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  • Donations for bullied bus monitor soar past $500,000

    The online campaign raising money to send a bullied New York school bus monitor on vacation has surpassed its goal – by more than half a million dollars. NBC's Lester Holt reports.

    The online campaign raising money to send a bullied New York school bus monitor on vacation has surpassed its goal – by more than half a million dollars.

    The rapidly growing “Lets Give Karen – The bus monitor – H Klein A Vacation!” campaign on Indiegogo.com, a site devoted to raising money for various causes, reached nearly $550,000 by midday Friday, just two days after it was started. The original goal was set at $5,000.

    The campaign will remain open to donations for 28 more days.


    Karen Klein, 68, who earns about $15,000 a year as a bus monitor, said, “It’s a nice gesture, but I don’t know if it’s real or not,” after hearing about the donations. “It sounds too good to be true.”

    "This is definitely the highest-grossing and fastest-grossing campaign we've ever seen," Indiegogo.com spokesperson Rose Levy told msnbc.com, adding that the site has more than 5,000 campaigns at any given time. "Obviously this particular campaign went viral very quickly, which is a big reason for its success." 

    In the four years since the company was founded, Levy said, a number of campaigns related to bullying prevention have gained traction on the website. 

    Indiegogo keeps 4 percent of funds raised as a platform fee if a campaign meets or exceeds its goal. If a campaign fails to meet its goal, Indiegogo takes 9 percent of the total funds raised.

    The fund for Klein was set up after a 10-minute, profanity-laced video depicting her being relentlessly bullied and driven to tears by four middle school boys went viral earlier this week.

    Where to go with a half-million-dollar vacation budget

    Ashley Austell, one of more than 24,000 people who donated to the campaign, said it was the least she could do.

    “I couldn’t stop thinking, ‘What if that were my grandma?’” Austell, 24, told msnbc.com in an email after she saw the video. “When she cried, I started bawling because it was so heartbreaking. You felt for this woman. She could be any of our grandmothers.”

    Austell, who lives in Arlington, V.A., donated $100 because she “wanted to be part of a whole world showing Karen Klein that people care about her.”

    Two of the students and the father of a third implicated in the harassment have issued apologies to Klein via statements to police in Greece, N.Y.

    “I am so sorry for the way I treated you,” one of the students named Josh said in statement. “When I saw the video I was disgusted and could not believe I did that. I will never treat anyone this way again.”

    Another student, Wesley, said he feels “really bad” about the incident.

    The father of a third student said, “I would like it if he could do some work for you or help you in some way,” in a statement to police. “I am embarrassed, angry and sad about the awful way he treated you.”

    Two of the four boys who were taped tormenting a school bus monitor have apologized for their behavior in statements released through police.

    In the video, four students taunted Klein with a tirade of verbal insults and physical ridicule that included one comment from a boy who said Klein does not have family because “they all killed themselves because they didn’t want to be near you.”

    Klein said her son committed suicide 10 years ago.

    The video has sparked disbelief among viewers and anger targeted at the four students, noted Capt. Steve Chatterton of the Greece, N.Y., Police Department. “Their families have been threatened. Their brothers and sisters have been threatened,” he said at a press conference Thursday.

    Klein said she doesn’t want to see those boys expelled but would like to see them banned from riding the school bus for at least a year and not allowed to participate in team sports.

    At a press conference Thursday, school officials said they are still investigating the incident, but promised strong disciplinary action.

    In addition to the mass compassion for Klein, Southwest Airlines has offered to fly her and nine other people to Disneyland for free.

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  • Alleged police impersonator busted pulling over actual cop

    Prince George's County Police

    Anthony Kenneth Mastrogiovanni

    When impersonating a police officer, beware of pulling over an actual police officer.

    The failure to follow that guidance has led to the capture of one alleged phony cop in Prince George’s County.

    Anthony Kenneth Mastrogiovanni was driving his white pickup truck on southbound Route 301 in Upper Marlboro, Md., earlier this week when he attempted to perform a traffic stop on a Capitol Heights police officer who was driving a personal vehicle.

    Mastrogiovanni told the officer he was a military police officer from Louisiana and advised the officer that he was speeding, police said. The officer in turn told Mastrogiovanni he was out of his jurisdiction and having blue and red emergency equipment in his truck was against the law in Maryland, police said.

    For more, visit NBCWashington.com

    The suspect left the area, and the officer called Prince George’s County police and followed the suspect until other officers arrived.

    Mastrogiovanni, 29, was charged with impersonating a police officer and was released on personal recognizance.

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  • BMW misses parking spot, lands on Jaguar, Mercedes

    NBC Chicago

    A BMW made its own parking spot Thursday morning when it landed on top of two other cars.

    The SUV was on the third floor of a parking garage around 11:15 a.m. at 20 E. Randolph St. when the driver suddenly hit the gas, said Vicky Baftiri, who witnessed the incident.

    The car flew through some wires and launched into the air, landing on top of a Jaguar and Mercedes.

    For more, visit NBCChicago.com

    "I was pulling out from my parking spot," Baftiri said. "If those cars weren't there he would've hit me."

    The driver looked thoroughly shaken and Baftiri yelled to call 911. Chicago Police and fire officials arrived, and no one appeared injured.

    The crash happened on the same floor as an Enterprise Rent-A-Car. A clerk at the kiosk told Baftiri the man was returning the rented vehicle.

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  • $150,000 Salvador Dali painting stolen from New York City art gallery

    A Salvador Dali painting worth an estimated $150,000 was stolen from a Manhattan gallery earlier this week, police sources told NBC 4 New York on Thursday.

    NYPD via AP

    Salvador Dali's painting, "Cartel de Don Juan Tenorio," which was stolen from a New York art gallery on June 19.

    The 1949 painting, known as "Cartel de Don Juan Tenorio," appears to have been stolen on Tuesday from The Venus Over Manhattan gallery on Madison Avenue, police sources said.


    Surveillance cameras show a man wearing a dark shirt with white polka dots enter the gallery with a black cloth bag, police sources said. He is later seen on cameras leaving the gallery with the painting.

    The New York Daily News reported that the man took an elevator from the third floor onto street level and fled down 77th Street. 

    The painting was included in a display with other paintings as part of an exhibit at the gallery, which opened in May of this year, at 980 Madison Avenue between 76th and 77th Streets.

    NYPD via AP

    This image provided by the New York Police Department shows a surveillance camera image of a man suspected of stealing a $150,000 Salvador Dali painting from a Manhattan art gallery Thursday.

    Anyone with information is asked to call police.

    NBC New York and msnbc.com staff contributed to this report.

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  • Park ranger falls 3,700 feet to death during Mount Rainier rescue

    Rain and snow at Mount Rainier in Washington state on Friday were preventing a helicopter from recovering the body of a national park ranger who fell 3,700 feet to his death during the rescue of four climbers. The National Park Service identified the ranger as Nick Hall. 

    Hall was on Rainier's northeast side at about 13,700 feet when he fell around 5 p.m. local time Thursday as he was helping the climbers aboard a helicopter, the service said.

    "As the first of the climbers were being evacuated by helicopter, Mount Rainier climbing ranger Nick Hall fell, sliding more than 3,000 feet down the side of the mountain," the service said in a statement.


    "He did not respond to attempts to contact him and was not moving. High winds and a rapidly lowering cloud ceiling made rescue efforts extremely difficult," the service added. "Climbers reached Ranger Hall several hours after the incident began and found him to be deceased." 

    Three of the climbers were able to be airlifted by 9 p.m. but the fourth had to spend the night on the mountain "in a safe location, with Mount Rainier National Park climbing rangers," the service stated Thursday night.

    National Park Service

    Nick Hall, far left, poses with other Mount Rainier Climbing Rangers during a training session on May 4.

    On Friday morning, the climber and two rangers started to walk down and made it to a camp at 9,500 feet by early afternoon.

    Visibility was poor Friday, with rain showers at lower elevation and snow above 10,000 feet. As a result, the helicopter was grounded and rangers hoping to get to where Hall perished were also making little progress.

    The climbers, two men and two women from Waco, Texas, had been walking on the Emmons Glacier Route on their way down from the summit when two of them slipped and fell into a crevasse, said Kevin Bacher, a park spokesman.

    One of the climbers had a working cell phone and was able to notify park rangers. Rescue crews on foot located the climbers and lifted the two out of the crevasse, then began the process of transferring the climbers to a helicopter.

    "The two women on the end went into the crevasse," Bacher said, "but the two men were able to stop the group, and that prevented anyone from falling to the bottom of the crevasse."

    All four had bruises, and possibly some broken bones, but none of the injuries seemed life-threatening, Bacher said.

    The climber still on the mountain is Stacy Wren, 22. The three hospitalized are Noelle Smith, Stuart Smith and Ross Vandyke, the park said.

    The Waco Tribune-Herald reported that Smith is a Waco attorney who has climbed the highest mountains on all seven continents and has been to both poles.

    Hall, a four-year veteran of Mount Rainier's climbing program and a native of Patten, Maine, was a former Marine sergeant and had also worked as an avalanche forecaster at Yellowstone National Park, according to his Facebook page.

    Interior Secretary Ken Salazar praised Hall as a ranger "who heroically gave his life to save others". 

    Hall's age was initially reported as 34 but later corrected to 33.

    Hall's is the second death of a Mount Rainier ranger this year. Margaret Anderson was shot dead on New Year's Day at a roadblock when she stopped a man suspected in a Seattle shooting.

    Moreover, four Rainier visitors, two climbers and two campers, are presumed dead after failing to return from the mountain in January.

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  • Road-rage victim arrested, CHP confirms

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

     

    LOS ANGELES -- Jerry Patterson, the Palmdale man who was thrown to the ground and kicked in the head during a freeway fight recently captured on video, has been arrested on an outstanding warrant stemming from an earlier roadside confrontation, according to the California Highway Patrol.

    The 49-year-old man failed to appear in court for a June 6 arraignment.

    His bond was forfeited and Los Angeles Superior Court Judge Chet L. Taylor issued a bench warrant for $50,000.


    Patterson was arrested Thursday morning in Altadena and was scheduled to be booked at the Crescenta Valley Sheriff's Station, according to the CHP.

    CHP confirmed Patterson was involved both in a May 25 confrontation and the highly publicized June 12 road-rage incident on the side of the 5 Freeway at Seventh Street in Los Angeles.

    Patterson has not responded to NBC4's request for comment, but his sister -- in a phone interview -- told NBC4 that her brother is "a very good guy. We support him 300 percent."

    "These two incidents are isolated," she said. "He's a good guy. He helps dogs and senior citizens. We don't know what is happening. Maybe he's just having a bad month. He's a good man."

    Read the original story on NBCLosAngeles.com

    Video published recently online showed Patterson stopped along the southbound 5 Freeway, shouting with three other men on June 12. The altercation turned violent, and two of the men beat Patterson until he was motionless on the ground.

    In an interview Wednesday, Patterson acknowledged he accidentally cut off the other vehicle, eventually leading to the road-rage confrontation. He also told NBC4 he suffered a concussion as a result of the incident, which garnered mainstream attention following multiple news reports.

    Suspects Edras Ramirez, 27, and David Mendez, 21, later turned themselves in and are scheduled for arraignment on Friday.

    Patterson's arrest on Thursday stems from an outstanding warrant from an earlier incident, according to the CHP.

    Following a hit-and-run collision May 25 at Corona Avenue and the Toledo in Long Beach, witness James Poole said he followed Patterson to the 200 block of La Verne.

    Patterson pulled over and the two began arguing, said Poole of Belmont Shore.

    "I wouldn't let him get back in his car. First I demanded his driver license number and a lot of people started seeing us yelling and screaming at each other. I was looking at his driver license when he hit me," Poole said.

    Poole said he walked away from the altercation with two black eyes.

