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  • Obama's Supreme Court brief on same-sex marriage will have little impact: experts

    Beck Diefenbach / Reuters file

    Gay marriage supporters cheer during a rally moments before hearing that Proposition 8 had been overturned outside the Ninth Circuit Courthouse in San Francisco, Calif., on Feb. 7, 2012. A federal court later declined an appeal to revisit California's gay marriage ban in June, clearing the way for the Supreme Court to consider whether the ban violates the U.S. Constitution.

    Gay rights groups cheered the Obama administration’s weighing in on a landmark Supreme Court case to allow same-sex marriage, while opponents decried the move as “war.”

    But ultimately, constitutional and Supreme Court scholars say the government’s action of filing a legal brief on Thursday in support of repealing California’s Proposition 8, which bans gay marriage, will have little impact on the outcome of the case though it would carry some symbolic meaning.

    Previous administrations have weighed in on cases brought to the nation’s highest court in which they were not directly involved -- such as the Truman and Eisenhower presidencies over the desegregation of schools, and the Reagan administration urging the justices to overrule the legalization of abortion, said Michael Klarman, a Harvard Law School professor and author of “From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage.”

    “I don’t think that the government’s brief (on Prop. 8) would be that influential and I don’t say that because I think in general that’s the case, but I think everybody already knew what the administration’s position was,” he told NBC News.

    “The president has made this such a salient issue and has been so clear about his position that I don’t think the brief really adds anything that we didn’t know,” he added, referring to Obama’s calls since last May for same-sex couples to have the right to marry, including his reference to the issue in his 2013 inaugural address.

    Obama administration steps into gay marriage battle

    The justices will hear oral arguments on Prop. 8 on March 26, with a decision expected in June.

    In the legal filing, the Justice Department went further than the California case and suggested it was unconstitutional to block gay couples from getting married in at least seven other states where civil unions are offered instead. Those states, the department said, violate the Constitution if they offer civil unions to gay couples but deny them the right to marry.

    While the administration takes no position in its brief beyond those states, its reasoning would have even broader implications. If the administration's legal theory were ultimately accepted, no state could, under constitutional guarantees against discrimination, deny same sex couples the right to marry.

    But the administration is technically not a litigant to the Prop. 8 case, like it is in the other case that the justices will hear in late March over the constitutionality of the Defense of Marriage Act, a federal law barring recognition of same-sex couples.

    G. Edward White, author of "The American Judicial Tradition: Profiles of Leading American Judges” and a Supreme Court scholar at the University of Virginia School of Law, said he thought the legal impact of the administration’s move in Prop. 8 would be “virtually zero.”


    “I really don’t think one should attach any legal significance to this particular intervention,” he said before the brief was released.

    Noting that Obama “been quite late to alter his view on same-sex marriage” -- he did so last May, announcing he supported it -- White thought this was a way to remind everybody that the administration “has now officially changed its mind on the issue.”

    “My takeaway is really that this is a symbolic act on the part of the administration,” he said. “They’re doing it for political currency purposes. The justices are going to understand that’s what it is.”

    William Eskridge, a professor at Yale Law School and a constitutional law expert who has authored many works on legal issues facing same-sex couples, said he didn’t think the brief would “necessarily change any minds” or be “as important for the outcome of the case” as the separate filings this week by about 130 notable Republicans as well as large businesses in support of same-sex marriage.

    Clint Eastwood to Supreme Court: Drop California's ban on same-sex marriage

    Klarman, of Harvard, agreed, saying he thought the brief by the Republicans could influence Justice Anthony Kennedy, whom he considers the swing vote on gay marriage.

    “I think someone like Justice Kennedy … is interested among other things in how much political backlash there would be to a ruling in favor of gay marriage. The fact that there's so many Republicans now committing to support it is highly relevant,” he said.

    “I think it matters that Obama was re-elected," he also noted. "If there were a President Romney who would be committed to opposing the decision then I think, you know, a swing justice might be more hesitant. I think it matters that Obama is president and I think it matters that Obama already came out in favor of this, but I don’t think the brief really adds much information.”

    Though the experts don’t expect the legal briefs to carry much weight among the justices, parties on both sides of the issue were roused by the move.

    ProtectMarriage.com, which brought the legal challenge to keep Prop. 8 on the books after the state of California decided not to defend it, decried the effort, calling it a “frontal assault” on the law by the Solicitor General in an email to supporters.

    The group also said the bid was “a stunning declaration of war against the longstanding meaning of marriage and its obvious ties to society’s interesting in both mothers and fathers raising the next generation.”

    Meanwhile, the American Foundation for Equal Rights, the sole sponsor of the challenge to Prop. 8 that also organized the brief by moderate and conservative Republicans as well as Libertarians, welcomed the government to its side.

    “The brief filed by the Solicitor General is a powerful statement that Proposition 8 cannot be squared with the principles of equality upon which this nation was founded,” the group said in a statement. “AFER looks forward to having Solicitor General (Donald) Verrilli and the federal government by our side as we make the case for marriage equality for all before the Supreme Court.”

    Related:

    Once 'inconceivable,' Republican leaders sign pro-gay marriage brief
    Widow to Supreme Court: Same-sex marriage ban is unconstitutional
    US asks Supreme Court to strike down law denying benefits to same-sex couples

  • Pentagon to resume flights of grounded F-35 fighter jets

    Reuters

    The second production model F-35A Lightning II aircraft flies above the compass rose of Rogers Dry Lakebed at Edwards Air Force Base, Calif., in this image distributed by the U.S. Air Force dated May 13, 2011.

    The Pentagon said on Thursday it would resume flights of its F-35 fighter jets, which were grounded a week ago after a crack was discovered in an engine blade during a routine inspection.

    The cautionary flight suspension began on Feb. 21 after a 0.6 inch crack was found on a turbine blade of a test aircraft at the Edwards Air Force Base F-35 Integrated Test Facility.


    Comprehensive tests on the blade were later conducted at the Pratt & Whitney facility in Middletown, Conn., where prolonged exposure to high levels of heat and other operational stressors were determined to be the cause of the crack, a statement from the F-35 Joint Program Office read.

    No additional cracks were found during inspections of the remaining inventory, the statement added.

    It was the second time F-35s have been grounded in recent weeks. The Pentagon grounded its 25 F-35B jets, used by the Marine corps, on Jan. 18 after a fuel line detached during a training flight.

    The F-35B — one of three varieties used by the U.S. — was cleared to resume testing two weeks ago.

    The Defense Department touts the Joint Strike Fighter — its most expensive military hardware program, at roughly $400 billion — its "next-generation strike aircraft weapon systems," offering "cutting-edge technologies to the battlespace of the future."

    Military planners envision the F-35 as taking a lead role in so-called "first day of war" operations, eventually replacing a range of workhorse jets, including the F-16, the A-10 and the F/A-18. Current plans call for the U.S. to buy 2,443 aircraft under a contract with Lockheed Martin.

    NBC News' Courtney Kube and M. Alex Johnson contributed to this report.

