Peeping tom suspect nabbed at Forever21 store at Sawgrass Mills mall

A suspected “peeping tom” was arrested Sunday after he was caught with video of women trying on clothes at the Forever21 store at the Sawgrass Mills mall.

Andre Clements, 30, has been charged with video voyeurism and disorderly conduct, Sunrise police said.

A manager at the store became suspicious when Clements, 30, was caught loitering in the dressing rooms. Customers also complained about Clements.

The manager alerted mall security, who called Sunrise police. When police arrived, the manager found several large slits in the curtain which separated the fitting room Clements was in and the adjoining fitting room.

In Clements possession police found a Sony camcorder with videos of young women changing clothes.

Clements admitted taping the women just before police had arrived.

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Zynga carries out planned games shutdown, including “Petville”

SAN FRANCISCO (Reuters) – Social games publisher Zynga Inc confirmed on Monday that it has carried out 11 of the planned shutdowns of 13 game titles, with “Petville” being the latest game on which it pulled the plug.

Zynga in October said it would shut down 13 underperforming titles after warning that its revenues were slowing as gamers fled from its once-popular titles published on the Facebook platform in large numbers and sharply revised its full-year outlook.

The San Francisco-based company announced the “Petville” shutdown two weeks ago on its Facebook page. All the 11 shutdowns occurred in December.

The 11 titles shut down or closed to new players include role-playing game “Mafia Wars 2,” “Vampire Wars,” “ForestVille” and “FishVille.”

“In place of ‘PetVille,’ we encourage you to play other Zynga games like ‘Castleville,’ ‘Chefville,’ ‘Farmville 2,’ ‘Mafia Wars’ and ‘Yoville,’” the company told players on its ‘PetVille’ Facebook page. “PetVille” players were offered a one-time, complimentary bonus package for virtual goods in those games.

“Petville,” which lets users adopt virtual pets, has 7.5 million likes on Facebook but only 60,000 daily active users, according to AppData. About 1,260 users commented on the game’s Facebook page, some lamenting the game’s shutdown.

Zynga has said it is shifting focus to capture growth in mobile games. It also applied this month for a preliminary application to run real-money gambling games in Nevada.

Zynga is hoping that a lucrative real-money market could make up for declining revenue from games like “FarmVille” and other fading titles that still generate the bulk of its sales.

Zynga shares were up 1 percent at $ 2.36 in afternoon trade on Monday on the Nasdaq.

(Reporting By Malathi Nayak; Editing by Leslie Adler)

Gaming News Headlines – Yahoo! News

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Somber farewell for man pushed to his death in subway

Friends of the hardworking, humble immigrant shoved to his death last week in front of the 7 train by a Muslim-hating madwoman today gathered for an emotional farewell in Queens at the Coppola-Migliore funeral home in Flushing.

Sunando Sen, 36, was remember as a man of “quiet strength” by Lorcan Otway, a lawyer and longtime friend, who noted that Sen years ago left Bangladesh to escape oppression, and was involved in human rights issues here, helping Hindus.

Sen’s mentally ill alleged killer, Erika Menendez, 31, has told cops she pushed Sen because she hates Muslims and Hindus.

Matthew McDermott

Farewell for subway push victim Sunando Sen.

“He didn’t have a hateful bone in his body,” Otway said of Sen. “He approached everything with a calmness. The remarkable man he was should teach us a lesson. I wish people could know the greater loss to the community.”

Sen’s body, wrapped in cloth and covered with flowers, lay in a blue-grey casket. Sarker and others recited traditional prayers, chanted and burned incense. They put bananas and rice in his casket, followed by yogurt and milk – a sendoff ritual meant to give Sen what he needs as he travels into the next world, friends said.

Sen had no family here, and his parents in India have died. But he fashioned a family from the friends he made in New York, said Bidyut Sarker Sen’s boss at the Manhattan print shop where he’d worked for 15 years.

"I feel like I lost a family member. The neighborhood, the shop, was his family,” said Sarker, who helped pay for Sen’s burial. “Customers are coming in and crying. "

Sen, whom friends said had recently opened his own printing shop on Amsterdam Avenue, was “a gentleman” and exceptionally smart. He got a scholarship to New York University and earned a master’s degree in economics, and was trying for a PhD at Columbia before dropping out because he couldn’t afford it, friends said.