    "The three things I do recall he said during our discussion was the fact that he saved millions of Americans' live, he's on a mission with the FBI, and to let him go," Poole said.

    Patterson was booked on suspicion of DUI, hit and run and battery, according to the full police report.

    Poole told NBC4 he went to court on June 5 expecting to see Patterson, but he didn't show, which led to a warrant for failing to appear in court.

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  • Undertakers find rope, wrapper stuffed in dead woman's throat

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

    PHILADELPHIA -- A Roxborough woman is charged with murder after a Willow Grove funeral home made a disturbing discovery while embalming the body of a 70-year-old woman with special needs who appeared to have died of natural causes.

    After Kathleen Mcewan died inside her apartment at a group home on the 300 block of Parker Avenue on June 10, her body was sent to the John J. Byers Funeral Home on Easton Road. While funeral workers prepared Mcewan’s body the next day they found up to 10 inches of rope and a candy wrapper stuffed in her throat, according to a report on Philly.com.

    "When I went to move it or take it out, it had enough resistance that I stopped right away and realized that it was something that shouldn't be in there," funeral worker Ryan Hurt told NBC10's Monique Braxton.


    See the original report at Philadelphia's NBC10.com

    "I've done this for 20 some years, on thousands of people, and obviously I knew right away this didn't appear to be a natural cause of death," funeral director Jeff Thompson told Philly.com. "We called the medical examiner."

    The rope Thompson found is comparable to the drawstring of a hooded sweatshirt or sweatpants, police told NBC10.

    Detectives confirmed to NBC10 that a rope up to 10 inches long and a candy wrapper were found in Mcewan's throat. Mcewan's special needs and the fact that she had no family required her to get around-the-clock care, cops said.

    On Wednesday, officers arrested Geraldine Cherry, who lives in the Parker Place Apartments, Philadelphia Police tell NBC10.

    Watch US News crime videos on msnbc.com

    Cherry, 50, was arraigned Wednesday on murder and weapons charges, according to court papers.

    She is set to have a preliminary hearing next month.

    The relationship between Mcewan and Cherry isn’t clear nor is it clear if they lived in the same unit at Parker Place. Philadelphia Police didn't tell NBC10 if they have a motive for the alleged crime.

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  • Feds move to help out underwater military homeowners

    Federal regulators on Thursday moved to protect underwater homeowners in the military from financial ruin when they move from one base to another.

    New guidance warns mortgage servicers that federal agencies will crack down on unfair, abusive or deceptive practices on military members who have received Permanent Change of Station (PCS) orders.

    Among the practices of concern are failing to give service members accurate information on federal mortgage assistance programs, urging them to waive special protections or advising customers to skip payments in order to get help.


    In a corresponding move, the Federal Housing Finance Agency announced the service members being transferred will be automatically approved to sell their home at market rates even if it is lower than their mortgage amount – a move called a short sale.

    About one-third of active duty service members are ordered to move each year. And, according to the Department of Defense, 70 percent of the 1.2 million active duty service members do not live in military housing -- with an estimated 185,000 owning their own homes.

    In some cases, service members required to move have faced forcelosure, or had to leave families in the old home.

    Many of those families live in California, Nevada, Texas, Florida and other areas hardest hit by the real estate market collapse, Holly Petraeus, who oversees service member affairs at the Consumer Financial Protection Bureau, told msnbc.com.

    “I hope that it’s reassuring for them to know that someone is looking out for them,” Petraeus, said. "I hope that when they have those questions when they get their orders that they will be able to go to their servicer and get an answer to their questions -- and get them in a timely manner.”

    The guidance calls for the mortgage servicers to train employees about all options for homeowners with PCS orders, and compels them to comply with all existing laws or face additional scrutiny and perhaps referral to law enforcement.

    The Federal Reserve, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National Credit Union Administration and the Office of Comptroller of the Currency issued the guidance.

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  • Dozens go to hospital after chemical problem at public pool

    INDIANAPOLIS -- Dozens of people at a crowded public swimming pool were sickened Thursday by an excessive amount of a water-purifying chemical in the pool, authorities said. 

    The Garfield Aquatics Center was evacuated after a reported chemical spill. 

    The chlorine-based purifying chemical, called "Magic Acid," caused nausea, coughing and watery eyes among the swimmers, many of them children, and 71 people were taken to hospitals, Todd Harper of the Indianapolis Emergency Services said. 

    Twenty-one were taken by ambulance and another 50 by bus, NBC station WTHR reported. 


    All were listed in fair condition, and none of the injuries were considered life-threatening, he said.

    It's believed the chemicals were dumped into the water around 2 p.m. 

    Marc Lotter, a spokesman for the mayor's office, said the incident was caused by a chemical imbalance in the pool. WTHR reported it's believed that a muriatic acid product reacted with a chlorine-like substance to treat the pool. Officials are investigating whether or not a worker mixed the chemicals incorrectly.

    The incident closed the center for the rest of the day.

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  • Chowchilla school bus kidnapper released after more than 35 years in prison

    Reuters

    Richard Allen Schoenfeld, 57, is pictured in this booking photo dated Jan. 12, 2012.

    A convicted kidnapper who took 26 schoolchildren and their bus driver in Chowchilla 36 years ago was released from prison Wednesday evening, NBC Bay Area has learned.

    Richard Allen Schoenfeld, who hailed from a wealthy family in Atherton, was released to an undisclosed location late Wednesday, according to state prison officials.

    Schoenfeld will be monitored 24 hours a day through the use of a GPS monitoring device, according to prison officials.


    Schoenfeld, his brother, James Schoenfeld, and Frederick Woods kidnapped 26 children and their bus driver on July 15, 1976, buried them alive in a rock quarry in Livermore and then planned to demand a $5 million ranson. With the help of the bus driver, the victims miraculously escaped.

    Read NBCBayArea.com's story on Richard Allen Schoenfeld's release from prison

    In March, the First District Court ruled that California's Board of Parolee Hearings improperly calculated Schoenfeld's release date after determining in 2008 that he could be safely paroled.

    James Schoenfeld and Woods never have been found suitable for parole by the state board.

    Laws in effect in 1977 when the three pleaded guilty made Richard Schoenfeld eligible for parole after only six months, but like the others, his parole was routinely denied, largely because of the seriousness of his crimes.

    There have been a series of significant dates in Schoenfeld's legal case:

    • In 2008, the parole board ruled that Schoenfeld "would not pose an unreasonable risk of danger to society or a threat to public safety if released from prison."
    • In August 2009, a second panel decided against granting parole to Schoenfeld, saying that a third panel should consider whether granting parole would be "improvident."
    • On April 5, 2011, the third panel held its hearing on the matter at the California Men's Colony in San Luis Obispo, where all three kidnappers were being held, and it ruled that parole would be appropriate for Schoenfeld. But the panel said that based on its calculations Schoenfeld should not be released until November 2021.

    However, the First District Court of Appeal said the parole panel "erred" because it violated its own rules and lacked authority to increase Schoenfeld's sentence after finding him suitable for parole.

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  • Special ops commander relieved of duty after Osprey crash in Florida

    /

    Crew walk to the U.S. Air Force CV-22 Osprey tiltrotor aircraft at MacDill AFB in Tampa Florida in 2008.

    The Air Force has fired the commander of a special operations squadron a week after a CV-22 Osprey tilt-rotor aircraft in his unit crashed in Florida, NBC News confirmed on Thursday.

    Lt. Col. Matt Glover, who commanded the 8th Special Operations Squadron based at Hurlburt Field in Florida, was relieved from his duties because of a loss of confidence, a military official told NBC News.


    The Osprey, designed to take off and land like a helicopter and fly like a twin turboprop airplane, crashed on a training mission north of Navarre, Fla., on June 13 in a 750-square mile military training area called the Elgin Range. Five crew members were hospitalized with injuries.

    On Wednesday, two of the airmen injured in the crash remained in the hospital with non-life threatening injuries, the Air Force reported. Officials are investigating.

    This crash, along with a fatal MV-22 crash in Morocco in April, have raised new safety concerns among Japanese leaders and citizens ahead of an expected deployment of MV-22 Ospreys to Japan, NBC News reported. The MV-22 is the Marine Corps' version of the same aircraft.

    Two Marines were killed in that crash and two more were more seriously wounded. The investigation determined that the crash was not a result of mechanical failure.

    In an attempt to assuage safety concerns, several senior U.S. military officials at the Pentagon on Friday will brief a Japanese delegation on the preliminary results of the investigation into the June crash, NBC News reported.

    The CV-22 Osprey’s mission is to conduct long-range infiltration, extraction and resupply missions for special operations forces, according to the U.S. Air Force web site.

    The Air Force version is filled with sophisticated technology, including a missile defense system, terrain-following radar, a forward-looking infrared sensor and other electronic gear that enable it to avoid detection and defend itself on special operations missions over enemy territory, the Associated Press reported.

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  • 5-year-old girl detained in Arizona illegal immigration raid was from El Salvador

    A girl detained in a raid of a group of suspected illegal immigrants in Maricopa County, Ariz., last week is a 5-year-old who left El Salvador to try to reach relatives in California, NBC News has learned.

    The girl was traveling with strangers as part of a smuggling group, according to the Maricopa County Sheriff’s Office. Agents say none of the 15 adults caught with her in a van knew who she was, or where her parents might be. 


    The group was arrested Friday night at an undisclosed location in northern Maricopa County.

    "It was part of a human-smuggling investigation that we've been investigating throughout the Valley," sheriff’s spokesman Chris Hegstrom told azcentral.com.

    The girl was turned over to U.S. Immigration and Customs Enforcement, which said it transferred her to the custody of the U.S. Department of Health and Human Service’s Office of Refugee Resettlement.

    The girl's first name is Rosa and she is now in the care of a faith-based social-service organization, Health and Human Services sources told NBC News on Thursday. 

    Most of the other suspected illegal immigrants, who claimed to be from Mexico, were booked into jail, the Sheriff’s Office said. They were on their way to destinations in to New York, New Jersey, Kansas, Texas, California, Connecticut and Kentucky and told authorities they paid between $300 and $3,500 to be smuggled across the border, KPHO-TV reported.

    "We enforce the human-smuggling laws here," said Sheriff Joe Arpaio, the no-nonsense lawman known for his get-tough efforts to combat illegal immigration. "Every chance I can get to take action on my own without turning them over to ICE, I do. Especially with the new policy the president has," he was quoted as saying by azcentral.com.

    President Obama announced a new policy that will allow some illegal immigrants who came to the U.S. as children to remain in the country and to obtain work permits. NBC's Pete Williams reports.

    Three men in the arrested group were turned over to ICE and deported to Mexico, ICE officials in Arizona said.

    It’s not uncommon for unaccompanied children to be found among groups of illegal aliens crossing the Arizona border from Mexico.

    ICE officials in Phoenix said they referred have referred more than 1,600 unaccompanied alien juveniles to Health and Human Services this fiscal year for placement in juvenile shelters.

    The arrests announced by Arpaio’s office came after President Barack Obama introduced a policy that halts the deportation of some young people brought to the United States illegally by their parents.

    Under the new guidelines, illegal immigrants younger than age 30 can apply to stay provided they were younger than 16 when they arrived in the U.S., have lived here for at least five years and have no criminal record. They also must be students, a high-school graduate, have a GED diploma or have been honorably discharged from the military or Coast Guard.

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  • Activist churches bait IRS, but agency won't bite so far

    Handout via Reuters

    Pastor Jim Garlow Garlow not only intends to break IRS rules for political endorsements by religious organizations, he also plans to spend the next four months recruiting other pastors to do the same.

     Pastor Jim Garlow will stand before congregants at his 2,000-seat Skyline Wesleyan Church in La Mesa, California, on Sunday, October 7, just weeks before the U.S. presidential and congressional elections, and urge his flock to vote for or against particular candidates.

