So rather than spend its No. 1 overall draft pick on someone they're not thrilled with, the Chiefs may be compelled to trade the pick for a proven QB. And that coud be Smith.

Trent Dilfer, himself a former 49ers quarterback, said on the NFL Network that Reid is fond of Smith's skills.

And the 49ers are eager to deal the veteran, who lost his starting job after injury to Colin Kaepernick. There's a financial incentive: Smith is due a $7.5 million guaranteed roster bonus if he stays on the 49ers' roster past April 1.



Photo Credit: Getty Images

Cal Coach Montgomery Criticized For Shove

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Cal coach Mike Montgomery has been reprimanded by the Pac-12 for shoving one of his own players during a game Sunday night.

The conference did not announce what specific punishment Montgomery received for his action, although the Associated Press said it would not include suspension.

Montgomery, who coaches the men's basketball team, gave star player Alan Crabbe a "shove" during a second-half timeout.

There is no proof of a connection, but the Bears were losing at the time.

After the timeout, the team made a come back, lead by Crabbe, and beat USC 76-68. 

"It worked, didn't it?" Montgomery said after the game.

Later he apologized after Sandy Barbour, the Cal athletic director, called the shove "unacceptable."

Montgomery said his "passion for the game" may have played a role.

California Sen. Leland Yee said the reprimand is not enough.  He wants Montgomery to be suspended for a game.

In a statement released Monday afternoon, Lee said the university should not tolerate that kind of behavior from our coaches.

"The game was an emotional one, but representatives of UC – especially adults – need to be able to control their emotions and refrain from physical altercations with students. I urge the university to take swift disciplinary action of at least a one-game suspension and I wish the Cal basketball program the very best as they enter the final games of the season,” Yee said in a statement. 

With 16:31 left in the second half, Crabbe, the Pac-12 conference's leading scorer, had 9 points. He scored 14 more after Montgomery "gave him a sharp push" and "yelled, 'Do you want to play?'"

You can watch the altercation for yourself below.



Photo Credit: Getty Images

Conn. Lawmakers Consider Car Smoking Ban

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Connecticut lawmakers are considering a state law to make smoking in cars illegal if there is a child under 7 years old inside.

Smoking is already banned in restaurants and businesses in Connecticut and some parents welcome broadening the ban to protect children in cars. 

"We want our kids to be in safe places, always," parent Chris Liss, of Granby, told NBC Connecticut.

A 2006 Harvard University study of smoking in cars shows that even with the windows slightly opened, a single cigarette can produce hazardous levels of contaminants. 

"It's going to help," said Rep. Henry Genga, the bill's sponsor. "No question about it."

But opponents are concerned that a new law may be too intrusive and wonder how it will be enforced. Genga said he has supporters in the law enforcement community who tell him it will be as easy to enforce as the seatbelt law.

The first time someone is caught, they will get a warning. The second time will involve a penalty.

"When you put a child in, you have a responsibility," Genga said. "The right thing to do is to take care of that child."

Lawmakers on the transportation committee will hold a public hearing on the bill Wednesday morning.



Photo Credit: Deklofenak, Shutterstock

Police ID Gunman in OC Shooting Deaths

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Four people are dead after a series of shootings and carjackings early Tuesday near the 55 Freeway in southern California's Orange County that began after the shooting death of a woman at a home.

Map: Shooting Investigation Locations

The gunman was identified as Ali Syed, a 20-year-old who lived at the home with his parents. Syed died from a self-inflicted gunshot at an intersection in Orange after a series of carjackings and freeway shootings, according to Orange County authorities.

"There are no other shooters and there is no threat to the community," said Orange County Sheriff's Department spokesman Jim Amormino.

Investigators responded to at least five locations in connection with the carjackings and shootings, including a home on Red Leaf Lane in Ladera Ranch where police said Syed shot and killed a woman in her 20s.

"I heard the pops, and didn’t know what it was, and then the cops showed up a couple of hours later," said neighbor Jason Glass.

The victim was "shot multiple times," Amormino said. The victim's identity and relationship to the gunman -- a student at Saddleback College -- were not available Tuesday afternoon, but Amormino said she is not Syed's mother.