Sen taught himself graphic design, Sarker said, and was “extraordinarily talented,” Otway noted.

“He was working well below his education,” Otway said.

Sen’s body was cremated at a cemetery after the ceremony.

Meanwhile yesterday, police said they were called by Erika Menendez’s family members at least five times prior to last Thursday’s train-shoving because Menendez had gone off her prescribed meds.

Menendez is being held without bail. She has replaced her court-appointed lawyer Queens lawyer Joseph DeFelice. He did not return calls.

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Florida colleges a bargain, says Kiplinger

Though Florida’s in-state tuition costs more than double what it did only a decade ago, many of the state’s public universities are still a good value, according to the latest annual “Best Values in Public Colleges” list compiled by Kiplinger’s Personal Finance.

Florida schools have long fared well in the magazine’s rankings, with this year being no exception. Six of Florida’s 12 state schools made the top 100, with two — the University of Florida and New College of Florida in Sarasota — keeping their place in the top 10, though both schools slipped slightly from their spots a year ago.

UF landed at No. 3 in this year’s rankings, down from No. 2 last year. New College, meanwhile, slipped two spots from No. 5 to No. 7.

In the case of both schools, Kiplinger’s praised what it described as a combination of strong academics and relative affordability. Though Florida’s price of tuition keeps rising, it is still among the lowest in the country — 40th out of 50 states, according to the College Board.

Kiplinger’s also noted UF’s strong retention rate.

“Students stick around, with only 5 percent leaving after freshman year,” the magazine wrote. “And although Florida is a big school — with 16 colleges, more than 150 research centers and institutes, and the largest undergraduate enrollment in our top 10 — it’s still selective, with a 43 percent admittance rate.”

New College is the complete opposite of UF in terms of size (it enrolls less than 850 students) but Kiplinger’s found it also offers “solid academics” along with the lowest total cost of attendance — $16,181 — of any of the top 10 schools. That figure combines the $6,783 annual tuition and fees with other college expenses such as room and board.

Lower in the Kiplinger’s rankings, four other Florida schools were also recognized. Florida State University came in at No. 26, the University of Central Florida landed at No. 42, the University of South Florida was No. 57 and the University of North Florida was No. 64.

Braulio Colón, executive director of the Florida College Access Network, said Florida families looking for a tuition bargain shouldn’t limit their search to state universities. Florida’s community colleges, Colón said, are high-quality, cost about half as much as state universities, and boast a guaranteed-transfer agreement that is the envy of many other parts of the country. Students who earn an associate in arts degree from a Florida community college are guaranteed admission to a state university, though it may not be to the student’s preferred school.

Long term, Colón said, Florida must overhaul its student financial aid system if it wants to maintain college affordability. The state’s largest college aid program is Bright Futures scholarships — some of which are awarded to affluent families who could afford to pay for college on their own. Helping students with demonstrated need must become more of a priority, Colón said, or college costs could eventually spiral out of reach for some families.

“We are at a turning point, right now, as a state,” Colón said.

To see the Kiplinger list go to: http://www.kiplinger.com/reports/best-college-values/

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As 500th anniversary nears, cities vie for title of Ponce de Leon’s landing spot

ST. AUGUSTINE --
— Where did that most ambitious conquistador, Juan Ponce de Leon, wade ashore five centuries ago and name his prize "La Florida?" Inquiring minds all over our state would like to know, the sooner the better, for planning purposes.

With the big day approaching — the anniversary arrives on April 3, 2013 — what east-coast beach city gets to shoot off the fireworks? If King Juan Carlos I of Spain graces us with a visit, where will he and Gov. Rick Scott shake hands? This being Florida, where communities joust like 16th-century knights for tourist dollars, it’s important.

In a perfect world, someone would step forward, bow gallantly and unroll Ponce’s original log and answer all questions. Alas, the log has been lost to historians since before Shakespeare’s time.

