DA investigating Texas' troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.

Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.

Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

"There appears to be a cover-up going on," Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.

___

Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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L.A. official is offered deal on drunk driving

The San Bernardino County district attorney offered a deal to Los Angeles Board of Public Works President Andrea Alarcon on Tuesday that would require her to plead guilty to drunk driving and child endangerment stemming from her arrest near Running Springs two days before New Year's.

Alarcon attorney Michael Scafiddi declined to comment about the offer but told the case prosecutor that he is prepared to fight the allegations.

Alarcon, 33, has been charged with misdemeanor counts that include driving under the influence and child endangerment, since her now 11-year-old daughter was in the car when she was detained by the California Highway Patrol on Highway 18 about 9 p.m. on Dec. 30, 2011.

A pretrial hearing in the case was postponed until Jan. 23. Alarcon did not appear at Tuesday's court session.

Deputy Dist. Atty. William Gale said his office is unwilling to budge on the two main charges. Alarcon's blood alcohol level that night was allegedly 0.19 — more than twice the legal limit of 0.08, Gale said.

Scafiddi said Alarcon might challenge some of the blood-alcohol evidence.

"A plea to DUI and child endangerment, that's our position," Gale said. "That's what she's guilty of."

Under the deal, Alarcon would face no jail time but would face four years' probation, a mandatory DUI class, a 52-week program for child abusers and more than $2,000 in fines.

According to the CHP, witnesses reported a vehicle with a flat tire. When an officer contacted Alarcon, who was in the vehicle with a juvenile passenger, the officer noticed "signs of intoxication" and began a DUI investigation, said CHP spokesman Benjamin Baker. Alarcon was placed under arrest on suspicion of driving under the influence.

Alarcon, the daughter of Los Angeles City Councilman Richard Alarcon, is also being investigated for a second alleged child endangerment incident that occurred downtown shortly before midnight on Nov. 16 when her daughter was found unattended at City Hall.

An assistant to a top aide of Mayor Antonio Villaraigosa told Los Angeles police that she and Alarcon were at a downtown hotel the night that the 11-year-old was found alone about 11:45 p.m.

According to law enforcement sources, the girl told police she secretly followed Alarcon out of City Hall about 10:30 p.m. as her mother walked with a man and woman. When the girl caught up at 1st and Main streets, Alarcon told her to go back and wait at City Hall, according to the sources. Officers who patrol city buildings saw the 11-year-old a short time later and, about 11:45 p.m., took the girl to a Los Angeles Police Department station, the sources said.

San Bernardino County prosecutor Gale said the City Hall investigation "didn't help her case out here."

Alarcon, who was appointed by Villaraigosa to her $130,000-a-year post, has taken a leave of absence and has not been charged or arrested in the City Hall incident.

Sandi Gibbons, spokeswoman for Los Angeles County Dist. Atty. Jackie Lacey, confirmed two weeks ago that an investigation regarding Alarcon had been referred to her office but said prosecutors requested more evidence before determining whether to file charges.

Lacey's deputies are prosecuting a perjury and voter fraud case against Alarcon's father and his wife, Flora Montes de Oca Alarcon. That case centers on whether the councilman lied about living in a house in Panorama City.

phil.willon@latimes.com

Times staff writers Andrew Blankstein and David Zahniser contributed to this report.

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Morsi Spokesman Tries to Clarify Military Order

Petr David Josek/Associated Press

Demonstrators camping out in Cairo's Tahrir Square on Monday.

CAIRO — A day after President Mohamed Morsi formally directed the military to help keep public order and authorized soldiers to arrest civilians, a spokesman on Monday sought to draw distinctions between the order and the forms of martial law that the Egyptian Army had previously imposed.

The spokesman, Khaled al-Qazzaz, said the president empowered the military for the limited purpose of protecting polling stations during Saturday’s constitutional referendum. He also said the president had instructed the army to refer any civilians arrested by soldiers to a civilian court for trial, instead of military tribunals, reversing the blanket authorizations that the Egyptian military has long demanded when it takes on a policing role in the streets.

