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  • Iraq War vets to attend State of the Union address

    When President Barack Obama delivers the State of the Union address on Tuesday, 23 Iraq War veterans are expected to be watching from the gallery, thanks to a bipartisan group of lawmakers.

    Thirteen Democrat and 10 Republican members of Congress agreed to use the guest ticket they are allocated to bring along a veteran to the historic event. They will sit in the House gallery during the speech.

    Obama to speak on economy in State of the Union

    Among the veterans attending is Marine Sgt. Joseph Collins, 27, who served four years in the military, including a tour in Iraq. He was invited by Rep. Marcia Fudge, D-Ohio, who made the announcement about the initiative to include veterans.

    "Gosh. It's very nice, very swell. It's humbling. I'm very fortunate," Collins told WJW-TV in Cleveland. "It's a big thing to actually see it in person. I never saw a president in person, and me being a veteran and whatnot, it's going to be a big, epic event."

    Here is a full list of participating lawmakers: 

    • Rep. Marcia L. Fudge, D-Ohio
    • Rep. Spencer Bachus, R-Alabama
    • Rep. Jeff Miller, R-Florida
    • Rep. Tim Walz, D-Minnesota
    • Rep. Sheila Jackson-Lee, D-Texas
    • Rep. John Carney, D- Delaware
    • Rep. Gwen Moore, D-Wisconsin
    • Rep. Carolyn Maloney, D- New York
    • Rep. David McKinley, R- West Virginia
    • Rep. Roscoe Bartlett, R- Maryland
    • Rep. Bill Huizenga, R-Michigan
    • Rep. Sandy Adams, R-Florida
    • Rep. Donna Edwards, D- Maryland
    • Rep. Blaine Luetkemeyer, R-Missouri
    • Rep. Shelley Berkley, D-Nevada
    • Rep. Diane Black, R-Tennessee
    • Rep. Mike Fitzpatrick, R-Pennsylvania
    • Rep. Tim Bishop, D-New York
    • Rep. Debbie Wasserman Schultz, D- Florida
    • Rep. Ben R. Lujan, D-New Mexico
    • Rep. Grace Napolitano, D-California
    • Rep. Dennis Kucinich, D-Ohio
    • Rep. Steve Stivers, R-Ohio

     

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  • Nation's oldest federal judge dies at 104

    AP

    Judge Wesley Brown is shown in this June 2007 photo.

     

    WICHITA, Kan. -- U.S. Senior District Judge Wesley Brown, the nation’s oldest sitting federal judge, has died at age 104.

    Brown died Monday evening at Larksfield Place, an assisted-living center where he had lived for several years, Judge Monti Belot told The Wichita Eagle.

    “There comes a time, and he was just ready,” Belot, who also sits on the federal bench in Wichita, told The Eagle.


    Brown was appointed as a federal district judge in 1962 by then-President John F. Kennedy. In 1979, Brown officially took senior status, a type of semi-retirement. But he continued to carry a full load of cases for the next three decades. It was only in recent years that he began to lighten his workload.
      
    Brown's long tenure on the federal bench rivals that of Joseph Woodrough, a judge on the U.S. Court of Appeals for the Eighth Circuit, who had been the longest practicing judge in the federal judiciary when he died in 1977 at age 104.

     Belot said Brown had been in weaker health and had not come to the courthouse within the past month.

    “I hope to be remembered as a good judge, and not just an old judge,” Brown told The Eagle last year, sitting in his office.

    Brown graduated from law school at the University of Kansas in 1933. He was appointed a bankruptcy judge in Wichita in 1958 by President Dwight D. Eisenhower.

    On March 8, 1962, Kennedy nominated him to a seat on the U.S. District Court for Kansas vacated by Delmas C. Hill. Federal judgeships are lifetime appointments.

    Brown was known for his compassion for defendants, according to a 2010 profile in the Huffington Post.

    In sentencing a 28-year-old woman to more than three years in prison in March 2010, he told the tearful defendant how much he and other court officials wanted her to succeed in the future. "As an old man, it is hard for me to say I am sorry it happened," Brown told her, according to The Huffington Post. "I know you will do the right thing. Good luck and be well."

    The Associated Press and msnbc.com's James Eng contributed to this story.

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  • Ala. twister damage rises to 550 homes, businesses hit

    Residents in towns just outside Birmingham, Ala., on Tuesday were sifting through the debris from 500 homes and 50 businesses either destroyed or damaged by storms that spawned three twisters early Monday. Two people died and around 100 were treated for injuries.

    The National Weather Service confirmed that three tornadoes touched down early Monday. Two in Tuscaloosa County did little damage. But the one that touched down in Jefferson County was on the ground nearly two hours starting at 2:30 a.m. Monday and ripped through hundreds of properties, including the public elementary school in Center Point, which was destroyed.

     

    Dave Martin / AP

    Jefferson County School Superintendent Jeff Hammonds talks with an insurance agent outside the destroyed Center Point Elementary School on Tuesday.

    Gov. Robert Bentley on Tuesday toured Center Point as well as Clay, another hard-hit town.

    "I'm glad it happened when the kids weren't all here," the Birmingham News quoted Bentley as telling staff at Center Point Elementary outside the ruins. "You can always rebuild buildings."

    Initial estimates were of 400 homes destroyed or damaged, but that figure rose by Tuesday morning. Cleaning up debris is expected to last through mid-February.

    Nearby areas of Alabama were hit last April by twisters that claimed 248 lives. Some 20 of those victims were from Jefferson County.

    "We have always known it wasn't a matter of if, only a matter of when we would be hit again. I can't believe it happened so soon, though," the Birmingham News quoted Jefferson County Sheriff's Chief Deputy Randy Christian as saying. 

    Moreover, in April 1998 a Jefferson County tornado killed 34 people, injured 260 and destroyed a high school. The storm left barren what was once a heavily-wooded section of the county.

    Winter tornadoes, while not unheard of, are rare and prompted by the clash of warm air coming off the Gulf of Mexico and hitting colder air coming from the north.

    Forecasters had alerted the region to the possibility of severe storms a day ahead of the twisters.

    "This was almost like a March or April-type storm," the Birmingham News quoted Mark Rose, a National Weather Service meteorologist, as saying. "A lot of things came together to produce this type of storm," he said, including warm temperatures, moisture from the Gulf of Mexico, a surface low pushing a cold front toward this area, and strong winds.

    The death toll stands at two, with 24 hospitalized and 200 homes destroyed. NBC's Brian Williams reports.

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  • Ahead of State of the Union, rating Obama's past promises

    Larry Downing / Reuters

    Regardless of who Republicans eventually select as their party's standard bearer for November's election, Obama's record will be central to the political argument.

    When President Barack Obama addresses the nation Tuesday night for his State of the Union speech, his re-election bid will be front and center. But for all the forward-looking posturing and positioning, the decisions voters make will be as much about how the country fared during the president’s first term as what he proposes for a second.   

    Regardless of who Republicans eventually select as their party’s standard bearer for November’s election, Obama’s record will be central to the political argument.  His opponents charge that his policies and actions have been overbearing and outside the lines of federal responsibility. Other critics, many of whom line-up with the president ideologically, contend he has been too timid and overly disposed to compromise.  

    But those who supported Obama’s agenda in 2008 have many reasons to vote for him this November.

    Sometime this spring, the Supreme Court will determine whether Obama’s signature accomplishment – the law which expands and fundamentally redesigns health insurance in the United States – will survive. If the Supreme Court permits the law to stand, Obama will have accomplished much of what he pledged to do in his Feb. 10, 2007 speech in Springfield, Ill., when he formally launched his presidential campaign: “We w ill have universal health care in America by the end of the next president's first term.”
     


    One can quibble about his use of the word “universal” and the timing – the Obama plan won’t be fully implemented until 2018. 

    And according to the Congressional Budget Office, by 2019 the law will still leave 23 million residents uninsured, about one-third of whom would be illegal immigrants. Still, the major overhaul of the nation’s health care system stands as one of the largest legislative achievements in decades. 

    In a few cases Obama has disappointed some of his supporters – for example, he hasn’t closed Guantanamo Navy Base as a prison camp for al-Qaida members and other terrorist suspects, as he pledged to do in an executive order he signed on the day be took office in 2009. But this was largely to due to Republican opposition.

    Here’s an accounting of the reasons Obama supporters have to vote for him again – and some promises he hasn’t been able to keep.

