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  • Lawyer: Aurora shooting suspect tried to call psychiatrist 9 minutes before attack

    A defense attorney says Colorado movie theater shooting suspect James Holmes tried unsuccessfully to call a University of Colorado, Denver, psychiatrist nine minutes before the attack.

    Defense attorney Tamara Brady said Thursday that James Holmes placed the call to an after-hours number at a hospital at the University of Colorado, Anschutz campus.

    Brady says Holmes thought he could reach Dr. Lynne Fenton, a psychiatrist, at that number.


    Holmes is accused in the July 20 shooting that left 12 people dead and 58 wounded in Aurora.

    Barry Gutierrez / AP

    Defense attorney Daniel King leads other public defenders into court Thursday for a motions hearing for suspected theater shooter James Holmes in district court in Centennial, Colo.

    The detail came out during a hearing about Holmes' relationship with Fenton, to whom he mailed a package containing a notebook that reportedly contained violent descriptions of an attack.

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    Fenton, who took the stand Thursday, testified she was sent the package on July 19.

    The package was seized by police on July 23 -- just three days after the shooting. According to court documents, she never had the package in her possession.

    More coverage of the Aurora theater shootings on NBCNews.com

    District Court Judge William Sylvester made no decision Thursday on whether the package should be released to prosecutors, NBC station KUSA reported. The hearing was continued to Dec. 20.

    Rj Sangosti / Pool via Reuters file

    Colorado shooting suspect James Holmes is shown at his first court appearance in Aurora, Colo., in July.

    The court discussed whether the notebook was sent during the time Holmes and Fenton had a doctor-patient relationship. The defense argued the notebook sent to Fenton is privileged information due to her relationship to Holmes as his psychotherapist. The prosecution says Fenton's relationship had already ended.

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    Fenton testified on Thursday that she felt her professional relationship ended on June 11. Fenton claimed she did not see or talk to Holmes in between June 11 and July 19 - when the prosecution says the package was sent to her.

    The Associated Press contributed to this report.

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  • To battle concussions, NFL, Army seek to change 'warrior culture'

    Progress on limiting the health effects of concussions in the NFL and the Army will take a change in the “warrior culture” that keeps players and soldiers silent and their comrades and leaders inattentive to the problem.

    That’s the message NFL Commissioner Roger Goodell and Army Chief of Staff Gen. Raymond T. Odierno delivered in a panel discussion held at the U.S. Military Academy at West Point, N.Y. on Thursday afternoon and streamed online by the Army.


    Goodell appeared on the panel the same day that the NFL filed a motion to dismiss 140 concussion lawsuits, saying the claims are pre-empted by federal labor law.

    Related: Military study finds training concussions for some troops

    Before an audience of cadets, the two leaders, as well as two soldiers, two former players and two brain injury specialists, probed the topics of concussions and mild traumatic brain injury (TBI) in sports and the military and what can be done to help identify, treat and prevent them.

    Brain injuries have been linked with the suicides of former NFL players, most recently Junior Seau,  and suicides in the military.

    All agreed that while coaches, platoon leaders and other leaders should bear responsibility for combating the problem, a third party needs to involved to help decide whether to keep soldiers and athletes active. 

    “It’s not just the medical people or you as leaders’ responsibility,” Odierno said. “It’s you as a fellow soldier or fellow player. If you see that they’ve been injured and you can tell that they’re not necessarily with it entirely. We’re not asking you to make a diagnosis. Make sure you tell somebody. Get them of the field. Get them off the battlefield. And make sure they get the proper medical attention. It’s all of our responsibilities.”

    Related: Concussion crisis growing in girls' soccer

    The panelists pointed out the similarities among soldiers and NFL athletes and cultures in which fierce competitiveness can allow injuries such as concussions to be ignored for sake of winning or completing a mission. Pressure from peers can also lead to players or soldiers not wanting to report health issues for fear of being perceived as weak.

    “There’s been a greater awareness that these injuries are serious because they deal with your brain and they need the proper time to be able to recover from that,” Goodell said. “Hopefully the awareness allows soldiers and players in any sport to understand that when you have these injuries you treat them seriously and make sure you get medical attention before you engage.”

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    Medical experts on the panel explained how new protocols and tests in the NFL and the military help diagnose concussions. For example, the Army takes an image of soldiers' brains before deployment to create base line that can be compared with an image after combat. Other rules and regulations keep players and soldiers from returning to action before they are cleared by a medical professional.

    The effects of repeated concussions and dangers to children have spurred 38 states to pass concussion laws. Most require schools and leagues to inform athletes and parents about concussions, to remove kids who appear to have suffered concussions from play and to require players to be cleared by a health care professional before returning. The NFL has supported that effort.

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    Former NFL players Troy Vincent and Bart Oates appeared on the panel, as did Staff Sgt. Shawn Hibbard and Maj. Christopher Molino. The medical experts were Maj. Sarah Goldman, Army's traumatic brain injury program director, and Dr. Richard Ellenbogen, of the University of Washington, who co-chairs the NFL's head, neck and spine committee.

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  • US ends investigation of terror detainees' deaths without charges

    The Justice Department announced Thursday that it has ended a lengthy investigation into the CIA's interrogation and treatment of prisoners without bringing any criminal charges. 

    U.S. Attorney General Eric Holder announced the investigation into the deaths of two suspected terrorists  who died in CIA custody -- one in Iraq and another in Afghanistan -- was ended without charges because "the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt." 


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    The two cases include the highly publicized case of Manadel al-Jamadi, who died in a shower stall at the infamous Abu Ghraib prison in Iraq while in CIA custody.  Several U.S. soldiers, who were photographed with al-Jamadi's body, packed in ice inside a body bag, were later prosecuted and convicted in military courts for prisoner abuse. 


    The investigation spanned more than four years. It began with an investigation into the CIA's destruction of videotapes of aggressive interrogations of terrorist suspects, but was later expanded to include the deaths of the two detainees. 

    In all the Justice Department investigated the treatment of 101 detainees who been held in U.S. custody since 9/11. 

    CIA Director David Petraeus issued a statement thanking everyone at the CIA who supported the Justice Departments investigations.  

    In an apparent effort to put the incidents and investigations to rest, Petraeus added, "As intelligence officers our inclination of course is to look ahead to the challenges of the future rather than backwards at those of the past."

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  • Education adviser: How Romney would take on unions, shrink Education Department

    Courtesy of Jim Peyser

    Jim Peyser, education adviser to Mitt Romney

    Presidential candidate Mitt Romney has attempted to make his philosophy about how to improve American education widely known and easily accessible in recent weeks. But he hasn’t answered many specifics on the campaign trail. The Hechinger Report spoke with Jim Peyser, a member of Romney’s education team and a partner at the NewSchools Venture Fund, to find out more.  Peyser also served as an adviser to Romney during his years as Massachusetts governor.

    Here are some highlights of the phone conversation:

    On what we could expect from the reauthorization of the Elementary and Secondary Education Act (ESEA) -which funds and defines the federal government’s role in the nation’s school - under Romney:


    ESEA will likely be reauthorized under our next president. (Republicans and Democrats alike have criticized the current iteration of the law, the No Child Left Behind Act or NCLB.) Under a Romney administration, expect the focus to be “more about taking things out than putting things in,” Peyser said.

    Romney has already said he would eliminate the No Child Left Behind requirement that core classes be taught by highly qualified teachers. This portion of the law defines a highly qualified teacher as one who has a degree in the subject area he or she teaches.

    More from The Hechinger Report

    Peyser said a Romney administration would retain NCLB’s focus on assessments and accountability for schools and districts, but would likely minimize the consequences for schools that fail to meet standards.

    “Those [consequences] have a minimal impact on what states and districts actually do. It ends up being more of a compliance exercise,” he said. “Those sorts of things would probably go away.”

    Any bill produced would be consistent with Romney’s overall platform. “In general what he’d be looking to do is have a more narrowly focused federal education framework that is more targeted towards providing parents with greater choice,” Peyser said. “[It would be] less about micromanaging and establishing broad federal mandates.”

    On how a Romney administration would take on teachers unions:

    Although Republicans commonly criticize President Obama for not being tough enough on teachers unions, Peyser acknowledges that – especially with Romney’s goal of avoiding new mandates – a Romney administration would be limited in how it could enforce changes that some teachers unions balk at – such as new teacher evaluations or tenure reforms. Work rules for teachers are typically controlled at the state or local level.

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    That doesn’t mean there would be no role for Romney, though. “The federal government can do things that either reinforce or provide incentive one way or another,” said Peyser.

    The highly qualified teacher provision of NCLB, for instance, reinforced a salary structure in which teachers are awarded pay bumps based on the number of years they teach and number of degrees they earn, rather than how well they perform in the classroom, he said.  “It’s reinforcing the basic structures that are enshrined in collective bargaining agreements,” he said. “It’s things like that – being more sensitive to these federal mandates and the way they play out on the ground.”

    Peyser also added that Romney would support the development of more charter schools, which often operate outside of union contracts, and that he would use the bully pulpit of the presidency to get his message across.

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    Win McNamee / Getty Images

    Republican presidential candidate Mitt Romney.

    On school choice:

    Increased school choice has become a signature issue for Romney – and the entire Republican Party. Romney’s white paper on education calls for putting more power in parents’ hands to choose schools for their children.

    Yet, while parents care about academic quality, they might have a hard time evaluating it, Peyser said. An important component of expanded school choice would be having “information that is not only easier to get, but easier to understand,” he said.

    “That’s only half of the equation,” Peyser said. “The other half is you have to have something to choose from.” Building up these quality options will take time. “It’s not a magic wand solution,” he said.

    On how small “a heck of a lot smaller” U.S. Department of Education would be:

    Romney told donors in April that he wouldn’t close the Department of Education. But he would consolidate it with another agency or make it “a heck of a lot smaller.”

    Peyser said he didn’t know just how small we could expect the  department to be under Romney but said it would certainly shrink substantially.

    More from The Hechinger Report

    One likely target for cutting or elimination would be grant programs run through the federal government. Many were created decades ago and have narrow requirements and focuses, according to Peyser.

    “There is a huge opportunity for both a lot of consolidation and elimination of those programs that should have a pretty significant impact on the scale of the federal Department of Education as well,” he said.

    This story,"From the convention: A Romney education adviser on how he’d take on unions and shrink the education department," was produced by The Hechinger Report, a nonprofit, nonpartisan education-news outlet based at Teachers College, Columbia University.

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  • Girl, 10, charged with manslaughter in baby's death in Maine

    The death on July 8 of Brooklyn Foss-Greenaway is being treated as a homicide, by authorities in Maine. A 10-year-old girl is charged with homicide in the case.

    A 10-year-old girl has been charged with manslaughter in the death of an infant from Clinton, Maine, WLBZ television reported Friday, citing state police. 

    Three-month-old Brooklyn Foss-Greenaway died July 8 after being left in the care of a babysitter in Fairfield, about 6 miles from Clinton, according to police.