“This is very different from what happened under the SCAF,” said Mr. Qazzaz, referring to the Supreme Council of the Armed Forces, which ruled Egypt after President Hosni Mubarak was ousted and until Mr. Morsi took office. “There will be no military trials.”

But Heba Morayef, a researcher with Human Rights Watch, noted that the text of the order allowed the military to keep taking civilians to military courts. “Had he wanted to,” Ms. Morayef said, “President Morsi could have stipulated that the military’s jurisdiction would have been limited in this case and that every civilian will be referred to a civilian court, but he chose not to.”

Mr. Morsi’s latest assurances were unlikely to comfort his growing cast of opponents, who have taken to the streets in large numbers repeatedly since late November, when he issued a decree putting his decisions above the law. The president was forced to rescind most of his decree, but he has not budged on a central opposition demand: that he cancel the Saturday referendum on the constitutional draft.

Faced with the possibility of the vote, Egypt’s opposition parties on Monday were weighing their approach to the referendum and said they would continue to hold large protests. The biggest opposition coalition, the National Salvation Front, said it would announce Tuesday whether it would call for a boycott of the referendum, or instead urge the public to vote down the draft charter, which opposition groups have criticized as deeply flawed and written by a panel representing narrow, Islamist interests.

There appeared to be divisions and flux within the opposition. On Sunday, the opposition used language that seemed to favor a boycott, saying in a statement that it rejected “lending legitimacy to a referendum that will definitely lead to more sedition and division.” But in an interview broadcast Monday, the coalition’s coordinator, Mohamed ElBaradei, said: “We might go to the vote.”

During the interview with Christiane Amanpour of CNN, Mr. ElBaradei, the former chief of the International Atomic Energy Agency, urged Mr. Morsi to delay the referendum for a few months, saying that the draft constitution — a “sham,” he called it — did not adequately protect women, freedom of expression or religion.

Mr. ElBaradei asserted that at least half of the country harbored similar reservations about the charter, and insisted that the opposition’s tactics — holding large protests and raising the possibility of a boycott — were not just obstructionism by groups who have struggled to mount a credible challenge to the better-organized Islamist groups.

“We are at a cross in the road,” he said. “It’s not that we’re fighting for the sake of fighting. It’s not that we’re sore losers.”

Mr. ElBaradei left open several possible courses of action, including a boycott. “If need be, we probably will go to the polls and make sure the document will not pass. Even if it will pass, we will continue to fight.”

There were other signs of momentum toward a highly contested vote on Saturday. The April 6th Revolutionary Youth Group, which is not a member of the coalition but coordinates activities with the National Salvation Front, began a campaign urging a no vote, called “Your Constitution does not represent us.”

A group representing administrative court judges said its members would supervise the referendum, under certain conditions, demanding a secure environment and even life insurance policies for judges, possibly smoothing the way for a credible contest. Other judges’ groups have said they would boycott the vote. A spokesman for the Muslim Brotherhood, the Islamist party that forms the primary base of Mr. Morsi’s support, said on Monday that they believed a sufficient numbers of judges had agreed to supervise the polls, ensuring that the vote could go forward.

Mayy El Sheikh contributed reporting from Cairo.

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Behind the New Modern Seinfeld Twitter Account, Which Is Not About Nothing

Seinfeld has never left our pop culture lexicon. Just recently we’ve seen it referenced in the presidential race and in Game of Thrones parodies. But what would the seminal “show about nothing” be like if its characters could use cell phones or Facebook? The @SeinfeldToday Twitter account, which popped up Sunday evening, ventures to propose of-the-moment plots for a modern Seinfeld. For example:  

Kramer is under investigation for heavy torrenting. Jerry’s new girlfriend writes an extremely graphic blog. George discovers Banh Mi.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

The man behind the account, BuzzFeed’s sports editor Jack Moore, started tweeting out scenarios with his friend, comedian Josh Gondelman, and then decided that the joke merited its own account. Moore is a Seinfeld fanatic himself: “I’m pretty much constantly watching episodes in the background while I’m doing anything,” he told us in an email. “I have a thumb drive with the whole series on it that I keep in my bag pretty much all the time.” 