    He knows such pulpit pleading could endanger his church's tax-exempt status by violating IRS rules for a 501(c)(3) charitable organization. A charity can take a position on policy issues but cannot act "on behalf of (or in opposition to) any candidate for public office." To cross that line puts the $7 million mega-church's tax break at risk.

    Even so, Garlow not only intends to break the rules, he also plans to spend the next four months recruiting other pastors to do the same as part of Pulpit Freedom Sunday. On that day each year since 2008, ministers intentionally try to provoke the IRS. Some even send DVD recordings of their sermons to the agency.

    Last year, 539 pastors participated. This year organizers expect far more. Participants want to force the matter to court as a freedom of speech and religion issue.

    "I believe we're on the early stages of the next great awakening," Garlow told his congregation last year. "We're going to see it just sweep across this nation."

    The situation is fraught with peril for the IRS, which needs to be seen as apolitical. When it cracks down on political activities proscribed by the 501(c)(3) regulations, it is inevitably branded as partisan.

    When the target is a church, mosque or synagogue, enforcement puts two fundamental American values at odds: freedom of speech and the separation of church and state. Although the agency has enforced the tax-exemption rules against churches in the past, it has so far ignored the provocations of Freedom Sunday.

    The IRS has also been silent about the increasingly aggressive political activity of the U.S. Catholic bishops, who have called for their own Fortnight for Freedom this week. Masses, rallies, and parish bulletins are being mobilized against the Obama administration's healthcare regulations on contraceptives.

    The result of agency inaction, according to tax experts and former IRS staffers, will be a lot more electioneering by leaders of the faithful, in local races as well as national, and to the benefit of Democrats as well as Republicans.

    "It will get worse unless the IRS takes action, and they seem reluctant," said Nicholas Cafardi, dean emeritus and professor of law at Duquesne University and the longtime lawyer for the Catholic diocese of Pittsburgh.

    Cafardi called the current state of affairs "toxic" in its mingling of the two worlds. Many religious leaders do not support the trend toward more political involvement by organized religion and worry it will undercut their moral authority.

    The money involved is enormous. Combined, federal tax breaks on donations to churches and exemptions from state and local property taxes likely add up to something on the order of $25 billion in lost revenue each year.

    Last year churches received $96 billion in tax-free contributions, according to estimates compiled by the Center on Philanthropy at Indiana University.

    Unlike other types of charities, churches do not have to file financial statements with the government. There are only rough estimates of church endowment or investment income, which is also tax-free and believed to be larger than annual contributions.

    Using tax data from the U.S. Congress's Joint Committee on Taxation and data on giving to churches from the Indiana Center, a Reuters analysis found that tax breaks on church giving shaved $12 billion or so from total U.S. tax collections in 2011 and approximately $145 billion over the last decade.

    The property tax break is probably even bigger. In their 2011 book "Politics, Taxes, and the Pulpit," law professors Nina Crimm and Laurence Winer calculated that houses of worship received $12.7 billion in property tax exemptions on $685 billion of property in 2006, a figure large enough to have played a role in city and state budget deficits of recent years.

    In big cities the numbers can be dramatic. New York City's 9,500 churches, synagogues, and mosques, for example, will avoid $626.9 million in property taxes this year thanks to their tax-free status, according to the city's Independent Budget Office.

    Like most of California, La Mesa, where Garlow's Skyline Church is located, has suffered a steep drop in property tax collections, forcing municipal staff cuts and a sales tax increase.

    Skyline's campus, which is assessed at $7.3 million and cost a reported $27 million to build, is almost entirely tax-exempt, according to the county assessor's office.

    The IRS has not always been quiet. In 1992 it went after the Church at Pierce Creek in Binghamton, New York, which had bought full-page newspaper ads opposing then-Democratic presidential nominee Bill Clinton.

    The church lost its IRS tax-exempt status but continued operating, changing its name to Landmark Church when it moved into central Binghamton several years ago.

    Pastor Dan Little said the church never lost its property tax break. At the end of the year, Landmark gives people a record of their giving just like other churches, he said, leaving it up to them and their accountants to decide tax matters. "We just never have made any big issue of it," said Little, who continues to preach about politics and morals.

    In 2004 the IRS created a dedicated enforcement program focused on political activity by churches and other nonprofits.

    Called the Political Activities Compliance Initiative (PACI), it investigated in the 2004, 2006 and 2008 election cycles 80 instances where church officials were alleged to have endorsed a candidate during services.

    According to IRS tallies made public after each election, the majority of the PACI complaints were upheld and settled with a warning that the organization comply with the ban on political activity.

    The IRS did not respond to Reuters questions about its enforcement activities in recent years, or explain why they seem to have ended abruptly in 2009.

    IRS church audits seem to have halted entirely in January 2009. That was when Living Word Christian Center in Brooklyn Park, Minnesota, successfully appealed an IRS audit. In question were an endorsement of Republican Michele Bachmann for Congress by pastor James Hammond and financial deals that may have benefited him personally, a violation of IRS rules.

    IRS audits of churches must comply with strict rules designed to prevent undue governmental pressure. One is that a high-level IRS or Treasury Department official must authorize the audit. In the Living Word case, the U.S. District Court in Minnesota ruled that the IRS staffer who authorized the audit did not qualify.

    In July of that year, Minnesota's Warroad Community Church was told by an IRS official that it was closing its 2008 examination of the church "because of a pending issue regarding the procedure used to initiate the inquiry." (Reuters obtained a copy of the letter from the Alliance Defense Fund, which was representing Warroad in the audit.)

    Other churches that had been under IRS review received comparable letters, according to their lawyers.

    The IRS stopped publishing the results of its PACI initiative. Three years later the IRS has yet to come up with a new set of church audit rules, making it impossible, experts say, for the agency to pursue such examinations.

    Former staff insist that being seen as weak on enforcement of the law would be more damaging to the IRS than any allegation of partisanship would be.

    Still, tight budget may have made it easy to put off tackling 501(c)(3) disputes. Others argued the agency may worry it could lose a court case over revocation on constitutional grounds, and that by avoiding such a test they may preserve the deterrent power of having the law on the books.

    Whatever the reason, IRS inaction has effectively thwarted the evangelicals' efforts to force the matter in court.

    At the United States Conference of Catholic Bishops meeting last week in Atlanta, bishops vowed to keep up their criticism of Obama administration policies on employer-provided birth control and other controversies.

    "The first principle is that American citizens don't lose their freedom of religion or their freedom of expression when they become bishops," said Cardinal Francis George of Chicago.

    As to what is and is not acceptable to say about candidates for office, "the guidelines are broader than some may interpret them," George told Reuters at the conference. In follow-up email correspondence, he declined to say whether he thought the IRS rules constrained free speech or whether he would be willing to forgo the church's tax exemption so clerics could speak out without restriction.

    The meeting offered no public discussion of an April sermon by Illinois Bishop Daniel Jenky that has been vigorously debated in the local and the religious press and which many think violated the prohibition against opposing a candidate for office. The sermon has drawn a request for an IRS investigation by a watchdog group.

    After asserting that Obama, "with his radical, pro-abortion and extreme secularist agenda" seemed to be on an anti-Catholic path similar to Hitler and Stalin, Jenky exhorted all Catholics to "vote their Catholic consciences" this fall.

    Do the people in congregations follow such instructions? Only 18 percent of those polled by the Pew Research Center in January said the endorsement of a candidate by their minister, priest or rabbi would sway their vote. Seventy percent said it would make no difference.

    A second Pew study this spring found that most parishioners would prefer their religious leaders steer clear of electioneering, with Catholics among the most adamant.

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  • Brooklyn boy: I was blinded in one eye after school attack at middle school

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

    NEW YORK -- A Brooklyn teenager was blinded in one eye after being assaulted by bullies who shouted anti-gay epithets during an attack at his middle school, his family says. 

    Kardin Ulysse, 14, has undergone two surgeries on his right eye since the June 5 attack in the cafeteria at Roy H. Mann Junior High School in Bergen Beach, his family said.

    "I can't see from my right eye," Ulysse during a news conference on Tuesday. "I can't see from it at all." 


    Ulysse now wears a bandage over his right eye. Doctors have said they are not sure if the blindness occurred as a result of the punches or by shards of glass from his eyeglasses.

    "They were beating him, kicking him, punching him in the face many, many times," Ulysse's father, Pierre Ulysse, said. 

    Read NBCNewYork.com's story on Brooklyn boy's account of school attack

    New York City Department of Education spokeswoman Margie Feinberg said in a statement that the boy's beating was "taken very seriously," noting that two students were arrested.

    "The matter is under investigation," Feinberg added.

    The eighth-grader says he was beaten up by a pair of seventh-graders who shouted insults and slurs at him, including "transvestite" and "gay," according to a report released by the Department of Education.

    Watch US News videos on msnbc.com

    One classmate pinned Ulysse down while the other punched him repeatedly, according to the boy. The fight continued in the cafeteria until it was broken up by school safety officers and school aides, Ulysse said. 

    The Ulysse family has filed a lawsuit against the New York City Department of Education, seeking $16 million for failing to properly supervise the students. Their lawyer said the school report was evidence that the attack was unprovoked. 

    "This should not have happened in this school," said Sanford Rubenstein, the family's attorney in Brooklyn. "This should not have happened in this school system." 

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  • Documentary film 'The Invisible War' takes on military sexual assault 'epidemic'

    Director Kirby Dick and producer Amy Ziering share details from their documentary, "The Invisible War," which looks into the thousands of rapes and sexual assaults in the military. Wes Moore joins the Morning Joe panel to continue the conversation.

    In “The Invisible War,” a new documentary on sexual assault in the military, service people repeatedly share a version of the same story. Subject after subject describes a harrowing assault, the intimidation and retaliation that often followed, and the failure of an institution to hold perpetrators accountable for their crimes.

    “It was uncanny, chilling and disturbing,” Amy Ziering, a producer for the film, told msnbc.com. “I would do interview after interview and these women who never met each other and served in different branches would tell almost identical stories.”

    Last year, 3,192 sexual assaults, from unwanted sexual touching to rape, were reported across all branches of the military. Based on anonymous surveys of active-duty service members conducted in 2010, however, the Department of Defense says the number of incidents was closer to 19,000.


    Women aren't the only ones affected. Of the 65,000 veterans who sought treatment in 2009 for conditions related to military sexual trauma, a term that also includes sexual harassment, 40 percent were men.

    “The Invisible War” opens on Friday in theaters in New York, Washington, D.C., Los Angeles and San Francisco in the wake of significant changes to the way the military investigates and handles allegations of sexual assault.

    In the past six months, new policies have given victims the right to quickly transfer out of a unit and have access to advocates who will explain the prosecution process. Cases will soon be handled by higher-ranking officers and the Department of Defense has proposed creating special victims units staffed with trained legal personnel.

    Critics are encouraged by these policies, but say more needs to be done to deter sexual assault and transform the culture of intimidation and retaliation. 

    The women, and men, in “The Invisible War,” appear as casualties of that culture.

    Kori Cioca, who served in the Coast Guard, said that her chain of command threatened to court-martial her after she reported being raped by a commanding officer in December 2005. The charge, she was told, would be for lying. The officer admitted the attack, but denied the rape. His punishment was 30 days of base restriction and loss of pay. The attack left Cioca with a broken jaw, nerve damage to her face and post-traumatic stress disorder.

    Ariana Klay, a first lieutenant in the Marine Corps who served in Iraq, said she was raped by a senior officer and his civilian friend in August 2010. After reporting the assaults, Klay said the subsequent harassment and retaliation led her to attempt suicide. When the Marine Corps investigated her case, Klay was told she had invited harassment by wearing make-up and regulation-length skirts. One of Klay's attackers was court-martialed, but convicted of adultery and indecent language -- not rape.  

    Trina McDonald, a seaman stationed at a remote naval station in Alaska, said she was repeatedly raped and drugged by members of the military police beginning in 1989. She did not report the assaults since those that were involved in the rapes, including higher-ranking officers, were the individuals to whom she would have reported.