    Police automatically investigate the death of a child under three, reports said.

    The state medical examiner's office ruled the death a homicide on Wednesday, WLBZ reported.

    "In this case there was some warning signs that we thought very early on," Department of Public Safety Spokesman Steve McCausland told WABI television. "The medical examiners have confirmed that and obviously the case now has been declared a homicide."


    "The cause of death is being withheld as the medical examiner continues to work on that aspect," he said, according to WABI. 

    The 10-year-old, whose name was not released, is in custody of the Maine Department of Health and Human Services, the WLBZ report said.

    The baby's mother, Nicole Greenaway, said the 10-year-old is the daughter of the babysitter, the Bangor Daily News reported. Greenaway said she works with the woman at a medical facility in Waterville, ME.

    The girl is the youngest person in Maine to be charged with manslaughter in at least 25 years, WLBZ reported, citing McCausland. It was not clear whether she was charged as a juvenile or an adult.

    She is scheduled to appear in court Oct. 22 with her attorney. 

    According to earlier reports, emergency responders arrived at the scene six minutes after receiving a 911 call on the night of July 7 saying the baby was not breathing and unresponsive. The baby died later at the hospital, WABI reported.

    Data from the Bureau of Justice Statistics show that 88 children between the ages of 10 and 12 were arrested on murder and non-negligent manslaughter charges between 2003 and 2009. Of them, 14 were girls.

    During that same time, seven children under the age of 10 were arrested for similar crimes; one was a girl.

    In 2005, a 7-year-old boy from Kentucky was charged with killing his mother’s boyfriend, according to an Associated Press report at the time. He was too young to be tried as an adult and was, at the time, sequestered away from older adults at a juvenile detention facility.

    In 2008, an 8-year-old boy from rural Arizona confessed to fatally shooting his father and his father’s friend.

    "I went upstairs and then I saw my dad and then I got the gun and then I fired it at my dad," the boy told prosecutors, according to an ABC News report. "He was on the ground and then I reloaded it."

    These juveniles cannot, according to a recent Supreme Court ruling, be sentenced to life in prison without possibility of parole.

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  • A resident's report: Post-Katrina defenses protected Miss. town

    Ellis Anderson

    Children play Thursday on the post-Katrina seawall protecting Bay St. Louis, Miss.

     

    Ellis Anderson, an activist and artist from Bay St. Louis, Miss., was profiled in Rising from Ruin in the wake of Hurricane Katrina. Anderson -- who authored an award-winning book on Katrina called "Under Surge, Under Siege" -- sent along these images and words on Thursday to showcase the aftermath of a tamer Hurricane Isaac and how post-Katrina defenses helped protect the town.

    BAY ST. LOUIS, Miss. -- Despite gusts up to 30 mph and squalls that continued to move through the Mississippi coast on Thursday afternoon, residents came out of hiding to see how their neighbors had fared. 

    Bay St. Louis Mayor Les Fillingame called the recently completed seawall an example of the post-Katrina mitigation efforts that are now paying off. The old pre-Katrina seawall was only eight feet in height, he noted, while the bluff that Old Town is built on rises to 21 feet -- some of the highest elevation on the Gulf of Mexico.

    The new seawall "protects us to the full extent of the bluff," he said. "Without a doubt, we would have lost that part of Beach Boulevard and a significant part of Old Town from erosion if that system weren't in place." 

    Ellis Anderson

    Still, some streets became canals in some areas of Hancock County, like the Shoreline Park neighborhood above, which is more than two miles north of the beachfront.

    This road runs adjacent to a child care center. Built after Katrina to higher elevation standards, the center was apparently not impacted by the flooding. 

    Ellis Anderson

    Above, Doug Niolet, a retired Hurricane Hunter pilot, and friend Kevan Guillory, at left, take a  break from storm activities at the Hurricane Hunter Bar. 

    During Katrina, the two men rode out the storm with five others in a historic bed and breakfast, the Bay Town Inn. When Katrina pulverized the building, Niolet and Guillory risked their lives trying to help their friends to safety. After the building disintegrated, they spent the remaining part of the storm perched in an oak tree (all seven people survived). 

    The two reported that as Isaac approached they'd been peppered with calls, texts and emails from friends and family. Niolet said the funniest call was from his daughter Courtney. "She wanted to know if we'd picked out our tree yet." 

    The friends expressed relief that the restaurant/bar owned by Niolet's mother-in-law had suffered only a partial loss of electricity and they anticipated opening for business on Friday. 

    Related: Read Ellis' earlier Isaac post

    Ellis Anderson

    Many residents and businesses in Old Town Bay St. Louis (including this correspondent) reported no interruption of service throughout the storm.

    Ed Day, Mississippi Power President and CEO, believes the storm-hardened stance adopted by the company after Hurricane Katrina is to credit.

    "After Hurricane Katrina, the damage that our community and electrical infrastructure experienced was unimaginable," said Day. "We lost power to every customer, which was unprecedented, and we had to rebuild or repair more than two thirds of the power poles and lines in our system. While it was hard to see a silver lining at the time, Mississippi Power invested in new infrastructure on behalf of our customers, and today rigorously maintains it every day. We believe those results are evident as damage to our system during Hurricane Isaac has been minimal."

    Fillingame said that despite the extended length of time that Isaac's feeder bands and storm surge battered the Mississippi coast, he believes official damage assessments will show that the city fared well under the circumstances. 

    "There's no doubt about it. Ten years ago a storm like this would have been catastrophic," he said. "We're a hardened community now, due to lessons learned and mitigation. ... That should give us a reason for some comfort."

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  • Former UVA lacrosse player Huguely gets 23 years in death of ex-girlfriend Yeardley Love

    Former University of Virginia lacrosse player George Huguely was sentenced for killing his girlfriend, fellow lacrosse player Yeardley Love, in 2010. His lawyers say they plan to appeal. NBC's Pete Williams reports and attorney Lisa Bloom discusses the sentence.

    Steve Helber / AP

    George Huguely V is led to court for his sentencing in Charlottesville, Va., Thursday.

    A judge in Virginia imposed a 23-year prison sentence on George W. Huguely V, a former University of Virginia lacrosse player convicted in the alcohol-fueled beating death of ex-girlfriend Yeardley Love in 2010, The Associated Press reported Thursday. 

    Love's body was found on May 3, 2010, face down on a bloody pillow in her apartment near the university where she was also a student and lacrosse player, Reuters reported. 

    Huguely, a 24-year-old from Chevy Chase, Md., was convicted in February of second-degree murder as well as grand larceny for stealing a computer from Love’s apartment.


    University of Virginia via AP

    Yeardley Love, who died in May 2010 at the hands of her sometimes boyfriend, George Huguely V. Huguely was convicted of manslaughter in February and sentenced to 23 years in prison on Thursday.

    Prosecutors said Huguely entered the apartment while Love was sleeping, kicked in her bedroom door and then slammed her head against the wall. She was 22 and about to graduate.

    Huguely's defense team said there was no evidence that he intended to kill Love, of Cockeysville, Md., and suggested instead that she had suffocated on the bloody pillow.

    The jury recommended a 25-year sentence for the murder and an additional one year for the theft. The defense sought a 14-year sentence, the AP reported. 

    Love’s family is seeking more than $29 million in damages from the state and university officials, alleging they did not properly handle a separate incident in 2009 when Huguely attacked a lacrosse teammate while drunk, Businessweek reported.  The family has also filed a lawsuit against Huguely, the report said.

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  • Isaac could be blessing and curse in drought areas: 'Harvest in a hurry,' farmers urged

    Danny Johnston / AP

    Farmers in Isaac's path, for better or for worse, include Randy Pettingill, seen here checking an ear of undersized corn near Plumerville, Ark., earlier this month.

    Thousands of farmers in drought-hit states will be seeing rain from Isaac, but the question many are wondering is whether it will be a blessing, curse or both.

    After deluging Louisiana and Mississippi, Isaac on Thursday reached into Arkansas, one of the driest farm states where too much rain could ruin some crops now being harvested.

    Farmers ran combines overnight Wednesday, the farm extension service at the University of Arkansas reported — after earlier tweeting this advice: "Harvest in a hurry". 

    "If the corn blows over, it is next to impossible to get all of the corn into the combine," university agronomist Jason Kelley reported.


    Nearly a quarter of the state's corn crop has yet to be harvested. 

    Across the parched central U.S., "pasture, grazing lands and winter wheat" will benefit from the rains over the next few days, Brian Fuchs, a climatologist with the National Drought Mitigation Center, told NBC News.

    The rains might also help some soybean crops, added David Miskus, a meteorologist specializing in farm weather at the U.S. Climate Prediction Center. But too much rain could be bad news for corn and cotton.

    The big benefit from the rains, Fuchs said, will be "helping to recharge soils going into next year."

    National Weather Service

    The forecast calls for several inches of rain across the central U.S. over the next few days due to Isaac.

    In Indiana, Morgan County grain farmer Jeff Thomas told the Associated Press that farmers there are worried about too much rain too late in the growing season.

    "If we get all this water they're talking about, we'll have to deal with flooding, especially in fields along rivers. The rivers just can't hold all of that water," he said.

    But others have said even a flood would be more welcome than drought.

    In Morrilton, Ark., farmer Randy Pettingill was among those desperate after running out of water for his fields.

    "It's been a long summer," he recently told the extension service. "I'll take anything. I don't care if it comes a flood." 

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  • Detectives: Marine wife Brittany Killgore died during sexual attack

    New search warrants unsealed in the murder case of a Marine wife reveal that, according to detectives, Brittany Killgore was an unwilling participant in sadomasochistic sexual activity involving the three suspects accused of killing her.

    San Diego County Sheriff's Department via AP

    Brittany Dawn Killgore

    Brittany Killgore was reported missing April 14. Her body was found a few days later.

    The San Diego, Calif., North County Superior Court released 22 search warrants in the Killgore murder case on Wednesday. The documents had previously been sealed at the request of the San Diego County district attorney.

    Dorothy Grace Marie Maraglino, 36; Jessica Lynn Lopez, 25 and U.S. Marine Staff Sgt. Louis Perez, 45, have pleaded not guilty to murder charges in the killing of 22-year-old Killgore.


    For more, visit NBCSanDiego.com

    Killgore was last seen April 13 wearing a purple evening gown. Four days later her body was found abandoned near Lake Skinner in Riverside County.

    Last week, an amended complaint was filed, adding new allegations to the murder charges, The North County Times reported.

    The complaint also accuses the three suspects of conspiring to kidnap, torture and sexually assault Killgore. The allegations stem from what investigators believe is the alternative sexual lifestyle the three suspects participated in.

    Warrants in Marine wife murder case reveal text messages, sex dungeon

    In the 22 search warrants obtained Wednesday by NBC 7, detectives say they believe Killgore was killed during sexual activities with the suspects, right before her body was taken to Lake Skinner.

    Detectives believe Perez never intended to take Killgore on a dinner cruise because he picked Killgore up from her apartment after the boat would’ve already departed, at approximately 7:37 p.m.