    Related:

    Pentagon grounds all F-35 strike fighters over crack in engine blade

  • NY woman who guarded flying cash gets her reward

    A woman in New York returned $11,000 in coins and bills that flew her way off an armored truck on a bumpy highway. Mark Mulholland of NBC station WNYT reports.

    The New York woman who guarded $11,000 in cash that flew out the back of an armored truck this week will get a $2,500 reward.


    Patricia Wesner, executive director of the Pember Library and Museum in Granville, N.Y., called police, got out of her car and stayed with the money Tuesday rather than pocket any of it for her struggling nonprofit. "It's stealing if you take something that's not yours," she said. "It didn't belong to me."

    NBC station WNYT of Albany reported Thursday that Brinks Inc., the company that operated the truck, sent long-stem roses to Wesner's home Wednesday. And now, the company is rewarding her with $2,500 for her honesty.

    "A couple car repairs might be nice, and my daughter is flying to New York on Friday," she said. "It's both our birthdays, and we'll probably do something fun in New York."

    You can read the full story of Wesner's honesty here.


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  • Hoping for a 'fresh start,' mother abandons child in woods

    A 24-year-old Pennsylvania woman abandoned her 8-month-old daughter in the woods with the hopes of getting “a fresh start,” according to police.

    Jennifer Cutruzzula was spotted by a neighbor walking into the woods with her child, only to emerge alone. The neighbor called police and went into the woods and found the baby girl on a muddy hillside next to a bottle of milk.

    “She walked into this area with the intention of abandoning the child,” said Alleghany County District Attorney Stephen Zappala.

    Cutruzzula told police she left her child because she wanted “a fresh start,” according to a criminal complaint.

    Authorities say the infant is fine after being treated and released from a local hospital. The baby is currently in the custody of Child and Youth Services, according to WPXI-TV Pittsburgh.

    Cutruzzula is charged with endangering the welfare of children and recklessly endangering. She is being held on $50,000 bail.

    Zappala said the Pittsburgh-area woman will undergo a mental evaluation.

    “I have never see anything like this. I don’t know how anyone could leave a child in the woods and walk away,” said Zappala.

  • Parents of horribly abused Georgia teen sentenced to 15 years

     

    Paulding County, Ga., Sheriff's Office

    Paul and Sheila Comer in undated sheriff's photos.

    The mother and stepfather of an 18-year-old Georgia boy who was found gaunt and severely malnourished last year across the country in Los Angeles were each sentenced to 15 years in prison Thursday.

    Paul Comer, 48, and Sheila Comer, 40, of Dallas, Ga., pleaded guilty in Paulding County Superior Court to cruelty to children and false imprisonment.

    As part of the plea deal, the Comers agreed to forfeit all of their assets, which will be sold and put into a trust to care for their son, Mitch Comer, 18, and his two sisters, ages 13 and 11.


    A security guard discovered Mitch Comer starving and shivering at a bus station in Los Angeles on Sept. 11. He was 5 feet, 1 inch tall and weighed 87 pounds; he was so undernourished that authorities at first thought he was 12 years old.

    The young man told police that his parents had given him $200 on his 18th birthday, put him on a bus in Mississippi and ordered him to never return to their home in Dallas, about 40 miles northwest of Atlanta.

    What he then told investigators was even more shocking.

    Investigators said the young man was locked in a bedroom for a year and then locked in a bathroom for another year, with the fixtures removed so he couldn't turn on the lights or the water. Two of the initial charges against Paul Comer alleged that he kicked his stepson in the groin and punched him in the face.


    The young man's sisters told police they didn't even know what color their brother's hair was because they hadn't seen him for two years, even though he was living with them.

    Paul and Sheila Comer contended that Mitch was a troubled child and that the treatment was for his own good. But faced with what could have been more than 100 years in prison, they pleaded guilty Thursday.

    "What we did was we avoided the necessity of putting either Mitch or his two sisters through a two-week trial which would have been incredibly emotionally draining for them and probably more detrimental than it would have been worth it," Paulding County District Attorney Dick Donovan told NBC station WXIA of Atlanta.

    The Comers' daughters remain in protective custody. Mitch Comer is living with a foster family at an undisclosed location while he attends private school.

    He wasn't in court for his parents' sentencing Thursday. WXIA said it was told that he preferred to go to class.

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  • Murder charge filed in death of Mississippi mayoral candidate

     

    marcomcmillian.com

    Marco Millian, 34, was widely noted as one of the first openly gay candidates for public office in Mississippi.

    Authorities charged a Mississippi man with murder Thursday, a day after the body of a candidate for mayor of Clarksdale, Miss., was found.

    Authorities had been searching for Marco McMillian, 34, since Tuesday morning, when his sport-utility vehicle was involved in a head-on collision in Coahoma County.


    Coahoma County, Miss., Sheriff's Office

    Lawrence Reed, 22, of Shelby, Miss., was charged Thursday, Feb. 28, with murder.

    McMillian, however, wasn't in the car. His body was found Wednesday near a Mississippi River levee between the rural towns of Sherard and Lena, said Coahoma County Coroner Scotty Meredith.

    The driver of the car, identified as Lawrence Reed, 22, of nearby Shelby, was airlifted to a hospital in Memphis, Tenn., where he was listed in good condition.

    In a one-sentence statement Thursday, the Coahoma County Sheriff's Office said it had charged Reed with murder. It gave no further details, but the most likely next step would be for Mississippi officials to seek Reed's extradition from Tennessee once he is released from the hospital.

    McMillian — who was chief executive of MWM & Associates, a consultant to nonprofit organizations — was widely noted as one of the first openly gay candidates for public office in Mississippi.

    His campaign spokesman, Jarod Keith, told the Clarion-Ledger newspaper of Jackson that McMillian's sexuality was never an issue in the campaign.

    In a statement Wednesday, McMillian's campaign said: "Words cannot describe our grief at the loss of our dear friend, Marco McMillian. The shocking news of Marco's death is beyond difficult for us to process."

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  • Suspect in Las Vegas Strip killings arrested in Los Angeles

    REUTERS/Las Vegas Metropolitan Police Department/Handou

    Ammar Harris is shown in this undated Las Vegas Metropolitan Police Department handout photo.

     

    The suspect in last week's triple slaying on the Las Vegas Strip has been arrested in Los Angeles, the Clark County District Attorney's Office said on Thursday.

    Ammar Harris, 26, was taken into custody in LA in connection with the shooting death of Oakland rapper Kenneth Wayne Cherry Jr. aka Kenny Clutch, officials said.

    Details about his arrest were not immediately available. KSNV, NBC's affiliate in Las Vegas, reported that the suspect was hiding out in LA at a friend's home that a task force of officers had been watching.

    Las Vegas police expect to have more information about the arrest at an afternoon press conference.

    Police accuse the suspect of being the driver of a Range Rover from which gunfire erupted, killing the 27-year-old rapper.

    Clutch died at the wheel of a Maserati.

    The Maserati crashed into a taxicab which subsequently exploded, killing the driver and the 48-year old passenger.

    Harris was identified by police as the lead suspect in the case.