    'Inherent conflict of interest'
    In April, Secretary of Defense Leon Panetta tried to end that dynamic by issuing a directive that the decision to pursue prosecution be handled by a colonel or officer of equivalent rank, a move military officials hope will provide greater accountability.

    Previously, a service member’s local unit commander would evaluate the charges and determine whether to pursue disciplinary action -- a system that led to limited prosecutions. Of the 3,192 reports in 2011, only cases on 1,518 subjects were brought forward for disciplinary review last year.

    Anu Bhagwati, executive director of the human rights organization Service Women's Action Network and a former captain in the Marine Corps, said that the reluctance of unit commanders to investigate claims is not always based on “malicious attitudes.” Instead, “sometimes there’s just sort of like this misplaced benevolence.” The accused, for example, might have a family and lifelong career, both of which a commander is loath to endanger when it might be difficult to prove an assault. “But what about the victim?” Bhagwati said. “Who’s protecting her?”

    Rep. Niki Tsongas, D-Mass, a member of the House Armed Services Committee who has sponsored legislation expanding legal protections for sexual assault victims, told msnbc.com that the move to make high-ranking officers responsible for investigations is an important first step. Without an increase in successful prosecutions, though, Tsongas remains unconvinced that the chain of command should keep its power to determine whether cases are investigated. 

    Critics, including the filmmakers of “The Invisible War,” believe that the decision to investigate and prosecute must lie completely outside of the chain of command, citing that a colonel may still know or have friendships with the perpetrator or his commander.

    “You don’t want to have an inherent conflict of interest where you’re trying to determine if rape occurred,” said Susan Burke, a Washington, D.C., lawyer who has filed a suit on behalf of some of the women who appear in the documentary. Burke would prefer if the decision to shut down rape and sexual assault investigations was made outside of the military by the civilian justice system, or if the chain of command were entirely removed from the process.

    Burke’s firm has interviewed more than 400 service members and represents 48 plaintiffs in three different complaints that seek to give service members the right to sue the military for civil damages related to sexual assault.

    A 1950 Supreme Court decision prevents service members from bringing torts against the U.S. for injuries sustained during duty, a doctrine Burke said is outdated and was never intended to apply to something like sexual assault. If lawsuits were permitted, Burke believes that would create an institutional deterrent that would ameliorate the underreporting and under-prosecuting of cases.

    Even with such recourse, changing the culture around sexual assault in the military will require multiple fronts. “It’s going to have to come from a lot of directions at once,” Tsongas said. “It can't just be from top down or bottom up.”

    'We owe it to the public'
    “The Invisible War” is critical of the military for not doing more to transform that dynamic sooner, focusing in particular on the Department of Defense's Sexual Assault Prevention and Response Office (SAPRO). That unit is charged with overseeing the department's sexual assault policy and providing training and victim-assistance programs.

    Until last year, SAPRO's director was a civilian, which critics felt was indicative of the military's lack of urgency around dealing with sexual assault.

    Some have criticized the program's training material as too focused on the victim taking responsibility for preventive actions. In the film, a clip from a sexual assault prevention training video portrays a scenario in which a woman is reminded to go out at night with a buddy.

    “I was disappointed that film did not accurately portray what SAPRO has done in the past 12 to 18 months,” said Major General Mary Kay Hertog, who was appointed as director in 2011.

    Hertog, who called the film “gut-wrenching,” said the office had worked intensely on implementing the new policies, expediting transfers for victims, expanding legal assistance through trained advocates, and developing a standard for document retention so victims can make records available to Veterans Affairs for claims related to an assault.

    By October 13, sexual assault response coordinators, which act as a single point of contact for victims, will be credentialed specifically in victim assistance. She said the office was reviewing training materials across the services in order to determine a gold standard. “The training we do is not victim-blaming whatsoever,” she said.

    Hertog, who is retiring this month, said she is confident her successor, Major General Gary Patton, will be aggressive in implementing new policies.

    The Department of Defense, she said, is committed to investigating perpetrators and removing them from the military: “We owe it to the public to protect their children.”

    Rebecca Ruiz is a reporter at msnbc.com and a 2011-2012 Rosalynn Carter Mental Health Journalism Fellow. Follow her on Twitter here.

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  • Police: Attorney couple plants drugs on PTA leader in dispute over their son

    Police say Kent and Jill Easter's belief that their son wasn't being properly supervised at school led them to plant drugs on the PTA president.

    A California couple unhappy with the PTA president at their son's elementary school took an unusual approach to rectify their problem, police say.

    Kent and Jill Easter, both 38 and attorneys, were arrested Tuesday in Irvine after being accused of planting drugs in the car of Plaza Vista School PTA president Kelli Peters because they believed she was not properly supervising their son, the Los Angeles Times reported.

    Both are charged with one felony count of conspiracy to procure false arrest and charging, false imprisonment, and conspiracy to report a false crime.


    Irvine police said Kent Easter drove to Peters' home in February and planted a bag of marijuana, along with a pipe and prescription pills in the backseat of her unlocked car.

    He then called police under a false name a little while later and said that the woman had been driving erratically near their son's school and claimed to see her put the drugs in the car's backseat.

    Police arrived at the school and saw the drugs in plain view inside the car, and then contacted Peters, who was inside. After consenting to a search of her car, she said the drugs weren't hers and denied knowing where they came from.

    After detaining her for two hours, police determined she was in a classroom at the time the call was made to police.

    Peters then consented to a search of her home. 

    Investigators saw nothing in the home to support drug use or possession, so they began investigating whether the drugs had been planted. 

    After further investigation, police said, they determined that Easter made the call from a hotel near where he worked and was recorded on the hotel video surveillance system.

    Watch US News crime videos on msnbc.com

    They say Easter was in constant contact with his wife during the incident. 

    The incident goes back to 2010 when Easter filed a civil complaint with the Orange County Superior Court alleging that his son, who was in first grade at the time, was in an after-school tennis program when Peters locked him out of the school for 19 minutes, the Times reported. 

    The newspaper reported that when Jill Easter asked why Peters locked the child out, Peters said that he took too long to line up with the other children and it was too hard to wait for him. 

    The paper reported that a tennis instructor found the child crying and trying to open the door to the building. 

    Jill Easter then filed a restraining order against Peters alleging that she was harassing Easter's son and had threatened her, the Times reported. The civil case was dismissed and the request for the restraining order was denied. 

    Kent Easter is a member of the state bar association and Jill Easter was admitted in 1998, but her license has expired. 

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  • Analysis: Sandusky's attorney makes strong comeback in closing argument

    ANALYSIS

    BELLEFONTE, Pa. — If you hadn't seen the evidence and were to be plopped in the jury box of the Sandusky trial for only the closing arguments, you would have to return a verdict for the defense.

    Wes OliverWes Oliver is a professor at Widener University who teaches criminal law and procedure. This fall he will join the faculty of the Duquesne University School of Law as a professor and director of the school's criminal justice program.

    In Pennsylvania, the defense goes first. Even though the defense managed to score only modest points during the course of the trial, you couldn't tell it from the closing argument. Joe Amendola told a story about how one of the accusers prompted a perfect storm of investigators coaching alleged victims who were motivated by civil suits.

    The first alleged victim, Amendola told the jury, reported to his teacher that Sandusky fondled him outside his clothes. This young man, however, admitted that he wanted to get out of going with Sandusky to spend time with his friends.

    When the matter was reported to Children and Youth Services, investigators told the alleged victim that they thought more had happened than the young man was willing to report. Amendola told the jury that once investigators got a more incriminating story from this alleged victim, they began looking for other young men. Investigators then told the other young men that there were other victims out there who had reported an escalating pattern of touching culminating in oral sex, his argument continued.


    It didn't hurt Amendola's argument that state troopers denied during the trial that they coached the alleged victims, only to have this revealed to be a falsehood in documents and recordings turned over to the defense during discovery.

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    Amendola maintained the theme he presented from the beginning:  Those who cooperated with the police and who testified in this proceeding were coached and can now see a financial payoff.

    The prosecution should have had an easy response. There were eight alleged victims. Could so many people fall under the spell of police coaching? There were two independent witnesses, Mike McQueary and the janitor whose colleague claimed to have seen Sandusky performing oral sex on a young boy. Finally, there were Sandusky's own words in the Bob Costas interview and in love letters he apparently wrote to one of the victims, copies of which he kept in his Penn State office.

    But the prosecution didn't start with that story in its closing. Joe McGettigan spent the first 35 minutes of his hourlong closing addressing the defense's closing statement. He was well into his argument before he even began to talk about the heart of the case.

    McGettigan spent two or three minutes explaining how leading questions are permitted on cross-examination. He explained that some of his witnesses may not have performed so well because they were nervous or tired because they had to testify at the end of the day.  He did all of this before he even began summarize the very powerful evidence that had been presented in the case.

    When he finally got around to talking about the facts of the case he had very effectively presented, the bulk of his argument was over, and he spoke in a very summary fashion about the pattern of the predatory pedophile he believed Sandusky to be. He observed that later alleged victims described more serious conduct than others but didn't describe the testimony that made them so credible. He didn't observe that all but one alleged victim described Sandusky's earliest inappropriate touches as a hand on the knee or thigh in a car headed for Sandusky's house.

    Perhaps most significantly, he didn't reintroduce the jury to some of the compelling evidence in the case — the letters in Sandusky's own hand to one of the victims or the bizarre contract for one victim to spend time with Sandusky.

    McGettigan was on the defensive during this entire closing. He even spent time defending McQueary's performance on the stand. By all accounts, the defense didn't dent McQueary's testimony at all. Yet McGettigan explained that while the defense made McQueary out to be confused or a liar, he was an honest witness who didn't act as he should have the night he found Sandusky in the shower that night in 2001 with a young boy.

    If there is any doubt in the jury's mind about McQueary's testimony at this point, it is only because McGettigan put it there in closing. 

    McGettigan seemed disorganized throughout this presentation.  Shortly before he closed, he said to the jury that he thought he was done but needed to check his notes. He did so and then decided to close the argument with a dramatic moment. He walked behind Sandusky and pointed at him as he made his final points. There were a variety of opinions on the effectiveness of this tactic, but Sandusky turned, looked him in the eye and then looked at the jury.

    The defense theory of the case is somewhat implausible, but Amendola presented his theory in a very coherent and believable fashion that accounted for all the evidence. In spending most of his time addressing Amendola's theory, the prosecutor may have telegraphed to the jury that the defense presented a reasonable interpretation of the facts.

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  • University of Virginia board to meet to address reinstatement of president

    Updated at 5:42 p.m. ET: The Associated Press reports the University of Virginia Board of Visitors says it will discuss possibly reinstating its ousted president Teresa Sullivan.

    The board on Thursday sent an email notice that it will meet Tuesday afternoon "to discuss possible changes in the terms of employment of the President," according to the AP.

    The University of Virginia is in turmoil over the governing board’s ouster of Sullivan, with even the new interim president saying he disagreed with the decision and the Faculty Senate pushing hard to get her reinstated.

    Board Secretary Susan Harris said board members A. Macdonald Caputo, Hunter E. Craig and Timothy B. Robertson called for the special session. She said that the full board would vote on whether to undo its demand that Sullivan resign.

    The Board of Visitors stunned university staff and students on June 10 by announcing in a university-wide email that they accepted Sullivan’s resignation, effective Aug. 15. Sullivan, the first woman to hold the post, was in the middle of a five-year contract.

    The ouster of Sullivan, who took the job in January 2010 and was popular on campus, ignited a furor at Virginia's flagship university, founded by Thomas Jefferson in 1819.


    On Monday, the board moved to name McIntyre School of Commerce Dean Carl Zeithaml as interim president.