    Search warrants reveal Perez and Killgore’s telephone records show their phones were being used in the Fallbrook area when they were supposed to be in San Diego that night.

    Warrants also show that Killgore sent a text message to a friend asking for help 13 minutes after she was picked up by Perez. Soon after, additional text messages were sent from Killgore’s phone that weren’t consistent with her normal texting style.

    In the warrants, detectives say Killgore’s cell phone appears to have been turned off for approximately two hours on the night of April 13, between 8:14 p.m. and 10:10 p.m. Detectives believe Perez and his accomplices turned off Killgore’s phone during that time so they could kill her and dispose of her body.


    The documents confirm Killgore had injuries on her neck, consistent with being strangled, as well as injuries on her wrist and leg.

    The warrants also reveal detectives found a receipt for cleaning supplies purchased on April 13, the day Killgore disappeared.

    In four search warrants unsealed in July, investigators said they found evidence that an SUV owned by Perez had been used to dump Killgore's body in Lake Skinner.

    A shopping bag containing blue latex gloves and a stun baton were also found during the investigation according to the warrants. Both the bag and the gloves had a red substance on them that tested positive for blood, the documents show.

    Brittany Killgore, slain wife of Marine, texted 'help' on night of disappearance, prosecutor says

    In the warrants, investigators say that San Diego County Crime Lab technicians confirmed the blood to be "a match for the DNA profile of Brittany Killgore."

    On April 17, detectives attempted to contact Maraglino at a Point Loma hotel after a vehicle registered to her was located in the parking lot.

    Once officials gained access to the hotel room, they spotted blood on the bed and saw a woman who identified herself as “Rosalin” inside, the search warrants document.

    "Rosalin" was later identified as Jessica Lopez.

    Disturbing finds inside hotel room
    Also inside the hotel room were large knives in the bathroom and a note on the dressing area mirror stating, “Pigs read this,” the documents show.

    On the dressing table officers said they found a seven-page handwritten letter that began: “I’m sorry Mistress I know you would’ve tried to stop me…You have the wrong f--king person,” according to the warrants.

    The letter went on to say “I hid the body of that whore in plain sight," investigators stated in the warrants. One of the search warrants contains the note, which describes the injuries Killgore reportedly suffered and how she was murdered.

    The search warrants also reveal more about the unusual sexual activity that prosecutors say was happening at a home on East Fallbrook Street, the residence of Maraglino and her roommate Lopez.

    According to the warrant, an ex-girlfriend of Perez allegedly told police they were involved in bondage, whipping, cutting and spanking.

    She told police that on one occasion a female was held in the sex dungeon and not allowed to leave without Perez’s permission, according to the search warrants.

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  • Tough-minded judge assigned to take over George Zimmerman case

    A Florida judge assigned Thursday to take over George Zimmerman's case is being described as ambitious and willing to hand down tough sentences.

    Florida 18th Judicial District Courts

    Judge Debra S. Nelson

    Circuit Judge Debra Nelson got the case after a Florida appeals court on Wednesday granted Zimmerman's request for a new judge.

    The Orlando Sentinel reported that Nelson recently sentenced a robber to 27 years in prison after he'd rejected 20 years in a plea deal.


    "You don't mess around with her," Lake Mary attorney Isadore Hyde Jr. told the Sentinel. "She's very nice, very nice. You can tell her what's on your mind on or off the bench, but she will send your a-- away."

    Zimmerman, the former neighborhood watch volunteer charged with second-degree murder in the Feb. 26 shooting death of Trayvon Martin, had said the judge presiding over his case has made disparaging remarks about him.

    The Fifth District Court of Appeal wrote in a decision that Circuit Judge Kenneth Lester Jr. should "enter an order of disqualification which requests the chief circuit judge to appoint a successor judge."

    The opinion said: "Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency."

    The appeals court ruling was 2 to 1 in favor.

    The dissenting judge wrote: "Although the trial court's order clearly manifested an exceedingly strong belief by the trial judge that Zimmerman 'flouted' and 'tried to manipulate' the system, I do not believe the order 'crossed the line' so as to require the granting of this motion."

    Read the appeals court ruling (.PDF)

    Zimmerman said in the appeal that he feared Lester was biased against him and he wanted a new judge to handle his case.

    Zimmerman has pleaded not guilty to the killing of Martin 17, in a gated community in Sanford, Fla., saying he acted in self-defense. He remains free on bail.

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    Zimmerman's attorney, Mark O'Mara, had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.

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  • Ex-Navy SEAL: Book on bin Laden raid about 9/11, not politics

    "No Easy Day," written by a former Navy SEAL who helped take down Osama bin Laden, claims the al-Qaida leader did not defend himself during the raid. The book will become available on Sept. 4, earlier than the anticipated Sept. 11 release date. NBC's Jim Miklaszewski reports.

    A Navy SEAL who took part in the raid on Osama bin Laden’s compound and witnessed the killing of the 9/11 mastermind says a book he wrote about the mission is not a political statement.

    Responding to criticism that the book was intended to influence the presidential election, the former SEAL told CBS News that he wrote it to honor victims of the 9/11 terror attacks and the hundreds of people who made the raid a success.


    The book, entitled “No Easy Day,” had been scheduled for release on Sept. 11 to commemorate the attack on the World Trade Center towers and the Pentagon in 2001, but it instead will be made available on Sept. 4. The book is already No. 1 in sales on Amazon.com.

    Al-Qaida linked websites threaten ex-Navy SEAL turned author

    CBS News said Mark Owen — a fake name meant to hide his identity — was disguised for the "60 Minutes" interview as a security measure. His voice was also altered.

    "He has been professionally made up by a professional makeup artist to look completely different than his true self," Kevin Tedesco, executive director of communications of "60 Minutes," told NBC News on Thursday. "He was fully comfortable to go on camera without it, but we used makeup." 

    Some media outlets learned Owen’s real name and published it, sending him into hiding.

    “You know, if these crazies on either side of the aisle want to make it political, shame on them,” Owen told CBS. “This is a book about September 11th, and it needs to rest on September 11th. Not be brought into the political arena, because this — this has nothing to do with politics.

    An excerpt of Scott Pelley's interview for "60 Minutes" was posted on the CBS News website on Thursday.

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    In the interview, Owen emphasizes that hundreds of Americans participated in the advance work that led to the raid on the compound in Abbottabad, Pakistan. That included collecting intelligence, detailed planning and even building a full-sized replica of the compound for training. 

    “We just took care of the last 40 minutes,” Owen said.

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  • Federal court rejects Texas voter ID law

    Pat Sullivan / AP

    U.S. Attorney General Eric Holder told the NAACP annual convention on July 10 in Houston that he opposes a new photo ID requirement in Texas elections because it would be harmful to minority voters.

    Updated at 2:42 p.m. ET: A federal court in Washington on Thursday blocked a Texas law that would require voters to present photo IDs to election officials before being allowed to cast ballots in November, saying it would place an unfair burden on minorities and the poor.

    A three-judge U.S. District Court panel ruled that that SB 14, described as the most stringent voter ID law in the country, imposes "strict, unforgiving burdens on the poor" and noted that racial minorities in Texas are more likely to live in poverty.

    “Texas, seeking to implement its voter ID law, bears the burden of proof and must therefore show that SB 14 lacks retrogressive effect. But as we have found, everything Texas has submitted as affirmative evidence is unpersuasive, invalid, or both,” the opinion said.


    The Justice Department blocked the new Texas ID law in March, and now a federal court in Washington has done the same, saying it would hit minority voters especially hard. NBC's Pete Williams reports.

    “Moreover, uncontested record evidence conclusively shows that the implicit costs of obtaining SB 14-qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty. We therefore conclude that SB 14 is likely to lead to ‘retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise.’”

    Read the court opinion (.PDF)

    The ruling was the second legal blow to Texas this week. On Tuesday, another federal court panel threw out a Texas redistricting plan, finding evidence of discrimination in voting maps drawn by the state's Republican-controlled Legislature.

    The decision on the voter ID law involves an increasingly contentious political issue: a push, largely by Republican-controlled legislatures and governor's offices to impose strict identification requirements on voters.

    Republicans are aggressively seeking the requirements in the name of stamping out voter fraud. Democrats, with support from a number of studies, say that fraud at the polls is largely non-existent and that Republicans are simply trying to disenfranchise minorities, poor people and college students -- all groups that tend to back Democrats.

    Who can vote?: Special series on voter ID issues

    The ruling comes in the same week that South Carolina's strict photo ID law is on trial in front of another three-judge panel in the same federal courthouse. A court ruling in the South Carolina case is expected in time for the November election.

    Texas Gov. Rick Perry signed SB 14 into law on May 27, 2011. The law has yet to take effect because the state needs “preclearance” for any change in voting procedures from either the U.S. attorney general or a three-judge U.S. District Court panel.

    Watch the most-viewed videos on NBCNews.com

    The judges said such voter ID laws might well be approved if they ensure that all prospective voters can easily obtain free photo IDs, and that any underlying documents required to obtain that ID are truly free of charge.

    But the judges noted the Texas Legislature tabled or defeated amendments that would have, among other things, waived all fees for indigent persons who needed the underlying  documents and reimbursed poor people for ID-related travel costs.

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    In the Texas case, the Justice Department called several lawmakers, all of them Democrats, who said they detected a clear racial motive in the push for the voter ID law. Lawyers for Texas argued that the state was simply tightening its laws. Texas called experts who demonstrated that voter ID laws had a minimal effect on turnout. Republican lawmakers testified that the legislation was the result of a popular demand for more election protections.

    During an appearance at the NAACP convention in in Houston in July, Attorney General Eric Holder said Texas' photo ID requirement amounts to a poll tax, a term that harkens back to the days after Civil War Reconstruction when blacks across the South were stripped of their right to vote. The attorney general told the NAACP that many Texas voters seeking to cast ballots would struggle to pay for the documents they might need to obtain the required photo ID.

    In a statement Thursday, Holder said he was pleased by the court's action. “The court’s decision today and the decision earlier this week on the Texas redistricting plans not only reaffirm -- but help protect -- the vital role the Voting Rights Act plays in our society to ensure that every American has the right to vote and to have that vote counted," he said.

    White House spokesman Jay Carney said the Texas law does not comply with the landmark Voting Rights Act of 1965, which outlawed discriminatory voting practices blamed for the widespread disenfranchisement of blacks. "As you know this administration believes it should be easier for elligible citizens to vote, to register and vote.  We should not be imposing unnecessary obstacles or barriers to voter participation," Carney said.

    Texas Attorney General Greg Abbott said the state will appeal the panel's rejection to the U.S. Supreme Court.

    “The Supreme Court of the United States has already upheld voter ID laws as a constitutional method of ensuring integrity at the ballot box,” he said in a statement. “Today's decision is wrong on the law and improperly prevents Texas from implementing the same type of ballot integrity safeguards that are employed by Georgia and Indiana - and were upheld by the Supreme Court. The State will appeal this decision to the U.S. Supreme Court, where we are confident we will prevail."

