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  • Court delivers new blow to Planned Parenthood in Texas abortion battle

    AUSTIN, Texas - A U.S. appeals court judge on Tuesday issued an emergency stay of a ruling that prevented the state from excluding Planned Parenthood from a health program for low-income women because the organization performs abortions.

    The stay, issued by Judge Jerry Smith of the 5th U.S. Circuit Court of Appeals, reversed a lower court ruling Monday in favor of the family planning organization. The decision means the state is free for now to enforce a new rule banning Planned Parenthood from the Texas Women's Health Program, state officials said.

    The Associated Press reported that Smith gave eight Planned Parenthood organizations involved in a lawsuit until 5 p.m. Tuesday to present arguments.


    "At this point, Planned Parenthood is not an eligible provider in the Women's Health Program," Stephanie Goodman, a spokeswoman for the Texas Health and Human Services Commission, said Tuesday.

    The Women's Health Program, which is part of the federal-state Medicaid program, provides cancer screenings, birth control and other health services to more than 100,000 low-income women.

    It does not pay for abortions or allow abortion providers to participate in the program. The new state rule bans program money from going to affiliates of abortion providers. State law has included that ban on affiliates since the program began in 2007, but the state did not enforce it.

    Judge: Texas can't ban Planned Parenthood from health program

    The Planned Parenthood groups sued, and on Monday, U.S. District Judge Lee Yeakel temporarily blocked the state rule pending trial, citing "the potential for immediate loss of access to necessary medical services by several thousand Texas women."

    Planned Parenthood had told Yeakel that the health care of 40,000 women would be disrupted unless he blocked the rule.

    But lawyers for the state said that Planned Parenthood's mission was contrary to a program goal of reducing abortions and that the program would end if Planned Parenthood remains in it.

    Texas notified the federal government last year of its intent to begin enforcing the ban, effectively excluding Planned Parenthood from the program.

    Watch US News crime videos on msnbc.com

    President Barack Obama's administration has said it will not renew funding for the Texas program because the state was violating federal law by restricting the freedom to choose providers.

    The state is suing over that decision. The federal government pays 90 percent of the $33-million-a-year program.

    Msnbc.com staff contributed to this report.

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    Copyright 2013 Thomson Reuters. Click for restrictions.
  • Occupy protesters rally on May Day in New York, London

    Justin Lane / EPA

    People march on a sidewalk during a May Day protest in New York on May 1. People around the world are gathering for May Day protests against austerity measures and calling for higher wages. In the United States, the Occupy Wall Street movement is trying to use May Day to rejuvenate.

    Evan Vucci / AP

    Workers clean the vandalized windows of a Bank of America branch in Washington, Tuesday, May 1.

    Mike Segar / Reuters

    A protester affiliated with the Occupy Wall Street movement is stopped by the police as he stands in the middle of Sixth Avenue during a protest march to the Bank of America headquarters in New York City May 1. Occupy Wall Street joins labor groups for a day of protests on Tuesday to mark International Workers Day and to try to breathe fresh life into the movement that sparked a wave of nationwide protests against economic injustice eight months ago.

    Robert Galbraith / Reuters

    California Highway Patrol officers take positions at the Golden Gate Bridge in anticipation of May Day demonstrations in San Francisco, California May 1. Authorities anticipated demonstrators would shut down the bridge, but agreement was reached to prevent that action.

    Justin Lane / EPA

    People march past a bank during a May Day protest in New York, on May 1. People around the world are gathering for May Day protests against austerity measures and calling for higher wages. In the United States, the Occupy Wall Street movement is trying to use May Day to rejuvenate.

    Monika Graff / Getty Images

    Occupy Wall Street demonstrators dance as hundreds of protesters gather during a May Day labor rally in Bryant Park on May 1, in New York City. Demonstrators have called for nation-wide May Day strikes to protest economic inequality and political corruption.

    Lefteris Pitarakis / AP

    An 'Occupy London'' protester hands out flowers to mark May Day, to commuters in a central London train station, Tuesday, May 1.

     

  • Husband arrested for wife's murder -- 28 years earlier -- after body found under barn

    Booking photo of John Heath, who is accused of murdering his wife Elizabeth Gough Heath in 1984.