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So far, the modern-day episode summaries ring true, despite warnings from Gawker last year that classic episodes wouldn’t have worked if the characters just had the use of newfangled technology. “It would be different but not as different as everyone acts like,” Moore wrote to us. “People always say that ‘if they had cell phones Seinfeld couldn’t exist,’ which is true for a certain type of Seinfeld episode, but not as a general rule (which I think the account shows).” 

RELATED: Jon Huntsman Finds His Voice by Sounding Like a Dad on Twitter

The account makes it obvious that Internet apps and 2012 trends would create the same awkward situations that Seinfeld thrived on. For example: 

Kramer uses grinder to meet new friends, doesn’t know it’s a gay hook-up app. Jerry refuses to admit he cried on @wtfpod.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

Elaine has a bad waiter at a nice restaurant, her negative Yelp review goes viral, she gets banned. Kramer accidentally joins the Tea Party.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

George thinks his GF is faking a gluten-intolerance, feeds her real cookies, sending her to the ER. Autocorrect ruins Jerry’s relationship.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

We kind of really want to see some of these made, actually. Reunion special? 

Social Media News Headlines – Yahoo! News

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Hayden Panettiere Splits with Scotty McKnight

12/10/2012 at 07:50 PM EST

Hayden Panettiere and Scotty McKnight

Splash News Online

Is there a tear in her beer?

Nashville star Hayden Panettiere has broken up with her boyfriend of more than a year, New York Jets wide receiver Scotty McKnight, a source confirms to PEOPLE.

But the split doesn't appear to be the stuff of a sad country song. The actress, 23, is still friends with McKnight, 24, and one source tells TMZ that their pals wouldn't be surprised if they got back together.

This is Panettiere's second go at a relationship with an athlete. Before dating McKnight she was with Ukrainian boxer Wladimir Klitschko for about two years.
– Julie Jordan

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Surprise: New insurance fee in health overhaul law

WASHINGTON (AP) — Your medical plan is facing an unexpected expense, so you probably are, too. It's a new, $63-per-head fee to cushion the cost of covering people with pre-existing conditions under President Barack Obama's health care overhaul.

The charge, buried in a recent regulation, works out to tens of millions of dollars for the largest companies, employers say. Most of that is likely to be passed on to workers.

Employee benefits lawyer Chantel Sheaks calls it a "sleeper issue" with significant financial consequences, particularly for large employers.

"Especially at a time when we are facing economic uncertainty, (companies will) be hit with a multi-million dollar assessment without getting anything back for it," said Sheaks, a principal at Buck Consultants, a Xerox subsidiary.

Based on figures provided in the regulation, employer and individual health plans covering an estimated 190 million Americans could owe the per-person fee.

The Obama administration says it is a temporary assessment levied for three years starting in 2014, designed to raise $25 billion. It starts at $63 and then declines.

Most of the money will go into a fund administered by the Health and Human Services Department. It will be used to cushion health insurance companies from the initial hard-to-predict costs of covering uninsured people with medical problems. Under the law, insurers will be forbidden from turning away the sick as of Jan. 1, 2014.

The program "is intended to help millions of Americans purchase affordable health insurance, reduce unreimbursed usage of hospital and other medical facilities by the uninsured and thereby lower medical expenses and premiums for all," the Obama administration says in the regulation. An accompanying media fact sheet issued Nov. 30 referred to "contributions" without detailing the total cost and scope of the program.

Of the total pot, $5 billion will go directly to the U.S. Treasury, apparently to offset the cost of shoring up employer-sponsored coverage for early retirees.