    The economy 

    When judging any president’s record, one difficulty is choosing a fair baseline to evaluate economic performance. How much of a recovery, or a recession, is due to a president’s actions? How much is due to long-term changes in patterns of international trade, in the American and foreign labor forces, in technology and in other factors which transcend a president’s four-year term?

    When Obama signed the $825 billion economic stimulus plan into law in February of 2009, there were 141.7 million Americans working and 12.5 million unemployed.By February of 2011, two years after the stimulus was enacted, there were 139.5 million Americans working and 13.7 million unemployed.

    David Plouffe, a senior adviser to President Obama, talks to TODAY's Ann Curry about the 2012 presidential race and previews President Obama's State of the Union address.

    Between the month he signed the stimulus into law and February of 2011, the unemployment rate went from 8.1 percent to 8.9 percent. These numbers explain Republican criticism of the stimulus as a squandering of taxpayer money that didn’t result in increased employment. 

    In recent months, the jobs data has improved but there were still almost one million fewer people employed last month than when Obama signed the stimulus into law.

    Obama’s critics on the left, such as New York Times columnist Paul Krugman, argue the stimulus was too small, while Obama’s defenders say it prevented a far worse economic slump. 

    The Obama administration also decided to spend $80 billion to keep General Motors and Chrysler alive, and as of last November, according to the Congressional Budget Office, $35 billion of that money had been repaid to the Treasury, $7 billion had been written off as a loss, and $37 billion was still outstanding. The two car companies are still operating; in fact, GM reported a few days ago that it has reclaimed its title as the world’s largest seller of automobiles.

    Obama himself said in his speech accepting the Democratic nomination in 2008, “We measure progress in the 23 million new jobs that were created when Bill Clinton was president when the average American family saw its income go up $7,500 instead of down $2,000 like it has under George Bush.” 

    Clinton served for eight years and Obama has served so far for only three, but the Census reported that median household income, adjusted for inflation, declined by 2.3 percent between 2009 and 2010. This was part of longer-term trend that predates Obama’s presidency: since 2007, median household income has declined 6.4 percent and is 7.1 percent below the peak ($53,252) that occurred in 1999.

    The Census also reports that the poverty rate in 2010 was 15.1 percent—up from 14.3 percent in 2009, the third consecutive increase in the poverty rate. 

    When Obama launched his candidacy in Springfield in 2007, he portrayed these economic woes as Bush Era problems, about which the Republicans were in denial: “For the past six years, we've been told that our mounting debts don't matter. We've been told that the anxiety Americans feel about rising health care costs and stagnant wages are an illusion.” 

    One sector of the economy where Obama appears to have fallen short is housing. In his first debate with John McCain in 2008, he said: “We've got to make sure that we're helping homeowners, because the root problem here has to do with the foreclosures that are taking place all across the country.”

    Clifford Rossi, a housing policy expert at the University of Maryland business school said, “As well intended as the Administration appears to be with trying to assist underwater and struggling homeowners, if I were grading their performance thus far it would be a C-.” 

    He added, “Their various attempts to address loan modifications have been ad hoc and missed the mark entirely of what needs to be accomplished... We are five years into a housing crisis unlike anything we've seen since the Great Depression and we have few policy solutions to show for it.” 

    In the face of Republican opposition, Obama has been unable to fulfill his promise to enact legislation reducing use of tax deductions by upper-income taxpayers and raising income tax rates for those with incomes over $250,000. But as part of the health care law he did increase Medicare taxes on upper-income people. The law also other imposes other major tax increases including the penalty on people who choose to go without insurance and the tax on high-cost “Cadillac" health plans which takes effect in 2018.

    Obama promised in 2008 to cut taxes for “95 percent of working families.” The 2009 stimulus included more than $300 billion in tax cuts and credits — including the Making Work Pay Credit, a big tax cut for workers earning less than $75,000 and couples making less than $150,000 a year. Making Work Pay has now been replaced by the payroll tax cut.

    But tax cutting and spending on the stimulus as well as other spending, has helped enlarge the national debt – which has grown from $10.6 trillion on the day Obama took office to $15.2 trillion. 

    Environmental policy

    In his 2007 Springfield speech Obama said, “We can set up a system for capping greenhouse gases. We can turn this crisis of global warming into a moment of opportunity for innovation and job creation … .” 

    He said in another campaign speech in 2008 that after his election “we will be able to look back and tell our children that this was the moment … when the rise of the oceans began to slow and our planet began to heal.”

    When he first took office, Obama proposed to enact a cap-and-trade bill and to use revenues to reduce deficits and pay for new spending initiatives. 

    Although the House passed a cap-and-trade greenhouse gas bill in 2009, Obama along with Sen. John Kerry, D- Mass., Sen. Joe Lieberman, I- Conn., and Sen. Lindsey Graham, R- S.C., the three Senate leaders on the issue, failed to come up with the compromises needed to pass a bill. The effort died in the summer of 2010.

    The Obama administration has made grants and loans to alternative energy companies, but it was embarrassed when $535 million in taxpayer money was lost in a loan to Solyndra, the California solar company that went bankrupt last September.

    Social and labor policy 
    Obama shored up the liberal wing of the Supreme Court by appointing Sonia Sotomayor and Elena Kagan to replace retiring Justices David Souter and John Paul Stevens. 

    And he pleased gay rights advocates when he ended the legal defense of the 1996 Defense of Marriage Act, which allows states to refuse to recognize same-sex marriages performed in other states. Obama also ended the Clinton Era “Don’t Ask Don’t Tell” policy on gays serving in the military. 

    He also made recess appointments to National Labor Relations Board, which helped fulfill a campaign pledge he made in 2007 to help union organizers “lift up this country’s middle class again.”

    Foreign policy
    As Obama promised to do in 2008, he has withdrawn American troops from Iraq. He has also ordered the killing of Osama bin Laden and American-born Moslem cleric and al-Qaida organizer Anwar al-Awlaki. He has continued and expanded the use of drones to kill alleged terrorists in Yemen and elsewhere. 

    All this is in line with his 2007 Springfield speech in which he pledged to “confront the terrorists with everything we’ve got” and “to track down terrorists with a stronger military.” 

    White House Senior Advisor Valerie Jarrett joins Morning Joe to discuss the president's Tuesday State of the Union address. Jarrett says the president will discuss what it takes to have sustained growth and a strong economy in the U.S. along with growing U.S. manufacturing.

    On Afghanistan, Obama said in his first 2008 debate with McCain, “I think we need more troops. I've been saying that for over a year now. And I think that we have to do it as quickly as possible, because it's been acknowledged by the commanders on the ground the situation is getting worse, not better … I would send two to three additional brigades to Afghanistan” – in other words up to about 15,000 additional troops.

    When Obama took office there were 32,000  troops in Afghanistan. In March 2009 he announced he’d send an extra 4,000. 

    On Dec. 1, 2009, he increased U.S. troop numbers in Afghanistan by another 30,000, bringing the total to 100,000. “After 18 months, our troops will begin to come home,” he said. 

    The tone of politics and ethics in government

    Many voters were drawn to Obama in 2008 by his rhetoric denouncing “the smallness of our politics, the ease with which we're distracted by the petty and trivial … our preference for scoring cheap political points instead of rolling up our sleeves and building a working consensus to tackle the big problems of America.”

    He lashed out at “the cynics, the lobbyists, the special interests who've turned our government into a game only they can afford to play.” 

    And on the night he won the Iowa caucuses, he said that he and his supporters had “beat back the politics of fear and doubt and cynicism … .” 

    In his inaugural address he said, “We come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas that for far too long have strangled our politics.”

    There’s no objective way to measure whether Obama has “beat back the politics of fear and doubt and cynicism” or ended “pretty grievances” and “recriminations.”  

    But the Washington reform groups Common Cause and the Center for Public Integrity have accused him of falling short of his anti-lobbyist rhetoric. 

    Obama signed an executive order on his first day in office which imposed limits on former lobbyists and others who worked in his administration. An ex-lobbyist working in the administration could not for two years after his appointment be involved in any policy matter on which he’d lobbied in the two years before his appointment, or work in a federal agency that he had lobbied within the two years before being appointed.