    Harris could be seen online boasting about the stacks of money that have come his way thanks to being a pimp, according to reports.

    In one video, Harris "flashes a thick stack" of $100 bills.

    In a Web posting, he boasts of the flock of women at his home, all of whom are working for him.

    In another, he talks about the birthday party he is organizing on a boat in the Atlantic Ocean, replete with a $1,000 bikini contest, the AP reported.

  • Investigation after teen points gun at classmate in video

    New Mexico police are investigating a video posted on Facebook that shows a teen pointing a gun at a 16-year-old autistic boy and threatening to shoot him if he didn't kiss his shoes. KOB's Jill Galus reports.

    A disturbing video of teenagers pointing a gun at one of their peers, taunting him, has led to a police investigation in New Mexico.

    The video, in which a reportedly autistic boy is cornered in a bedroom while another kid holds a weapon up to his face, shows at least two other teens laughing and yelling.

    One, referring to the gun, says "It's f***ing loaded, b*tch," then props his foot up on a bed. He tells the boy, "Kiss my shoes." The other says, "dude, you better f***ing kiss his shoe."

    NBC affiliate KOB.com reported the video was recorded in January, but only recently posted onto Facebook. The father of the boy who was being taunted shared the video, which was taken down from Facebook, with the news station; the faces of all the teens have now been blurred to protect their identities.


    The 16-year-old boy who was being terrorized in the video was autistic, his father told KOB.com.

    Calls from NBC to the Los Alamos police department were not immediately returned, but the school district confirmed the incident took place at a house in Los Alamos, off of school grounds.

    "There were not any arrests," Los Alamos Superintendent Gene Schmidt said. "Two detectives did come onto our campus to interview potential witnesses. From what I understand, later on, a citation was issued."

    KOB.com reported that the teen with the gun was charged with aggravated assault, but it was not clear if the other teens faced charges or if anyone was physically harmed.

    The students all attended Los Alamos High School, Schmidt said.

    He couldn't comment on disciplinary action in the case, but said, "We do have an active protocol when the school is concerned that bullying may or may not be taking place. We work very actively to set up a safety plan for those people involved. ... Our administrative team was aware of this investigation, and a parallel universe was developed in which safety plans for students at the high school was developed and deployed." 

     

  • Police: Man breaks into apartment, stays as woman cooks meal, then flees on bicycle

    A man who stole $100 from a Santa Ana apartment resident  Monday morning returned to the same complex hours later, broke into another unit and ordered a resident to cook for him as he ingested narcotics, according to police.


    Santa Ana police released a sketch of the man wanted in the burglary reported Monday in the 500 block of North Lyon Street. He remained at the apartment for about three hours before leaving on the woman's bicycle.


    The first case occurred at about 7 a.m. when the man entered a residence through an unlocked door. The man stole $100 from the resident's purse as she slept, then "calmly fled" after he encountered the woman's son, police said.

    About six hours later, the man returned to the apartment complex and forced his way through the window of another unit. A female resident confronted the man, who demanded that she remain in the apartment and cook a meal for him.

    "The victim in fear for her safety complied with the suspect’s demands to cook for him while the suspect ingested narcotics," police said in a statement.

    Police in Santa Ana, Calif., released this sketch of a man who they say broke into a woman's apartment and demanded a meal before stealing her bicycle.

    The man -- police said they do not believe he had a weapon -- remained in the apartment for about three hours before leaving on the woman's blue Schwinn Beach Cruiser bicycle.

    Call 855-847-6227 or 714-245-8345 with information about the case.

    The subject was described as a black male, about 40 years old, 5-feet-5 and 160 to 170 pounds. He was wearing a black "snow-type" jacket with a black hooded sweatshirt that had a red writing or logo on the front.

  • 18 cats, 2 birds killed in Connecticut house fire

    View more videos at: http://nbcconnecticut.com.

    Eighteen cats and two birds were killed during a Connecticut house fire, but firefighters were able to save eight other pets. 

    The blaze broke out just after 1:30 a.m. in the town of Berlin, and the female homeowner, Katherine O'Leary, was able to escape without being injured.

    Matt Odishoo, the deputy fire marshal of Berlin, said the fire department brought most of the surviving animals out and revived them, before turning them over to animal control.

    The surviving animals include seven cats and one sheep dog named Quigley. They are in the custody of Berlin Animal Control.

    "They look healthy. They're traumatized, obviously, but they look healthy. They're good weights," Jan Lund, the animal control officer for Berlin, said.

    For more, visit NBCConnecticut.com

    One cat is missing.

    O'Leary is expected to check on her animals on Thursday.

    Animal control plans to go over the pet records and make sure the pets are neutered in good health before returning them to O'Leary.

    No local ordinance in Berlin limits the number of pets a resident can have, Lund said, and neighbors have not issued any complaints with animal control.

    Officials believe that the fire appears to have started in mudroom. It caused extensive fire and water damage, fire officials said.

    The cause is under investigation.

  • Bigger jackpots? Florida to join Mega Millions game

    Paul Sakuma/AP file

    A customer pickets up a Mega Millions lottery ticket in Palo Alto, Calif., on March 30, 2012.

    Florida will start selling tickets to the popular Mega Millions game later this year.

    Florida Lottery officials told The Associated Press on Thursday that the state will join 42 other states in selling tickets. Tickets will go on sale on May 15. 

    The state already sells tickets to Powerball, another multistate game. It also has its own game called Florida Lotto. 

    Lottery Secretary Cynthia O'Connell said retailers and lottery players have been asking the state to join Mega Millions for years. 

    Lottery officials contend that adding Mega Millions will generate additional money for the state, despite past fears that adding games would erode sales of existing games. 

    Last summer the Florida Lottery wrapped up the most financially successful fiscal year in its history, with sales of $4.45 billion. 

  • Bronx man accused of cutting mom up with saw tells court he was trying to help

    NBC New York

    Bahsid Mclean, 23-year-old son of Tania Byrd, was charged with second-degree murder, among other charges Wednesday.

    A 23-year-old man accused of killing his mother, cutting up her body with a saw and dumping it on the curb throughout their Bronx neighborhood said at a court appearance Thursday that his mother was dying and that he was trying to help.

    Bahsid McLean, 23, was denied bail at the appearance where he was charged with second-degree murder for allegedly killing his mother, 45-year-old Tania Byrd.

    "I didn't do anything wrong," McLean shouted in court. McLean, wearing a black garbage bag, had several other outbursts during the court appearance where he is also charged with unlawful dissection of a human body. It was not immediately clear what he meant when he said his mother was dying.

    Read original story on NBCNewYork.com

    McLean's attorney said outside of court that his client is not taking the medication he needs, but would not specify what that was or the condition he has.

    McLean's friend, William Harris, 26, faces the same unlawful dissection charge for allegedly helping McLean dispose of Byrd's body. Lawyer information for Harris was not immediately available.


    Law enforcement officials tell NBC 4 New York that both men have admitted to chopping up the body and using a shopping cart to dump the parts along the curb in Morrisania, but each is pointing the finger at the other for killing Byrd.