    Police have arrested the husband of a woman whose body was found inside a well under a barn in Newtown, Conn.

    Elizabeth Gough Heath was reported missing in April 1984, just days after John Heath filed for divorce. She was 30 years old at the time.

    A father and son found Elizabeth Gough Heath’s remains in April 2010 as they were renovating the barn at 89 Poverty Hallow Road in Newtown.

    For more, visit NBCConnecticut.com

    They were working on breaking through badly damaged flooring when they found a covered well. Inside were pillows, blankets and a bag containing what looked like a human femur. It was.

    John Heath, 68, of Bridgewater, was charged with murder on Monday, accused of killing his wife. He is being held in lieu of $1 million and is due in court in Danbury on Tuesday.

    After the body was found, the medical examiner ruled Elizabeth's death a homicide. The cause was blunt traumatic head injury.

    Land records show that John Heath owned the property until 2005, when he lost it to foreclosure. He reported his wife missing on April 6, 1984.

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  • Bodies of 2 women found outside elementary school in Saugus, Massachusetts

    Updated at 5:58 p.m. ET: Authorities were investigating what led to the deaths of two women whose bodies were found Tuesday outside an elementary school in Saugus, Mass.

    A custodian at Lynnhurst Elementary School found the bodies about 6:45 a.m. lying on the ground behind a school building. The bodies were clothed and had "obvious" signs of trauma, said Carrie Kimball Monahan, a spokeswoman for Essex County District Attorney's Office.

    One victim was identified by Massachusetts State Police as Donna Brerau, 54, of Lynn, Essex County. The other woman, believed to be a close relative, has not been positively identified, Monahan said.


    Autopsies were scheduled for Wednesday.

    The deaths were being treated as homicides. Authorities had no suspects.

    The area where the bodies were found was immediately cordoned off so no children saw them.

    "The staff and faculty did a good job in preventing the children who did arrive at school this morning from seeing the two bodies. None of the children were exposed to that," Monahan said.

    School was canceled for the day.

    Saugus is a town of about 26,000 about 13 miles north of Boston.

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  • Student in DEA custody forgotten without food or water for days

    Drug Enforcement Administration (DEA) agents are accused of accidentally leaving a 24-year-old suspect in a holding cell for five days without food or water. KNTV's Tony Shin reports.

    A San Diego college student detained for several days in a county detention facility cell is seeking an attorney and may be considering filing a civil lawsuit, sources tell NBCSanDiego.

    The 24-year old UCSD engineering student was left in the cell for five days without food or water, seemingly forgotten by the federal authorities who detained him.

    He was one of seven people detained after a Drug Enforcement Administration ecstasy raid in University City on April 21, according to a DEA statement.


    See video, read the original report at NBCSanDiego.com

    "The individual was at the house by his own admission," the DEA confirmed Monday.

    During the raid, authorities said, they confiscated ecstasy, marijuana, prescription medication, hallucinogenic mushrooms, and a white powdery substance that was described as a synthetic hallucinogen. They said they also seized numerous weapons, including a Russian rifle, handguns and thousands of rounds of ammunition.

    "Seven suspects were brought back to county detention." One was released, but "accidentally left in one of the cells," a statement from the DEA read.

    The defendants were brought back to the DEA office after the raid and processed. The suspects were moved around the five cells at the detention facility during the proceeding. None were strip or body cavity searched, the DEA stated. 

    A law enforcement source told NBC 7 that the student was handcuffed and held in a room no larger than the average bathroom.

    Sources say a worker at the DEA discovered the man by chance about five days later after hearing strange noises coming from the holding cells.

    When authorities with the DEA discovered that the student was still in the cell, they immediately called emergency medical services. UTSanDiego.com reported that San Diego fire officials said paramedics were called April 25.

    In the cell, the detainee told authorities he found a white powdery substance, which he took, the DEA statement said.

    Later testing revealed the substance was methamphetamine.

    Sources close to the student say he nearly died of kidney failure in Sharp hospital due to the dehydration he experienced. He was treated for several days and released.

    He is not currently under arrest, authorities with the DEA said.

    San Diego defense attorney Gretchen Von Helms says the victim could get millions if he files a lawsuit.