    But the executive order provided a waiver from the rules if it was deemed in the national interest. Former Clinton administration Defense Department official and former Raytheon lobbyist William Lynn was given a waiver to serve as deputy secretary of defense. And the New York Times reported in 2010 that White House officials regularly met with lobbyists at the Caribou Coffee shop down the street from the White House, avoiding disclosure on the public White House visitors’ log.

    Common Cause president Bob Edgar, a former Democratic congressman, chided Obama last year for accepting campaign funds for his 2012 run which were raised by “bundlers” working for Washington lobbying firms. 

  • Man, 19, accused in firebomb attacks on NJ synagogues

    This undated photo of Anthony Graziano was released by the Bergen County Prosecutor's Office, Tuesday, Jan. 24, 2012 in New York.

    A 19-year-old New Jersey man is accused of tossing explosives into two synagogues, including one in Rutherford where a rabbi and his family were sleeping, prosecutors said Tuesday.

    Bergen County Prosecutor John L. Molinelli identified the suspect as Anthony Graziano, of Lodi, N.J.

    Authorities believe he acted alone in both attacks, a week apart, and was motivated by anti-Jewish bias.


    No one was seriously injured when several objects, including a rigged aerosol can and a Molotov cocktail, were thrown into the synagogue in Rutherford on Jan. 11, but Graziano has been charged with first-degree attempted murder, bias intimidation and aggravated arson in that attack.

    Read the original story on nbcnewyork.com

    The building houses Congregation Beth El, a school, and a residence where Rabbi Nosson Schuman lives with his family.

    One of the firebomb devices crashed through Schuman's second-floor bedroom window at about 4:30 a.m., burning him on the hand. His wife, five children and mother- and father-in-law escaped unscathed.

    In the Paramus attack on Jan. 3, Graziano is charged with first-degree aggravated arson and bias intimidation.

    Authorities released photos of a possible suspect last week. He was seen on surveillance video wearing a red and black track suit, black sneakers and a red wool skullcap. He was carrying a camouflage backpack.

    Prosecutors say they received several tips after releasing the photos, and confirmed it was Graziano on Monday.

    It was not immediately known whether he had an attorney.

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  • Boy dies after shooting himself with replica cannon

    KSL-TV's Mike Anderson reports.

    TREMONTON, Utah - A 14-year-old boy was killed Monday when the miniature cannon he was playing with accidentally fired, fatally shooting him in the face, police said.

    Robby Ostberg was shot at about 7:30 a.m. Monday by an unidentified projectile, police said. He and his older brother had been playing video games in his living room when the 14-year-old picked up the cannon, reported NBC affiliate KSL.com.

    "We're waiting for the medical examiner's report to help us determine what type of object may have been in the cannon," Tremonton Police Chief David Nance told msnbc.com, saying authorities don't know yet what caused the injury. "We're still investigating and trying to determine what happened."

    The boy died at the scene of severe head injuries, reported KSL.com.

    Read the full story on KSL.com

    The boys' father was in a back bedroom at the time. No charges have been filed in the accident, Nance told msnbc.com, and he does not anticipate that any will be.

    The replica is based on an 18th Century naval cannon, reported KSL.com. The barrel is about 6 inches long, according to Nance, and the cannon sits on a wood base.

    Police told KSL the cannon was designed to be able to fire 50-caliber rounds, but a friend of Robby Ostberg told the station that while the 14-year-old fooled around with the cannon, he didn't use real ammunition.

    "He doesn't put a bullet in there. He puts little tin foil balls in there," Cameron Kunsman said.

    The friend's mother, Danielle Kunsman, told The Salt Lake City Tribune that Robby Ostberg was "very talented, mechanically," and was always repairing neighbors' electronic devices.

    "He was willing to help anybody," Kunsman said. "He helped my daughter fix her TV. My husband gave him a chain saw that [was missing parts], and that kid got that thing running again. A neighbor said [Ostberg] was just out here, helping ... change his tires. If it was broken, he’d fix it."

    Robby Ostberg was high school age, but was not enrolled at the local school, Nance told msnbc.com. He did not elaborate.

    The boy's father is an Army veteran, reported Salt Lake City's ABC4.com.

    A neighbor of the Ostbergs told ABC4 replica cannons are known to go off accidentally.

    "All it takes is for something to slip and the hammer to drop on it and it will go boom," Trevor Steinlicht said. "Depending on how much gun powder you put in it, it will go through a wall, kill a rabbit or small game."

    A preliminary report from the medical examiner is expected in the next couple of days, Nance told msnbc.com.

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  • Dramatic rescue after ice gives way on pond

    A 3-year-old boy and his parents are lucky to be alive after falling through thin ice on a pond in Arlington, Mass.

    Soon after venturing onto the ice Sunday evening, cracks appeared and the family fell in. A friend who was with them immediately called 911; within three minutes the first rescuers were in the water.

    The rescue operation, part of which was shown by NBC affiliate WHDH TV in the video above, took place in the dark with fire personnel shining lights on rescuers who themselves went through the ice and into the water. They then formed a human chain to reach the family 25 yards from shore.

    "From the time of the call being initiated to us, which was just before 5:30, til all victims were out of the water was approximately 10 to 11 minutes," Arlington Fire Chief Robert Jefferson told WHDH. "They were very lucky in that sense but this time of year we preach to everybody that no body of water is safe no matter how cold it's been, no matter how thick that ice may be."

    Maria Terra-Diaz, one of those rescued, told WHDH that the family was "doing very well" and was "very thankful" to rescuers.

    "We just decided to go for a stroll on the pond and we didn't think … yeah, just not thinking too much," she added.

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  • Spelling taught here? Sign outside NYC school misspells it as 'Shcool'

    nbcnewyork.com

    This glaring misspelling has some criticizing the "dumbing down" of American society.

    NEW YORK --  A glaring misspelling on a street sign outside a Manhattan high school has some laughing that the mistake’s gone unreported for months and stauncher critics condemning what they perceive to be a symbol of the “dumbing down" of American society.

    The painted pavement on Stanton Street outside Marta Valle High School reads "SHCOOL X-NG."


    The Department of Transportation claims the mistake was made by a utility provider, not the city, according to The New York Post. The agency said it would reach out to the contractor to have the error fixed.

    But that hasn't quelled the outcry.

    “It’s sad,” Derek Pacheco, a securities worker who passes by the sign on his way to the office each day, told the Post. “It speaks volumes about the dumbing down of American culture.”

    A city worker who asked not to be identified told the Post regardless of who made the mistake, a student or administrator at the school should have noticed and reported it some time ago.

    Another worker in the area laughed when the Post asked him what he thought of the pavement sign.

    "It's embarrassing for the city," said Luis Maldonado. "Teaching kids to read and write correctly is very important."

    Area residents said construction crews labored on the street over the summer.

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  • Search for 4 Rainier hikers 'to scale down'

    Elaine Thompson / AP

    Mount Rainer, seen at dawn on Jan. 2, is only 50 miles south of Seattle and draws thousands of hikers each year, even in winter.

    The search for four climbers and campers missing for more than a week in Washington's Mount Rainier National Park was scaled back Tuesday after three aircraft and ground teams found no sign of them Monday despite excellent search conditions, the National Park Service said.

    No search will take place Tuesday due to stormy weather, the agency said in a statement Monday night, and "the park will begin to scale down the operation."

    Two helicopters and an airplane with a heat-sensing infrared camera joined some 40 people on seven ground teams on Monday, the first day conditions were favorable for a large search.

    Rangers believe both parties were equipped for bad weather but worry they're running out of supplies.

    The climbers -- Sork Yang, 52, of Springfield, Ore., and Seol Hee Jim, 52, of South Korea -- had planned to reach Rainier's 14,411-foot summit and return on Jan. 16.

    The campers -- Mark Vucich, 37, of San Diego, Calif., and Michelle Trojanowski, 30, of Atlanta, Ga. -- planned to winter camp on the Muir Snowfield, elevation 10,000 feet, and then hike out on Jan. 15.

    Over the last week, search crews had been pushed back by gusts up to 90 mph, white-out conditions, ice-crusted snow, avalanche dangers and snow depths of between 10 to 15 feet, as well as snow drifts up to 50 feet deep.

    About 10,000 people attempt to summit the massive volcano each year, but most do so in the summer. Only a few hundred climb in the winter months.

    Elaine Thompson / AP

    Snowshoers head out on a trek at the Paradise area of Mount Raininer National Park on Jan. 7.