    Zeithaml said he agreed to take the interim post because he wanted to move the university in a "very positive way" but “did not agree with the decision to remove” Sullivan.

    “We have had a major problem and it is an issue that needs to be addressed and resolved at multiple levels,” said Zeithaml, the longtime dean of the McIntire School of Commerce. He spoke with faculty and reporters during a press conference on Wednesday.

    “I view my responsibility as starting to work with my colleagues, students and friends to develop an agenda that can take us forward,” Zeithaml said. He will assume the position effective Aug. 16.

    The Board of Visitors serves as the corporate board for the University of Virginia, and its 16 members are responsible for long-term planning for the university. Members are appointed by the governor to serve terms of four years, according to the university.

    Board of Visitors Rector Helen Dragas, in a press conference with Vice Rector Mark Kington on June 10, called Sullivan’s resignation a “difficult decision that was mutually reached by President Sullivan and the Board of Visitors.”

    Dragas, who is head of the board, cited a “philosophical difference” between Sullivan and the governing board about the “vision of the future of the university.” Kington stood by Dragas’ side and did not say a word during the public address. (The Washington Post has a profile of Dragas, posted Thursday.

    The board said it had discussions over the past year with Sullivan about developing and acting on a "clear and concrete strategic vision."

    Read the full text of the email sent by Dragas on NBCWashington.com

    The Washington Post reported that the board believed Sullivan was unwilling to consider big program cuts and reluctant “to approach the school with the bottom-line mentality of a corporate chief executive.”

    Here’s the Post’s take on the source of the friction between Dragas and Sullivan:

    Dragas had reservations about Sullivan from the start, the sources said. By the time she took the reins as rector, Dragas was becoming convinced that Sullivan would not make the hard spending decisions necessary to keep U-Va. competitive in a volatile higher education marketplace. In conversations before and since the ouster, Dragas has portrayed Sullivan as an adequate day-to-day caretaker but someone incapable of long-term vision.

    On Monday during a rally on campus supporting her, Sullivan defended her performance and leadership approach, saying, "Corporate-style, top-down leadership does not work in a great university. Sustained change with buy-in does work,” according to NBCWashington.com.

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

    Sullivan refused reporter questions and left the university through a gantlet of cheering -- and some tearful – supporters, NBCWashington.com reported.

    “I want to thank you for what you do and for making this such a great university,” Sullivan said. “At the end of the day, that’s the most important thing. University of Virginia must remain a great university.”

    Read full text of Sullivan’s statement (pdf.) provided by NBCWashington.com

    Sullivan was elected to her position in January 2010, having previously served as the provost and executive vice president for academic affairs at the University of Michigan, according to NBCWashington.com.

    More resignations follow
    The University of Virginia's Faculty Senate and other groups called for Kington and Dragas to step down as they severely criticized the board's handling of Sullivan's removal. 

    On Monday, Kington said in a letter to Gov. Bob McDonnell that he was stepping down immediately as vice rector and also would quit the board, nearly two years before the end of his term.

    "I believe that this is the right thing to do and I hope that it will begin a needed healing process at the university," Kington said in the letter. A call to Kington's office in Alexandria on Wednesday wasn't immediately returned.

    Last week, 33 department chairs and program directors signed a letter protesting the resignation, Reuters reported. They described Sullivan, the university's first female president, as "an extraordinary academic leader, with superb administrative abilities, the heart of a faculty member, and evident strength of character," according to Reuters.

    Computer science professor William A. Wulf said he was among those leaving the university, effective immediately, to show his support of Sullivan.

    "I want no part of this ongoing fiasco," Wulf said.

    Wulf and his wife, University of Virginia computer science professor Anita Jones, hold the prestigious university professor designation, which only a handful of university faculty members hold.

    A board "that so poorly understands U.Va., and academic culture more generally, is going to make a lot more dumb decisions, so the University is headed for disaster, and I don't want to be any part of that," Wulf said in a letter Tuesday.

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  • Sandusky accuser details years of abuse: "He'd say he was trying to wrestle with me"

    By Anna Schecter
    Rock Center

    A 30-year-old Ohio man is the first accuser of former Penn State football Coach Jerry Sandusky to speak publicly about the sexual abuse he says he endured.

    Travis Weaver, in an exclusive interview broadcast Thursday on NBC's Rock Center, said Sandusky performed oral sex on him in the upstairs bedroom of the Sandusky home, right across the hall from Sandusky’s wife, Dottie.

    ROCK CENTER EXCLUSIVE

    Weaver said Dottie Sandusky never witnessed firsthand any of the abuse but he suspects she had an idea of what was going on.

    “How could you not know?” asked Weaver in the interview.

    The trial has grabbed headlines for the past two weeks. Though graphic details from the testimonies of eight of his accusers have been reported, none of the alleged victims of Sandusky has spoken publicly until now.

    Weaver has testified in front of a grand jury but was not called as a witness in the current trial. He said he is prepared to testify in the future if needed. He has spoken to both state and federal authorities.

    Sandusky is facing 48 charges relating to child sex abuse. He has maintained his innocence. Attorneys gave their closing arguments June 21. At the time of this publishing, no verdict had yet been reached.

    Weaver said he had never told anyone of the abuse and had buried the memories deep down. He says he thought he was the only victim until he saw reports that Sandusky had been arrested on charges of molesting other boys last fall.

    “I was shocked.  I couldn't believe he just kept doing it to all these other kids,” Weaver said.


    Weaver said he feels guilty about the young men who said they were abused after him.

    “I wish I would have said something to him.  I think if I had said something to him a lot of this stuff wouldn't 'a happened to all these other kids,” he said.

    His attorney, Jeff Anderson, has represented dozens of victims of sexual abuse, many of whom were abused by Catholic priests.

    “Speaking out is part of the process.  Travis is helping other children by telling his story. He is helping to protect other kids,” said Anderson.

    Weaver said he met Sandusky in 1992 at the Penn State outdoor swimming pool when he was ten years old.  He was there with his younger brother as part of a Second Mile summer camp.

    “It was like meeting my hero,” he said.

    The sexual abuse began to occur gradually, he said, and started in the Penn State locker room.

    “After the shower was over…he'd dry me off with a towel.  He'd say he was trying to wrestle with me....and then it progressed into oral sex,” he said.

    Weaver said Sandusky abused him more than 100 times in the Penn State locker room, at the Sandusky home, and even in a hotel in Pasadena, California where Weaver and the Sandusky family stayed while on a trip to the Rose Bowl. 

    “We went to a professional football game, and [Sandusky and I] left early and went back to the hotel.  And he performed oral sex on me in the hotel,” Weaver said.

    Dottie Sandusky testified in court that her husband is innocent. She said she never witnessed inappropriate contact between her husband and young boys.

    Weaver said that when he was 14, he moved away from the State College area to get away from Sandusky.

    Weaver has filed a civil suit against Sandusky, Penn State and the Second Mile, alleging that the institutions could have done more to stop the abuse.

    Sandusky’s attorneys could not be reached for immediate comment on this story.

    A spokesman for Penn State declined to comment on this story.  In November 2011, the university’s Board of Trustees issued a statement saying it was outraged by the horrifying details contained in the Grand Jury report, which included the testimonies of eight accusers, aged 18 to 28.

    “We cannot begin to express the combination of sorrow and anger that we feel about the allegations surrounding Jerry Sandusky. We hear those of you who feel betrayed and we want to assure all of you that the Board will take swift, decisive action,” the Board of Trustees said.

    The Second Mile charity declared bankruptcy after losing significant funding in the wake of the Sandusky scandal. Second Mile Acting CEO David Woodle said his organization is continuing to cooperate fully with the Attorney General's investigation and will adhere to its legal responsibilities throughout this process.

    The charity released a statement in November stating that to its knowledge, all the alleged incidents occurred outside of its programs and events.

    “Our highest priority always has been and will continue to be the safety and well-being of the children participating in our programs. We encourage program participants to report any allegations of abuse and/or inappropriate sexual activity wherever it has occurred, and we take any such reports directly to Child Protective Services. We have many policies and procedures designed to protect our participants, including employee and volunteer background checks, training and supervision of our activities,” the statement said.

    Rock Center's Nina Tyler contributed to this report.

    Editor's Note: Click here to watch Kate Snow's full report 'Speaking Out,' from NBC's Rock Center with Brian Williams.

     

  • Massive sinkhole swallows Florida home

    A growing sinkhole has opened under Florida home.

    A home in Hudson, Fla., along Florida's west coast, was ripped apart Wednesday after a massive sinkhole opened beneath it.

    No one was inside the house, belonging to 79-year-old Susan Minutillo, when it quietly crumbled to the ground, neighbors said.

    “You just look over there and the whole back end of the house just flipped right down into the hole,” neighbor Mike Richards told First Coast News in Jacksonville, Fla.

    Ironically, Minutillo was having her home evaluated for the risk of sinkholes when the ground opened up. As crews were surveying her property, she stepped out to run an errand, and by the time she got home, about half of her house was already in the ground, according to Pasco County Fire Rescue crews.

    A back bedroom, bathroom and sunroom were swallowed by the natural disaster, exposing the remaining parts of the house.

    The home is a total loss, they said.


    “She sort of laid her head on my shoulder and cried,” neighbor Dave Taylor told NBC affiliate WPTV in Tampa. “She took it pretty good considering her house had fallen through the ground.”

    Neighbors said Minutillo is a widow and was living in the house alone. She's now staying with family.

    City and utility crews immediately cordoned off her house, slapped condemned stickers on the front, removed the electric and gas hookups and warned people to stay clear.

    Authorities say the hole is about the size of a two-car garage, measuring 20 feet by 40 feet across – big enough to put neighboring homes in jeopardy. Neighbors were ordered to evacuate.

    Less than 10 feet from Minutillo’s home, Dave Taylor’s house has so far been unaffected by the sinkhole, but it could meet the same fate.

    “If that house is still standing tomorrow, I’m not going to worry about this one,” Taylor told FCN News. “If that goes down, I’m going to start sweating.”  

    “If that had happened at night time, it would have caved in and she would have been gone,” neighbor Mikey Delfreo told WPTV.

    Neighbors said about half of the properties in the Beacon Wood Estates neighborhood have dealt with sinkhole issues.

    Though relatively uncommon in the U.S., sinkholes occur most often Florida, Gerald Black, a geologist and vice president of Geohazards, Inc., an engineering firm specializing in geological evaluations in Gainesville, Fla., told msnbc.com.

    “Florida certainly has a unique topography, but sinkholes are a relatively rare natural phenomenon,” Black said. “But even if it does happen, it’s not like you’re going to be instantly swallowed up.”

    Black said sinkholes are common in Florida because the rock below the land surface is composed of limestone, calcium carbonate and other rocks that can be naturally dissolved by groundwater circulating through them. When the rock dissolves, spaces and caverns develop underground.

    This, Black said, can happen over time or quite suddenly like it did with Minutillo’s home, and a sinkhole forms.

    The weather may also have something to do with it, Black said, adding that Florida has recently received a lot of precipitation amid drought-like conditions, and the extra moisture has caused the rock to dissolve faster.  

    As many as 150 sinkholes are reported in Florida each year.  

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  • 680,000 wells hold waste across US -- with unknown risks

    Abrahm Lustgarten / ProPublica

    This class 2 brine disposal well in western Louisiana, near the Texas border, is among the 680,000 waste and injection wells across the U.S.

    Over the past several decades, U.S. industries have injected more than 30 trillion gallons of toxic liquid deep into the earth, using broad expanses of the nation's geology as an invisible dumping ground.


    Follow Open Channel on Twitter and Facebook.


    No company would be allowed to pour such dangerous chemicals into the rivers or onto the soil. But until recently, scientists and environmental officials have assumed that deep layers of rock beneath the earth would safely entomb the waste for millenia. 

    There are growing signs they were mistaken.