    Officials say the two men tell different stories. The son says he left the apartment he shared with his mother at about 3 a.m. Monday to go to the ATM. When he returned, he has told investigators, his friend had stabbed Byrd to death and threatened to kill him and his 6-year-old brother if he didn't help get rid of the body.

    His friend, meanwhile, has told investigators that the son told him he killed his mother, and showed him a photograph of her, dead, asking for his friend's help in disposing of her corpse.

    The two suspects agree that they went to a Bronx hardware store to purchase supplies for the job, including a power saw and gloves. Investigators say there are bloodstains at the apartment, and that it appears someone tried to clean up the mess with bleach.

    An empty power saw box was also found there. The saw was found at the apartment of the friend's girlfriend, officials said.

    Law enforcement officials say the pair cut up the body on Monday night and dumped it around 9:30 p.m. Surveillance camera video shows the son in the apartment building lobby, leaving the elevator with numerous bags, and then video outside the building shows two men wheeling away a shopping cart.

    Officials say a man walking his dog along 158th Street in Morrisania early Tuesday morning came upon a plastic bag of what he thought were books. As he moved to open the bag, he noticed a vehicle circling the block and became nervous, so he took the bag around the corner and looked inside, finding two hands and a shoulder.

    He sent his son to call police and continued walking the dog. About two blocks away on Eagle Avenue he and the dog came upon a suitcase, and the dog sat down next to it. The man opened the suitcase and found a woman's torso, wearing a bra, according to law enforcement officials.

    Responding police found a plastic bag further down Eagle Avenue that contained a leg and a foot, and then nearby on Cauldwell Avenue, they found a black suitcase with a leg and the woman's head.

    Previous report on this story:

  • Judge accepts Bradley Manning's guilty pleas on 10 lesser charges; trial on 12 others set for June

    Patrick Semansky / AP file

    Army Pfc. Bradley Manning steps out of a security vehicle as he is escorted into a courthouse in Fort Meade, Md., on Nov. 29, 2012, for a pretrial hearing.

    FORT MEADE, Md. – A military judge on Thursday accepted guilty pleas by  Army Pfc. Bradley Manning to 10 lesser charges against him, leaving the ex-intelligence analyst to face 12 other counts for allegedly leaking hundreds of thousands of government documents to the WikiLeaks website. 

    The acceptance of the "naked guilty pleas" -- meaning there is no agreement between the government and the defense that would limit the sentence – at a pre-trial hearing means that Manning faces up to 20 years in prison, even if he is ultimately acquitted of the most-serious charges against him. 

    Col. Denise Lind, the military judge presiding over the case, also accepted Manning’s “not guilty” pleas to the remaining charges, including "aiding the enemy." His court martial on those charges, which carry a maximum sentence of life in prison, is scheduled to begin on June 3. 

    During the day-long pre-trial hearing, Manning acknowledged that his actions were a discredit to the service and that he knew WikiLeaks was not authorized to have the information he provided. 

    At one point when Lind asked him whether he knew what he was doing was wrong, he answered simply, "Yes, your honor."


    More than an hour of Thursday's hearing was consumed by Manning's composed reading of a 35-page prepared statement that offered his first public explanation of his motives for leaking the government documents to WikiLeaks. He said he did so to “spark domestic debate” on foreign policy and the wars in Iraq and Afghanistan. 

    Manning painted himself as a young man with an "insatiable thirst for geopolitical information" and a desire for the world to know the truth about what was happening in Iraq and Afghanistan. But he said he became increasingly disillusioned after being sent to Iraq by actions that "didn't seem characteristic" of the U.S., the leader of free world.

    Manning said under oath that the first documents he sent to WikiLeaks in early 2012 were the combined information data network exchanges for Iraq and Afghanistan, which he described as the daily journals of the "on-the-ground reality" of the conflicts in Iran and Afghanistan. 

    He said he sent the information while on leave and staying at his aunt's house in Potomac, Md., using a public computer at a Barnes & Noble store in Rockville or North Bethesda. He said included a brief note calling the information the most significant documents of our time, and closing with, "Have a good day." 

    He said he tried to send the information to the Washington Post and the New York Times before turning to WikiLeaks.  He said he later sent information to WikiLeaks eight other times from his personal laptop at Contingency Base Hammer in Iraq. 

    Manning is facing 22 criminal charges that include "aiding the enemy" and could face a life sentence if convicted of the most serious charges. 

    Manning said he decided to release the first batch information because he was depressed and frustrated, and felt "a sense of relief" when he returned to Iraq. He said he finally had a "clear conscience" because someone else knew what was happening. 

    His most detailed explanation involved the release of aerial weapons team video showing airstrikes that killed some Iraqi civilians and several Reuters journalists.

    “It was troubling to me" that the U.S. military in Iraq wouldn't release the video, he said. Also disturbing was the "seemingly delightful blood lust" exhibited when members of the air crew referred to the civilians as "dead bastards" and congratulated one another on their ability to kill large numbers of people. He said he was encouraged by the public response, that others were "as troubled" as he was.

    In addition to the charge of aiding the enemy, Manning pleaded not guilty to counts alleging theft of U.S documents or videos -- including allegations that he stole the list of all of the emails and phone numbers of U.S. military and personnel in Iraq at the time -- unauthorized access of that information and downloading unauthorized software onto government computers.

    The charges to which he pleaded guilty included intentionally causing intelligence information to be published on the Internet, improper handling of classified information and counts of conduct prejudicial to good order and discipline.

    Specifically, Manning acknowledged that he had unauthorized possession of information, that he willfully communicated it, and that he communicated it to an unauthorized person. However, he only acknowledged that for nine specific files or pieces of information, including: 

    • Combat engagement video of a helicopter gunship;
    • Two Army intelligence agency memos;
    • Certain records of the combined information data network exchange Iraq (which tracks all significant acts and patrol reports);
    • Combined information data network exchange Afghanistan records;
    • Some SOUTHCOM files dealing with Guantanamo Bay;
    • An investigation into an incident in a village in Farah, Afghanistan; 
    • Some Department of State cables.

    Related story: WikiLeaks case: Bradley Manning seeks first public statement on motive

    At his court martial, Manning’s defense is expected to argue that he considered himself a "whistleblower" and released the documents with "no malicious intent" or the intent to do "any harm to anyone." The government contends the release of the documents put some lives at risks, including the names of Afghans who were working with the U.S. military and intelligence.

    Jim Miklaszewski is NBC News’ Chief Pentagon Correspondent and Courtney Kube is NBC News’ National Security Producer.  

     

    This story was originally published on

  • Clint Eastwood to Supreme Court: Drop California's ban on same-sex marriage

    /

    Actor and producer Clint Eastwood is seen in September 2012 in Westwood, Calif.

    Clint Eastwood has joined about 130 self-described moderate and conservative Republicans in signing a brief to the Supreme Court arguing against California’s Proposition 8, which bans marriage for same-sex couples.