    The Associated Press contributed to this report compiled by NBC News' James Eng.

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  • College tuition insurance for your child? It depends, experts say

    Sandra Rizkallah feared that her daughter's long-term illness could prevent her from completing her freshman year at Landmark College in Putney, Vt. -- a school where tuition cost $40,000 annually, not including room and board.

    "I worried about her medical history and I worried about the expense," said Rizkallah, a Boston-area mother. "She had been accepted into an expensive school, she wanted to pursue an education, and she had health issues. We wanted so much for her to be able to go to school."

    Rizkallah joined a growing number of parents in the United States taking out insurance to cover loss of tuition in the event their children become sick and drop out of expensive colleges or prep schools, experts say.


    Thanks to that insurance, Rizkallah recovered a portion of her daughter's tuition last year when her daughter, now 23, returned home ill.

    “It's definitely gaining traction with families," said John T. Fees, co-founder and CEO of the Next Generation Insurance Group, creators of GradGuard, a tuition insurance program. The company has 200,000 families enrolled in a tuition insurance coverage plan, he said. "Twenty years ago, college was affordable and you didn’t have to worry about how to pay (for tuition) ... Parents need to know they will be able to recover from a financial loss, if it were to occur."

    But some experts say most families don't need such insurance, which can add hundreds of dollars in costs onto an already expensive education. 

    "I don’t recommend it," said Mark Kantrowitz, publisher of FinAid.org, a free online resource about scholarships and financial aid. But he added that "it is a personal decision and depends on whether they need the reassurance."

    Watch the most-viewed videos on NBCNews.com

    More families are being encouraged by colleges and private schools  to sign up for tuition refund or reimbursement policies touted by private insurance companies and private schools, insurance and financial experts say. Typical coverage is about $15,000 a year, Fees said. According to GradGuard, general coverage includes:

    • Medical Disability: "If a student has to withdraw due to their accidental death, verified illness or an unforeseen physical disability (as defined by a physician) incurred after the policy goes into effect, the Plan will reimburse 100 percent of covered expenses up to the policy limits. If a physician indicates that the medical disability is due to emotional, nervous, or mental disorders, the Plan will also reimburse 100 percent of covered expenses.”
    • Death of a tuition payer: "If a student has to completely withdraw due to the death of a tuition payer, the plan will pay 100 percent of covered fees."

    But experts caution that tuition insurance typically doesn't cover costs if a student decides to just up and quit school, gets kicked out or is homesick.

    'Assurance with insurance'
    A.W.G. Dewar was the first tuition refund insurance company in the United States and has been providing coverage since 1930, according to the Insurance Information Institute in New York. It claims it provides up to 100 percent coverage for medically necessary withdrawals at more than 180 colleges and 1,200 private elementary and secondary schools. It is now part of One Beacon Insurance Group Ltd., institute officials say. Sallie Mae, the nation’s largest student lender, also provides tuition coverage, according to the institute.

    While no exact numbers are available of how many people have opted for tuition insurance, college administrators say more parents are requesting information on it.

    "College is a big investment and for some parents, just knowing they can gain some assurance with insurance makes them feel more comfortable," said Teri L. Blanchard, associate vice president for finance at Kenyon College in Gambier, Ohio, where about 10 percent of the 1,600 students enrolled at the private liberal arts school purchased insurance last year. Blanchard said she even bought insurance for her son 15 years ago. "It made sense at the time."

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    She said administrators at Kenyon College also offer their own tuition insurance, charging $199 per semester to cover the year's tuition. This school year, that's nearly $43,000.

    Most colleges and universities have refund policies. For instance, at Fordham University, near the Belmont neighborhood of the Bronx, N.Y., students are able to get back their tuition, about $40,000 a year, if they withdraw by the second week of the semester, according to the university. Private schools throughout the U.S. require some form of insurance coverage, Fees said.

    'A personal decision'
    Skeptics urge parents to review the insurance company's refund policy before buying.

    Mark Kantrowitz.

    "It’s a specialized insurance, and people have to ask themselves: ‘Do I really need it?'” said Mark Kantrowitz, publisher of FinAid.org, a free online resource about scholarships and financial aid. "A typical college student is going to be relatively healthy, and tuition insurance is often not financially worthwhile. Tuition refund insurance is more likely to be of interest to parents whose children are attending more expensive colleges."

    Kantrowitz said tuition refund insurance typically costs 1 percent to 5 percent of the face value of the coverage per year, ranging from $100 to $1,000 depending on the college's costs and claim history.

    Margaret McBurney of Kensington, Md., said she was among the parents who needed "peace of mind." She signed up with GradGuard a year ago after her third child headed off to college on the East Coast.

    “I had already spent a large of amount of tuition on my children, and I heard about it and I thought it sounded like a good idea,” said McBurney. She said she paid about $12,000 a semester in tuition for her daughter, who is now 21. For a $25,000 insurance policy, she said she paid $48 a month for a year. “I kind of wished that I had done it earlier for my peace of mind.”

    “As it turned out, my student became ill in college,” McBurney said. She described the reimbursement process as “relatively simple and once the college provided the documents the tuition was reimbursed.”

    Do you have an education-related story or topic you'd like to share? Contact NBC News' Sevil Omer at sevil.omer@msnbc.com.

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  • Fed up with rodent infestation, New York man hangs 'Rat Crossing' signs

    Residents on Manhattan's Upper West Side are fighting a rat problem and posting signs to warn pedestrians. NBCNews.com's Dara Brown reports.

    It’s a common sight in New York: rats scurrying across subway tracks, onto dimly-lit streets, and into sewers. And while New Yorkers aren't happy about sharing their city with rodents, it's something that, with experience, they learn to shrug off.

    One Manhattan resident, however, is fed up with it.

    Joseph Bolanos, president of the West 76th Street Block Association, decided to call attention to the problem by installing eye-catching signs on Wednesday: fake traffic-crossing signs just for the rats.  

    The diamond-shaped plastic signs prominently feature the words “RAT XING” with a big black rat at the center. Bolanos hung the signs with double-sided tape around his Upper West Side neighborhood.

    NBC New York

    Joseph Bolanos, president of the West 76th Street Block Association, hangs up a rat-crossing sign in his neighborhood on the Upper West Side in Manhattan.

    The move may be a bit flippant, but Bolanos said he thinks the signs could bring attention to the issue plaguing his streets.

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    “A woman in the building next door said she could hear the rats outside screaming and screeching,” Bolanos told NBC News on Thursday. “I’ve heard neighbors thinking someone got attacked outside because they would hear shrieks, but it was just people who were passing by running with the fear of God in them from all of the rats frolicking like it’s Cirque du Soleil.”

    The rat problem, residents said, stems from a construction site where workers have reportedly been leaving trash from their lunch out, underneath a tarp overnight, NBCNewYork.com reported.

    “You’re putting a buffet out for them for 12 hours,” Bolanos said, adding that the rats are “really destroying [residents’] quality of life.”

    Bolanos said so far, he has put up three signs on posts along a 50-foot radius from the construction site. But he plans to post more.

    “I designed them. I laminated them. And they’re going to be bigger next week,” Bolanos said. “Believe it or not, they’ve already started working because when people see them, they cross the ‘rat zone’ altogether.”

    But ultimately, Bolanos said, the rat infestation remains the city’s responsibility.

    “I’d like to see if the city is going to do anything. Let’s see in the next 10 days if the city has an answer.”

    Bolanos suggested adjusting the city’s trash pick-up guidelines as a means of cutting down on the amount of time that rats have to feed on the trash laying around. He also said he wants residents to wait until two hours before pick-up to put garbage outside. 

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    Bolanos even helped organize a mid-August training session for supers, building owners, tenants and others on the Upper West Side concerned with how to better fight the critters. The “Rat Academy” was instructed by a city health department official, Caroline Bragdon, who told attendees where to look for rats’ nests and how to plug holes that might let the vermin into buildings.

    New York City Councilwoman Gale Brewer, who also helped organize the rat management training, had reportedly secured $50,000 to pay for trash cans with built-in compactors that would be placed around the 76th Street block.

    It was during the Rat Academy that Bolanos first mentioned he would hang up the rat-crossing signs, which he said will serve as a warning to pedestrians that they may encounter dozens of rats scurrying by. 

    Rats aren't a new concern for residents of the West 76th Street area. A report from an association meeting in late May said a professional exterminator was coming to the neighborhood twice a month to help control the rodent population. 

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  • Vote on an iPad? Technology could supplant Voter IDs at polls

    From a continuing series of articles, Who Can Vote?, a News21 investigation of voting rights in America.

    By Alia Conley and Alissa Skelton
    News21

    At a retirement and assisted living home in Denver, voters use an iPad to cast their ballots. New technology can make voting more efficient, and can help verify a voter's identity at the poll even without a photo ID.  But the new electronic wizardry does little to eliminate problems some voters face in registering to vote in the first place. Produced by Alia Conley/News21.


    Discuss this series of stories on the Facebook page for Open Channel, the NBC News investigative blog.


    New technology can make voting a very efficient matter, making it possible to verify a voter's identity at the poll even without a photo ID.  But the new electronic wizardry does little to eliminate problems some voters face in registering to vote in the first place.

    Electronic poll books, which contain computer software that loads digital registration records, are used in at least 27 states and the District of Columbia. Poll books are emerging as an alternative to photo ID requirements to authenticate voters’ identity, address and registration status, when they show up at polling places to vote.

    Voting is the same, but signing in with electronic poll books is different. Poll workers check in voters using a faster computerized version of paper voter rolls. Upon arrival, voters give their names and addresses, or in some states, such as Iowa, they can choose to scan their photo IDs.


    Who can vote? A national News21 investigation of voting rights in America.
    Is voting fraud a serious problem in American elections? Will new identification requirements at the polls disenfranchise prospective voters among minorities, college students or the elderly? Should ex-felons who've served their sentences be allowed to vote? Are voting machines reliable?

    To report this series of articles, two dozen top student journalists from 11 universities are investigating the impact on American voters of recent changes in election laws and voting procedures in many of the 50 states.

    The series is published by NBCNews.com.


    Georgia and Maryland were the first to use electronic poll books statewide in 2005, said Merle King, executive director for the Center for Election Systems at Kennesaw State University in Georgia.

    Poll books can be used to verify voters’ identity at polling places, but voters can face the same obstacles securing official documents for the electronic books as they do in getting birth certificates, photo ID and related documents to register to vote.

    Ken Kline, auditor for Cerro Gordo County, Iowa, is neutral about laws that require photo ID at the polls. But he said his Precinct Atlas, which is an electronic poll book, does a far better job of identifying a person than a poll worker glancing at a picture that might be outdated.