    "In all my years of practice I've never heard of the DEA or any federal government employee simply forgetting about someone that they have in their care," she said.

    "There has to be repercussions if people do not follow the safety and the care when they have a human being in their custody."

    Former federal prosecutor John Kirby said he’s familiar with the holding cells at the DEA office. He told NBC 7 San Diego that the rooms have no bathrooms and the suspect likely went without food or water.

    Given his familiarity with the DEA, Kirby said this incident is “inconceivable” because every detainee is processed, and it would be hard to get lost in the shuffle.

    “You talk about whether they might have done it intentionally. No way, because somebody's career is done over this,” added Kirby.

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  • 5 anarchists nabbed in plot to blow up Ohio bridge

    Five men were arrested in Ohio, accused of plotting to blow up the Route 82 Brecksville-Northfield High Level Bridge near Cleveland. Charges are now pending against Douglas L. Wright, 26, Brandon L. Baxter, 20, and Anthony Hayne, 35, Connor C. Stevens, 20, and Joshua S. Stafford, 23. NBC's Brian Williams reports.

    Federal agents have arrested five people who were plotting to blow up a bridge near Cleveland, Ohio, an incident not connected to the anniversary of former al-Qaida chief Osama bin Laden's death, officials say.

    Douglas L. Wright, 26, Brandon L. Baxter, 20, and Anthony Hayne, 35, were arrested by members of the FBI's Joint Terrorism Task Force on April 30 on charges of conspiracy and attempted use of explosive materials to damage physical property affecting interstate commerce. Also arrested were Connor C. Stevens, 20, and Joshua S. Stafford, 23. Charges are pending against them.


    The five were "controlled by an undercover FBI employee," and agents had them under extensive surveillance for a long period of time. The explosives they allegedly purchased were inoperable.

    "There was never any danger," one federal official said.

    On what appeared to be the Facebook pages of Hayne, Stafford and Baxter, there were claims that they were affiliated with Occupy Cleveland, which moved swiftly Tuesday to distance itself from the bridge plot.

    Occupy Cleveland canceled May Day protest plans to march in the city and hang signs after “we awoke to the news of the arrests,” coordinator Johnny Peskar, 22, told msnbc.com.

    'Occupy' protesters hit the street

    “We don’t need any implications in this nonsense,” Peskar said.

    Occupy organizers had seen a few in the plot hanging around earlier events, but their actions were “autonomous,” he said.

    Court documents say the FBI became aware of the men in October. A confidential source told the FBI that they were acting suspiciously at a protest event, wearing masks, talking on radios, and saying they didn't believe in peaceful protest. They carried flags associated with anarchist groups.

    From that point on, the informant was in constant touch with the group members. Their goal, one of them said, was to destroy private property "to send a message to corporations." Last November, they discussed setting off smoke grenades on Veterans Memorial Bridge in Cleveland as a diversion while they would be knocking bank signs off the tops of tall buildings downtown.

    Federal officials say Wright, Baxter and Hayne describe themselves as anarchists who considered a series of evolving plots over several months.

    As Stevens and Stafford came into the plot, they started talking about using explosives.

    The informant brought in two people he said could help them get explosives. These people were actually FBI undercover agents. The group members agreed to buy tear gas and gas masks. Two weeks later, they said they wanted to buy plastic explosives.

    Library of Congress

    A photo of the Brecksville-Northfield High Level Bridge taken in 1995 as part of the Historic American Buildings Survey and Historic American Engineering Record projects for the U.S. National Parks Service.

    In late April, they settled on trying to blow up the Route 82 Brecksville-Northfield High Level Bridge. This bridge crosses from Brecksville, Ohio to Sagamore Hills, Ohio over the Cuyahoga Valley National Park.

    On April 29, they met with the undercover agents and bought what they thought were two homemade bombs for $450. They planned to place them on April 30 but were arrested by the FBI.

    The members of this group had a strong desire to commit acts of violence but no idea how to do it. At one point, a member of the group says what they needed was "mainly bleach," because, he said, that's what land mines and hand grenades were made with during World War II.