    A 66-year-old snowshoer was found alive last week after spending two days in blizzard conditions.

    Rainier also saw the fatal shooting of a park ranger on New Year's Day by a former Army soldier who later froze to death as he was hunted in the park.

    STORY: Rainier has its rewards, and risks

    "It's been a rough month for Mount Rainier," said Mike Gauthier, who was a climbing ranger on Rainier for two decades. "Any of these are big events. To have one immediately fall into the next one. It's not even the third week of January. It's a lot of stress on the staff."

    The Associated Press contributed to this report.

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  • Caught on camera: Rescue of buried snowmobiler

    Helmet-cam video shows a snowmobiler caught in an avalanche in Washington State and his friends quickly rushing to his rescue. KING-TV's Jim Forman reports.

    WASHINGTON -- A snowmobiler caught in an avalanche on Stampede Pass, Washington, on Sunday was quickly rescued by friends who watched it happen.

    The entire incident was recorded by a helmet cam, attached to the helmet of the man's friend, Rick Jablinske.

    Jablinske posted the video on YouTube that night.

    Shown in the video, John, the man caught in the avalanche, stops at the bottom of a hill to watch another snomobiler higher up. The snowmobiler makes a few passes, letting loose an avalanche.

    The torrent of snow thunders down the hillside, completely burying John.

    Fellow snowmobilers get to him in seconds and frantically dig him out.

    Breathing and dazed, John was okay and able to go home to recover.

    All the snowmobilers were wearing protective clothing and helmets. 

  • FBI: Conn. cops behaved like ‘bullies with badges’

    Updated at 1:13 p.m. ET:

    The three officers and one sergeant on the East Haven Police Department accused of assaulting Latino suspects and residents while on patrol “behaved like bullies with badges,” an FBI investigator told NBC News on Tuesday.

    FBI agents arrested the four men, including the president of the local police union, on charges they terrorized individuals and drummed up false reports to cover up abuses in a Connecticut suburb where a federal probe uncovered episodes of misery inflicted on the Latino community. 

    “The four police officers charged today allegedly formed a cancerous cadre that routinely deprived East Haven residents of their civil rights,” FBI Assistant Director-in-Charge Janice K. Fedarcyk told NBC News.  “The public should not need protection from those sworn to protect and serve.  In simple terms, these defendants behaved like bullies with badges.”

    Read complete coverage at NBCConnecticut.com

    The East Haven Police Department has been under scrutiny for months amid allegations some officers mistreat people of color.

    “The serious crimes alleged in the indictment undermine the public’s trust in the fine men and women of law enforcement who serve the people bravely and with integrity every day,” U.S. Attorney David Fein told NBC News.  

    The indictment alleges more than 30 overt acts by the four defendants – Dennis Spaulding, David Cari, Jason Zullo and Sgt. John Miller -- and others in furtherance of the conspiracy, including:

    • A July 2007 incident during which Miller and another officer used unreasonable force against a victim in the vicinity of the Saltonstall Parkway;   
    • A November 2008 incident during which Spaulding used excessive force against an individual in the parking lot of a Latino-owned restaurant and bar. Spaulding then arrested the individual under false pretenses to cover-up the assault and prepared a false report to justify the false arrest;
    • A January 2009 incident in the same parking lot during which Spaulding and Zullo arrested three individuals under false pretenses and with Miller and Cari present. Zullo then used excessive force against two of the individuals in the EHPD station, and Spaulding prepared a false report to justify the arrests;
    • A February 2009 incident during which Spaulding, Cari and other officers illegally searched a vehicle parked outside of a Latino-owned grocery store. Inside the store, Cari and Spaulding, under Miller’s supervision, then arrested a religious leader, who is also an advocate for Latinos, on false pretenses. At Miller’s direction, Cari, Spaulding, Zullo and others conducted an illegal search of the back room of the store in an effort to unlawfully seize the store’s video recording equipment. In the days following the arrest, Cari drafted various false versions of an arrest report to cover up the false arrest of the religious leader. In the months following the incident, Spaulding engaged in behavior intended to intimidate the religious leader and others;
    • A January 2010 incident during which Miller used excessive force against an individual in the vicinity of Thompson Avenue, and then reprimanded a fellow officer who witnessed the assault and reported it to a supervisory sergeant;
    • Intimidation and harassment of East Haven Police Commissioners who were attempting to investigate the arrest of the religious leader and other alleged misconduct involving Miller; Intimidation of EHPD personnel, including threatening statements about an EHPD officer who was believed to be cooperating in an investigation of EHPD.

    Earlier:

    The FBI arrested three police officers and one sergeant in Connecticut for allegedly mistreating Hispanic suspects and residents while on patrol, law enforcement officials said. 

    Three East Haven police officers and the sergeant were taken into custody early Tuesday and are expected to be arraigned in federal court in Bridgeport later on the civil rights-related charges, the officials said.

    The officers were identified as Dennis Spaulding, David Cari, Jason Zullo and Sgt. John Miller.

    Connecticut U.S. Attorney spokesman Tom Carson confirmed the arrests and said the charges would be outlined at a news conference in Bridgeport later Tuesday morning.

    The East Haven Police Department has been under scrutiny for months amid allegations some officers mistreat people of color.

    The arrests come weeks after the Justice Department issued a report saying some members of the department intentionally targeted Latinos for enforcement and traffic stops, and that there may have been efforts to cover up the alleged misconduct.

    The Justice Department also found "serious deficiencies" in how the department is managed, officials told NBC New York.

    Rev. James Manship is among those who worked to document what he said was harassment of Latino businesses by police for no apparent reason. Manship was arrested and locked up while videotaping one arrest. He was later released. 

    Click here to read the original story on NBCNewYork.com

    The former chief of the East Haven Police has denied his department systematically engaged in any wrongdoing. But he acknowledged certain members of the department were being investigated.

    The New York FBI joined in the investigation to avoid any appearance of a conflict by the FBI Connecticut, which works closely with local police departments. An FBI New York spokesman declined to comment. 

    There was no immediate comment from an East Haven police department spokesperson either.

    Connecticut Gov. Dan Malloy commented on the allegations of racial profiling last week, saying, "As governor, I will continue to insist that every effort is taken to protect individual rights in every community,and that racial profiling is eliminated.”

    Some residents and civil rights groups have held vigils and rallies to protest the alleged police misconduct. Previous news reports suggested as many as 15 officers were under scrutiny for alleged misconduct.

    Connecticut U.S. Attorney spokesman Tom Carson confirmed the arrests and said the charges would be outlined at a news conference in Bridgeport later Tuesday morning.

    More content from msnbc.com and NBC News

  • 'A second of inattention': Icy river sweeps girl, 6, away from father

    Rescue crews continue to search for a 6-year-old Oregon girl that has been missing since Sunday, when she fell into the icy Clackamas River. KGW-TV's Mark Hanrahan reports.

     

    ESTACADA, Ore. -- An Oregon man raced along the rain-swollen Clackamas River but couldn't keep up with his 6-year-old daughter who had fallen into the stream and was swept downriver, authorities said.

    Rescue workers searched without success Monday for Vinesa Snegur, who fell Sunday into the river, running fast and cold from a recent winter storm.


    The Clackamas County sheriff's office said the search would resume Tuesday.

    "It was just a second of inattention," sheriff's Sgt. James Rhodes said of the little girl's fall, explaining that her father turned away, "then splash, and she fell in. He ran and tried to keep up with her, but he was unable to."

    Rhodes said the girl and her parents, Igor and Marina Snegur, are from southeast Portland and drove Sunday to play in the snow. They parked near Austin Hot Springs in the Mount Hood National Forest where a road is close to the stream.

    The spot is about 60 miles southeast of Portland. There's no cell service, and the family couldn't call for help until they got to a phone at a ranger station an hour later, Rhodes said.

    Rick Bowmer / AP

    A member of the Multnomah County Sheriff Search and Rescue team searches along the Clackamas River for 6-year-old Vinesa Snegur on Monday.

    The water temperature Monday was just above freezing, and the river is carrying a heavy load of trees and roots, imperiling rescue workers, he said.

    About 50 ground searchers and divers suspended their search at nightfall Monday. A helicopter with thermal imaging equipment also was used to scan the river.

    Purple jacket, pink hat
    Steve Duin, who joined the search and wrote about it in a column for The Oregonian, said that by noon Monday about 50 people had joined the search, including divers in the water and relatives of the child, who was wearing a purple jacket, pink hat and white pants when she fell.