    Minnesota Secretary of State Mark Ritchie and his bipartisan Election Integrity Task Force proposed using poll books to connect voter registration from the state elections division and cross-reference that database with photos from the state department of motor vehicles. This wouldn’t help people who lack driver’s licenses. In November, Minnesotans will decide whether to require photo ID at the polls.

    From paper ballots to voting machines, the technology for elections has advanced, but has been behind the curve, said Doug Lewis, executive director of the Election Center. Now with electronic poll books, technology can verify who votes.

    For the November elections, the majority of Americans’ votes still will be cast on paper ballots and counted by optical or digital scanners. Disabled voters will cast ballots either with the aid of another person or on electronic machines designed to help them. In more than 30 states, voters will have some paper record of their vote, while voters in 11 states will cast votes with no paper at all, according to Verified Voting, a Carlsbad, Calif.-based nonprofit organization that tracks machine voting and advocates for verified paper trails.

    Voting machines malfunction and have been known to fail to record votes, add or subtract votes to various candidates, or simply overheat.

    Though these new technologies can help verify voters’ identities and give added accessibility, no voting system to date has proved immune to problems.

    Electronic poll books
    Just as contacts are stored in a phone, an electronic poll book records voters on a searchable, digital list that lets poll workers retrieve and verify a voters’ name, address, birth date and political party.

    In Iowa, the computer system prints labels with voter information to place on a check-in sheet. Voters are handed the correct ballot based on their precincts and party affiliation. Poll workers can immediately fix or change any information in the database.

    Kline said the poll book protects voting rights and election integrity by verifying the correct precinct, expediting voting and allowing voters to easily register or change political parties on Election Day.

    He created the Precinct Atlas specifically for Iowa three years ago. The Iowa Secretary of State awarded $30,000 to develop the software, used by 55 percent of Iowa’s 1,700 voting precincts. Each poll book precinct has computers, printers and ID scanners. The initial technology and computer hardware costs about $1,500 to $3,000 for each precinct.

    Larry Haake, registrar for Chesterfield County, Va., which includes part of Richmond, said poll books have cut down on waiting times in the county’s 73 precincts.

    “Voters love it because they walk in, go to any line, get checked in quickly and are in and out. Poll workers say the same thing. You don’t get the lines backing up, you don’t have people grumbling.”

    Poll books need Internet connection, and many rural precincts don't have wireless or dial-up Internet, said Riley Dirksen, who supervises information technology for Cerro Gordo County, where Iowa's Precinct Atlas was created.

    The federal government regulates voting machines, but doesn’t have standards or testing procedures for electronic poll books because the devices neither capture nor count votes, said Kennesaw State's King. He sees this as a problem because poll books should be tested by someone other than the person who set up the poll book.

    iPads used as ballot-marking devices
    While electronic poll books run software that speeds up lines and verifies voters at polls, new hardware also helps make voting more accessible and transparent.

    News21 is a program of the Carnegie Corporation of New York and the John S. and James L. Knight Foundation that is helping to change the way journalism is taught in the U.S. and train a new generation of journalists capable of reshaping the news industry. It is headquartered at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University. Since 2006, nearly 500 top journalism students in the U.S. have participated in the landmark national initiative.

    Oregon and Denver use iPads as ballots; Denver for seniors and voters who have disabilities and Oregon for the disabled. Oregon votes by mail statewide, but election officials provided iPads for voters who would benefit from them.

    Both states use software from Everyone Counts, an election technology company that provides software to ensure secure elections and has conducted elections in Chicago, Honolulu, Colorado, Utah and West Virginia. Other states are looking to Oregon and Denver to see if they can implement the new method.

    So far, iPads aren’t being used to verify a voter’s identity. Amber McReynolds, Denver's director of elections, said her agency tested a voter database on iPads, but based on screen size and usability, the agency preferred laptops or paper for poll books.

    Disabled voters who live in Oregon’s 1st Congressional District used Apple-donated iPads first. More than 200 voters used the iPads for the November and January special election. The pilot program went so well, every county now has an iPad for future elections.

    Once a voter indicates his or her choices, the ballot is printed, so there is paper proof of the vote. Oregon Secretary of State Kate Brown said her state was the first to use an iPad for elections.

    The iPads meet the federal requirements for voters who have disabilities. Voters can enlarge text for easier reading, use headphones to listen to a computer voice read the ballot and in Oregon, voters with cerebral palsy can use their breathing to control the device.

    “It’s a very adaptable tool,” Brown said. “A couple of the citizens that I watched vote loved the iPad technology, even if they haven’t used a computer before. It’s so simple that kids can use it, babies can use it.”

    The city and county of Denver followed. Clerk and Recorder Debra Johnson applied to the Colorado Secretary of State’s office for a $12,900 Help America Vote Act grant for seven iPads and printers to use at residential centers.

    McReynolds said when she went to voting sites, she saw that once people got the hang of the delicate touch needed to operate the iPad, they voted easily and liked the technology.

    Vonsella Scott, who lives at Denver’s Porter Place Retirement center, used an iPad for the first time when voting in the June primary.

    “I have a little difficulty in writing, due to a stroke, and it just was easier for me,” said Scott, 84. “It was enlarged if you needed it and explained very well.”

    Not only are the iPads more portable, but they are cheaper than their large, clunky voting machine counterparts.

    “An iPad, these are about $400 or $500. Whereas a voting machine could cost $4,000 or $5,000,” McReynolds said. “There’s a significant difference in price and these can be utilized for other functions as well. It’s a step in the right direction to expand the use of technology in elections.”

    Ballot TRACE
    Another new technology, a tracking system for mail-in ballots can increase ballot security and calm voters’ worries by texting or emailing voters the location of their ballot every step of the way.

    An often-heard concern about mail voting is the uncertainty of the location of the voter’s ballot. Johnson, the Denver clerk and recorder, said she wants to make elections more transparent and says that can be done with new mail-voting technology launched in 2009: Ballot TRACE, which stands for Tracking, Reporting and Communication Engine.

    “Our No. 1 call that we received in our call centers was ‘Where’s my mail ballot?’ or ‘Did you get it?’ or ‘Is it coming?’ or ‘Has it been counted?’” McReynolds said.

    Using Denver software company i3logix and working with the U.S. Postal Service, the elections department offered voters a way to know where their vote is at all times — from the first printing to when it’s counted.

    On each ballot envelope is an intelligent mail barcode (IMB), that the post office can scan to register when the ballot is about to be sent to the voter or when it has returned.


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    Voters can sign up for the tracking service to notify them of their ballot’s location via text message or email. McReynolds said about 12,000 voters are currently signed up. They will automatically receive text messages about when their ballot will arrive, reminders to send it back and updates on when the vote is processed. That technology is available to people who have access to a computer or cell phone.

    Denver is the only city with this type of automatic service, said Steve Olsen, executive vice president of i3logix. Oregon also offers a tracking service for voters, but they must log in on the secretary of state’s website.

    The technology helps McReynolds' office stay accountable for the ballots, she said, because it lets her know if problems arise, such as if the post office hasn’t sent a stack of ballots to a certain ZIP code. She said the service can prevent errors, such as voters forgetting to sign ballots, the elections department needing to see an ID or undeliverable ballots.

    Olsen said there have been few problems, and those get corrected quickly. “Generally when problems do occur, it’s when the printer mixes up a barcode with a data file,” he said.

    The cost is based first on a setup fee, and then processing registered voter data. Olsen said the service costs a nickel a voter.

    “The same comments kept coming up – voters don’t have any confidence in the mail, they feel like it’s being corrupted,” he said. “It’s technology that’s been around, we just put them together.”

    Michael Ciaglo and AJ Vicens of News21 contributed to this article. AJ Vicens was an Ethics and Excellence in Journalism Foundation Fellow this summer for News21.

    Discuss this series of stories on the Facebook page for Open Channel, the NBC News investigative blog.

    Or send feedback to News21.

  • Detectives: Marine wife Brittany Killgore died during sexual attack

    New search warrants unsealed in the murder case of a Marine wife reveal that, according to detectives, Brittany Killgore was an unwilling participant in sadomasochistic sexual activity involving the three suspects accused of killing her.

    AP Photo/San Diego County Sheriff's Department

    Brittany Killgore was reported missing April 14. Her body was found a few days later.

    The San Diego, Calif., North County Superior Court released 22 search warrants in the Killgore murder case on Wednesday. The documents had previously been sealed at the request of the San Diego County district attorney.

    Dorothy Grace Marie Maraglino, 36; Jessica Lynn Lopez, 25 and U.S. Marine Staff Sgt. Louis Perez, 45, have pleaded not guilty to murder charges in the killing of 22-year-old Killgore.

    For more, visit NBCSanDiego.com

    Killgore was last seen April 13 wearing a purple evening gown. Four days later her body was found abandoned near Lake Skinner in Riverside County.

    Last week, an amended complaint was filed, adding new allegations to the murder charges, The North County Times reported.

    The complaint also accuses the three suspects of conspiring to kidnap, torture and sexually assault Killgore. The allegations stem from what investigators believe is the alternative sexual lifestyle the three suspects participated in.

    Warrants in Marine wife murder case reveal text messages, sex dungeon

    In the 22 search warrants obtained Wednesday by NBC 7, detectives say they believe Killgore was killed during sexual activities with the suspects, right before her body was taken to Lake Skinner.

    Detectives believe Perez never intended to take Killgore on a dinner cruise because he picked Killgore up from her apartment after the boat would’ve already departed, at approximately 7:37 p.m.

    Search warrants reveal Perez and Killgore’s telephone records show their phones were being used in the Fallbrook area when they were supposed to be in San Diego that night.

    Warrants also show that Killgore sent a text message to a friend asking for help 13 minutes after she was picked up by Perez. Soon after, additional text messages were sent from Killgore’s phone that weren’t consistent with her normal texting style.

    In the warrants, detectives say Killgore’s cell phone appears to have been turned off for approximately two hours on the night of April 13, between 8:14 p.m. and 10:10 p.m. Detectives believe Perez and his accomplices turned off Killgore’s phone during that time so they could kill her and dispose of her body.


    The documents confirm Killgore had injuries on her neck, consistent with being strangled, as well as injuries on her wrist and leg.

    The warrants also reveal detectives found a receipt for cleaning supplies purchased on April 13, the day Killgore disappeared.

    In four search warrants unsealed in July, investigators said they found evidence that an SUV owned by Perez had been used to dump Killgore's body in Lake Skinner.

    A shopping bag containing blue latex gloves and a stun baton were also found during the investigation according to the warrants. Both the bag and the gloves had a red substance on them that tested positive for blood, the documents show.

    Brittany Killgore, slain wife of Marine, texted 'help' on night of disappearance, prosecutor says

    In the warrants, investigators say that San Diego County Crime Lab technicians confirmed the blood to be "a match for the DNA profile of Brittany Killgore."

    On April 17, detectives attempted to contact Maraglino at a Point Loma hotel after a vehicle registered to her was located in the parking lot.

    Once officials gained access to the hotel room, they spotted blood on the bed and saw a woman who identified herself as “Rosalin” inside, the search warrants document.