    "The complaint in this case alleges that the defendants took specific and defined actions to further a terrorist plot," said U.S. Attorney for the Northern District of Ohio Steven Dettelbach. "The defendants stand charged based not upon any words or beliefs they might espouse, but based upon their own plans and actions."

    This story is developing. Please check back for more details.

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  • Mom, son killed in car accidents hours apart in Wisconsin

    A Wisconsin woman and her adult son were killed in separate traffic crashes just hours apart in a Milwaukee suburb, police say.

    Mary J. Moore, 45, died after she was struck by a vehicle on a street in West Allis around 1 a.m. Sunday. Separately, a friend was speeding her son, Thomas M. Olson, 22, to the hospital to see her when he struck three parked cars and overturned, West Allis Deputy Chief Charles Padgett said. Olson was killed in the crash about 5:30 a.m. Sunday.


    Padgett said Olson knew his mother had been hit, but he wasn't sure if Olson knew she had died.

    "It's emotional. We want to get there fast and sometimes disregard our safety," Padgett said. "I use it to remind people that regardless of the circumstances, be aware of the speed."

    The driver of the car Olson was riding in was arrested on suspicion of driving while intoxicated. He and two other passengers suffered non-life-threatening injuries.

    Moore was hit as she lay prone in the street. A motorist following the car that struck her told police it looked as though the vehicle hit a speed bump, according to the Milwaukee County Medical Examiner's report. The witness did not realize that it was a person until getting closer, the report said.

    Padgett said Moore had been drinking before she was hit, but it's not clear how much, pending autopsy results.

    The driver that hit Moore drove off, but officers later found and arrested the person they believe is responsible. That driver may also have been drinking, authorities said.

    "In my 24 years (of law enforcement), I've seen a lot of strange things, but don't specifically remember a case like this," Padgett said. 

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  • 'Battle for the soul of Occupy': Activists fear being 'pulled to the right,' becoming Democratic 'pet'

    Occupy Wall Street protesters are planning coast-to-coast demonstrations Tuesday in honor of "May Day" or International Workers' Day. The protesters are calling for a general strike and are encouraging workers to stay home. The Morning Joe panel discusses.

    As Occupy protesters hit the streets for a nationwide general strike on Tuesday, some in the movement fear the emergence of two new activist outfits made up of "old left" advocacy groups and unions is an attempt to turn them into a "pet" for the Democratic Party and President Obama’s reelection effort.

    The new groups, 99% Power and 99% Spring, include backers such as MoveOn.org, Rebuild The Dream, AFL-CIO, United Auto Workers, CODEPINK: Women for Peace, and The Ruckus Society. The groups bring money with them – something in short supply for Occupy – but their efforts are being eyed warily by those who helped launch the Occupy movement.

    Adbusters, the Canadian magazine that made the initial call for people to Occupy Wall Street on Sept. 17 of last year, has been running a blog series on their website, "Battle for the Soul of Occupy," in the last few weeks. In it, the publication has decried attempts to "neutralize our insurgency with an insidious campaign of donor money and co-optation."

    "This counter-strategy worked to kill off the Tea Party’s outrage and turn it into a puppet of the Republican Party. Will the same happen with Occupy Wall Street? Will our insurgency turn into the Democrats’ Tea Party pet?" Adbusters wrote in an April 12 post. "Will you allow Occupy to become a project of the old left, the same cabal of old world thinkers who have blunted the possibility of revolution for decades? Will you allow MoveOn, The Nation and Ben & Jerry to put the brakes on our Spring Offensive and turn our struggle into a ‘99% Spring’ reelection campaign for President Obama?"

    Skepticism of electoral politics runs deep in the Occupy movement and it could affect the ability of Democrats to mobilize activists during the 2012 campaign, despite attempts to appropriate the "99 percent" rhetoric. But Todd Gitlin, a former leader of the 1960s group, Students for a Democratic Society, who has just published a book on Occupy, believes the concerns of some in the movement are "outlandish."

    Protesters hit the streets for May Day rallies

    "It was inevitable that there would arise political actors that want those same reforms, although they don’t necessarily share the real-time spirit of the movement. These are the membership organizations, like the unions and MoveOn … who did turn out for the big marches in October and November, and who are numerically very large but were always from the beginning being met with suspicion on the part of the Occupy movement," said Gitlin, a professor of sociology and journalism at Columbia University.