    "Flares have been set out on the road into Austin Hot Springs, the smoke drifting over the divers and the bridge. The black ice is long gone as I slide down the hill, but I slow each time the river comes into view, searching for a blink of purple or pink somewhere," he wrote.

    The Oregonian reported that Vinesa's parents were still on the mountain "surrounded by family and trauma specialists" late on Monday.

    A series of storms stretching from coast to coast brought snow and ice to the Pacific Northwest, grounded planes in Chicago and 2012's first snow to the Northeast. NBC's Bill Karins and the Weather Channel's Mike Seidel report.

    At Vinesa's Mill Park Elementary School, about 140 students visited a special 21-person crisis counseling team Monday, The Oregonian reported. Barbara Kienle, students services director, said half a dozen employees, including some of Vinesa's teachers, also talked to counselors.

    "She has many friends," Principal Rolando Florez told the newspaper. "There were lots of sad kids in her class today."

    Like many streams in western Oregon, the Clackamas River is swollen by heavy rain that fell late last week as a winter storm moved into the region. The storm caused flooding in many communities in the Willamette Valley.

    A mother and her 1-year-old son died after a creek swept away their car from an Albany, Ore., parking lot. A father and his son were able to escape.

    Most streams have receded, but more rain is been forecast this week in western Oregon, raising the possibility of more floods.

    The Associated Press contributed to this report.

  • 'No idea what happened': US man vanishes in Syria

    AP

    Obada Mzaik, seen in this undated family photo provided by Dr. Firas Nashef, has been missing nearly three weeks after traveling to Syria on Jan. 3, according to relatives.

    A 21-year-old Syrian-American has been missing for three weeks after returning to Syria from suburban Detroit, according to a family member in Michigan.

    Obada Mzaik flew to Damascus from Detroit Metropolitan Airport on Jan. 3, but wasn't seen leaving an immigration checkpoint, Dr. Firas Nashef, his uncle in Farmington Hills, said.


    Mzaik, who was born in Columbus, Ohio, was planning to study civil engineering at Al-Yarmouk University.

    He had been temporarily living in the Detroit area with a younger brother while taking fall classes at Oakland Community College, Nashef said.

    The brother, Obaie Mzaik, 19, who was on the same flight, was not detained in Damascus, Nashef said.

    "We have no idea what happened," the dentist said.

    "It's horrendous because knowing what we know about the prison system over there, anything goes," Nashef told the Detroit News Monday. "The prison system and justice system over there is not very impressive."

    He added that Mzaik had been detained in Syria for 37 days last year, but had not been charged officially.

    The Syrian government says the country is being attacked by extremists but some civilians say the only armed gangs in the city are the security forces. NBC's Ayman Mohyeldin reports.

    The State Department said it was aware of the matter and was working with authorities in Syria.

    On Jan. 11, the U.S. government urged Americans to get out of Syria and to avoid any travel there.

    Mzaik has citizenship in the U.S. and Syria. Nashef said the family returned to Syria in 1994 when his nephew was about 3.

    "Most of his life he's been in Syria," Nashef said.

    'Deep concern'
    The Detroit News noted that a Facebook page, entitled "Freedom to our friend Obada Mzaik," has been set up.

    It had 1,220 likes as of early Tuesday morning.

    A link on that page led to a petition on the www.change.org website, which urges the State Department to help free Mzaik.

    "As Syrians looking for freedom, we are outraged by the obscure circumstances surrounding Obada's arrest, and we express our deep concern over his safety in the Syrian regime's custody," the petition says.

    One message, which msnbc.com was immediately unable to verify, says "because he is my son ... I want him free and now."

    The Associated Press contributed to this report.

  • Secret tapes of JFK's last days released

    BOSTON -- President John F. Kennedy's library is releasing 45 hours of privately recorded meetings and phone calls, providing a window into the final months of his life.

    The tapes include discussions of conflict in Vietnam, Soviet relations and the race to space, plans for the 1964 Democratic Convention and re-election strategy. There also are moments with his children.


    On one recording, made days before Kennedy's assassination, he asks staffers to schedule a meeting in a week.

    He tells them he's booked for the weekend, with no time to meet with an Indonesian general then.

    "I'm going to be up at the Cape on Friday, but I'll see him Tuesday," JFK tells staffers.

    The tapes, released on Tuesday by the John F. Kennedy Presidential Library and Museum and downloadable in .zip file format from the archive website, are the last of more than 260 hours of recordings of meetings and conversations JFK privately made before his assassination in Dallas on Nov. 22, 1963.

    In the scheduling discussion three days before his killing, JFK also eerily comments on what would become the day of his funeral.

    "Monday?" he asks. "Well that's a tough day."

    "It's a hell of a day, Mr. President," a staffer replies.

    Audio tapes featuring Jackie Kennedy that were made in the months following John F. Kennedy's death are providing a new look at the former first lady.

    Kennedy kept the recordings a secret from his top aides. He made the last one two days before his death.

    Kennedy library archivist Maura Porter said Monday that JFK may have been saving them for a memoir or possibly started them because he was bothered when the military later gave a different overview of a discussion with him about the Bay of Pigs.

    In a tape declassified in May 2011, President John F. Kennedy is heard expressing doubts about the expense of the space program as he prepared for his reelection campaign. NBC's Brian Williams reports.

    The latest batch of recordings captured meetings from the last three months of Kennedy's administration. In a conversation with political advisers about young voters, Kennedy asks, "What is it we have to sell them?"

    "We hope we have to sell them prosperity, but for the average guy the prosperity is nil," he says. "He's not unprosperous, but he's not very prosperous. ... And the people who really are well off hate our guts."

    Kennedy talks about a disconnect between the political machine and voters.

    "We've got so mechanical an operation here in Washington that it doesn't have much identity where these people are concerned," he says.

    On another recording, Kennedy questions conflicting reports military and diplomatic advisers bring back from Vietnam, asking the two men: "You both went to the same country?"

    He also talks about trying to create films for the 1964 Democratic Convention in color instead of black and white.

    "The color is so damn good," he says. "If you do it right."

    Porter said the public first heard about the existence of the Kennedy recordings during the Watergate hearings.

    In 1983, JFK Library and Museum officials started reviewing tapes without classified materials and releasing recordings to the public. Porter said officials were able to go through all the recordings by 1993, working with government agencies when it came to national security issues and what they could make public.

    In all, she said, the JFK Library and Museum has put out about 40 recordings. She said officials excised about 5 to 10 minutes of this last group of recordings due to family discussions and about 30 minutes because of national security concerns.

    Porter has supervised the declassification of these White House tapes since 2001, and she said people will have a much better sense of the kind of leader JFK was after hearing them. While some go along with meeting minutes that also are public, she said, listening to JFK's voice makes his personality come alive.

    She said he comes across as an intelligent man who had a knack for public relations and was very interested in his public image. But she said the tapes also reveal times when the president became bored or annoyed and moments when he used swear words.

    The sound of the president's children, Caroline and John Jr., playing outside the Oval Office is part of a recording on which he introduces them to Soviet Foreign Minister Andrei Gromyko.

    "Hello, hello," Gromyko says as the children come in, telling their father, "They are very popular in our country."

    JFK tells the children, mentioning a dog Soviet Premier Nikita Khrushchev gifted the family: "His chief is the one who sent you Pushinka. You know that? You have the puppies."

    JFK Library spokeswoman Rachel Flor said the daughter of the late president has heard many of the recordings, but she wasn't sure if she had heard this batch.

    "He'd go from being a president to being a father," Porter said of the recordings. "... And that was really cute."

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    The Associated Press contributed to this report.

  • Nepal cops: Smuggler hid drugs in Buddhist prayer wheels

    KATMANDU, Nepal -- Police in Nepal have arrested a U.S. man who was allegedly a member of a smuggling ring that sent illegal drugs into the United States by concealing them in Buddhist prayer wheels.

    The drugs, which were also put into metal bowls, were sent via Federal Express, authorities said.


    Police official Navraj Silwal said Kristian Peter Stiegler, 45, was detained while trying to send 2.5 pounds of hashish, a form of cannabis, and 2 pounds of suspected opium.

    If tests confirm the substance is opium, Stiegler could face up to 20 years in prison.