"It's not known at this time what she was doing in the residence," Amormino said.

Responding deputies were notified the gunman left the residence in his parents' black sport utility vehicle.

The police response in the Tustin area -- about 20 miles north of Ladera Ranch -- began with a carjacking and shots fired report at about 5:10 a.m. near Red Hill and Nisson Road, just off the 5 Freeway. A man was waiting in a vehicle in a Denny's parking lot when he noticed Syed loading a shotgun.

"(The victim) quickly got back into his car and accelerated rapidly," said Tustin Police Chief Scott Jordan. "At the same time, Mr. Syed got out of his car and started shooting into the back of his window, almost as if he was chasing him on foot."

The driver was shot in the back of the head, but drove from the scene, police said.

Syed -- police said he has no prior criminal record -- left the location in the black SUV, which sustained damage, including a flat tire. It was not clear how the SUV was damaged.

Syed abandoned the vehicle and approached a man at a nearby fuel station.

"Mr. Syed said, 'I don't want to hurt you. I just killed somebody. Today's my last day. Give me your keys,'" said Jordan.

The man handed Syed the key to his pickup, which he drove north on the 5 Freeway to the southbound 55 Freeway. Three motorists reported injuries after Syed opened fire at vehicles on the freeway, police said.

Syed returned to the pickup and drove to the Village Way exit in Santa Ana, where a second carjacking and occurred. The carjacking victim was killed in what police described as an execution.

"He confronted our victim, who was in his BMW, and ordered him out of the vehicle," said Santa Ana Police Corporal Anthony Bertagna. "He walks him to the side of the curb and executes our victim."

Aerial video showed a pickup and several patrol vehicles on the exit ramp from the 55 Freeway. The victim was shot three times, Jordan said.

The shooting victim was identified as Melvin Edwards, 69, of Laguna Hills. Edwards was on his way to work in Santa Ana, said Santa Ana Police Chief Carlos Rojas.

The gunman drove to a nearby Micro Center electronics store parking lot near Edinger Avenue and Newport Avenue in the victim's BMW, then carjacked another driver, police said. Officers discovered two gunshot victims at the Micro Center, one of whom was pronounced dead at the scene just east of the 55 Freeway.

The deceased victim was identified as Jeremy Lewis, 27, of Fullerton.

Colleagues told NBC4 the victims at the Micro Center lot worked for a plumbing contractor in Rancho Cucamonga. Lewis was shot and killed was just arriving for work at a hotel near the Micro Center. Lewis' co-worker suffered a graze wound to the arm when he responded to the gunfire.

"It was his vehicle that Mr. Syed then entered," Jordan said. "Many calls were coming in and the California Highway Patrol got in behind the stolen vehicle."

The quickly developing situation came to an end in Orange, when Syed exited onto eastbound Katella Avenue. Syed "almost instantly" shot himself in the head when he got out of the moving vehicle, Jordan said.

A shotgun was recovered at the location, Amormino said.


Black History Month: Reporters Story Turns Personal

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Black History Month 2013 | While covering a completely separate story at O'Hare, reporter Christian Farr was introduced to Tuskegee Airmen Jim Warren and learned something personal.

Man Injured Battling Chula Vista House Fire

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A Chula Vista man was injured trying to save his burning home Tuesday.

Chula Vista firefighters were called to the home just off Olympic Parkway and Interstate 805 around 1 a.m. and found the second floor fully engulfed.

As soon as crews began work on the fire they realized the resident had been inside the home, trying to fight the fire on his own. He was using a garden hose officials said.

A neighbor said he found the man inside the home before firefighters arrived looking for a fire extinguisher. The neighbor said he also tried to convince the man to get out of the burning home.

Firefighters managed to coax the resident outside where emergency personnel treated him for smoke inhalation officials said.

It’s something firefighters say they’ve dealt with before.

“People gotta do what they have to do and it’s hard to get owners to not act on stuff like that,” said Battalion Chief Michael Reeves.

The man sat visibly distraught on the corner of Carissa Court and Jasmine Street. He was concerned about his hospitalized mother finding out about the damage done to the family home.

As for the house, firefighters cut a hole in the roof to allow the intense heat the escape.