    "This represents actually a misunderstanding on the part of some of the Occupy people who feel weak, so they’re afraid of co-optation because they feel that the co-opters have the power to puncture their balloon," he added.

    Still, the new groups don’t sit well with Charles M. Young, a writer at thiscantbehappening.net and a 1960s-era activist. He attended one of the mid-April training sessions held by The 99% Spring on Manhattan’s Upper West Side, which he said was led by representatives of the Democratic Party and Wall Street lawyers, and where Obama buttons were offered for sale.

    Up host Chris Hayes leads the conversation on civil disobedience in light of the Occupy Wall Street movement, and the groups that are emerging to teach protesters non-violent demonstration tactics.

    Young, 61, feared that Occupy could be "pulled to the right" by partnering up with them and felt the effort was part of a bid to keep the "Kucinich Democrats" from leaving.

    "It looks very much like what they call an AstroTurf movement, you know, something from the top down," he said, noting he left the meeting "disillusioned." "I don’t remember anybody saying that there was a need for the 99% Spring before it came out."

    "It does seem to be mostly the Democratic Party trying to keep the left in line for Obama and keeping things obedient, and that’s just not enough given the issues involved," he added.

    In an email statement, Justin Ruben, MoveOn's executive director, said his group has electoral goals, but that his organization has "zero interest in trying to alter [Occupy] in any way."

    "Growing economic inequality and the increasing influence of 1 percent cash in our political system are huge problems, and problems that MoveOn members care deeply about. Our response includes working to engage more activists in the fight for fairness for the 99 percent and to introduce activists to powerful tactics like non-violent direct action. That's what the 99% Spring is about," he said.

    "Regarding elections, yes, there's no question that MoveOn sees elections as profoundly important, and we will be engaged in elections this year -- just as we've engaged in elections since our inception in 1998. But of course we work with lots of allies that don't engage in elections, and we respect that choice," he added.

    Dorian Warren, an assistant professor of political science at Columbia University, said schisms on the left today are similar to those during the civil rights movements. There were "intense fights between the old guard" groups like the NAACP and the Southern Christian Leadership Conference, and the youth-led Student Nonviolent Coordinating Committee, he said. In hindsight, the youth-led group played an important role, serving as "the left flank of the movement," he said. "That’s sort of the role Occupy is playing."

    But Occupy should be skeptical and challenge the progressive establishment, he said. "Until September, the strategies of these groups, whether it was ‘inside the Beltway’ game or just traditional interest group politics, that was not working, and so the more radical tactics that Occupy innovated is what shifted the political terrain and they should stay focused on doing that."

    The 99% Spring and 99% Power have given a nod to Occupy for leading the way, though they also said they had been drafting plans to engage in more public protest and focus on corporate accountability before Occupy existed. They had targeted the fall for their campaign, but then Occupy took off, which in turn helped them convince others of the viability of their own strategy, said George Goehl, executive director of National People’s Action.

    Occupy reinvented: '99 percent' protesters target General Electric

    "It opened up some space for some of the things that we’ve been working on for a long time, and it was really just kind of liberating … in terms of what was possible and also in terms of kind of confirming what we thought," he said.

    Goehl said members of Occupy have joined his group’s trainings – or led them – and some consider themselves as part of 99% Power. He said when he was in Des Moines last week at a protest, three of the 12 people arrested were from Occupy.

    "I think what we’re seeing is … a growing number of threads that do speak to the need to be fearless truth tellers around what’s truly going on in this country to both engage in nonviolent direct action and to challenge the dominance of the corporate sector both, you know, in our economy and in our politics," he said. "And I think that, you know, Occupy is a thread of that, 99% Spring is a thread of that, 99% Power … it’s all part of the same thing."

    He said that the notion that any electoral objectives were part of their strategy was "completely false."

    "The organizations that actually started this idea don’t really run big electoral programs. It’s not been that kind of the focus in terms of strategies and tactics," he added.

    In the end, Warren, the politics professor, said he thought there could be "too much focus on who’s co-opting Occupy versus Occupy just doing its work."