    However, Silwal said Stiegler would likely get a lighter sentence because he was cooperating in the investigation into the alleged drug ring.

    'Hefty sum'
    Silwal said Stiegler has lived in Nepal and India for three years and was suspected of sending several drug shipments.

    The Himalayan News Service said hashish was allegedly sent to Europe, as well as to the United States.

    It reported the smuggling ring was discovered when police in Dubai intercepted two parcels of hashish that Steigler had allegedly sent to a New Orleans woman.

    "Stiegler used to send hashish to the woman via airmail in the form of parcels and the woman used to distribute the drug in black market for a hefty sum," Yadav Raj Adhikari, chief of the Narcotic Drug Control Law Enforcement Unit, told the Himalayan News Service.

    The Associated Press contributed to this report.

  • Mitt Romney's tax returns: He earned $42.5 million, is paying $6.2 million in taxes

    Republican presidential hopeful Mitt Romney released his tax returns, which reveal he paid a 14 percent rate on nearly $22 million in income for 2010. NBC's Chuck Todd talks to TODAY's Matt Lauer about how this release might impact the race.

    Republican presidential candidate Mitt Romney released tax records on Tuesday indicating he is paying $6.2 million in taxes on a total of $42.5 million in income over the years 2010 and 2011.

    Bowing to increasing political pressure to provide more detail about his vast wealth, the former private equity executive released tax returns indicating he and his wife, Ann, paid an effective tax rate of 13.9 percent in 2010. They expect to pay a 15.4 percent rate when they file their returns for 2011.

    Romney's 2010 returns show the candidate is among the top 1 percent of taxpayers.


    Romney's tax rate is below that of most wage-earning Americans because most of his income, as outlined in more than 500 pages of tax documents, flows from capital gains on investments.

    Under the U.S. tax code, capital gains are taxed at 15 percent, compared with a top tax rate of 35 percent for wage earners.

    Rival Newt Gingrich made public his returns on Saturday, showing he paid almost $1 million in income taxes — a tax rate of about 31 percent.

    'Not a dollar more'
    Romney released the tax returns after a week in which Gingrich questioned whether Romney was hiding information about his finances and cast him as being out of touch with most Americans.

    Romney's campaign confirmed the details of his tax information after several news organizations saw a preview of the documents. He had said planned to release his returns in full Tuesday morning, and campaign officials would be prepared to discuss them in detail with reporters.

    At Monday's Republican presidential debate in Florida, the showdown between former Massachusetts Governor Mitt Romney and former House Speaker Newt Gingrich erupted into a verbal slugfest. NBC's Peter Alexander reports.

    "You'll see my income, how much taxes I've paid, how much I've paid to charity," Romney said during Monday night's debate in Tampa. "I pay all the taxes that are legally required and not a dollar more. I don't think you want someone as the candidate for president who pays more taxes than he owes."

    Gingrich's attacks on Romney helped him upset the former Massachusetts governor in the South Carolina primary on Saturday.

    Since then, Romney has vowed to be more aggressive in returning fire.

    He has launched a series of attacks questioning Gingrich's character, judgment and lucrative work as a Washington consultant, and released his tax returns to try to nullify Gingrich's criticisms on that front.

    The tax rates Romney reported paying could add fuel to a national debate over the fairness of the tax code, and coincides with broader concerns about income inequality symbolized by the Occupy Wall Street movement.

    Swiss bank account closed in '10
    Romney's campaign officials stressed that his tax rate is based mostly on income from investments. His holdings include an undisclosed amount in funds based in the Grand Cayman Islands and other overseas entities.

    Watch the full NBC News/National Journal/Tampa Bay Times GOP presidential debate as Newt Gingrich and Mitt Romney set a combative ahead of Florida's Jan. 31 primary.

    Romney advisers stressed that the holdings in the Caymans -- along with those in a Swiss bank account that was closed in 2010 after an investment adviser decided it could be politically embarrassing to Romney -- were reported on tax returns and were not vehicles to avoid taxes.

    They also stressed that Romney, whose holdings are in three blind trusts, makes no decisions as to how his money is invested.

    Regardless, the emerging picture was of a man of great means who contributes mightily to charity. The documents showed he and his wife contributed $7 million in charity over the two years, much of it going to his Mormon church. That represents more than 15 percent of the Romneys' income for those years.

    Romney, whose estimated net worth is $190 million to $250 million, is among the wealthiest Americans ever to seek the presidency.

    Top campaign officials and the director of Romney's blind trust, Brad Malt, briefed Reuters on the details ahead of a more general release of the information Tuesday morning.

    'We're proud of it'
    Campaign counsel Ben Ginsberg, asked why Romney was not releasing tax records for the years in the 1980s and 1990s in which Romney made his fortune at private equity firm Bain Capital, said the two years covered by the tax returns should give a broad picture of Romney's financial situation.

    "We're not going to get into the game of once you give them something, they demand more," Ginsberg said. "This is a fulsome release and we're proud of it."

    Top Talkers: A new Gallup daily tracking poll from Monday shows 2012 candidates Mitt Romney and Newt Gingrich are in a statistical tie in Florida. The Morning Joe panel – including New York Magazine's John Heilemann and financier Steven Rattner – discusses the poll and Monday's NBC News/National Journal/Tampa Bay Times debate.

    The tax issue may have been a factor in Romney's loss to Gingrich in South Carolina. It became a distraction to Romney's campaign, and Romney's fuzzy answers on when and if he would release his records aggravated the problem.

    First he said he might release them, or might not. When the questions kept coming, he said he would put them out in April, after his 2011 forms were completed. Only after he was defeated in South Carolina did his aides say he would release them this week. Gingrich has released his returns for 2010, but has not released an estimate for last year, as Romney did.

    Long considered the front-runner for the 2012 Republican presidential nomination, Romney was staggered by Gingrich's lopsided win in South Carolina, and is looking to regain enough momentum to defeat Gingrich in Florida, which votes on January 31.

    Before the tax records were released, Romney's old investments in two controversial government-backed housing lenders stirred up new questions at the same time his campaign targeted Gingrich for his work for Freddie Mac.

    Gingrich earned $1.6 million in consulting fees from Freddie Mac even though Romney has as much as $500,000 invested in the U.S.-backed lender and its sister entity, Fannie Mae.

    Tax experts told The Associated Press that Romney's income tax returns may contain other charity structures and tax strategies designed to both boost his income and charity donations, while minimizing his involvement because of his presidential ambitions.

     Reuters and The Associated Press contributed to this report.

  • Jury: Woman had ex-NFL player kill millionaire boyfriend in 1994

    Paul Bersebach / AP

    Nanette Packard waits for opening statements to begin in her trial in Santa Ana, Calif. on Monday, Jan. 9, 2012.

    SANTA ANA, Calif. -- A woman was convicted Monday of arranging to have a former National Football League player kill her millionaire boyfriend more than a decade ago to collect on a $1 million life insurance policy and other cash.

    Jurors found Nanette Ann Packard, 46, guilty of first-degree murder in the 1994 shooting death of Newport Beach mogul William McLaughlin and that she committed the crime for financial gain.

    Former New England Patriots linebacker Eric Naposki was convicted of killing McLaughlin in a separate trial.

    According to the Orange County Register, the two-week trial drew scores of court watchers including true-crime authors and producers for two television documentary shows.

    Kimberly McLaughlin, the victim's daughter, clasped her hands and whispered "thank you" to jurors as they exited the courtroom in Santa Ana.

    "This is in honor of my dad and all of the many people this woman has used and abused," she told reporters after the verdict. "It's a lot of closure for us."

    Packard, who wore a white sweater and had her long wavy hair pulled back in a ponytail, sat with her back to dozens of McLaughlin's supporters in the courtroom. Her attorney, Mick Hill, briefly patted her back after the verdict was read.

    Prosecutors portrayed Packard as a femme fatale who had manipulated McLaughlin while living with him -- and dating other men --as she was stealing his money, the Los Angeles Times reported.

    Prosecutors accused Packard of convincing Naposki to kill McLaughlin, giving him a key to the victim's house and telling him when he would be home. She stood to collect $1 million on a life insurance policy and receive other benefits if McLaughlin died, authorities said.

    Packard ended up getting at least $500,000 from McLaughlin's estate and by writing checks to herself from his account, said Matt Murphy, deputy district attorney. On the day before the murder, Packard wrote a $250,000 check from McLaughlin's account and deposited it into her personal account, authorities said.