Grab your sharpest rapier and don your shiniest armor. Load the blunderbuss and polish the shield. In a tale fit for the Bard, brace yourself for the Ponce wars.

For our purposes, think of the northeast Florida city of St. Augustine as the Capulets. Melbourne Beach, a few hours south, can serve as the Montagues.

Without evidence everyone can accept as gospel, folks from both cities can claim Ponce celebration rights.

Cities all over Florida have streets, schools and springs named after Ponce. But no place has celebrated the Spaniard as long as St. Augustine. Founded in 1565 by another famous conquistador, Pedro Menendez de Aviles, it’s North America’s oldest continuously inhabited city. In 2011, its reputation for Spanish colonial heritage brought in $669 million in tourism.

It’s always been mad about the mysterious dude who accompanied Christopher Columbus to the Indies on his 1493 voyage, battled natives, found gold, got filthy rich, became Puerto Rico’s first governor, lost his job, but somehow stayed in the good graces of Spain’s King Ferdinand I, who encouraged Ponce to do some more exploring.

He named the island he thought he had encountered "La Florida" because it was a verdant place. It was also around Easter, the feast of flowers in Spain.

St. Augustine’s best known tourist attraction, and one of Florida’s oldest, is named for the spring supposedly sought by Ponce, the Fountain of Youth. Florida’s first grand hotel, the Ponce de Leon, built by Standard Oil magnate Henry Flagler in 1888, is now part of the Flagler College campus. Finally, no town in North America boasts as many Ponce statues, three at the present, with another to be unveiled in April.

St. Augustine will be celebrating Viva 500 all year. But on anniversary day it will hold a re-enactment and a ceremony at the Cathedral Basilica. Santiago Baeza Benavides — the mayor of Ponce’s hometown in Spain — is bringing a replica of the font in which the conquistador was baptized in 1474.

Take that, Melbourne Beach.

About a year ago, a publicist for the St. Johns County Visitor and Convention Bureau headed for New York to drum up some national media buzz. On her "come to St. Augustine in 2013" visits with newspaper and magazine travel editors, Barbara Golden brought a secret weapon.

Ponce de Leon.

His real name is Chad Light. A doctoral history student at the University of Florida, he works at the Fountain of Youth Archaeological Park in St. Augustine. In addition to serious history pursuits, he entertains tourists by playing Ponce in re-enactments. He’s 46, muscular and swash-buckling handsome, with a Spaniard’s dark hair and eyes. He dresses like Ponce and answers visitor questions as Ponce in Spanish-inflected English. For the record, he also speaks perfect Castilian Spanish, thank you.

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Skyfall Passes One Billion Mark at Box Office

Skyfall is not only the highest grossing Bond film of all-time, it has just become the 14th film ever to earn more than one billion dollars at the box office.

RELATED - 12 Best Movies of 2012

The 23rd Bond film crossed this milestone on December 30, with Sony vice chairman Jeff Blake saying, "To see a film connect with audiences is always gratifying, but the success of this film is nothing short of extraordinary. After 50 years of entertaining audiences all over the world, Skyfall is the most successful James Bond film of all time."

VIDEO - Daniel Craig Talks Skyfall & Showing Skin

Skyfall is the third film released in 2012 to earn more than one billion dollars; The Avengers ($1.51 billion) and The Dark Knight Rises ($1.08 billion) crossed the magic mark earlier this year.

Avatar remains the highest grossing film of all-time, with $2.7 billion, while James Cameron also holds the second spot as well thanks to Titanic's $2.1 billion. The Avengers swooped up third, Harry Potter and the Deathly Hallows Part 2 worked its magic in fourth ($1.3 billion) and Transformers: Dark of the Moon ($1.3 billion) rounds out the top 5. Here are the remaining films to have crossed the billion dollar mark:

6. The Lord of the Rings: The Return of the King ($1.119 billion)

7. The Dark Knight Rises ($1.081 billion)

8. Pirates of the Caribbean: Dead Man's Chest ($1.066 billion)

9. Toy Story 3 ($1.063 billion)

10. Pirates of the Caribbean: On Stranger Tides ($1.043 billion)

11. Star Wars: Episode I - The Phantom Menace ($1.027 billion)

12. Alice in Wonderland ($1.024 billion)

13. The Dark Knight ($1.004 billion)

14. Skyfall ($1.000 billion)

Skyfall is expected to surpass several higher earning films as it has yet to open in China yet.