The $25 billion fee is part of a bigger package of taxes and fees to finance Obama's expansion of coverage to the uninsured. It all comes to about $700 billion over 10 years, and includes higher Medicare taxes effective this Jan. 1 on individuals making more than $200,000 per year or couples making more than $250,000. People above those threshold amounts also face an additional 3.8 percent tax on their investment income.

But the insurance fee had been overlooked as employers focused on other costs in the law, including fines for medium and large firms that don't provide coverage.

"This kind of came out of the blue and was a surprisingly large amount," said Gretchen Young, senior vice president for health policy at the ERISA Industry Committee, a group that represents large employers on benefits issues.

Word started getting out in the spring, said Young, but hard cost estimates surfaced only recently with the new regulation. It set the per capita rate at $5.25 per month, which works out to $63 a year.

America's Health Insurance Plans, the major industry trade group for health insurers, says the fund is an important program that will help stabilize the market and mitigate cost increases for consumers as the changes in Obama's law take effect.

But employers already offering coverage to their workers don't see why they have to pony up for the stabilization fund, which mainly helps the individual insurance market. The redistribution puts the biggest companies on the hook for tens of millions of dollars.

"It just adds on to everything else that is expected to increase health care costs," said economist Paul Fronstin of the nonprofit Employee Benefit Research Institute.

The fee will be assessed on all "major medical" insurance plans, including those provided by employers and those purchased individually by consumers. Large employers will owe the fee directly. That's because major companies usually pay upfront for most of the health care costs of their employees. It may not be apparent to workers, but the insurance company they deal with is basically an agent administering the plan for their employer.

The fee will total $12 billion in 2014, $8 billion in 2015 and $5 billion in 2016. That means the per-head assessment would be smaller each year, around $40 in 2015 instead of $63.

It will phase out completely in 2017 — unless Congress, with lawmakers searching everywhere for revenue to reduce federal deficits — decides to extend it.

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Man lived with murdered girlfriend's rotting corpse for months, DA says

Prosecutors say a Stockton man lived with his girlfriend's rotting corpse for months after killing her.

In court last week, prosecutors alleged that the man hit is girlfriend on the head with a  a metal table pedestal, raped her and stabbed her 32 times.

Devon Epps was evicted from his apartment in December 2011. The next
day, when the apartment manager stopped by, they found a dead body in
the bathroom.

Epps was arrested and then arraigned a few days later. At an earlier hearing, he yelled at a San Joaquin County judge, according to Fox 40.

Investigators identified the body as Veronica Jones, who was last seen at a family function with Epps in May 2011.

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Damascus Is Tested as Clashes Draw Near

Muzaffar Salman/Reuters

A member of Syria's symphony orchestra ahead of a concert in Damascus in November.

DAMASCUS, Syria — Business has been terrible for Abu Tareq, a taxi driver, so last week, without telling his wife, he agreed to drive a man to the Damascus airport for 10 times the usual rate. But, he said later, he will not be doing that again.

On the airport road, he could hear the crash of artillery and the whiz of sniper fire. Dead rebels and soldiers lay on the roadsides. Abu Tareq saw a dog eating the body of a soldier.

“I will never forget this sight,” said Abu Tareq, 50, who gave only a nickname for safety reasons. “It is the road of the dead.”

Damascus, Syria’s capital, is one of the world’s oldest continuously inhabited cities, a touchstone of history and culture.

Through decades of political repression, the city preserved, at least on the surface, an atmosphere of tranquillity, from its wide downtown avenues to the spacious, smooth-stoned courtyard of the Umayyad Mosque and the vine-draped alleys of the Old City, where restaurants and bars tucked between the storehouses of medieval merchants hummed with quiet conversation.

Now, though, the rumble of distant artillery echoes through the city, and its residents are afraid to leave their neighborhoods. Cocooned behind rows of concrete blocks that close off routes to the center, they huddle in fear of a prolonged battle that could bring destruction and division to a place where secular and religious Syrians from many sects — Sunni, Shiite, Alawite, Christian and others — have long lived peacefully.