    "In this case, we really had two motives: there was love and there was also money," Murphy told reporters, adding that Packard filed a civil suit against McLaughlin's family after his death in a bid to receive more cash. "She's a greedy thief who committed this murder for money."

    Packard and Naposki are each scheduled to be sentenced on May 18. Both face a sentence of life in prison without parole, Murphy said.

    The Associated Press contributed to this report.

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  • 'One day I will be back': Deported coach dreams of US return

    Miguel Aparicio, a former Phoenix high school coach whose deportation to Mexico sparked a national outcry, says he has been struggling with his life since leaving Arizona.

    “I feel so depressed,” Aparicio recently told The Arizona Republic in Phoenix. “Sometimes when I’m dreaming, I wake up in the middle of the night and I think I’m in Phoenix. But then I look around and I realize, no, I’m not.”

    The former high school cross-country coach's story unfolded last summer when his deportation came on the day the Obama administration made a policy change that would allow thousands of undocumented residents like Aparicio to remain in the country.

    Read original story: Deportee struggles to readjust to life outside Phoenix 

    In June, Immigration and Customs Enforcement's director John Morton announced that prosecutors and immigration agents would consider a defendant's history and community ties when deciding whether to press for deportation.

    Aparicio's lawyer, Jose Luis Peñalosa, was quick to jump on the policy change, filing a motion on his client's behalf. But, it came too late and failed to win the man's stay of deportation, the Arizona Republic reported.

    Aparicio has been described in local news outlets as a coach who contributed a great deal of success and good to Phoenix-area schools, despite being an undocumented worker and having a DUI on his record. 

    These days, Aparicio spends his days tending 26 sheep on his family's farm in Guanajuato. He's also dreaming of his return to America, according to the newspaper.

    "I am just waiting to see if they change something about immigration," he told the Arizona Republic. "I am just hoping because I do not feel like the ICE officers were really fair with me. They just looked at the negative stuff. They did not look at the positive stuff. And I have a lot. I know for sure that one day I will be back."

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  • Abortion opponents march on Roe v. Wade anniversary

    Kevin Lamarque / Reuters

    Anti-abortion demonstrators take part in the "March for Life" in Washington on Monday.

    WASHINGTON -- Tens of thousands of abortion opponents marched to the U.S. Supreme Court in chilly, soggy weather on Monday to mark the 39th anniversary of Roe v. Wade, the court's decision legalizing abortion.

    The "March for Life" has been held every year since 1974, a year after the landmark Supreme Court ruling. It is consistently one of the largest protests of the year in Washington, although weather likely kept this year's numbers down a bit.


    House Speaker John Boehner told the crowd that he is one of 12 children and that anti-abortion views are part of his identity.

    "With your help this bipartisan majority is standing up for life," he said. "We are heeding the voice of the people who oppose taxpayer funding of abortion."

    Cecile Richards, president of Planned Parenthood, talks about the ongoing battle over abortion and a woman's right to choose.

    Rep. Steve Chabot, R-Ohio, urged supporters to "make sure we have a pro-life House and elect a pro-life Senate ... and most importantly that the most pro-abortion president in American history, President Obama, no longer occupies the White House."

    Participants carried signs reading "I Vote Pro-Life First," "Defund Planned Parenthood" and "Face It ... Abortion Kills a Person."

    Rep. Chris Smith, R-N.J., urged anti-abortion voters to unite behind the eventual GOP nominee.

    "We don't have the luxury of disunity or nominee disappointment or apathy," Smith said. "For the sake of the innocent, failure to unite is not an option."

    Republican frontrunner Mitt Romney has said he wants to see Roe v. Wade overturned. But Janet Hoven, 55, of Chester, N.J., said he still needed to do more to court anti-abortion activists.

    "He's going to have to come out very strong for life. I certainly will pray that he will," said Hoven, a Romney supporter.

    Carolee Zentkovich, 68, of Columbia Station, Ohio, said she supports Santorum but would gladly vote for Romney in the hopes of getting Obama out of office.

    Americans remain strongly divided on abortion.

    A Gallup poll last year showed that 49 percent of respondents identified themselves as "pro-choice," while 45 percent called themselves "pro-life." The same survey found that 50 percent of Americans believe abortion should be legal under some circumstances, 27 percent said it should be legal in all cases and 22 percent said it should always be illegal.

    The Associated Press contributed to this report.

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  • Democrat's cat beaten to death, 'liberal' scrawled across it

    LITTLE ROCK, Ark. -- Police were investigating Monday after a cat belonging to the family of a Democrat's campaign manager was beaten to death and the word "liberal" scrawled across its side.

    The cat belonged to the family of Jake Burris, who manages Democrat Ken Aden's bid for Arkansas' 3rd Congressional District.

    Burris was returning to his Russellville home with his four children when he found the cat on his doorstep Sunday night, the Aden campaign said in a press release.

    The mixed-breed Siamese cat had one side of its head bashed in to "the point the cat's eyeball was barely hanging from its socket," the release said.

    Aden told Reuters that the event was "horrible, to say the least."

    "Thankfully, there are not that many people who want to do something like this," Aden said. "The majority of people in this district are hard-working folks, but you get the occasional crazy individual out there."

    The Russellville Police Department is investigating the incident as an animal cruelty case, according to a police official. Russellville is 80 miles west of Little Rock.

    Aden is running against incumbent Republican Representative Steve Womack.

    Aden and Burris said they did not believe Womack or his re-election campaign were involved in the incident.

    Arkansas' 3rd District is heavily conservative Republican and has been held by a Republican since the 1966 election. Womack first won the congressional seat in 2010 with 72 percent of the vote.

    The Womack campaign denounced the violence on Monday.

    "The thought of brutalizing any animal for the sake of making a political statement is beyond any standard of decency and the person or people responsible for this act should be held accountable to the fullest extent of the law," said Beau Walker, Womack's chief of staff.

    Reuters contributed to this report.

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  • Gay marriage backers get majority in Washington state Legislature

    A Washington state senator on Monday joined those lawmakers who support gay marriage, ensuring enough votes to pass a bill out of the state Senate.

    "I have very strong Christian beliefs, and personally I have always said when I accepted the Lord, I became more tolerant of others," Democratic Sen. Margaret Haugen said in a statement posted on her website. "I stopped judging people and try to live by the Golden Rule. This is part of my decision. I do not believe it is my role to judge others, regardless of my personal beliefs."


    The state House already has enough support, and Gov. Chris Gregoire has endorsed the plan.

    Still, it's expected that opponents of gay marriage will oppose the measure on a statewide ballot.

    Haugen's announcement came moments before the state Legislature held its first public hearing on the issue.

    STORY: King5.com's coverage of the legislation

    If ultimately approved, Washington would join New York, Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and the District of Columbia in approving gay marriage.

     

    The Associated Press contributed to this report.

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  • Court: Man freed from Ohio death row after 2 decades can't be retried

    A man held for more than 21 years on Ohio’s death row – whose conviction was thrown out by a federal judge after ruling that prosecutors withheld potentially exculpatory evidence -- cannot be tried again in the case, the U.S. Supreme Court has ruled.

    The state had wanted the court to review a ruling last August by the U.S. Circuit Court of Appeals in favor of former inmate Joe D'Ambrosio, according to The Associated Press. But the high court rejected that request.

    D’Ambrosio was convicted of murder in the death of Tony Klann, 19, whose body was found in a Cleveland creek in 1988. A federal judge ruled in 2006 that prosecutors had not turned over evidence that could have led a panel to find him not guilty and threw out his conviction. D’Ambrosio was freed in 2009, the same federal judge barred his re-prosecution in 2010 and a county judge dismissed the charges against him in 2011, according to The Plain Dealer.

    "Today was 23 years in the making,” D’Ambrosio said in a statement. “Justice has finally prevailed."

    D'Ambrosio is the 140th former death row inmate to be exonerated since 1973 and the sixth from Ohio, according to the Death Penalty Information Center

    “What this case clearly shows is that the death penalty system in Ohio with all of its safeguards still makes mistakes and I think we’re just relieved that Joe D’Ambrosio had some extraordinary attorneys who worked tirelessly for … 20, 30 years to prove that he was not guilty,” Kevin Werner, executive director of Ohioans to Stop Execution, told msnbc.com.