    Records from disparate corners of the United States show that wells drilled to bury this waste deep beneath the ground have repeatedly leaked, sending dangerous chemicals and waste gurgling to the surface or, on occasion, seeping into shallow aquifers that store a significant portion of the nation's drinking water.

    In 2010, contaminants from such a well bubbled up in a west Los Angeles dog park. Within the past three years, similar fountains of oil and gas drilling waste have appeared in Oklahoma and Louisiana. In South Florida, 20 of the nation's most stringently regulated disposal wells failed in the early 1990s, releasing partly treated sewage into aquifers that may one day be needed to supply Miami's drinking water.

    There are more than 680,000 underground waste and injection wells nationwide, more than 150,000 of which shoot industrial fluids thousands of feet below the surface. Scientists and federal regulators acknowledge they do not know how many of the sites are leaking.

    Federal officials and many geologists insist that the risks posed by all this dumping are minimal. Accidents are uncommon, they say, and groundwater reserves — from which most Americans get their drinking water — remain safe and far exceed any plausible threat posed by injecting toxic chemicals into the ground.

    But in interviews, several key experts acknowledged that the idea that injection is safe rests on science that has not kept pace with reality, and on oversight that doesn't always work.

    Boone Pickens, CEO of BP Capital Management,  and Rep. Tom Perriello talks about the future of natural gas in America and whether fracking is dangerous for the environment.

    "In 10 to 100 years we are going to find out that most of our groundwater is polluted," said Mario Salazar, an engineer who worked for 25 years as a technical expert with the EPA's underground injection program in Washington. "A lot of people are going to get sick, and a lot of people may die."

    The boom in oil and natural gas drilling is deepening the uncertainties, geologists acknowledge. Drilling produces copious amounts of waste, burdening regulators and demanding hundreds of additional disposal wells. Those wells — more holes punched in the ground — are changing the earth's geology, adding man-made fractures that allow water and waste to flow more freely.

    "There is no certainty at all in any of this, and whoever tells you the opposite is not telling you the truth,' said Stefan Finsterle, a leading hydrogeologist at Lawrence Berkeley National Laboratory who specializes in understanding the properties of rock layers and modeling how fluid flows through them. "You have changed the system with pressure and temperature and fracturing, so you don't know how it will behave."

    CNBC reports on fracking pros and cons

    A ProPublica review of well records, case histories and government summaries of more than 220,000 well inspections found that structural failures inside injection wells are routine. From late 2007 to late 2010, one well integrity violation was issued for every six deep injection wells examined — more than 17,000 violations nationally. More than 7,000 wells showed signs that their walls were leaking. Records also show wells are frequently operated in violation of safety regulations and under conditions that greatly increase the risk of fluid leakage and the threat of water contamination.

    Structurally, a disposal well is the same as an oil or gas well. Tubes of concrete and steel extend anywhere from a few hundred feet to two miles into the earth. At the bottom, the well opens into a natural rock formation. There is no container. Waste simply seeps out, filling tiny spaces left between the grains in the rock like the gaps between stacked marbles.

    CNBC reports on studies indicating a link between earthquakes and fracking.

    Many scientists and regulators say the alternatives to the injection process — burning waste, treating wastewater, recycling, or disposing of waste on the surface — are far more expensive or bring additional environmental risks.

    Subterranean waste disposal, they point out, is a cornerstone of the nation's economy, relied on by the pharmaceutical, agricultural and chemical industries. It's also critical to a future less dependent on foreign oil: Hydraulic fracturing, "clean coal" technologies, nuclear fuel production, and carbon storage (the keystone of the strategy to address climate change) all count on pushing waste into rock formations below the earth's surface.

    The U.S. Environmental Protection Agency, which has primary regulatory authority over the nation's injection wells, would not discuss specific well failures identified by ProPublica or make staffers available for interviews. The agency also declined to answer many questions in writing, though it sent responses to several. Its director for the Drinking Water Protection Division, Ann Codrington, sent a statement to ProPublica defending the injection program's effectiveness.

    "Underground injection has been and continues to be a viable technique for subsurface storage and disposal of fluids when properly done," the statement said. "EPA recognizes that more can be done to enhance drinking water safeguards and, along with states and tribes, will work to improve the efficiency of the underground injection control program."

    Still, some experts see the well failures and leaks discovered so far as signs of broader problems, raising concerns about how much pollution may be leaking out undetected. By the time the damage is discovered, they say, it could be irreversible.

    "Are we heading down a path we might regret in the future?" said Anthony Ingraffea, a Cornell University engineering professor who has been an outspoken critic of claims that wells don't leak. "Yes."

    ***

    In September 2003, Ed Cowley got a call to check out a pool of briny water in a bucolic farm field outside Chico, Texas. Nearby, he said, a stand of trees had begun to wither, their leaves turning crispy brown and falling to the ground.

    Chico, a town of about 1,000 people 50 miles northwest of Fort Worth, lies in the heart of Texas' Barnett Shale. Gas wells dot the landscape like mailboxes in suburbia. A short distance away from the murky pond, an oil services company had begun pumping millions of gallons of drilling waste into an injection well.

    Regulators refer to such waste as salt water or brine, but it often includes less benign contaminants, including fracking chemicals, benzene and other substances known to cause cancer.

    The well had been authorized by the Railroad Commission of Texas, which once regulated railways but now oversees 260,000 oil and gas wells and 52,000 injection wells. (Another agency, the Texas Commission on Environmental Quality, regulates injection wells for waste from other industries.)

    Before issuing the permit, commission officials studied mathematical models showing that waste could be safely injected into a sandstone layer about one-third of a mile beneath the farm. They specified how much waste could go into the well, under how much pressure, and calculated how far it would dissipate underground. As federal law requires, they also reviewed a quarter-mile radius around the site to make sure waste would not seep back toward the surface through abandoned wells or other holes in the area.

    Yet the precautions failed. "Salt water" brine migrated from the injection site and shot back to the surface through three old well holes nearby.

    "Have you ever seen an artesian well?" recalled Cowley, Chico's director of public works. "It was just water flowing up out of the ground."

    Despite residents' fears that the injected waste could be making its way towards their drinking water, commission officials did not sample soil or water near the leak.

    If the injection well waste "had threatened harm to the ground water in the area, an in-depth RRC investigation would have been initiated," Ramona Nye, a spokeswoman for Texas' Railroad Commission, wrote in an email.

    The agency disputes Cowley's description of a pool of brine or of dead trees, saying that the waste barely spilled beyond the overflowing wells, though officials could not identify any documents or staffers who contradicted Cowley's recollections. Accounts similar to Cowley's appeared in an article about the leak in the Wise County Messenger, a local newspaper. The agency has destroyed its records about the incident, saying it is required to keep them for only two years.

    After the breach, the commission ordered two of the old wells to be plugged with cement and restricted the rate at which waste could be injected into the well. It did not issue any violations against the disposal company, which had followed Texas' rules, regulators said. The commission allowed the well operator to continue injecting thousands of barrels of brine into the well each day. A few months later, brine began spurting out of three more old wells nearby.

    "It's kind of like Whac-a-Mole, where one thing pops up and by the time you go to hit it, another thing comes up," Cowley said. "It was frustrating. ... If your water goes, what does that do to the value of your land?"

    Deep well injection takes place in 32 states, from Pennsylvania to Michigan to California. Most wells are around the Great Lakes and in areas where oil and gas is produced: along the Appalachian crest and the Gulf Coast, in California and in Texas, which has more wells for hazardous industrial waste and oil and gas waste than any other state.

    Federal rules divide wells into six classes based on the material they hold and the industry that produced it. Class 1 wells handle the most hazardous materials, including fertilizers, acids and deadly compounds such as asbestos, PCBs and cyanide. The energy industry has its own category, Class 2, which includes disposal wells and wells in which fluids are injected to force out trapped oil and gas. The most common wells, called Class 5, are a sort of catch-all for everything left over from the other categories, including storm-water runoff from gas stations.

    The EPA requires that Class 1 and 2 injection wells be drilled the deepest to assure that the most toxic waste is pushed far below drinking water aquifers. Both types of wells are supposed to be walled with multiple layers of steel tubing and cement and regularly monitored for cracks.

    Officials' confidence in this manner of disposal stems not only from safety precautions, but from an understanding of how rock formations trap fluid.

    Underground waste, officials say, is contained by layer after layer of impermeable rock. If one layer leaks, the next blocks the waste from spreading before it reaches groundwater. The laws of physics and fluid dynamics should ensure that the waste can't spread far and is diluted as it goes.

    The layering "is a very strong phenomenon and it's on our side," said Susan Hovorka, a senior research scientist at the University of Texas at Austin's Bureau of Economic Geology.

    According to risk analyses cited in EPA documents, a significant well leak that leads to water contamination is highly unlikely — on the order of one in a million.

    Once waste is underground, though, there are few ways to track how far it goes, how quickly or where it winds up. There is plenty of theory, but little data to prove the system works.

    "I do think the risks are low, but it has never been adequately demonstrated," said John Apps, a leading geoscientist who advises the Department of Energy for Lawrence Berkeley National Labs. "Every statement is based on a collection of experts that offer you their opinions. Then you do a scientific analysis of their opinions and get some probability out of it. This is a wonderful way to go when you don't have any evidence one way or another... But it really doesn't mean anything scientifically."

    The hard data that does exist comes from well inspections conducted by federal and state regulators, who can issue citations to operators for injecting illegally, for not maintaining wells, or for operating wells at unsafe pressures. This information is the EPA's primary means of tracking the system's health on a national scale.

    ProPublica's series on injection wells

    Yet, in response to questions from ProPublica, the EPA acknowledged it has done very little with the data it collects. The agency could not provide ProPublica with a tally of how frequently wells fail or of how often disposal regulations are violated. It has not counted the number of cases of waste migration or contamination in more than 20 years. The agency often accepts reports from state injection regulators that are partly blank, contain conflicting figures or are missing key details, ProPublica found.

    In 2007, the EPA launched a national data system to centralize reports on injection wells. As of September 2011 — the last time the EPA issued a public update — less than half of the state and local regulatory agencies overseeing injection were contributing to the database. It contained complete information from only a handful of states, accounting for a small fraction of the deep wells in the country.

    The EPA did not respond to questions seeking more detail about how it handles its data, or about how the agency judges whether its oversight is working.

    In a 2008 interview with ProPublica, one EPA scientist acknowledged shortcomings in the way the agency oversees the injection program.

    "It's assumed that the monitoring rules and requirements are in place and are protective — that's assumed," said Gregory Oberley, an EPA groundwater specialist who studies injection and water issues in the Rocky Mountain region. "You're not going to know what's going on until someone's well is contaminated and they are complaining about it."

    ***

    ProPublica's analysis of case histories and EPA data from October 2007 to October 2010 showed that when an injection well fails, it is most often because of holes or cracks in the well structure itself.

    Operators are required to do so-called "mechanical integrity" tests at regular intervals, yearly for Class 1 wells and at least once every five years for Class 2 wells. In 2010, the tests led to more than 7,500 violations nationally, with more than 2,300 wells failing. In Texas, one violation was issued for every three Class 2 wells examined in 2010.

    Such breakdowns can have serious consequences. Damage to the cement or steel casing can allow fluids to seep into the earth, where they could migrate into water supplies.

    Regulators say redundant layers of protection usually prevent waste from getting that far, but EPA data shows that in the three years analyzed by ProPublica, more than 7,500 well test failures involved what federal water protection regulations describe as "fluid migration" and "significant leaks."

    In September 2009, workers for Unit Petroleum Company discovered oil and gas waste in a roadside ditch in southern Louisiana. After tracing the fluid to a crack in the casing of a nearby injection well, operators tested the rest of the well. Only then did they find another hole — 600 feet down, and just a few hundred feet away from an aquifer that is a source of drinking water for that part of the state.