For more than a week, Syrian rebels and government forces have fought for the airport road, as the military tries to seal off the capital city, the core of President Bashar al-Assad’s power, from a semicircle of rebellious suburbs. Rebels have now kept the pressure on the government for as long as they did during their previous big push toward Damascus last summer. This time, improved supply lines and tactics, some rebels and observers say, may provide a more secure foothold.

But the security forces wield overwhelming firepower, and while they have been unable to subdue the suburbs, some rebel fighters say they lack the intelligence information, arms and communication to advance. That raises the specter of a destructive standoff like the one that has devastated the commercial hub of Aleppo.

“Damascus was the city of jasmine,” Mahmoud, 40, a public-school teacher, said in an interview in the capital. “It is not the city I knew just a few weeks ago.”

Car bombs have ripped through neighborhoods, the targets and attackers only guessed at. Checkpoints choke traffic, turning 20-minute jaunts into three-hour ordeals. Wealthy residents find it quicker and safer to drive to Beirut, Lebanon, for a weekend trip than to the Old City.

Shells have been fired from Mount Qasioun overlooking Damascus, a favorite destination from which to admire the city’s sparkling lights. West of downtown, where the presidential palace stands on a plateau, things are relatively quiet.

Mahmoud, unable to find heating oil and medicine for his sick wife, said his grocer has lectured him daily on shortages and soaring prices. The once-ubiquitous government, he said, now appears to have no role beyond flooding streets with soldiers and security officers, “who are sometimes good and sometimes rude.”

People with roots in other towns have left, he said, “but what about me, who is a Damascene, and has no other city?”

The sense of claustrophobia has grown as rebels have declared the airport a legitimate target and the government has blocked Baghdad Street, a main avenue out of the city. On Sunday, it blocked the highway to Dara’a.

In some outlying neighborhoods and nearby suburbs, the front lines seem to be hardening.

On the route into Qaboun, a neighborhood less than two miles from the center of Damascus, the last government checkpoint in recent days was near the municipal building. Less than a quarter-mile on, rebels controlled the area around the Grand Mosque.

An employee of The New York Times reported from Damascus, and Anne Barnard from Beirut, Lebanon. Neil MacFarquhar contributed reporting from Beirut.

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Amazon’s Android Appstore explodes, downloads increase 500% over last year

Amazon’s (AMZN) Appstore is on fire. While the marketplace may not boost as many apps as Google’s (GOOG) Play Store, it has seen substantial growth in the past year. In fact, the company announced on Thursday that its Appstore has seen downloads increase more than 500% since last year. Amazon also revealed that the number of developers utilizing in-app purchasing doubled in the third quarter and that 23 of the top 25 grossing apps now incorporate the technology.

“Amazon offers the best end-to-end solution for app and game developers,” said Aaron Rubenson, Director of Amazon Appstore for Android. “Developers can use Amazon Web Services’ building blocks as the infrastructure for their games. To enhance customer engagement, they can add features like GameCircle’s Leaderboards, Achievements, Friends, and Whispersync. Amazon’s In-App Purchasing allows developers to generate additional income. Finally, since discovery can be a major challenge for app developers, we’re providing more and more ways to help developers reach customers on Amazon, Kindle Fire devices, and in our Appstore. We’re working hard to make lives easier for developers, and to give them more ways to grow their business.”

The success of Amazon’s Appstore is directly related to the success of its Kindle Fire line of tablets. Unlike most Android devices, the Kindle Fire does not include access to Google Play and instead must rely solely on Amazon’s offering for content and applications.

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Wireless News Headlines – Yahoo! News

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Police kill student in university dorm

About L.A. Now

L.A. Now is the Los Angeles Times’ breaking news section for Southern California. It is produced by more than 80 reporters and editors in The Times’ Metro section, reporting from the paper’s downtown Los Angeles headquarters as well as bureaus in Costa Mesa, Long Beach, San Diego, San Francisco, Sacramento, Riverside, Ventura and West Los Angeles.

Have a story tip for L.A. Now?

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