    Former Bush administration officials, including Paul Wolfowitz, deputy secretary of Defense, and Tom Ridge, former Pennsylvania governor and Secretary of Homeland Security, also were among those who signed the brief, which argued that the Constitution prohibits denying same-sex couples access to the legal rights and responsibilities of marriage, according to a copy of the brief released Thursday by the American Foundation for Equal Rights.

    Breitbart.com, which first reported that Eastwood had signed the brief, said he was a "long-time Republican with strong libertarian leanings," who had "become increasingly vocal politically." Eastwood's conversation with an empty chair representing President Barack Obama on the final day of the Republican convention briefly became a major topic on the campaign last fall.

    The nation’s high court will hear arguments in the case on March 26. Thursday is the last day for briefs to be filed in the case, and officials told NBC's Pete Williams that the Justice Department will urge the court to approve gay marriage in California.

    Six other former governors, including Jon Huntsman of Utah and Christine Todd Whitman of New Jersey, and ten former and two current members of Congress signed the brief, which was organized by AFER. Members of the George W. Bush, Mitt Romney and Sen. John McCain presidential campaigns also signed.

    In the brief, the group said it was better for children to grow up with married parents, and that legalizing same-sex marriage would ease couples’ access to benefits and rights afforded to heterosexual couples but would pose “no credible threat to religious freedom or to the institution of religious marriage.”

    They noted that many of those adding their names did not previously support same-sex marriage. But since a number of states have allowed gays and lesbians to wed, they, "like many Americans, have reexamined the evidence and their own positions and have concluded that there is no legitimate, fact-based reason for denying same-sex couples the same recognition in law that is available to opposite-sex couples."

    Rather, they “concluded that marriage is strengthened, not undermined, and its benefits and importance to society as well as the support and stability it gives to children and families promoted, not undercut, by providing access to civil marriage for same-sex couples,” the brief continued.

    Some on the list included who have had a change of heart on the issue include Meg Whitman, the Republican candidate for California governor in 2010, and David Frum, a special assistant to Bush from 2001 to 2002.

    Once 'inconceivable,' Republican leaders sign pro-gay marriage brief


    Numerous briefs have been filed in support of Prop. 8 by 20 states, religious groups, academics and legal scholars, as well as many against by businesses, labor unions, veterans, California plus thirteen states as well as the District of Columbia, and gay rights and religious groups.

    National Football League players, Chris Kluwe, a punter for the Minnesota Vikings, and Bredon Ayanbadejo, a linebacker for the Baltimore Ravens, also filed a separate brief in the case that was released Thursday afternoon. The pair has been outspoken supporters of gay rights.

    The California Supreme Court said in 2008 that the state had to allow same-sex marriage, and for a short period, some 18,000 same-sex couples wed in the Golden State. But with the passage of Prop. 8 later that same year, gays and lesbians were later prohibited from marrying. Various lower courts said the law was unconstitutional, with the most recent one determining such a fundamental right like marriage, that gays and lesbians had once enjoyed, could not be taken away.

    The Supreme Court will also hear arguments in late March on Section 3 of the Defense of Marriage Act, which bars federal recognition of same-sex marriage. The Obama administration has encouraged the justices to strike down Section 3. In its argument, the administration noted that Proposition 8 and similar measures in other states were evidence that anti-gay discrimination remained a major problem.

    Related:

    Widow to Supreme Court: Same-sex marriage ban is unconstitutional
    US asks Supreme Court to strike down law denying benefits to same-sex couples
    Supreme Court to take up same-sex marriage issue

     

  • Man with 'cutthroat' tattoo accused of slashing teen's throat

    Chester County District Attorney's Office

    Shakeem Carter, 20, whose tattoo reads "cutthroat," is accused of murder.

    A man who bears a "cutthroat" tattoo on his neck is accused of slashing a teen's throat from ear-to-ear for $350.

    "It's horrific. I just can't comprehend how this beast could do something like this," said Kayanna Stutzman, a friend of the victim's family.

    Two weeks after investigators found blood all over the walls of a burned-out apartment and then Kevin Allen's body in the ashes, prosecutors charged 20-year-old Shakeem Carter with killing the Norristown, Conn., high school student.

    Read original story on NBCConnecticut.com

    Carter, also from Norristown, killed Allen for $350 the teen had on him, according to Chester County District Attorney Tom Hogan.

    "I can rest and sleep now, knowing that he will be rotting in hell," Allen's mom, Jacqueline Castille-Dixon, said after Carter was charged.

    On February 13, police found Allen's body in his father's burning apartment in the Hanover Garden complex in North Conventry Township, Chester County.


    Blood was found smeared on the staircase to the second floor apartment and in the entryway.

    Carter allegedly sliced Allen's throat from ear to ear. He also stabbed Allen more than 20 times before setting his body on fire, according to the district attorney.

    The suspect followed the teen home on a SEPTA bus and attacked him inside the apartment building, according to authorities.

    Investigators say the money Carter allegedly stole from Allen was a gift from the teen's father.

    "What's the value of a young man's life today? Three hundred and fifty dollars, sadly, is the value of a young man's life today," Hogan said.

  • Report: School employee accidentally shot during concealed weapons class

    A month after a Texas district voted to allow school employees to carry firearms on campus, a mechanical malfunction following a concealed handgun class has injured one of its workers, according to reports.


    The employee from the Van Independent School District had stayed for one-on-one training after class with the concealed handgun license training instructor on Tuesday when a mechanical malfunction with his weapon caused his gun to misfire, NBC affiliate KETK reported. The bullet ricocheted, striking the employee in the left leg; his injury was not life-threatening, the affiliate said.

    After being treated at the scene, the employee was transferred to the nearby city of Tyler for treatment, according to KETK.

    ABC affiliate KLTV.com in East Texas reported that the man who was injured in Tuesday's incident was a maintenance worker at the school, and that he was in fair condition.

    Van Independent School District, located about an hour east of Dallas, decided on Jan. 23 to authorize certain school employees to carry concealed handguns on school property and school events, KETK reported. The decision came a week after another school district in the area, Union Grove, passed a similar measure.

    Per state law, school employees need to get a weapons license to carry a concealed handgun on school property.  KLTV reported Tuesday's incident was after a school-sponsored weapons class, but it was unclear whether it was held on school grounds.

  • 'Stormin' Norman,' Desert Storm commander, laid to rest at West Point

    Philip Kamrass / AP

    Max Karmazyn, right, sitting next to his grandmother Brenda Schwarzkopf, left, salutes during the burial of his late grandfather, Gen. Norman Schwarzkopf, at the United States Military Academy on Feb. 28, in West Point, N.Y.

    Norman Schwarzkopf, the general who commanded the 30-country coalition that drove Saddam Hussein’s forces out of Kuwait, was remembered both as a larger than life military figure and trusted adviser during his burial ceremony at the U.S. Military Academy at West Point on Thursday.

    A 1956 graduate of the military academy, “Stormin’ Norman” was remembered by family, friends, former Secretary of State Colin Powell and former Vice President Dick Cheney at a memorial service in the West Point chapel. The Desert Storm commander with a tough-as-tacks reputation died on Dec. 27 in Tampa, Fla., of complications from pneumonia. He was 78.