Crews are investigating what started the fire.
 

Nissan's Silicon Valley Robots

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It's a big day for Nissan, and the auto giant is coming to Silicon Valley to celebrate. Scott Budman shows us why they picked Sunnyvale - and it has everything to do with local techies.

LAPD Chief Discusses Dorner Case Review, Reward

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LAPD Chief Charlie Beck called Tuesday morning for a "rational discussion" of the issues raised during a deadly manhunt for a fired officer who outlined a revenge plot against law enforcement agents and their families.

Beck spoke about the Christopher Dorner investigation and the reward connected to the Southern California manhunt at a Tuesday morning news conference.

Manifesto for Murder: Timeline of Events | Full Manifesto | Manhunt Map

Beck was joined at the news conference by an LAPD sergeant and captain identified in former officer Christopher Dorner's manifesto. The LAPD members were under protection during the manhunt for Dorner, who outlined plans to target law enforcement officials and their families as part of the revenge plot that ended with a shootout near Big Bear.

"We all sign up for some degree of risk," Beck, whose name also appeared in the Dorner document, said at the news conference. "Our families don't sign up for that. Our children don't sign up for that. These 50 families we protected -- think about their children."

The news conference came one week after the manhunt ended at a cabin in the Big Bear area. Dorner died from a self-inflicted gunshot wound during a shootout with San Bernardino County Sheriff's deputies, according to investigators.

Beck on Tuesday addressed the reopening of the investigation -- a move he announced during the nearly week-long search -- into Dorner's 2008 firing. The fired officer was found to have falsely reported a fellow officer for excessive use of force.

An attorney has been reviewing the case, which will be presented to the LAPD Office of the Inspector General -- the body has oversight of the department's internal disciplinary process -- before it is released to the public at a police commission meeting, Beck said. The findings will be the subject of public comment so "everyone can see the transparency with which we address this," Beck said.

"Nothing should be considered closed and done," Beck said. "It's about fairness, and doing the right things for the right reasons."

Beck did not provide an estimate on the timeline for the review, but said the investigation will require at least "several months."

Beck also addressed the $1 million reward offered for information in the manhunt. The agencies -- about 30 -- involved in the reward will provide a recommendation to Beck.

"Not only is this reward the largest in local law enforcement history, it's also the most complicated," Beck said. "It is my desire that the reward money be used. We generated countless tips because of it. It had its desired effect."

The search for Dorner began when he was identified as the suspect in the  Feb. 3 shooting deaths in Irvine of Keith Lawrence and his fiancée Monica Quan. Four days later, Dorner shot and killed a Riverside police officer in what investigators described as an ambush at a stoplight during the manhunt.

Earlier Feb. 7, Dorner was involved in a shooting with LAPD officers in the Corona area. The officers were part of a security detail for one of the subjects mentioned in the Dorner manifesto.

Dorner's burned-out pickup was found near Big Bear later that morning. The search continued through the weekend before a stolen vehicle report led authorities to Dorner.

A San Bernardino County Sheriff's deputy was killed outside the cabin from which Dorner engaged deputies in a shootout. The 33-year-old's charred remains were found after the cabin burned.

Beck opened Tuesday's news conference by reading the names of the four victims.

Ramona Residents Consider Suing County

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A group of people in Ramon are considering suing San Diego County to stop a solar farm from being built in the city.

The group Citizens for a Rural Ramona claims the Board of Supervisors' approval of a solar farm in their city is illegal.

The Sol Orchard project is supposed to be built at 1650 Warnock Rd. in Ramona. Plans are for a 43-acre farm with panels ranging from 8 to 11.5 feet, which will produce 7.5 megawatts of power.

The Ramona Community planning board unanimously rejected the project twice before it went to the board of supervisors. But earlier this month, the board rejected the appeals of Ramona residents granting a permit to Sol Orchard, saying the project will not significantly affect the area.

The County planning commission has also said the site is ideal for power generation being close to power distribution facilities.

The only dissenting vote on the board was from Supervisor Dianne Jacob, who represents the area.

Residents say Jacob’s protests laid the groundwork for them to continue fighting the project.