    "Rosalin" was later identified as Jessica Lopez.

    Disturbing finds inside hotel room
    Also inside the hotel room were large knives in the bathroom and a note on the dressing area mirror stating, “Pigs read this,” the documents show.

    On the dressing table officers said they found a seven-page handwritten letter that began: “I’m sorry Mistress I know you would’ve tried to stop me…You have the wrong f--king person,” according to the warrants.

    The letter went on to say “I hid the body of that whore in plain sight," investigators stated in the warrants. One of the search warrants contains the note, which describes the injuries Killgore reportedly suffered and how she was murdered.

    The search warrants also reveal more about the unusual sexual activity that prosecutors say was happening at a home on East Fallbrook Street, the residence of Maraglino and her roommate Lopez.

    According to the warrant, an ex-girlfriend of Perez allegedly told police they were involved in bondage, whipping, cutting and spanking.

    She told police that on one occasion a female was held in the sex dungeon and not allowed to leave without Perez’s permission, according to the search warrants.

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  • Connecticut house explosion kills one, injures two

    An effort to fix a propane leak ends in tragedy when the house exploded, killing one man and injuring two others. WVIT's Ilana Gold reports from Connecticut.

    One man was killed and two others were critically injured after an apparent propane explosion at a home in Connecticut Wednesday.

    Police said the homeowner, John Wilkinson, 46, called his friend, Anthony Fratino, 47, to help fix a propane leak in the water heater in the basement of his home in New Milford, Conn.

    The explosion happened around 6:40 p.m., according to reports.

    Fratino was killed instantly, officials said. Wilkinson and Fratino's 9-year-old son, Nicholas, who was at the home at the time, were rushed to Danbury Hospital in Danbury Conn., with severe lacerations and burns.

    Nicholas, police said, will soon be transported to a hospital in Boston, more than 150 miles away.

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    Wilkinson is being treated at the burn unit of Bridgeport Hospital, in Bridgeport, Conn.

    Wilkinson’s wife, Alice, and their two kids reportedly left the home shortly before the explosion and were at a neighbor’s house. Police investigators said Wilkinson had told his family to leave the house when he smelled propane. It was not clear where the family is staying now.

    Bits of rubble were scattered over a wide area where the two-story farmhouse had stood. All that is left of the Wilkinson family home now is the chimney, NBCConnecticut.com reported.

    “It’s just an incredible site; there’s nothing left of the house,” New Milford Police Department Spokesperson Lt. Lawrence Ash told The News-Times in Danbury. “I’ve never seen anything like this.”

    After the blast, police and fire crews searched the rubble for any remaining victims. While they determined no one else was at the house at the time it was leveled, Ash said police still plan to use a cadaver dog to make sure there were no human remains at the site.

    Watch the most-viewed videos on NBCNews.com

    Police ordered onlookers away from the scene because they feared asbestos particles from the house may be in the air, Ash said.

    Some New Milford residents say they heard the explosion from miles away.

    “It shook my entire house,” another neighbor, Patricia Bailey told NBCConnecticut.com. “I had no idea what that was.”

    “I thought a plane or car ran into our house,” Eric Bailey, who lives near the ruined house, told The News-Times. “The entire house just – boom, shook.” 

    Officials advise anyone who smells a gas leak in their house, workplace, or around any gas equipment or appliance to leave the area immediately and call a trained propane service person and the fire department. 

    New Milford is in western Connecticut close to the New York state border.

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  • Ex-Marine Angela Madsen on her journey from homelessness to the Paralympics

    Retired U.S. Marine Angela Madsen once lived out of a locker at Disneyland. But the 52-year-old paraplegic turned her life around and has since rowed across the Atlantic and Indian Oceans. She's now competing for Team USA at the Paralympic Games in London.

    LONDON -- Angela Madsen's journey to the London 2012 Paralympics is nothing short of extraordinary.

    Complications following a back injury she sustained while serving in Marine Corps at the age of 20 led to her becoming a paraplegic when she was in her 30s.

    Bound to a wheelchair, she fell into a deep depression. She lost her job. Her marriage dissolved.


    "I lost my house ... I ended up homeless, kept my things in a locker at Disneyland. Happiest place on earth, right?" she told NBC News at the USA track-and-field training camp at RAF Lakenheath, near Cambridge, England, last week.

    But the native Californian missed surfing, so she set out to find a way back to the water, determined to turn her life around.

    Some of the hottest tickets at the London Paralympics are for wheelchair rugby. The sport is so violent and fierce, that it has been dubbed "Murderball."

    "I started taking responsibility … and started making the changes and decisions to move positively forward in my life,” she said.

    Now, her definition of a disabled person is "somebody who doesn't believe they can and doesn't try.”

    'Meet the Superhumans': Paralympians burst onto world stage

    She competed in the 2006 world surfing championships and then fell in love with rowing.

    She turned this hobby into history by rowing across the Atlantic and Indian Oceans.

    Ahead of the London Paralympics, L.A. Galaxy midfielder David Beckham spent a day learning blind soccer from Team Great Britain.

    "I didn't row across my first ocean until I was 47,” she said with a laugh.

    "I have six Guinness World Records for rowing oceans. I've circumnavigated Great Britain ... I've been places on this planet that no human being has ever been before. A thousand miles from land in any direction ... it's been a pretty amazing life."

    Read Angela Madsen's profile at the Paralympic Games' website

    Next year, she plans to row solo across the Pacific Ocean.

    Madsen rowed for Team USA in the Beijing Paralympic Games, narrowly missing the podium. "I missed the medal rounds by 7-hundredths of a second.”

    Centra "Ce-Ce" Mazyck, who was paralyzed during a parachute jump with the 82nd Airborne in November 2003, will compete in the javelin at the London Paralympics.

    In the London 2012 Paralympic Games, the 52-year-old is trying her hand at track and field events, competing in the women's shot put and javelin.

    "I don’t have any regrets about anything. If I could go back and change anything I wouldn't, except for the amount of pain I have with the rods in my back,” Madsen said. “That could definitely go. But I can’t foresee change in anything. I'm very, very satisfied with the life that I have now."

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  • Evacuations continue as Isaac is downgraded to tropical depression

    Gerald Herbert / AP

    Officials intentionally breached a levy Thursday to alleviate trapped floodwater in the community of Braithwaite, La., in the aftermath of Hurricane Isaac.

    Updated at 1:24 a.m. ET: Up to 50,000 people in Louisiana's Tangipahoa Parish were ordered to evacuate Thursday when water from Isaac -- which by late afternoon had weakened to a tropical depression -- threatened to overwhelm a dam across the state line in Mississippi.

    Bing Maps

    The dam at Percy Quin State Park in Mississippi is located at the southern end, seen here with a blue bullet.

    By late Thursday, the Percy Quin State Park dam, located about 100 miles north of New Orleans, was no longer an imminent threat, dam safety engineer Dusty Myers said.

    Mississippi officials, for their part, said they didn't think the volume of water in the 700-acre lake at Percy Quin State Park near McComb, Miss., would add enough flow to threaten communities downstream.

    And Gov. Bobby Jindal said that if the dam were to break, a natural flood plain would prevent communities in Louisiana from being flooded. 

    Officials by late Thursday afternoon had started a controlled release from the dam to minimize flooding.

    John Moore / Getty Images

    A family fleeing the potential dam break waits to enter a shelter in Kentwood, La., on Thursday.

    Hundreds were evacuated in darkness overnight while new areas in southern Louisiana flooded as Tropical Storm Isaac crawled north. Its eye was heading toward Arkansas, but its heaviest rain bands were now moving over Mississippi.


    "We still have people penned in both (Plaquemines and St. John) parishes," Lt. Col. Michael Kazmierzak, a Louisiana National Guard spokesman, told The Weather Channel Thursday morning. "We're still assisting with evacuations in both of those parishes."

    "The big thing we've been doing through the night is with St. John's," he said. "We've assisted locals with evacuations of more than 3,000 people" there.

    "The weather was definitely a major part of the difficulty," he added, "but when you get into darkness that creates a problem of its own, just being able to see and identify where the people are located."

    NBC's Lester Holt reports from Braithwaite, La., where Isaac left flooded streets, downed lines and people stranded.

    Protected by federal levees, central New Orleans appeared to have escaped the worst of the storm, but rural areas of Louisiana and neighboring Mississippi were swamped and power outages widespread.

    The first death from Isaac was reported in Mississippi early Thursday. A tow-truck driver died after a tree fell on his cab while he was trying to move a large tree from a main street in Picayune.

    Two other deaths were confirmed Thursday evening; a man and woman were found floating in a flooded kitchen in Braithwaite, La. "Unfortunately, I believe we will find more bodies, " Plaquemines County Coroner's chief investigator John Marie told NBC News' Gabe Gutierrez.

    More than 1,800 people died during Hurricane Katrina.

    In Slidell, La., areas that had never flooded, including during Hurricane Katrina in 2005, saw up to five feet of water after drain pumps were overwhelmed.

    Some residents in Slidell, Louisiana are contending with several feet of water from Tropical Storm Isaac.

    Numerous homes and businesses were swamped, and police rescued 145 residents, NBC's Gabe Gutierrez reported from the scene.

    "Water is currently backing up into the city through Bayou Pattasat," Mayor Freddy Drennan said in a statement on the city's website. "The pumps are currently unable to pump the water out as fast as it's coming in. It is anticipated that until Bayou Bonfouca recedes, the city will continue to be inundated with water."

    A downgraded Isaac floods coastal communities and forces new evacuations, but levees still hold.

    Slidell is on the north side of Lake Pontchartrain, north of New Orleans. 

    Around 850,000 homes and businesses across Louisiana and Mississippi were without power Thursday.

    The Red Cross said almost 4,000 people were being accommodated in emergency shelters across Florida, Alabama, Mississippi, Louisiana and Texas.

    Isaac is expected to be a soaker for days. 

    NBC's Kate Snow checks out New Orleans' streets and neighborhoods for damage.

    "It's still pulling up all kinds of Gulf moisture, producing a large shield of rain," said Weather Channel hurricane specialist Carl Parker. 

    "The worst of the rain has spun off to the east and north into Mississippi," added the Weather Channel's Mike Seidel, who reported from Baton Rouge, La., where rainfall was light.

    Meteorologists have found Isaac vexing and tricky to pin down, describing the storm as “disorganized” and “uncharacteristic.”

    George Dubaz, a New Orleans tour guide, put it more simply to Reuters: For him, Isaac was a lumbering "pain in the ass."

    "Most of them blow through and are over with. This one is just hanging around too long," Dubaz said, comparing the storm to "somebody that comes for Mardi Gras and they stay two weeks afterwards."

    President Barack Obama declared federal emergencies in Louisiana and Mississippi late Wednesday to supplement state and local recovery efforts beginning on Aug. 26, according to a White House statement.

    In Plaquemines Parish, a sparsely populated area of south of New Orleans that is outside the post-Katrina federal levee system, dozens had to be rescued when a levee was overtopped Wednesday.