    Powell, who delivered the general’s eulogy, called Schwarzkopf an "indispensable advisor" to Cheney and the Joint Chiefs of Staff in the lead-up to and during the invasion of Kuwait.

    "When anyone thinks of Desert Storm, they think of Stormin' Norman, The Bear; ... he was a larger than life figure," Powell said.

    Schwarzkopf served two tours in Vietnam, staying on after a conflict that left many former brothers-in-arms disillusioned with the military.

    He was appointed commander in chief of the U.S. Central Command at MacDill Air Force Base in Tampa in 1988. In 1990, he took command of the U.S.-led forces that drove back Hussein’s forces in Operation Desert Storm.

    It was the first war televised in real time, and Schwarzkopf, a bulldog clad in desert camouflage, used his TV appearances to send a message to his adversary.

    “With those cameras grinding away, I knew I wasn’t talking just to friendly audiences, but that Saddam and his bully boys were watching me on CNN in their headquarters,” Schwarzkopf wrote in his 1992 autobiography.

    For the most part, Schwarzkopf receded from public life after Desert Storm, apart from a brief term as a military analyst for NBC. He lived out his retirement in Tampa, emerging to campaign for the re-election of President George W. Bush in 2004.

    Despite the urgings of some of his supporters, Schwarzkopf never ran for public office. During the service his daughter, Cynthia, mused that her father was "too honest" to be a politician. She then apologized to Cheney, saying she wrote that before she knew he was attending.

    Schwarzkopf “stood tall for the country and Army he loved,” President Obama said in a statement on the general’s passing in December.

    The general was buried near his father in the West Point cemetery. Col. H. Norman Schwarzkopf was a 1917 graduate of the military academy who went on to help found the New Jersey State Police.

    “I just would be very happy if the history books said that I was a soldier who served his country with honor and loved his troops and loved his family,” Schwarzkopf once said. “That’s enough for me.”

    The Associated Press contributed to this report.

    Related:

  • Cops believe estranged father took 7 missing California kids

    Fresno Police Department

    Five of the seven children missing from Fresno, Calif.

    Police believe the seven children who vanished from their Fresno, Calif., home on Saturday were taken by their estranged father.

    Ranging in age from 5 to 12, the kids were left at home while their mother and stepfather went to a grocery store, according to the Fresno Police Department.

    Police believe that their biological father "picked up all of the children." He was identified as Xa Yang and is thought to live in Sacramento, about 170 miles north of Fresno.

    Neither authorities nor the children's mother had been able to contact the father, who had not been involved in the children's lives "for at least three years," according to a police statement.

    Because the seven children, along with their belongings, were removed from an apartment complex in the early evening without any
    apparent commotion, investigators do not suspect foul play.

    There was no immediate concern for the children's safety, police said.

    While they have not issued an "Amber Alert," which are normally issued in suspected abductions, police are seeking the
    public's help.

    Anyone with information can call Detective Josh Mendizabal at (559) 621-2499 or (559) 621-7000.

  • 'Dying in the streets': All kids under 17 get curfew in Miami

    Miami Police are enforcing a curfew for children under the age of 17, citing safety.

    Curfew hours are 11 p.m. to 6 a.m. Sunday to Thursday and midnight to 6 a.m. on Friday and Saturday.

    Children under 17 are not allowed to "linger, stay, congregate, move about, wander, or stroll in any public place in Miami-Dade County, either on foot or in a vehicle during curfew hours," according to police.

    NBC Miami

    "I don't really need a curfew, but I do feel that a curfew is important because young kids like my age are dying in the streets," Keith Stewart said.

    Players for Team Pete Basketball said they don't like the move.

    "I don't really need a curfew," Keith Stewart said, "but I do feel that a curfew is important because young kids like my age are dying in the streets." 

    Other Miami youths said they support the curfew.

    "Make them go home, do a little homework, get them home early," Robert Sanchez said.

    Said adult Cesar Barrero: "Kids at that age … there's nothing for kids to do from 12 o'clock to 6 o'clock in the morning."

    More from NBCMiami.com

    Police say exemptions include if a child is with a parent or legal guardian or someone over 21 years old who has permission to be responsible for the child; and if the juvenile is working or traveling to or from work, traveling interstate, or has written permission to run an errand from a parent or guardian.

    Other exemptions are if a child is helping in an emergency, traveling to or from a school or a religious, civic or county-sponsored event, is emancipated by marriage or court order, is homeless, is exercising First Amendment rights, or is on the property of his residence or a neighbor's residence who does not object, if the child is attending or coming back from a public event that began before 10 p.m. and has written permission, and if the child's activity is authorized by the county commission.

    Police have not yet given reasons for the curfew, besides safety. But many people point to rashes of violent and sometimes deadly street crimes often involving young people.

    "You know what's going on," Pete Soriano of Team Pete Sports said. "You got drug dealing, you got shootouts, kids getting killed left and right."

    At Overtown's Gibson Park, manager Benjamin Hanks supports the curfew -- recalling all too well the night three people were shot at a youth football game last September. He believes a police presence, and the curfew, will help make the city's parks and streets safer.

    "I think it's overdue that we need cops' supervision, more for preventive measures for the safety of people," Hanks said.

    NBCMiami.com

  • Sex offenders disappear in wake of Sandy

    NBC New York

    U.S. Marshals search for a sex offender who is believed to have fled in the wake of Sandy.

    NEW YORK -- Among the hundreds of people displaced from their homes after Sandy are sex offenders required to register with the government, and U.S. marshals are trying to find the ones who have disappeared.

    Officials say the majority of displaced sex offenders have followed the rules and registered their new addresses. But some have not.

    "It's critical because the people in the community are simply unaware that this individual is in their midst," Charlie Dunne, U.S. marshal for the Eastern District of New York, told NBC 4 New York.

    Dunne said marshals work with state and local law enforcement to track down sex offenders after a natural disaster.

    In the tri-state, marshals say dozens of sex offenders who changed addresses have had legitimate reasons for moving.

    "Their houses had been damaged or they had gone into homeless shelters or hotels so obviously we're not going to prosecute those people," said Dunne.

    More news from NBCNewYork.com

    But there are some who are believed to be on the run after the hurricane.

    For example, in Suffolk County, officials have examined 500 registered sex offenders in areas that could have been affected by the storm. Some 450 of them were living where they were supposed to be, leaving 50 that needed to be tracked further. Of those, 40 had relocated for reasons that checked out and five were picked up by the marshals, leaving about five that still hadn't been found, officials said.

    "We're looking to prosecute the people that are taking advantage of the situation to proactively abscond thinking we won't be looking for them because we're too busy," Dunne said.

    And for decades, the marshals have always been able to find people.

    "You might as well be in compliance because we're gonna find you. We're gonna continue to look for you," Dunne said.