“It's unsightly, it's an industrial application in an agricultural zone, so that means if anything goes wrong it, it's an industrial mess that has to cleaned up, if you can clean it up at all,” said Ken Brennecke with Citizens for a Rural Ramona.

Citizens for a Rural Ramona will meet Monday night to discuss the possible suit.

Kellogg Recalls Special K "Red Berries"

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Kellogg Company is recalling several  batches of its Special K Red Berries cereal because they might be contaminated with pieces of glass.

The recall, which is limited to the Red Berries type, was announced on Tuesday.

It involves the following packages:

* Regular retail packages, weighing 11.2 ounces, with the UPC code "38000 59923" on them and the date of Dec. 2, 2013.

* Club store packages weighing 37 ounces, with the UPC code "38000 20940" on them and the date of Nov. 30, 2013.

* Twin pack boxes weighing 22.4 ounces, with the UPC code "38000 78356" on them and the date of Nov. 30, 2013.

Kellogg said the recall was precautionary, because glass was found in a single batch of one of the ingredients. The company said that no consumer injuries had been reported as of Tuesday morning.

Consumers who purchased the items being recalled may call Kellogg's consumer center at 800-962-1413, or visit the "contact us" area of the company's website. The company will provide coupons to replace the cereal, and may make arrangements for it to be returned for examination.

 

 

Jaguar Bursts into Flames in Mission Valley

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A Jaguar burst into flames on the side of a San Diego highway in Mission Valley Monday.

Four people escaped injury when the car they were riding in caught fire and burned around 10:30 p.m. on the southbound 15, north of Friars Road.

The driver said he pulled off the road into a gas station after the car began making a clicking noise. He checked the oil and added some to the car then got back on the highway.

“The check-engine light lit on and 20 minutes later it caught on fire back by where the battery was. So I pulled over and within two minutes it just burst into flames,” the driver told NBC 7 San Diego.

The driver said he had just finished his laundry so everything he owned was in the car.

No one was injured.
 



Photo Credit: NBC 7 San Diego

Jeep Twitter Account Hacked

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Monday it was Burger King and Tuesday it was Jeep that suffered an unsolicited Twitter makeover, courtesy of savvy hackers.

The attacks were similar. In both cases the company's Twitter page was adorned with a competitor's branding. A McDonald's logo popped up on Burger King's page, which proclaimed that the company "just got sold ...  because the whopper flopped," while a message on Jeep's banner said "sold to Cadillac."

Once in the driver's seat, hackers tweeted out a string of obscenity-laden messages, some bashing the brand and praising its competitors, before the pages were restored. Jeep's breach was repaired after 10 minutes and 13 tweets, while Burger King's hackers were able to pump out 53 messages before the false page was shut down.

Burger King apologized for the incident and said it worked with Twitter security administrators to fix the problem, but so far the social media giant has not provided insight into the twin attacks. The company told NBC News that it does not comment on individual accounts.

Meanwhile, MTV, apparently making light of what could be a serious threat to high-profile corporations, changed its profile to give the appearance that it too had been hacked.

For about an hour the entertainment company sent out tweets under the name "Hacked MTV!" using the hashtage #MTVHack, before ending the ruse. "We totally Catfish-ed you guys. Thanks for playing!" the company tweeted, referring to the practice of assuming false online identities.

Re-open Chandra Levy Murder Case, Lawyers Say

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Lawyers for the man convicted of killing Washington intern Chandra Levy said in documents unsealed Tuesday that his prosecution was ``predicated on a lie,'' and that they intend to file a motion for a new trial.

The statements made by attorneys for Ingmar Guandique were included in approximately 200 pages of documents related to hearings held in December and January. Reporters and the public were not permitted to hear the discussion between the judge and lawyers because prosecutors argued that making the hearings open would endanger a witness.

The decision to close the proceedings was challenged by media organizations including The Associated Press. The judge in the case said some material would be unsealed.

The records show that government prosecutors asked to seal the Dec. 18 hearing to talk about information they learned about after Guandique was sentenced. Defense attorneys say the information calls into question the testimony of one witness and ``drastically undercut'' the government's case.