    Most well failures are patched within six months of being discovered, EPA data shows, but with as much as five years passing between integrity tests, it can take a while for leaks to be discovered. And not every well can be repaired. Kansas shut down at least 47 injection wells in 2010, filling them with cement and burying them, because their mechanical integrity could not be restored. Louisiana shut down 82. Wyoming shut down 144.

    Another way wells can leak is if waste is injected with such force that it accidentally shatters the rock meant to contain it. A report published by scientists at the Department of Energy's Pacific Northwest National Laboratory and the University of Texas said that high pressure is "the driving force" that can help connect deep geologic layers with shallower ones, allowing fluid to seep through the earth.

    Most injection well permits strictly limit the maximum pressure allowed, but well operators — rushing to dispose of more waste in less time — sometimes break the rules, state regulatory inspections show. According to data provided by states to the EPA, deep well operators have been caught exceeding injection pressure limits more than 1,100 times since 2008. 

    Excessive pressure factored into a 1989 well failure that yielded new clues about the risks of injection.

    While drilling a disposal well in southern Ohio, workers for the Aristech Chemical Corp. (since bought by Sunoco, and sold again, in 2011, to Haverhill Chemicals) were overwhelmed by the smell of phenol, a deadly chemical the company had injected into two Class 1 wells nearby. Somehow, perhaps over decades, the pollution had risen 1,400 feet through solid rock and was progressing toward surface aquifers.

    Ohio environmental officials – aided by the EPA – investigated for some 15 years. They concluded that the wells were mechanically sound, but Aristech had injected waste into them faster and under higher pressure than the geologic formation could bear.

    Though scientists maintain that the Aristech leak was a rarity, they acknowledge that such problems are more likely in places where industrial activity has changed the underground environment.

    There are upwards of 2 million abandoned and plugged oil and gas wells in the U.S., more than 100,000 of which may not appear in regulators’ records. Sometimes they are just broken off tubes of steel, buried or sticking out of the ground. Many are supposed to be sealed shut with cement, but studies show that cement breaks down over time, allowing seepage up the well structure.  

    Also, if injected waste reaches the bottom of old wells, it can quickly be driven back towards aquifers, as it was in Chico.

    “The United States looks like a pin cushion,” said Bruce Kobelski, a geologist who has been with the agency’s underground injection program since 1986. Kobelski spoke to ProPublica in May, 2011, before the EPA declined additional interview requests for this story. “Unfortunately there are cases where someone missed a well or a well wasn’t indicated. It could have been a well from the turn of the [20th] century.”

    Clefts left after the earth is cracked open to frack for oil and gas also can connect abandoned wells and waste injection zones. How far these man-made fissures go is still the subject of research and debate, but in some cases they have reached as much as a half-mile, even intersecting fractures from neighboring wells.

    When injection wells intersect with fracked wells and abandoned wells, the combined effect is that many of the natural protections assumed to be provided by deep underground geology no longer exist.

    “It’s a natural system and if you go in and start punching holes through it and changing pressure systems around, it’s no longer natural,” said Nathan Wiser, an underground injection expert working for the EPA in its Rocky Mountain region, in a 2010 interview. “It’s difficult to know how it would behave in those circumstances.”

    EPA data provides a window into some injection well problems, but not all. There is no way to know how many wells have undetected leaks or to measure the amount of waste escaping from them.

    In at least some cases, records obtained by ProPublica show, well failures may have contaminated sources of drinking water. Between 2008 and 2011, state regulators reported 150 instances of what the EPA calls "cases of alleged contamination," in which waste from injection wells purportedly reached aquifers. In 25 instances, the waste came from Class 2 wells. The EPA did not respond to requests for the results of investigations into those incidents or to clarify the standard for reporting a case.

    The data probably understates the true extent of such incidents, however.

    Leaking wells can simply go undetected. One Texas study looking for the cause of high salinity in soil found that at least 29 brine injection wells in its study area were likely sending a plume of salt water up into the ground unnoticed. Even when a problem is reported, as in Chico, regulators don’t always do the expensive and time-consuming work necessary to investigate its cause.

    “The absence of episodes of pollution can mean that there are none, or that no one is looking,” said Salazar, the EPA’s former injection expert. “I would tend to believe it is the latter.”

    ***

    The practice of injecting waste underground arose as a solution to an environmental crisis.

    In the first half of the 20th century, toxic waste collected in cesspools, or was dumped in rivers or poured onto fields. As the consequences of unbridled pollution became unacceptable, the country turned to an out-of-sight alternative. Drawing on techniques developed by the oil and gas industry, companies started pumping waste back into wells drilled for resources. Toxic waste became all but invisible. Air and water began to get cleaner. 

    Then a host of unanticipated problems began to arise.

    In April, 1967 pesticide waste injected by a chemical plant at Denver’s Rocky Mountain Arsenal destabilized a seismic fault, causing a magnitude 5.0 earthquake -- strong enough to shatter windows and close schools -- and jolting scientists with newfound risks of injection, according to the U.S. Geological Survey.

    A year later, a corroded hazardous waste well for pulping liquor at the Hammermill Paper Co., in Erie, Pa., ruptured. Five miles away, according to an EPA report, “a noxious black liquid seeped from an abandoned gas well” in Presque Isle State Park.

    In 1975 in Beaumont, Texas, dioxin and a highly acidic herbicide injected underground by the Velsicol Chemical Corp. burned a hole through its well casing, sending as much as five million gallons of the waste into a nearby drinking water aquifer.

    Then in August 1984 in Oak Ridge, Tenn., radioactive waste was turned up by water monitoring near a deep injection well at a government nuclear facility. 

    Regulators raced to catch up. In 1974, the Safe Drinking Water Act was passed, establishing a framework for regulating injection. Then, in 1980, the EPA set up the tiered classes of wells and began to establish basic construction standards and inspection schedules. The EPA licensed some state agencies to monitor wells within their borders and handled oversight jointly with others, but all had to meet the baseline requirements of the federal Underground Injection Control program.

    Even with stricter regulations in place, 17 states – including Alabama, North Carolina, South Carolina and Wisconsin -- banned Class 1 hazardous deep well injection.

    “We just felt like based on the knowledge that we had at that time that it was not something that was really in the best interest of the environment or the state,” said James Warr, who headed Alabama’s Department of Environmental Management at the time.

    Injection accidents kept cropping up.

    A 1987 General Accountability Office review put the total number of cases in which waste had migrated from Class 1 hazardous waste wells into underground aquifers at 10 -- including the Texas and Pennsylvania sites. Two of those aquifers were considered potential drinking water sources.

    In 1989, the GAO reported 23 more cases in seven states where oil and gas injection wells had failed and polluted aquifers. New regulations had done little to prevent the problems, the report said, largely because most of the wells involved had been grandfathered in and had not had to comply with key aspects of the rules.

    Noting four more suspected cases, the report also suggested there could be more well failures, and more widespread pollution, beyond the cases identified. “The full extent to which injected brines have contaminated underground sources of drinking water is unknown,” it stated.

    The GAO concluded that most of the contaminated aquifers could not be reclaimed because fixing the damage was “too costly” or “technically infeasible.”

    Faced with such findings, the federal government drafted more rules aimed at strengthening the injection program. The government outlawed certain types of wells above or near drinking water aquifers, mandating that most industrial waste be injected deeper.

    The agency also began to hold companies that disposed of hazardous industrial waste to far stiffer standards. To get permits to dispose of hazardous waster after 1988, companies had to prove – using complex models and geological studies -- that the stuff they injected wouldn’t migrate anywhere near water supplies for 10,000 years. They were already required to test for fault zones and to conduct reviews to ensure there were no conduits for leakage, such as abandoned wells, within a quarter-mile radius. Later, that became a two-mile minimum radius for some wells. 

    The added regulations would have prevented the vast majority of the accidents that occurred before the late 1980s, EPA officials contend. 

    “The requirements weren’t as rigorous, the testing wasn’t as rigorous and in some cases the shallow aquifers were contaminated,” Kobelski said. “The program is not the same as it was when we first started.”

    Today’s injection program, however, faces a new set of problems.

    As federal regulators toughened rules for injecting hazardous waste, oil and gas companies argued that the new standards could drive them out of business. State oil and gas regulators pushed back against the regulations, too, saying that enforcing the rules for Class 2 wells – which handle the vast majority of injected waste by volume -- would be expensive and difficult.

    Ultimately, the energy industry won a critical change in the federal government’s legal definition of waste: Since 1988, all material resulting from the oil and gas drilling process is considered non-hazardous, regardless of its content or toxicity.

    “It took a lot of talking to sell the EPA on that and there are still a lot of people that don’t like it,” said Bill Bryson, a geologist and former head of the Kansas Corporation Commission’s Conservation Division, who lobbied for and helped draft the federal rules. “But it seemed the best way to protect the environment and to stop everybody from just having to test everything all the time.”

    The new approach removed many of the constraints on the oil and gas industry. They were no longer required to conduct seismic tests (a stricture that remained in place for Class 1 wells). Operators were allowed to test their wells less frequently for mechanical integrity and the area they had to check for abandoned wells was kept to a minimum  – one reason drilling waste kept bubbling to the surface near Chico.

    Soon after the first Chico incident, Texas expanded the area regulators were required to check for abandoned waste wells (a rule that applied only to certain parts of the state). Doubling the radius they reviewed in Chico to a half mile, they found 13 other injection or oil and gas wells. When they studied the land within a mile – the radius required for review of many Class 1 wells – officials discovered another 35 wells, many dating to the 1950s.

    The Railroad Commission concluded that the Chico injection well had overflowed: The target rock zone could no longer handle the volume being pushed into it. Trying to cram in more waste at the same speed could cause further leaks, regulators feared. The commission set new limits on how fast the waste could be injected, but did not forbid further disposal. The well remains in use to this day.  

    In late 2008, samples of Chico’s municipal drinking water were found to contain radium, a radioactive derivative of uranium and a common attribute of drilling waste. The water well was a few miles away from the leaking injection well site, but environmental officials said the contaminants discovered in the water well were unrelated, mostly because they didn’t include the level of sodium typical of brine.

    Since then, Ed Cowley, the public works director, said commission officials have continued to assure him that brine won’t reach Chico’s drinking water. But since the agency keeps allowing more injection and doesn’t track the cumulative volume of waste going into wells in the area, he’s skeptical that they can keep their promise.

    “I was kind of like, ‘You all need to get together and look at the total amount you are trying to fit through the eye of the needle,’” he said.  

    ***

    When sewage flowed from 20 Class 1 wells near Miami into the Upper Floridan aquifer, it challenged some of scientists’ fundamental assumptions about the injection system.

    The wells – which had helped fuel the growth of South Florida by eliminating the need for expensive water treatment plants -- had passed rigorous EPA and state evaluation throughout the 1980s and 1990s. Inspections showed they were structurally sound. As Class 1 wells, they were subject to some of the most frequent tests and closest scrutiny.

    Yet they failed.

    The wells' designers would have calculated what is typically called the "zone of influence" — the space that waste injected into the wells was expected to fill. This was based on estimates of how much fluid would be injected and under what pressure.

    In drawings, the zone of influence typically looks like a Hershey’s kiss, an evenly dispersed plume spreading in a predictable circular fashion away from the bottom of the well. Above the zone, most drawings depict uniform formations of rock not unlike a layer cake.

    Based on modeling and analysis by some of the most sophisticated engineering consultants in the country, Florida officials, with the EPA's assent, concluded that waste injected into the Miami-area wells would be forever trapped far below the South Florida peninsula.

    “All of the modeling indicated that the injectate would be confined in the injection zone,” an EPA spokesperson wrote to ProPublica in a statement.

    But as Miami poured nearly half a billion gallons of partly treated sewage into the ground each day from the late 1980s through the mid 1990s, hydrogeologists learned that the earth – and the flow of fluids through it – wasn’t as uniform as the models depicted. Florida’s injection wells, for example, had been drilled into rock that was far more porous and fractured than scientists previously understood.