    NBCNewYork.com

    Related:

    Full coverage of Sandy's aftermath from NBC News

  • Shell halts 2013 drilling plans in Alaska's Arctic seas

    Sara Francis / U.S. Coast Guard via AP, file

    An aerial image provided by the U.S. Coast Guard shows the Royal Dutch Shell drilling rig Kulluk aground off a small island near Kodiak Island on Jan. 1. Shell announced Wednesday that it had put off further drilling in Alaska's Arctic Ocean for the year.

    ANCHORAGE, Alaska -- Royal Dutch Shell will not drill for oil in Alaska's Arctic seas this year, the company said Wednesday in a widely expected decision that follows a series of high-profile setbacks in 2012.

    Both critics and supporters of Shell's controversial Arctic offshore foray welcomed its decision to give up on drilling there for 2013 while the company tries to get its drill ships ready and answers to U.S. investigators.

    Michael LeVine, senior Pacific counsel for environmental group Oceana in Juneau, Alaska, said Shell and the government agencies regulating the company faced a "crisis of confidence."

    "The decisions to allow Shell to operate in the Arctic Ocean clearly were premature," LeVine said in a statement. "The company is not prepared and has absolutely no one but itself to blame for its failures."

    Few observers doubted that a postponement of Shell's drilling in the Chukchi and Beaufort seas was coming after the company said earlier this month its two Arctic offshore rigs would head to Asia for repairs and upgrades.

    But ConocoPhillips reaffirmed on Wednesday that it will continue with its own plans to drill one or two exploration wells in the Chukchi Sea in 2014 and that it expected to submit more information on the plans to federal regulator by the end of March.

    Analysts say the Arctic's allure for oil drillers remains strong given the complications of politics and violence they face in other parts of the world.

    Shell has spent more than $4.5 billion searching for oil in Alaska's Arctic seas since it won licenses to drill in 2005. Yet its season last year was delayed by problems with equipment, and 2012 ended dramatically with the grounding of the Kulluk drill ship in a storm as it was being towed south for the winter.

    "Our decision to pause in 2013 will give us time to ensure the readiness of all our equipment and people," said Marvin Odum, director of Shell Upstream Americas.

    David Yarnold, of environmental group Audubon, said Shell had "come to its senses," since drilling amid ice floes near the nurseries of threatened wildlife was not "smart or safe."

    The Anglo-Dutch company's move into Alaska's Arctic waters -- the first since the Macondo disaster of 2010 -- was expected to face criticism, but technical problems with its rigs led to even deeper concerns.

    'A disappointment'
    U.S. Sen. Lisa Murkowski, R-Alaska, said in a statement that she was a strong supporter of Shell's activities off her state's northern coast if they meet the "highest safety standards."

    "This pause -- and it is only a pause in a multiyear drilling program that will ultimately provide great benefits both to the state of Alaska and the nation as a whole -- is necessary for Shell to repair its ships and make the necessary updates to its exploration plans," she said.

    Alaska Gov. Sean Parnell, also a Republican, said in a statement: "While Shell's decision to pause drilling in Alaska is a disappointment, I commend the company's commitment to safety and responsible development."

    "Much progress has been made toward developing the vast resources in Alaska's Outer Continental Shelf, and we recognize this is a long-term endeavor," the governor added. "Taking the long view, we are at the early stage of a new era of oil exploration in the Arctic, one that will continue for decades in a measured and responsible way."

    Even before the Kulluk ran aground on Dec. 31 after escaping its tow lines, Shell's 2012 drilling program was stalled by troubles with support vessels and regulatory scrutiny of the other rig, the Noble Discoverer, owned by Noble Corp.

    After the Arctic drilling season closed at the end of October, a fire broke out on the Discoverer. There were also engine failures on the Aiviq, the specially designed ship pulling the Kulluk, before it lost its tow connection.

    Related:

    Drilling in Arctic too risky, oil CEO says

    Shell sues environmental groups to score drilling rights

    Copyright 2013 Thomson Reuters. Click for restrictions.
  • Army withholding findings of Madigan PTSD probe

    The results of a months-long investigation into the reversal of post-traumatic stress disorder diagnoses at Madigan Army Medical Center are being kept confidential.

    Earlier this month, Army Secretary John McHugh told reporters at Joint Base Lewis-McChord in Washington state that the Madigan findings would not be disclosed.

    Days later, the Army denied Freedom of Information Act requests for documents related to the controversy made by three Seattle-area news organizations.

    George Wright, an Army spokesman at the Pentagon, told NBC News that “concerns brought up in the Madigan matter will be addressed” in a separate forthcoming report by the Army's Task Force on Behavioral Health.

    Wright said he had not viewed that document, which is an Army-wide review of mental health diagnoses as far back as 2001, and could not comment on what information it would include about the Madigan inquiry.

    The Madigan investigation, completed last fall, sought to determine whether or not a team of forensic psychiatrists inappropriately changed soldiers’ PTSD diagnoses, perhaps to save the federal government money.


    In a memo obtained last year by the Seattle Times, a Madigan Army Medical Center psychiatrist gave a presentation to colleagues in September 2011 in which he noted that a soldier medically retired with a PTSD diagnosis would collect $1.5 million in disability payments over his or her lifetime. The psychiatrist warned his colleagues against “rubber stamping” a PTSD diagnosis.

    Around the same time, several soldiers screened at Madigan complained that their PTSD diagnoses had been switched to conditions like anxiety disorder, which could have affected their medical retirement rating and the amount of their disability payments. 

    A subsequent review of 431 Madigan cases — some of which had been overturned — led to PTSD diagnoses for 150 soldiers by last October, according to the office of Sen. Patty Murray, D-Wash.

    Murray pushed for the investigation into the PTSD diagnoses at Madigan — an Army hospital in Tacoma, Wash., that serves soldiers stationed at Joint Base Lewis-McChord — but has yet to see its findings. 

    The Madigan investigation was reported by the Seattle Times in January 2012. In May, McHugh announced the Army-wide review, which is said to contain 24 findings and 47 recommendations, and now according to Wright, details related to Madigan. Murray is scheduled to be briefed on the review in the next few weeks, Matt McAlvanah, a spokesman for the senator, told NBC News.

    Last year, Seattle-area news organizations asked to see documents related to the inquiry through Freedom of Information Act requests.

    Request denied
    Patricia Murphy, a reporter at KUOW Puget Sound Public Radio, said the Army denied the station’s attempts to obtain information and subsequently denied an appeal. The Army described the Madigan documents as “pre-decisional,” a legal privilege extended to documents that influence new rules and regulations. In a letter to the station, the Army said this designation is meant to “protect the quality of agency decisions by encouraging frank and open discussions of agency policy.”

    Murphy said she understood that the documents might contain sensitive government and patient information, but was hopeful the Army could strike a balance for transparency. “We don’t care about the names,” Murphy told NBC News. “We care about the reasons they were doing this and whether or not this was a cultural issue at Madigan.”

    The Army has said that Madigan was the only Army hospital to employ a team of forensic psychiatrists who vetted PTSD diagnoses and said it had stopped that practice.

    Last February, it announced that the hospital’s commander, Col. Dallas Homas, was reassigned during the inquiry. The Army reinstated Homas several months later after finding that he did not "exert any undue influence on PTSD diagnoses." The Army provided that document to KUOW in response to a FOIA request. 