    Officials rescued 145 people from their homes in flooded Slidell, La., where some were trapped in up to six feet of water. NBC's Gabe Gutierrez reports.

    The storm pushed water over the 18-mile levee and put so much pressure on it that authorities on Thursday intentionally punctured the floodwall to relieve the strain.

    Along the shores of Lake Pontchartrain just north of New Orleans, officials sent scores of buses and dozens of high-water vehicles to help evacuate residents.

    Related: Blessing and curse for drought areas due to Isaac
    Related: Resident reports on how post-Katrina defenses saved town
    Related: Stories from the storm: 'They were screaming away'
    Related: Isaac stirs up horrible memories for New Orleans residents

    Isaac arrived seven years after Hurricane Katrina and passed slightly to the west of New Orleans, where the city's fortified levee system easily handled the assault. But, low-lying areas outside the city were harder-hit.

    New Orleans set a daily record of 7.86 inches of rain on Wednesday, The Weather Channel reported, breaking the previous record for an August 29 -- 4.5 inches set by Katrina in 2005.

    On Thursday, the rain was finally letting up in New Orleans but 40 percent of the city was still without power. 

    "We're hearing from stores here that they're planning to open later today," reported NBC News' Danielle Lee. "This area relies on tourism, and they don't want to miss out on that Labor Day weekend travel."

    "The mayor has been calling other stores who are able to sell emergency supplies, generators, things that may help people without power, asking them to please get open as quickly as possible," Lee added.

    Police reported few problems with looting, after New Orleans Mayor Mitch Landrieu ordered a dusk-to-dawn curfew. He lifted the curfew Thursday.

    Forecasters expected Isaac to move farther inland over the next several days, dumping rain on drought-stricken states across the nation's midsection before finally breaking up over the weekend.

    In coastal Mississippi, officials used small motorboats Wednesday to rescue at least two dozen people from a neighborhood Isaac flooded in Pearlington. In addition, the National Weather Service said there were reports of at least three possible tornadoes touching down in coastal counties. No injuries were reported.

    About 5.5 percent of total U.S. refining capacity was still idle Thursday because of Isaac, Reuters reported, although oil and gas companies prepared to reboot their operations as the storm weakened and water receded. The refiners had decided to shut down or run at reduced rates to protect their operations.

    Meanwhile, gas prices jumped again in the wake of the storm; AAA reported they reached $3.82 nationally on Thursday.

    The Associated Press, Reuters, NBC’s Gabe Gutierrez, Thanh Truong and Alastair Jamieson contributed to this report.

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  • One of most dangerous cities in US plans to ditch police force

    Mel Evans / AP

    Police are seen in a downtown shopping area in Camden, N.J.

    One of the most dangerous cities in the U.S. is getting rid of its police department.

    Amid what they call a “public safety crisis,” officials in Camden, N.J., plan to disband the city's 141-year-old police department and replace it with a non-union division of the Camden County Police.

    Camden city officials have touted the move as necessary to combat the city’s growing financial and safety problems. The entire 267-member police department will be laid off and replaced with a newly reformatted metro division, which is projected to have some 400 members. It will serve only the city of Camden starting in early 2013.

    “It’s not a money-saver, it’s living within the budget you’ve got to get more boots on the ground,” Camden County spokesperson Joyce Gabriel told NBC News. “There has been an uptick in violence this year, and the city decided to go with the county’s police department.”


    Camden isn’t the first cash-strapped city to be faced with the decision to eliminate or merge its police department.

    Bernard Melekian, director of the Justice Department’s Community Oriented Policing Services (COPS) office, told NBC News that as communities around the country recover from the recession, police mergers are part of a new reality that will likely continue through the next decade.

    San Bernardino, Calif., files for bankruptcy with over $1 billion in debts

    “This really reflects a much broader issue, which is that the economy is changing the delivery of police services profoundly,” Melekian said, “and those agencies undergoing regionalization and consolidation – in particular, smaller ones that are financially distressed – are going to have to find another way of delivering those core services.”

    'Recipe for disaster'
    Given Camden’s exceptionally high rate of violence (the city recorded this year’s 41st homicide earlier this month), city police officers in danger being laid off say the transition is risky at best.

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    “We’re concerned, we’re definitely concerned,” Camden Fraternal Order of Police President John Williamson told NBC News. “You’re going to create a police department and staff it with people who are unfamiliar with the city and say, ‘Go ahead and fight crime.’ That’s a recipe for disaster.”

    Afflicted by homelessness, drug trafficking, prostitution, robbery and violence, Camden has consistently ranked high among the top 10 most dangerous cities in the U.S. since 1998, according to Morgan Quitno Press, a research firm that compiles statistical data on cities. In 2010, Camden had the highest crime rate in the U.S., with 2,333 violent crimes per 100,000 people, more than five times the national average.

    Camden Mayor Dana Redd underscored the importance of the new, regionalized police force in her proposal for the next fiscal year’s budget.

    “The senseless acts of violence occurring in our city affect every one of us,” Redd said in a statement. “We need to assure our residents that all life matters and that we are serious about making our city safe by expanding the number of boots on the ground. This decision to move towards a Camden Metro Division is being made solely on what is right for our residents – nothing more, nothing less.”

    Baltimore officials are considering plugging budget deficits by selling advertisement space on the side of fire trucks. NBC's Gabe Gutierrez reports.

    Layoffs of the city’s police force will begin by the end of the month, according to the mayor’s office. County officials said that at most 49 percent of the city’s police officers, based on an application process, will be transferred to the new county division under the plan.

    Gabriel said the terms of contract for current officers of the city's police department, which include longevity bonuses, day-shift differentials and other costs, make it too expensive to transfer all of them to the new force, so the rest of the Metro Division will be staffed by new hires. Louis Cappelli Jr., director of the Camden County Board of Freeholders, told NBC News that more than 1,500 people from various states and police backgrounds have already applied for the county positions.

    The new division, to be fully funded by the city of Camden and the state of New Jersey, will begin field training on the streets as early as October for a period of 17 to 19 weeks.

    But no matter how long the training, Rockefeller Institute Director Thomas Gais told NBC News that consolidating into one system and increasing cost-effectiveness takes time.  

    “It’s going to be a disruption at least for a while before some kind of consolidation happens, before the reorganization begins to work as intended,” Gais said. “There’s a tradeoff generally in the responsiveness to local needs and efficiency in reallocating resources, so the question becomes whether the reorganization reduces the quality of service and whether the short-term risk is worthwhile in the long run.”

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    Gabriel said that cities within Camden County have the option to cede their municipal police force to a county department.

    Saving money
    Union officials argue that Camden's move is a way for the city to get out of collective bargaining with police. The county's new metro division officers will be non-union members.

    The police department in Camden has been under state control since 2005, when then-mayor Gwendolyn Faison called for the takeover. The agreement is set to expire at the end of the year, and New Jersey Gov. Chris Christie has thrown his support behind the transition to county control.

    “A county police force that has a reasonable contract and that’s going to provide a huge increase in the number of police officers on the streets here in Camden is a win for everybody,” Christie said at a recent event at Rutgers-Camden University. “I’m willing to put my name on the line for this concept.”

    Other state officials have backed similar initiatives.

    A 2011 report by the Major Cities Police Chiefs Association, a group representing the nation’s 63 largest police forces, found that 70 percent were consolidating some law enforcement functions to compensate for recent budget cuts.

    • Faced with mounting costs and declining revenue, the city of Midvale, Utah, was forced to merge four local police agencies with the Salt Lake County Sheriff’s Department.  
    • In Pennsylvania, the state police are increasingly taking on more patrol duties following the recent closures of municipal departments. Since 2010, at least 33 cities scattered throughout the state have closed or scaled back their agencies, according to state records.
    • Police agencies in Oakland and Detroit have raised concerns about their ability to respond to routine resident burglaries, theft, and public nuisance calls because they were stretched too thin providing support for other agencies. 

    “We’re seeing the economy do a lot of different things to the agencies, which are looking at various forms of consolidation, all of which is driven by the economy,” Melekian said, adding that he knows of at least 100 police agencies around the country undergoing some form of service consolidation.

    Cities that have made the switch from municipal to county or regional forces have reported saving millions of dollars and passing grades on the street, but Melekian said a shakeup of the current system in Camden won't eradicate crime or solve budgetary woes.

    “The consensus seems to be that this saves money, but it does not produce instantaneous savings,” Melekian said. “There are too many issues that need to be resolved, too many expenses, so at some point they’ll have to work through these inefficiencies before they get the results they want.”

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  • Drifter who skinned cat, wore its tail sentenced to two years in prison

    Phoenix Police Dept.

    Russell Christopher Hofstad, 25, was sentenced to two years in prison and four years probation over animal cruelty and burglary charges.

    PHOENIX -- An Arizona drifter who skinned a cat and wore its tail and innards around his neck was sentenced to two years in prison on Wednesday.

    An Arizona Superior Court judge also sentenced Russell Christopher Hofstad, 25, to four years probation on his release, the Maricopa County Attorney's office said.


    Hofstad pleaded no contest last month to a felony animal cruelty charge and guilty to a burglary charge. According to the criminal complaint, police arrested Hofstad in January after he broke into a Phoenix warehouse used as a music venue.

    Cops: Man skinned and ate cat, used tail as necklace

    Officers found the skinned and gutted remains of a cat inside, and Hofstad wearing the cat's tail and a piece of its "internals" around his neck on a rope, with his face painted. Police said he had eaten parts of the cat, while some of its other internal organs were kept in a cooler.

    Hofstad told police he had recently been released from jail and had nowhere to live. He said he had not eaten in a few days, so he hit the cat with a stick and then stabbed it.

    He planned to stuff the animal and save the skeleton "for a decoration for a party."

    Reuters and The Associated Press contributed to this report.

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  • Driver claiming he's 101 hits pedestrians outside Los Angeles school

    Police in Los Angeles, Calif., are investigating whether bad brakes caused an elderly driver to reverse his car into a crowd near a school, injuring 11, mostly children, and leaving one in critical condition. The man said he was 101, but gave a birthdate that would make him 100. NBC's Mike Taibbi reports.

    Updated at 9:25 p.m. ET: A driver who said he was 101 years old jumped a curb and crashed into a group of pedestrians Wednesday afternoon outside a south Los Angeles elementary school, injuring 11 people, mostly children, officials said.

    The accident occurred about 2:30 p.m. just after Main Street Elementary School let out for the day, NBCLosAngeles.com reported.

    "I was backing out of the parking lot (of a grocery store) to go home and lost control," Preston Carter, the driver of the powder blue 1990 Cadillac, said.


    See more about this story at NBCLosAngeles.com

    "It was not on purpose, because I love everybody," Carter told NBCLosAngeles.com. "I put God first."

    KNBC

    A car hopped a curb near a south Los Angeles school just after classes let out Wednesday. Several people were injured.