More than 20 witnesses testified for the prosecution during the trial. The original case hinged on a jailhouse informant who said Guandique had confessed to killing Levy. The unsealed documents show prosecutors learned a year ago about a problem with a witness but it's not clear if that person was the informant.

The Levy case was one of the most high-profile trials in Washington in years when it began in 2010. Levy, a 24-year-old intern for the U.S. Bureau of Prisons, disappeared in 2001 after leaving her apartment in jogging clothes.

The case attracted particular attention because of her romantic relationship with Gary Condit, then a California congressman. Her remains were found in 2002 in a heavily wooded area of Washington's Rock Creek Park. Guandique, an illegal immigrant from El Salvador, was ultimately convicted of her murder and is serving a 60-year prison sentence. He said when he was sentenced that he had nothing to do with her killing.

The documents unsealed Tuesday include transcripts from hearings on Dec. 18 and Jan. 4. They also include court documents filed by prosecutors and Guandique's defense attorneys. Significant portions of the records are blacked out, sometimes for pages.

``Mr. Guandique and the public have a right to know precisely what happened at Mr. Guandique's trial and why the government allowed its prosecution to be predicated on a lie,'' Guandique's attorneys argue in a motion unsealed Tuesday.

A transcript also shows John Anderson, one of Guandique's attorneys, said during the January hearing that the defense plans to file a motion to dismiss the indictment and request a new trial.

In a document filed with the court, defense attorneys compare the Guandique case to the prosecution of the late Sen. Ted Stevens of Alaska, whose 2008 conviction on corruption charges was vacated after the Justice Department admitted withholding evidence from the defense.

It wasn't clear, however, that the new information would have been admissible at trial. The unsealed transcripts seem to show that during the hearing in December, a government prosecutor, Fernando Campoamor, told the judge ``it would have been litigated whether it could have been used at trial, and if so, to what extent it could have been used at trial.'' A defense attorney, James Klein, said that was ``astounding.''

The transcripts also show attorneys wrestling with the closure of the proceedings. The defense had wanted them to be open, but the judge sealed the hearings after prosecutors argued that a witness' personal safety would be endangered if they were public. The defense has said prosecutors were not specific about the threats the witness would face.

The last hearing in the case was Thursday and its transcript was not released. The judge has scheduled another hearing for April 11.
 



Photo Credit: AP

Blue Cross Suspends Controversial Mail Order Prescription Program

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Weeks after a lawsuit was filed in San Diego over a program barring HIV/AIDS patients from using local pharmacies, Blue Cross of California will suspend the program.

The group Consumer Watchdog sued the insurer in San Diego on behalf of a patient, claiming the program discriminates against those with HIV.

The program, which was slated to take effect in March, would have required patients using certain drugs to buy them from a mail order pharmacy chosen by Blue Cross.

While people with many conditions could still buy their drugs locally, HIV patients were among those who would have been forced to order their prescriptions by mail.

Consumer Watchdog argued the policy threatened the health and privacy of some patients.

The organization published a letter that it says will be arriving this week in the mail to Blue Cross customers.

The company will work with the plaintiffs in the pending lawsuit to develop a more consumer-friendly program according to Consumer Watchdog.

 

 

Police ID Gunman in OC Shooting Deaths

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Four people are dead after a series of shootings and carjackings near freeways in Orange County that began after the slaying of a woman at a home in Ladera Ranch.

Map: Shooting Investigation Locations

The gunman was identified as Ali Syed, a 20-year-old who lived at the home with his parents. Syed died from a self-inflicted gunshot at an intersection in Orange after a series of carjackings and freeway shootings, according to Orange County authorities.

"There are no other shooters and there is no threat to the community," said Orange County Sheriff's Department spokesman Jim Amormino.

Investigators responded to at least five locations in connection with the carjackings and shootings, including a home on Red Leaf Lane in Ladera Ranch where police said Syed shot and killed a woman in her 20s.

"I heard the pops, and didn’t know what it was, and then the cops showed up a couple of hours later," said neighbor Jason Glass.

The victim was "shot multiple times," Amormino said. The victim's identity and relationship to the gunman -- a student at Saddleback College -- were not available Tuesday afternoon, but Amormino said she is not Syed's mother.

"It's not known at this time what she was doing in the residence," Amormino said.