    The Army also issued new guidelines for PTSD screening last April, discouraging staff from using testing to identify patients who might be "malingering" or faking their symptoms, an approach some soldiers claimed was utilized at Madigan. 

    Despite these corrective actions, critics of the decision to withhold the Madigan findings say that transparency is key to restoring trust in the Army’s ability to accurately diagnosis and treat PTSD.

    Tom Tarantino, chief policy director of the advocacy organization Iraq and Afghanistan Veterans of America and a former Army captain, said that keeping the report confidential reflected a “shocking amount of tone deafness.”

    “I don’t want anybody to release information that violates HIPAA, privacy or endangers national security, but there has to be some sort of accountability,” Tarantino said. He also fears that withholding the findings sends the wrong signal to soldiers who worry that the problems at Madigan could be widespread and might not seek mental health care as a result.

    “You have to actually show patterns of behavior and convince people that you’re willing to change.”

    Wright said the Army wanted to make public its report on behavioral health “as soon as possible,” but that it was weighing the feasibility of the recommendations and how to implement them.

    “We expect that work to be completed shortly,” he said, “and then we will be able to share not only the findings, but the way ahead.”

    Rebecca Ruiz is a reporter based in the Bay Area.

    Related:


  • Mississippi mayoral candidate found dead; person taken into custody

    marcomcmillian.com

    Marco Millian, 34, was widely noted as one of the first openly gay candidates for public office in Mississippi.

    The body of a candidate for mayor of Clarksdale, Miss., was found about 15 miles west of town Wednesday, and a person was in custody, sheriff's officials said.

    Authorities had been searching for Marco McMillian, 34, since Tuesday morning, when his sport-utility vehicle was involved in a head-on collision in Coahoma County, the county sheriff's office said in a statement.

    But McMillian wasn't in the vehicle, authorities said. The driver of his vehicle, identified as Lawrence Reed, 22, of Clarksdale, was airlifted to a hospital in Memphis, Tenn., about 60 miles away, NBC station WMC of Memphis reported.


    There was no immediate report on the cause of death, according tothe Coahoma County coroner's office.

    The sheriff's department declined to say whether Reed was the "person of interest" who was taken into custody or whether the action was taken in connection with McMillian's death or as a separate part of the accident investigation. The department said no further information would be immediately provided "due to the fact this is an ongoing investigation."

    Watch US News videos on NBCNews.com

    McMillian — who was chief executive of MWM & Associates, a consultant to nonprofit organizations — was widely noted as one of the first openly gay candidates for public office in Mississippi.

    His campaign spokesman, Jarod Keith, told the Clarion-Ledger newspaper of Jackson, Miss., that McMillian's sexuality was never an issue in the campaign.

    The Gay & Lesbian Victory Fund, a national advocate for gay political candidates, tweeted Wednesday:


    "Our hearts go out to the family and friends of Marco McMillian, one of the 1st viable openly #LGBT candidates in Mississippi."

    In a statement Wednesday, McMillian's campaign said: "Words cannot describe our grief at the loss of our dear friend, Marco McMillian. The shocking news of Marco's death is beyond difficult for us to process."

    Two of McMillian's opponents — who, like McMillian, are Democrats — said they, too, were shocked and saddened by the development.

    "He was a very articulate, clean-cut young man," Bill Luckett, a former candidate for governor, told the Clarion-Ledger. "It's a bizarre and tragic situation." 

    Another candidate in the race, state Rep. Chuck Espy, whose father is the current mayor, told the newspaper that he had known McMillian for many years and considered a dynamic and energetic candidate with numerous ideas about how to change Clarksdale.

    Clarksdale, population 20,000, is the county seat.

    Espy offered his thoughts and prayers to McMillian's family.

    Follow M. Alex Johnson on Twitter and Facebook.

  • Eight elementary students pass gun around at Tennessee school

    Eight elementary school students in Memphis, Tenn., face discipline and possibly juvenile charges after a 7-year-old brought a gun to school and passed it around on campus.


    Memphis police were dispatched to Ross Elementary School shortly before noon on Tuesday when school officials reported that students had a firearm, NBC station WMC-TV reported. When officers arrived, they found the gun in the possession of a 10-year-old boy. That boy was arrested.

    Police said that the gun was loaded and that the 7-year-old boy had brought the gun to school to show friends.


    District officials said no injuries were reported.

    On Wednesday, school principal Evette Smith sent a letter to parents that was obtained by WMC-TV.

    “School administrators and Memphis Police Department will strictly discipline in accordance with the law and (Memphis City Schools) board policy,” the letter read.

    Sgt. Karen Rudolph of the Memphis Police Department told NBC News that all eight of the students involved -- boys whose ages ranged from 7 to 10 -- were issued juvenile summons to appear in court for carrying a weapon on school property.

    No other details were immediately available.

    A representative from Memphis City Schools was not available.

     

  • Special prosecutor to investigate secrecy issues surrounding Sandusky grand jury

    Pat Little / Reuters file

    Former Penn State football coach Jerry Sandusky, center, leaves the Centre County Courthouse after his sentencing in his child sex abuse case in Bellefonte, Penn., on Oct. 9, 2012.

    A judge in Pennsylvania has ordered a special prosecutor to examine if secrecy rules were violated in connection with a grand jury that investigated former Penn State assistant football coach Jerry Sandusky as well as three former school administrators who face criminal charges.

    Judge Barry Feudale named attorney James M. Reeder on Feb. 8 as the special prosecutor and gave him six months to investigate secrecy issues related to the grand jury.

    The judge's order was obtained by the Associated Press on Wednesday.


    Still, it was not clear if any potential violations of secrecy rules were related to the Penn State cases or any others before the 33rd Statewide Investigation Grand Jury, the AP reported, because such grand juries often work on more than one matter at the same time. 

     

    Feudale, the AP reported, recently was weighing a legal dispute involving whether former Penn State lawyer Cynthia Baldwin should have been present at a grand jury proceeding.

    The order referred to a rule that governs who may be present during the grand jury sessions. Lawyers for the three former administrators have said their clients' rights to legal counsel were violated by Baldwin's actions and were seeking to have her barred from testifying in hearings related to their cases.


    Baldwin's lawyer, Charles De Monaco, has said she "at all times fulfilled her obligations to the university and its agents."

    On June 22, 2012, Sandusky was convicted of 45 counts of child sexual abuse and he is now serving a 30 to 60-year sentence in a state prison.

    Two grand jury reports accused Sandusky of having used his connections to the Penn State football program to “groom” boys, whom he met through his Second Mile charity for troubled children, for sexual relations. Sandusky has maintained his innocence and is appealing his case.

     

    Former Penn State President Graham Spanier, former Vice President Gary Schultz and former Athletic Director Timothy Curley face charges of perjury in connection with their grand jury testimony in the Sandusky case. They also face charges of obstruction, conspiracy, endangering the welfare of children and failure to properly report suspected abuse. The three dispute all of the allegations.

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