    “This is a moment that really should give Ohio officials pause because right now they’re fighting over the lethal injection process and how those rules are or are not followed at the same time that the state Supreme Court has commissioned a task force to assess how fair and accurate is the death penalty system, and I think Joe D’Ambrosio’s case is a pretty clear indication that the death penalty system is not working,” he added.

    The number of death sentences imposed in the U.S. has taken an “historic drop” -- about 75 percent -- over the last 15 years, accompanied by a nearly 60 percent decline in the number of executions, the Death Penalty Information Center said in its annual report in December.  

    Recent polls showing a withering of support for capital punishment over controversial cases like that of Troy Davis, who was executed in Georgia in September. The decline in the use of the death penalty also has likely been influenced by states’ worsening financial conditions, said Richard Dieter, the center’s executive director.

    Msnbc.com's Miranda Leitsinger and The Associated Press contributed to this report.

  • Disney OKs staff beards, goatees -- to a point

    David McNew / Getty Images

    Disneyland Resort in Anaheim, Calif., is among the Disney parks where visitors reportedly will soon see some staff sporting well-kept beards and goatees.

    Ending a rule that dates back to their founding in 1955, Disney theme parks will allow employees to wear goatees or beards as long as they "create an overall neat, polished and professional look," the company announced Monday in a memo to staff.

    The update to the guidelines known as the "Disney Look" go into effect on Feb. 3, according to the memo, parts of which were published by insidethemagic.net.

    Walt Disney Parks and Resorts confirmed to msnbc.com that the change had been made.

    There is, however, a well-defined limit to the facial hair. The memo states that any facial hair must be "neatly groomed and well-maintained at no longer than a quarter of an inch in length."

    Disney in the memo added that it also is starting a "Casual Friday" attire for staff not working directly with park visitors.

    Disney last updated its "look" two years ago, the Orlando Sentinel reported, when it allowed female workers to forego panty hose when wearing skirts.

    In 2000, Disney allowed staff to wear moustaches. Insidethemagic.net noted that Disney seemed to be behind the times back then, given that founder Walt Disney himself had one.

    More content from msnbc.com and NBC News

  • Supreme Court rules on GPS tracking, but punts on larger issues

    Monday’s Supreme Court ruling invalidating a conviction based on evidence gained by GPS tracking of a suspect's car might seem like a victory for privacy advocates. But on the critical issues of privacy and Fourth Amendment rights, the majority of the court actually punted. 

    The unanimous opinion issued Monday morning is among the first in which the Supreme Court has decided a case at the thorny 21st-Century intersection of law, technology and privacy.  Police in Washington, D.C., had tracked a suspect by placing a tiny GPS device on his car, then tracking his movements for about a month. While the trial court held that evidence obtained through the GPS amounted to surveillance of the suspect's movements through public spaces, an appeals court ruled that it constituted an illegal search and seizure and a violation of Fourth Amendment rights.  The Supreme Court affirmed the decision. 

    There was a remarkable amount of disagreement, however, in this unanimous decision. The court issued perhaps the narrowest ruling possible -- essentially that placement of the GPS on the car constituted a violation of property and effects rights, akin to trespassing, therefore spoiling any evidence garnered through the process.  Left undecided: What rights do citizens have when law enforcement uses other technological methods to track their whereabouts?

    Justice Sonia Sotomayor, while concurring with the decision, delivered a separate opinion dripping with disappointment.

    "With increasing regularity, the government will be capable of duplicating the monitoring undertaken in this case by enlisting factory- or owner-installed vehicle tracking devices or GPS-enabled smartphones. In cases of electronic or other novel modes of surveillance that do not depend upon a physical invasion on property, the majority opinion’s trespassory test may provide little guidance," she wrote.

    Electronic law expert Mark Rasch, former head of the Justice Department's Computer Crime unit, said the opinion has "almost given carte blanche to law enforcement to go ahead and try to find their way around" the ruling, such as enlisting the help of cell phone providers to track citizens in their cars.

    Sotomayer clearly regretted that the majority did not take the opportunity to make a more definitive ruling on privacy and Fourth Amendment rights, Rasch said. In her opinion she raised the complex issue of law enforcement agencies increasingly using private firms to aid in surveillance and evidence gathering. Rules governing evidence originally obtained by third parties are unclear, but generally offer fewer rights that rules governing law enforcement investigative techniques.

    "This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks," Sotomayer wrote. "People disclose the phone numbers that they dial or text to their cellular providers; the URLs that they visit and the e-mail addresses with which they correspond to their Internet service providers; and the books, groceries, and medications they purchase to online retailers. … I for one doubt that people would accept without complaint the warrantless disclosure to the government of a list of every website they had visited in the last week, or month, or year."

    Justice Samuel Alito also seemed frustrated by the court's failure to take on the deeper issues raised in the GPS tracking case.

    "(This opinion) largely disregards what is really important (the use of a GPS for the purpose of long-term tracking) and instead attaches great significance to something that most would view as relatively minor -- attaching to the bottom of a car a small, light object that does not interfere in any way with the car’s operation,” he wrote in a concurring opinion.  "By contrast, if long-term monitoring can be accomplished without committing a technical trespass — suppose, for example, that the federal government required or persuaded auto manufacturers to include a GPS tracking device in every car — the court’s theory would provide no protection."

    The Justice Department had asked for even more sweeping evidence-gathering rights. It argued that placement of the GPS device on the suspect's car was akin to other forms of electronic evidence-gathering that the court has already allowed. The most analogous situation, the Justice Department argued, was placing a homing beacon, or "beeper," in a device that is given to a suspect – for example, in the case cited by Justice, when illicit chemicals with a beeper attached were sold by a cooperating witness to a suspect.  But such beepers are placed into property with the permission of a third party and then accepted voluntarily by a suspect. That differs greatly from law enforcement attaching a gadget to a suspect's car, the court found. That makes the act less like surveillance and more akin to a search, affording it Fourth Amendment requirements.

    "The government physically occupied private property for the purpose of obtaining information," Justice Antonin Scalia wrote. "We have no doubt that such a physical intrusion would have been considered a 'search' within the meaning of the Fourth Amendment when it was adopted."

    Scalia was comfortable stopping there.

    "It may be that achieving the same result through electronic means, without an accompanying trespass, is an unconstitutional invasion of privacy, but the present case does not require us to answer that question," he wrote, in a direct answer to Sotomayer's complaint. "There is no reason for rushing forward to resolve them here."

    Rasch found deep faults in Scalia's logic. Police "attach" things to citizens' automobiles all the time. Parking tickets, for example, or chalk marks as a reminder to meter maids that cars may have exceeded hourly requirements. The act of installing something on a car is not itself trespassing, he argued – it’s the act of using such a device to track a citizens' movement over time without a warrant that raises constitutional issues. 

    "'Hands off my car,' is the best way I can put this ruling," he said, adding that he thought the court had failed by issuing such a narrow ruling.

    "They've avoided the issue. They were asked to address the Fourth Amendment issues, and they decided a trespassing case," he said. "You don't need the Supreme Court for that." 

     

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  • Manhunt ends when suspect surrenders to Miss. news anchor

    A suspect thought to be holed-up in standoff turns himself in to WLBT's Bert Case.

    A man who was wanted in connection with a Madison County, Miss., standoff was taken into custody on Friday, after he surrendered to a reporter covering the manhunt, according to local TV station WLBT

    WLBT's Bert Case said Rodney Wayne Hill approached him Friday morning at the home where the standoff had ended hours earlier. Case said Hill, who appeared distressed, told him he needed help and had spent the night hiding in the woods nearby. 

    "I thought I was being set up," Case, whose journalism career spans almost five decades, told WLBT. "I didn't believe that this was really happening."

    One of the news station's videographers called the police. Case said he was worried he couldn't keep Hill talking until the police arrived. Within a few minutes, the sheriff and a deputy arrived at the scene and arrested Hill, according to WLBT.

    The standoff began Thursday afternoon, when deputies responded to a call saying Hill had threatened a neighbor with a rifle. When the police arrived at his house, Hill was already gone.

    Hill was taken to the Madison County Sheriff's Department on Friday, according to TV station WAPT. Sheriff Randy Tucker said Hill will undergo a mental evaluation, and the results may determine whether he will face felony charges for allegedly threatening his neighbor.

     

    More content from msnbc.com and NBC News

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