    Success during big events like Tuesday’s May Day actions will actually depend on how many people that the unions, MoveOn and other groups turn out, Warren said. "In that sense, Occupy’s fate is linked to these other groups and these others groups’ fates are linked to Occupy."

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  • Expert: Inadequate guardrails on Bronx overpass where seven died

    A man is mourning the deaths of his wife, daughter and five other family members who were killed when their SUV plunged off an overpass near New York City's Bronx Zoo. NBC's Jeff Rossen reports.

    The section of highway where an accident sent seven members of a Bronx family flying over a guardrail and plummeting to their deaths has narrow lanes, steep hills, tight turns, inadequate guardrails and no breakdown lane, an auto safety group said Monday.

    The Bronx River Parkway "lacks modern transportation engineering features," said Robert Sinclair, spokesman for the American Automobile Association's New York City affiliate. He said it was conceived in 1907 and opened in 1925 as "the first limited access multilane highway in the U.S."


    Three sections of the parkway in the Bronx, including one at or near the accident site, are on the state Transportation Department's 5 Percent List, a federally mandated report of locations "exhibiting the most severe highway safety needs."

    The driver, Maria Gonzalez, clipped a highway divider and damaged a tire Sunday afternoon before her SUV plunged off a highway and six stories down into a ravine on the grounds of the Bronx Zoo, killing three generations of a family, including three children, police said.

    The overpass close to the Bronx Zoo has been the site of serious automobile accidents in recent years, although evidence of neglect stretches back into the 1970s, The New York Daily News reported.

    Critics contend that city and state officials failed to act despite the string of deaths, according to the the newspaper.

    "I've actually walked that parkway on foot. It is an amalgam of patchwork and Band-Aid repairs. You have plates, and it's like the roadway is in sections. One section doesn’t necessarily meet up with the other," lawyer Jeff Korek, who is suing the city after a 2006 wreck at the same spot that killed six people, told the Daily News.

    'I don't want to live': Families mourn 7 killed in Bronx crash

    "It’s really a section of roadway that has to be improved," he said. "A proper safety review of this roadway would have prevented many deaths, including these latest."

    Family members of those killed on Sunday seemed inclined to agree with Korek's assessment.

    Juan Gonzalez, the driver's husband, blamed the state, at least in part, for the crash.

    "He says it's very careless of the state to let that happen," a relative said, translating Gonzalez's Spanish at a funeral home. "There's been several incidents before this. Accidents such as this and they haven't done anything to prevent this."

    Louis Lanzano / AP

    Police investigate the destroyed van that plunged over the Bronx River Parkway, Sunday April 29, 2012, in New York. Authorities say the out-of-control van plunged off a roadway near the Bronx Zoo, killing seven people, including three children. (AP Photo/ Louis Lanzano)

    The state Department of Transportation's only comment was an email message that said, "We are working closely with all agencies involved to determine the cause of this tragic accident."

    On the highway, just before the accident site, is a sign that warns of "Limited Sight Distance" on the six-lane parkway, which runs north-south between the south Bronx and central Westchester County.

    Second in past year
    The accident was the second in the past year where a car fell off the same stretch of the parkway; the earlier accident wasn't fatal. In 2006, six people were killed on the parkway when one car crossed the median into oncoming traffic.

    Police said Maria Gonzalez of the Bronx was driving south at 68 mph when she bumped a concrete barrier separating the north- and southbound lanes. With one tire damaged, her Honda Pilot skittered across three lanes of traffic, hit a 2-foot-high concrete curb and went airborne, clearing a 4-foot-tall guardrail.

    Watch US News videos on msnbc.com

    "It is very strange that there is a curb there," Sinclair said. "You don't put curbs on high-speed roadways because they can serve as launching pads, which appears to be what happened here. A big Honda Pilot flew over a 4-foot guardrail."

    He said the guardrail should be higher on an elevated roadway.

    Gonzalez was driving well above the posted 50 mph limit, but speeding is common at that point and she may have been simply keeping up with traffic, said New York Police Department spokesman Paul Browne. He said there was no evidence Gonzalez was texting, on a phone or had been drinking. Toxicology tests are pending.

    "There's no evidence of a mechanical failure," he added.