    “Geology is never what you think it is,” said Ronald Reese, a geologist with the United States Geological Survey in Florida who has studied the well failures there. “There are always surprises.”

    Other gaps have emerged between theories of how underground injection should work and how it actually does. Rock layers aren’t always neatly stacked as they appear in engineers’ sketches. They often fold and twist over on themselves. Waste injected into such formations is more likely to spread in lopsided, unpredictable ways than in a uniform cone. It is also likely to channel through spaces in the rock as pressure forces it along the weakest lines.  

    Petroleum engineers in Texas have found that when they pump fluid into one end of an oil reservoir to push oil out the other, the injected fluid sometimes flows around the reservoir, completely missing the targeted zone.

    “People are still surprised at the route that the injectate is taking or the bypassing that can happen,” said Jean-Philippe Nicot, a research scientist at the University of Texas’ Bureau of Economic Geology.

    Conventional wisdom says fluids injected underground should spread at a rate of several inches or less each year, and go only as far as they are pushed by the pressure inside the well. In some instances, however, fluids have travelled faster and farther than researchers thought possible.

    In a 2000 case that wasn’t caused by injection but brought important lessons about how fluids could move underground, hydrogeologists concluded that bacteria-polluted water migrated horizontally underground for several thousand feet in just 26 hours, contaminating a drinking water well in Walkerton, Ontario, and sickening thousands of residents. The fluids travelled 80 times as fast as the standard software model predicted was possible.

    According to the model, vertical movement of underground fluids shouldn't be possible at all, or should happen over what scientists call "geologic time": thousands of years or longer. Yet a 2011 study in Wisconsin found that human viruses had managed to infiltrate deep aquifers, probably moving downward through layers believed to be a permanent seal.

    According to a study published in April in the journal Ground Water, it’s not a matter of if fluid will move through rock layers, but when.

    Tom Myers, a hydrologist, drew on research showing that natural faults and fractures are more prevalent than commonly understood to create a model that predicts how chemicals might move in the Marcellus Shale, a dense layer of rock that has been called impermeable. The Marcellus Shale, which stretches from New York to Tennessee, is the focus of intense debate because of concerns that chemicals injected in drilling for natural gas will pollute water.

    Myers’ new model said that chemicals could leak through natural cracks into aquifers tapped for drinking water in about 100 years, far more quickly than had been thought. In areas where there is hydraulic fracturing or drilling, Myers’ model shows, man-made faults and natural ones could intersect and chemicals could migrate to the surface in as little as “a few years, or less.”

    “It’s out of sight, out of mind now. But 50 years from now?” Myers said, referring to injected waste and the rock layers trusted to entrap it. “Simply put, they are not impermeable.”

    Myers' work is among the few studies done over the past few decades to compare theories of hydrogeology to what actually happens. But even his research is based on models.

    "A lot of the concepts and a lot of the regulations that govern this whole practice of subsurface injection is kind of dated at this point," said one senior EPA hydrologist who was not authorized to speak to ProPublica, and declined to be quoted by name.

    "It's a problem," he said. "There needs to be a hard look at this in a new way."

    This report, "Injection Wells: The Posion Beneath Us", first appeared on propublica.org.

  • Vacation fund for bullied bus monitor tops $300,000

    Seventh graders who cruelly taunted their 68-year-old school bus monitor, Karen Klein, will be punished. In the meantime, Klein has received hundreds of thousands of dollars to help her retire and take her dream vacation. NBC's Craig Melvin reports.

    Updated at 6:16 p.m. ET: Bullied school bus monitor Karen Klein might have more than $335,000 to vacation far away from the Greece, N.Y., pupils who bullied her in a profanity-laced video that went viral this week.

    Nearly 10,000 online sympathizers had donated that much money by Thursday evening on the fund-raising site Indiegogo.com in a campaign called “Lets Give Karen – The bus monitor – H Klein A Vacation.”

    Graphic content warning: The video on YouTube 


    The fund-raising was set up through a reddit.com member, identified as Max Sidorov of Toronto, Canada, after he saw the video called "Making the Bus Monitor Cry" posted to YouTube on Monday.

    “It’s an incredible campaign,” Slava Rubin, who cofounded Indiegogo.com in 2008, told msnbc.com. “We’re seeing good Samaritans come together to support this brave woman.”

    An Indiegogo spokesperson earlier told msnbc.com that the website was in touch with Klein, and she  would receive her money when the campaign is over, scheduled for July 20.

    Indiegogo charges 4 percent for the fund-raising, Rubin said.

    Klein was featured Thursday on the TODAY show, and later said she doesn't really want the “nasty kids” charged.

    On TODAY.com: Karen Klein won't press charges 

    Earlier: Vacation of a lifetime pledged for bus monitor bullied in viral video

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  • Billionaire Ellison books Hawaiian getaway, buys island of Lanai

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    A county of nearby Maui, Lanai is known as "The Pineapple Island." The majority of the land there was once owned by James Dole of Dole Food Co. Inc., who bought it in 1922.

    The rich really are different from you and me. We go to Hawaii. They buy Hawaii.

    Billionaire Oracle CEO Larry Ellison is buying 98 percent of the island of Lanai, the so-called “Pineapple Island.”

    The land’s current owner, Castle & Cooke Inc., filed a transfer application Wednesday with the state’s public utilities commission, which regulates utilities on the island that serve its two resorts.

    The deal involves 88,000 acres of land, plus two resorts, two golf courses, a stable and various residential and commercial buildings, lawyers for Murdock told the utilities commission in its application. Ellison plans to pay cash according to the documents and reinvigorate the local tourism industry.

    Unfortunately the documents didn’t say how much Ellison is paying. The Maui News reported the asking price was $500 million to $600 million. What’s $100 million when you’re buying an island, anyway? Especially since Ellison has had no qualms about buying toys. Including a 454-foot yacht, McClaren F1 supercar, a bunch of planes and a tennis tournament. To start.

    An Oracle spokesperson said the company doesn’t comment on Ellison’s personal business.

    Ellison doesn’t always get what he wants. His repeated attempts to buy an NBA team have failed. Most recently when he lost our a bidding war for his hometown Golden State Warriors in 2010.

    Self-made billionaire David Murdock, who owns Castle & Cooke, said he would keep his home on Lanai and the right to build a wind farm, a contentious project that would place windmills on as many as 20 square miles of the island and deliver power to Oahu through an undersea cable.

    The 2 percent Ellison isn’t buying is owned by the state, county and private residents.

    With nearly 50 miles of coastline, two resorts and zero traffic lights, Lanai boasts plenty of unspoiled charm. Tourism officials tout the luxury at its Four Seasons hotels and rugged rural areas that can only be reached by vehicles with four-wheel drive. About 2,000 people live there. The majority of the island was once owned by James Dole of Dole Food Co. Inc., who bought it in 1922.

    Ellison, 67, was No. 6 on Forbes list of richest humans -- the third American-- this year with an estimated net worth of $36 billion.

    Below, KHNL’s Jim Mendoza talks with Lanai residents about the purchase. Their overriding sentiment: Who is Larry Ellison?

     

    The Associated Press contributed to this report.

     

     

     

  • Bloomberg on student test-takers in heat wave: 'Nothing unsafe about it'

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

    As New Yorkers were urged to stay cool on a record-breaking day of intense heat and humidity, Mayor Michael Bloomberg expressed little sympathy toward public school students taking exams in sweltering classrooms.

    "Nobody is asking them to do something in 110-degree heat inside," Bloomberg said during a news conference at a senior center Wednesday afternoon. "I'm sure they're a lot more worried about passing their exams than the temperature."

    The mayor made the remarks during a question-and-answer session after a news conference at the Bronx Works Senior Center, one of several designated cooling centers across the city. He was there with other officials to warn the public about the "dangerous" heat conditions and to urge vulnerable demographic groups to take proper precautions.


    See the original report at NBCNewYork.com

    When a reporter pointed out the seemingly contradictory messages Bloomberg was sending about how the young and the old should be responding to hot conditions indoors, he became irritated.

    "I don't know quite how to answer your question," he said. "Life is full of challenges, and we don't have everything we want. We can't afford everything we want. And I suspect if you talk to everyone in this room, not one of them went to a school where they had air conditioning."

    When the reporter tried to follow up, Bloomberg interrupted, "Miss, I've answered your question. There's nothing unsafe about it."

    Hot in Northeast? 'You ain't seen nothing yet'

    He continued, "It may be a tiny bit uncomfortable, and these are young, strong people, and we're not going to ask anyone to stay in a building where we think it becomes dangerous, whether they are taking a test or not."

    "Once their safety, their health is OK, yes, they have to take the test," he added. "That's what life is all about. If they can't pass these tests, they're not going to pass life's tests and then they are really going to be in trouble."

    New York City's 1.1 million public school students are still in session for another week, and just 64 percent of classrooms are air-conditioned.

    The National Weather Service upgraded its heat advisory to a heat warning Wednesday, and record highs were set at Newark and LaGuardia airports. In Central Park, temperatures soared into the 90s by noon.

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  • 2 swimmers drown in rip currents off NJ shore

    Friends sob on the shore as hopes fade in finding an 18-year-old swept out to sea by unusually strong current. WNBC's Gus Rosendale reports.

    Updated at 3:45 p.m. ET: Two swimmers who vanished in rip currents off the New Jersey shore were found drowned Thursday.

    Both incidents occurred at beaches where no lifeguards were on duty.

    Garrett Giberson, public information officer for the Asbury Park fire department, told NJ.com, website of the Star-Ledger newspaper. “Basically the bottom line is this: When lifeguards are off duty, stay out of the water. Rip tides are dangerous and obviously deadly. It's not worth your life."

    The Asbury Park Press reportedthat authorities believe the body recovered in about 15 feet of water 200 yards offshore in Asbury Park’s 2nd Avenue beach is Chazmin Miles, 23, of Irvington.


    Miles disappeared while trying to help his younger sister, who was rescued Wednesday evening.

    See the Star-Ledger photo gallery

    Hot in Northeast? 'You ain't seen nothing yet'

    The body of Bestavros Faris, 18, of Bayonne, was pulled early Thursday afternoon from waters about 150 yards offshore from the O Street beach in Seaside Park, where he disappeared a day earlier, NBCNewYork.com reported.

    Andrew Mills / The Star-Ledger

    Asbury Park firefighter Brett Nielson pauses as he prepares to enter the surf, Thursday, to search for the body of a 23-year-old man who disappeared while swimming after lifeguards had gone off duty Wednesday in Asbury Park, N.J. The body was recovered after a short search by divers.

    "The wave grabbed him far away from me," friend Andrew Messiha told NBCNewYork.com. "I was standing near the shore. He called for help, but no one came because there was no lifeguard."

    Faris and his friends were sucked into the currents late Wednesday afternoon; rescuers managed to retrieve three swimmers.

    Faris' friends and family had kept vigil on the beach into the night, crying and praying as they waited for news but declined to speak with NBCNewYork.com after the body was found.

    "It's very unusual to deal with these rip currents this time of year," Seaside Park Police Chief Francis Larkin told NBCNewYork.com. "Usually, it's hurricane season in September."

    Newark, N.J., on Wednesday saw a record high of 98 degrees and relentless heat was expected to continue Thursday.

    Strong rip currents kept rescuers busy elsewhere along the Jersey Shore. In Perth Amboy, two children were rescued from the water by a 36-year-old bystander and his 17-year-old son. The rescuers administered CPR to one child.

    Andrew Mills / The Star-Ledger

    Asbury Park firefighters, N.J. State Police Troopers and U.S. Coast Guard personnel work Thursday to recover a body about 200 yards offshore at the 2nd Avenue beach in Asbury Park, where a 23-year-old man disappeared while swimming after lifeguards had gone off duty yesterday.

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