    His daughter, Rose Jenkins, told the station that she had wanted Carter to stop driving for the past year.

    "I think this is a wakeup call for him and I don't think he will be driving any more," Jenkins said.

    After saying he was 101, Carter gave his birthdate as Sept. 5, 1911, making him only 100.

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    Carter has a current driver's license valid until 2013, the Los Angeles Times reported. He was required to wear corrective lenses while operating a vehicle but had a clean driving record, according to the DMV, the Times said.

    Eleven pedestrians were injured when 100 year-old Preston Carter backed into them with his Cadillac. KNBC's Michelle Valles interviewed Carter and his daughter after the accident.

    Aerial footage provided by the station showed a child in a pink t-shirt being loaded into an ambulance as firefighters and police officers interviewed witnesses at the scene.

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    Los Angeles County USC Medical Center said six accident victims, including five children and one adult, were brought there. The adult was discharged, four children were stable and one child was in critical condition. 

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    The Associated Press contributed to this report.

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  • Isaac stirs up horrible memories for New Orleans residents

    As Isaac lingered outside her door, Connie Uddo was busy Wednesday calling elderly friends in her neighborhood to make sure they were holding up. She, like the majority of New Orleans residents, had no power.

    Kate Snow / NBC News

    Connie Uddo on Thursday, Aug. 30, stands at the non-profit center she started after Katrina.

    “It’s just a tedious, long, arduous storm,” she said.

    Storms are a big part of life in New Orleans. They always have been. There are records of hurricanes hitting the Crescent City as far back as the 1700s.

    But things changed when Hurricane Katrina struck seven years ago — especially for Uddo.

    “Our neighborhood, it was condemned, uninhabitable and unsafe. You had to have a pass to get in,” she said.


    That is something she never wants to live through again — she doesn’t think she could handle it. As Isaac was bearing down, she felt a familiar mixture of dread and anxiety.

    “The wind had me a little freaked out at points last night because our house was shaking a lot and the windows were rattling,” she said.

    Related: Isaac loses steam, but brings flooding, power outages
    Related: 'They were screaming away': Louisiana man recounts rescue 

    Uddo and her kids had evacuated just before Katrina hit. In October of 2005, when she returned to her 90-year-old wood and plaster home, she found a mold-infested mess. The first floor, which they had renovated as rental units, had been under eight feet of water, which took a month to drain out. 

    A downgraded Isaac floods coastal communities and forces new evacuations, but levees still hold.

    “It was horrific. It was shocking. It was something that I never thought I would ever see in my lifetime ... everything was gray.," she said. "It literally looked like a nuclear disaster. There were no birds, insects, squirrels. The silence was just deafening.”

    Uddo thought about leaving for good. She cried — a lot.

    “It wasn’t just the physical loss,” she said. “It was the emotional loss of your community, your social network, your children’s friends.”

    New Orleans Mayor Mitch Landrieu spoke with NBC's Kate Snow at the city's emergency center about improvements in communication since Hurricane Katrina.

    But Uddo decided to move back and rebuild. In January 2006, her family was the first of 10 families in her neighborhood to have electricity.

    Lakeview, she said, was a “green dot” on a city planning map — a place that some planners thought would become nothing but green space with no residential homes. 

    She wouldn't hear of it. "We’re a hundred-year-old neighborhood. You don’t tell a hundred-year-old neighborhood that."

    So she rebuilt, and she convinced others to do the same. Uddo would walk around the neighborhood asking plumbers, roofers, builders and other tradespeople for their phone numbers. Since phone books no longer worked, she compiled a list. She counseled her neighbors at her dining room table. She recruited teen-aged volunteers to come to the neighborhood and clean up the front yards so that returning residents wouldn't be as shocked as she had been when she first drove in.

    Eventually, Uddo opened St. Paul’s Homecoming Center, which still operates and helps residents who fled Katrina. The center has coordinated more than 50,000 volunteers.

    As soon as Isaac lets up enough, probably on Thursday, Uddo plans to go back to the Center and start the cleanup. So far, she hasn’t seen any major flooding in her neighborhood. On a walk earlier Wednesday she checked on the trees she recently planted. They’re tattered, but still standing. The elderly neighbors she called are doing all right too. And for that, she’s thankful.

    “Hopefully tomorrow we’ll be back in action,” she said.

    Wednesday was spent napping, having tea, catching up on laundry and house chores.

    “I really feel blessed. I don’t want to jinx it. It’s not over. But it could’ve been worse.  So many things could’ve happened.”

    The storm has tested the city's post-Katrina flood defenses, leaving many roads impassable and creating a storm surge from Louisiana to Alabama. NBC's Lester Holt reports.

    Uddo thinks a storm like Isaac solidifies her community.

    “Once again we’re a stronger, more unified community because of it. And that’s the silver lining. You come out stronger."

    One of the biggest lessons of Katrina, Uddo said, is that neighbors have to look out for each other. Before Katrina, they never would have coordinated before a storm. On Tuesday night, before the power went out, Uddo and her husband went up the block for a neighborhood gathering. They made plans together about what they would do if the water rose on their streets.

    “At the end of the day, all we have is each other,” she said.

    To contact Uddo's organization, St. Paul's Homecoming Center, please visit their website, or call: 504-644-4125.

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  • Appeals court grants George Zimmerman's request for new judge

    Pool / Getty Images

    Judge Kenneth Lester was asked by George Zimmerman's attorney to disqualify himself from Zimmerman's murder trial.

    A Florida appeals court on Wednesday granted George Zimmerman's request for a new judge.

    Zimmerman, the former neighborhood watch volunteer charged in the fatal shooting of Trayvon Martin, had said the judge presiding over his case has made disparaging remarks about him.

    The Fifth District Court of Appeal wrote in a decision that Circuit Judge Kenneth Lester Jr. should "enter an order of disqualification which requests the chief circuit judge to appoint a successor judge."


    The opinion said: "Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency."

    The appeals court ruling was 2 to 1 in favor.

    The dissenting judge wrote: "Although the trial court's order clearly manifested an exceedingly strong belief by the trial judge that Zimmerman 'flouted' and 'tried to manipulate' the system, I do not believe the order 'crossed the line' so as to require the granting of this motion."

    Read the appeals court ruling (.PDF)

    Zimmerman said in the appeal that he fears Lester is biased against him and he wants a new judge to handle his case.

    Zimmerman is charged with second-degree murder in the Feb. 26 death of the unarmed Martin, 17, of Miami Gardens, in a gated community in Sanford, Fla.

    Watch US News crime videos on NBCNews.com

    Zimmerman has pleaded not guilty, saying he acted in self-defense. He remains free on bail.

    A telephone message left with Zimmerman's attorney, Mark O'Mara, wasn't immediately returned.

    O'Mara had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.

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  • Chilling details of John Lennon shooting recounted at Chapman parole hearing

    New York State Dept. of Corrections

    Mark David Chapman is seen in this May 15, 2012, photo from the New York State Department of Corrections.

    The killer of ex-Beatle John Lennon says he used hollow point bullets to shoot the singer “because they were more deadly.”

    Mark David Chapman retold chilling details of his Dec. 8, 1980, crime during a New York parole board hearing on Aug. 22. He was denied parole for a seventh time the next day and remains at Wende Correctional Facility in western New York. The parole department released transcripts of the hearing Wednesday.


    Chapman said he was living in Hawaii when he decided to target Lennon “because he was very famous.”

    He said he also considered targeting television host Johnny Carson and actor George C. Scott.

    But Lennon was more famous, Chapman said. He insisted he had no anger toward Lennon: “If he was less famous than three or four other people on the list, he would not have been shot.”

    Associated Press

    John Lennon is shown performing Aug. 30, 1972, at New York's Madison Square Garden.

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    Chapman said he bought the gun he used in Honolulu and needed only to show a driver’s license to get it. However, he said he got the hollow-point bullets from an old friend in Atlanta who was a police officer.

    “I made a phone call in New York and the fellow said, ‘you’re not going to get any bullets out of me. It’s just not done here.’”

    He said he told his Atlanta friend he needed the bullets for protection.

    “I didn’t tell him what I was going to do,” Chapman said.

    When asked why he chose hollow-point, Chapman responded “Because they were more deadly.”

    Asked if he wanted to “inflict death,” on Lennon, Chapman responded, “Yes. Absolutely.”

    Watch TODAY's morning news coverage from the day the legendary musician was assassinated outside his New York City apartment building.

    Chapman said he had flown from Hawaii to New York twice to check out Lennon’s apartment building, called the Dakota.

    He said on one trip, he saw the film “Ordinary People,” and called his wife, who was in Hawaii, and told her of his deadly plan but that he decided not to go through with it.

    The compulsion to kill grew again after he returned to Hawaii, so he flew back to New York without telling his wife he planned to kill Lennon, said Chapman, who was 25 at the time.

    Chapman said that on the day he shot Lennon, he staked out the Dakota from before noon and talked to him early in the day.

    “He was very kind to me” and signed an album while his wife, Yoko Ono, waited in a limousine, Chapman said.

    “Very cordial and very decent man,” Chapman said. “… But I was so compelled to commit murder that nothing would have dragged me away from that building.”

    Just before 11 p.m., Lennon and Ono arrived at the apartment building. Ono got out of the car first, Chapman said, and went into the alcove of the Dakota as Lennon lingered at the car a moment.

    “And then when Mr. Lennon passed me I turned, pulled out my weapon and shot him in the back,” Chapman said.

    The record, he said, shows him calling out “Mr. Lennon,” but he told the parole board he didn’t say that.

    “I just shot him,” he said.

    Chapman fired five shots with a .38-caliber revolver, hitting Lennon four times in front of Ono and others.

    There was a scream, and the Dakota doorman, Jose, grabbed Chapman’s pistol, the gunman told the parole board.

    Chapman said he was carrying a copy of J.D. Salinger’s “The Catcher in the Rye” when he shot Lennon. He claimed to identify with the main character, “who seemed to be lost and troubled.”

    While in prison, Chapman said, he has been in his cell writing letters, reading and thinking.

    He also said he has been having conjugal visits with his wife “pretty steady” for 20 years. His wife lives in Hawaii, he said.

    He also said he has a “deep relationship with Christ” that started when he was in a Christian camp at age 16.

    “So this is obviously very embarrassing for me now, having committed murder,” Chapman said.

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    If he were to be paroled, Chapman said, he would go to Medina, N.Y., about 50 miles northeast of Buffalo, where a minister whom his wife met offered to refurbish an apartment and give him two jobs on his farm.

    Chapman said he had corresponded with the pastor but met him just two days before the parole hearing.

    The reason for the crime, according to Chapman: “Attention, bottom line.”

    He said he received the attention but now he feels it was an “absolutely ridiculously selfish act to take another human life so that I could be pumped up into, you know, something that I wasn’t to begin with.”

    He also told a parole commissioner, “Fame is ridiculous. It holds no value.”

    “It was a very selfish act and I deeply regret it,” Chapman told the board. “I’m sorry for my crime.”

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