    The medical examiner's office on Monday ruled the deaths accidental. Autopsies showed that all seven died from blunt force trauma.

    The NYPD's accident investigation squad found "yaw marks" on the road, he said. He said they indicate a vehicle going perpendicular to traffic.

    All the victims were wearing seat belts.

    They were identified as Jacob Nunez, 85, and Ana Julia Martinez, 81, who were visiting from the Dominican Republic; their daughters, Gonzalez, 45, and Maria Nunez, 39, and three grandchildren. The children were Jocelyn Gonzalez, 10, the daughter of the driver, and Niely Rosario, 7, and Marly Rosario, 3, both daughters of Nunez.

    Msnbc.com staff and The Associated Press contributed to this report.

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  • 'Overwhelming military-type response': Report criticizes Oakland police handling of Occupy protests

    Stephen Lam / Reuters, file

    Members of the Oakland Police department form a line during a confrontation with Occupy Oakland demonstrators on January 28, 2012.

    Oakland police used "an overwhelming military-type response" to disperse Occupy Oakland demonstrators and fired at a former Marine and Iraq war veteran who was critically injured in the clashes in October, according to a report issued on Monday.

    The federal court monitor tracking reforms in the Oakland Police Department came one day before anti-Wall Street protesters plan nationwide rallies on May 1, with Occupy Oakland demonstrators vowing to take over San Francisco's iconic Golden Gate Bridge.


    Oakland's police practices came under intense scrutiny last year when former Marine Scott Olsen was critically injured during a demonstration in October. Protesters said he was hit in the head by a tear gas canister.

    Iraq war veteran Scott Olsen, injured at an Occupy Oakland protest, gave his first live television interview following the incident to MSNBC's The Ed Show

    The report concludes, for the first time from an official source, that police did fire at and hit Olsen that evening. An Oakland Police Department SWAT team member fired a beanbag round at Olsen, striking him in the head, according to the report.

    "We have viewed many official and unofficial video clips of the Occupy Oakland-related incidents," the report said. "These recordings lead us to ask additional questions as the level of force that was used by OPD officers, and whether that use of force was in compliance with the Department's use of force policies."

    Exclusive "Occupy" interview: Scott Olsen on MSNBC's The Ed Show

    The beanbag rounds fired that night leave a green residue, which was found on the hat Olsen was wearing that night, later retrieved by police, according to the report.

    The monitor, Robert Warshaw, said the court-ordered reforms, many of them related to how the department polices its officers, have gone backward during the past year, the San Francisco Chronicle reported.

    'Thoroughly dismayed'
    Olsen's case reinvigorated the Occupy movement against economic inequality, and the confrontations with police in subsequent protests turned Oakland into a focal point for the movement as demonstrators rallied against what they described as police brutality.

    Jay Finneburgh / AP, file

    Scott Olsen lays on the ground bleeding from a head wound after being struck by a projectile on October 25, 2011.

    The Oakland Police Department has been subject to court-ordered external monitoring and review since the 2003 settlement of what was known as the Riders case, in which four officers were accused of planting evidence, fabricating police reports and using unlawful force, according to the Oakland police.

    Injured vet spent days at work, nights at protest

    Monday's report was the latest in a series designed to monitor and enforce compliance with the court-ordered reforms, known as the Negotiated Settlement Agreement.

    "We were, in some instances, satisfied with the performance of the Department; yet in others, we were thoroughly dismayed by what we observed," monitor Warshaw wrote.

    The police department announced last week that it was making significant changes to how it trains officers to control large crowds following criticism over its practices during Occupy Oakland protests that sometimes turned violent. It received more than 1,000 misconduct complaints during those protests.

    "OPD has turned the corner," Oakland Police Chief Howard Jordan said in a statement upon the report's release. "My vision is to make Oakland one of the safer major cities in California." 

    The police department's critics of the department said the report brought the force closer to a federal takeover, according to the San Francisco Chronicle.

    "Stagnation is troubling. After nine years, more progress should be made," John Burris, one of two attorneys who brought a civil suit a decade ago that led to court oversight, told the newspaper. "We must seriously explore the next step."

    Reuters and msnbc.com's Alastair Jamieson contributed to this report.

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