Responding deputies were notified the gunman left the residence in his parents' black sport utility vehicle.

The police response in the Tustin area -- about 20 miles north of Ladera Ranch -- began with a carjacking and shots fired report at about 5:10 a.m. near Red Hill and Nisson Road, just off the 5 Freeway. A man was waiting in a vehicle in a Denny's parking lot when he noticed Syed loading a shotgun.

"(The victim) quickly got back into his car and accelerated rapidly," said Tustin Police Chief Scott Jordan. "At the same time, Mr. Syed got out of his car and started shooting into the back of his window, almost as if he was chasing him on foot."

The driver was shot in the back of the head, but drove from the scene, police said.

Syed -- police said he has no prior criminal record -- left the location in the black SUV, which sustained damage, including a flat tire. It was not clear how the SUV was damaged.

Syed abandoned the vehicle and approached a man at a nearby fuel station.

"Mr. Syed said, 'I don't want to hurt you. I just killed somebody. Today's my last day. Give me your keys,'" said Jordan.

The man handed Syed the key to his pickup, which he drove north on the 5 Freeway to the southbound 55 Freeway. Three motorists reported injuries after Syed opened fire at vehicles on the freeway, police said.

Syed returned to the pickup and drove to the Village Way exit in Santa Ana, where a second carjacking and occurred. The carjacking victim was killed in what police described as an execution.

"He confronted our victim, who was in his BMW, and ordered him out of the vehicle," said Santa Ana Police Corporal Anthony Bertagna. "He walks him to the side of the curb and executes our victim."

Aerial video showed a pickup and several patrol vehicles on the exit ramp from the 55 Freeway. The victim was shot three times, Jordan said.

The shooting victim was identified as Melvin Edwards, 69, of Laguna Hills. Edwards was on his way to work in Santa Ana, said Santa Ana Police Chief Carlos Rojas.

The gunman drove to a nearby Micro Center electronics store parking lot near Edinger Avenue and Newport Avenue in the victim's BMW, then carjacked another driver, police said. Officers discovered two gunshot victims at the Micro Center, one of whom was pronounced dead at the scene just east of the 55 Freeway.

The deceased victim was identified as Jeremy Lewis, 27, of Fullerton.

Colleagues told NBC4 the victims at the Micro Center lot worked for a plumbing contractor in Rancho Cucamonga. Lewis was shot and killed just as he was arriving for work at a hotel near the Micro Center. Lewis' co-worker suffered a graze wound to the arm when he responded to the gunfire. 

"It was his vehicle that Mr. Syed then entered," Jordan said. "Many calls were coming in and the California Highway Patrol got in behind the stolen vehicle."

The quickly developing situation came to an end in Orange, when Syed exited onto eastbound Katella Avenue. Syed "almost instantly" shot himself in the head when he got out of the moving vehicle, Jordan said.

A shotgun was recovered at the location, Amormino said.

Judge Who Struck Down Prop. 8 Has "Aha" Moment

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For some, it comes once a lifetime. For others, it never comes.

For Vaughn Walker, it came on an ordinary day in May 2009, as the San Francisco-based retired federal judge was digging through a pile of paperwork.

That was when the "quietly but openly" gay judge found out that he would be called to rule on Perry vs. Schwarzenegger, the challenge to Proposition  8, California's ban on same-sex marriage, according to the San Jose Mercury News.

"That's when I had the 'Oh (my) moment,'" Walker told the newspaper.

Walker was close to retirement when the suit was filed, but he stayed on the bench -- and set into motion a chain of events that will culminate next month, when the challenge to the voter-approved ban on same-sex marriage is heard at the United States Supreme Court.

Walker in 2010 ruled that the ban was unconstitutional, without social justification and singling out same-sex couples for discrimination -- unequal treatment under the law, the newspaper reported. A federal appeals court largely agreed.

Prop. 8's backers have put forth a weak case for defending their law, Walker says -- only two witnesses appeared in court to try to defend the law, he noted, and later, it seemed Prop. 8 backers' best effort to overturn his ruling was to point out that he is gay and therefore biased.

"It was their Hail Mary," he said.



Photo Credit: Getty Images
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