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Hillary Clinton admitted to hospital with blood clot following concussion

WASHINGTON — Secretary of State Hillary Rodham Clinton has been admitted to a New York hospital after the discovery of a blood clot stemming from the concussion she sustained earlier this month.

Clinton spokesman Philippe Reines says her doctors discovered the clot during a follow-up exam Sunday. Reines says Clinton is being treated with anti-coagulants.

Clinton was admitted to New York-Presbyterian Hospital so doctors can monitor the medication over the next 48 hours.

Reines says doctors will continue to assess Clinton’s condition, “including other issues associated with her concussion.”

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Week brings startup launches, social media advice for 2013

Jared Kleinert, a South Florida entrepreneur, plans to soon launch Synergist, a platform that allow social entrepreneurs to meet potential co-founders online, collaborate and crowdfund their new projects. He also just launched AliveNDead, a blog about risk-taking, and he interns for a Silicon Valley startup.

And when he’s not doing all that, he’s going to class — he’s a junior at Spanish River High School in Boca Raton.

Lester Mapp is CEO and founder of the new Miami-based startup called designed by m. His team has just designed a sleek, ultra-thin aluminum iPhone bumper and launched the project on Kickstarter. After just a few days, Mapp is already more than a third of the way to his $20,000 fund-raising goal.

Read about both these entrepreneurs on The Starting Gate blog, where there’s also a post on the most pressing issues facing small businesses in the coming year — taxes, healthcare, lending and a skilled worker shortage, for starters.

And as you are ringing in the New Year, you may be resolving to beef up your business’ social media strategy. Susan Linning's guest post offers five top tips for boosting your social media effectiveness. Among them: Go beyond retweets and make your posts original, fun and personal (but not too personal.) Use visuals, too. Find this and other news, views and tools for entrepreneurs on the blog, which is at the bottom of MiamiHerald.com /business.

Follow me on Twitter @ndahlberg and Happy New Year to all.

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Judge orders state to pay attorney fees in drug test case

TALLAHASSEE --
Florida’s attempt to drug test employees will cost taxpayers $190,589.74 after a federal judge in Miami on Friday ordered the state to pay attorney fees in a case challenging an executive order issued by Gov. Rick Scott last year.

U.S. District Court Judge Ursula Ungaro ordered the payment to the American Federation of State, County and Municipal Employees Council 79, which filed suit in May 2011. The union is plaintiff in the lawsuit challenging Scott’s ability to randomly drug tests workers in agencies his office oversees.

But Ungaro on Friday denied legal payments of $17,455 to the ACLU, which represents AFSCME in the case, saying the civil rights group was not a prevailing party and therefore was not entitled to reimbursement by the state.

In April, Ungaro ruled that Scott’s attempt to require random drug testing for tens of thousands of state workers is unconstitutional, saying Scott did not show a "compelling need" for the controversial plan.

A month later, Scott appealed to the 11th U.S. Circuit Court of Appeals.

Ungaro ruled that requiring drug tests violates the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches.

Scott issued the executive order last year to require drug testing at agencies under his control, though the plan was placed on hold because of the legal challenge, except for some workers at the Department of Corrections. Ungaro’s ruling said the Scott-controlled agencies include about 85,000 employees, or 77 percent of the state workforce.

Despite the legal uncertainty, lawmakers and Scott this year approved a new bill that would allow drug testing of employees – though not require it.

That measure (HB 1205), which lets agencies conduct random testing every three months, is also being challenged in federal court.

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China tightens Internet controls, legalizes post deletion

BEIJING (Reuters) – China unveiled tighter Internet controls on Friday, legalizing the deletion of posts or pages which are deemed to contain “illegal” information and requiring service providers to hand over such information to the authorities for punishment.

The rules signal that the new leadership headed by Communist Party chief Xi Jinping will continue muzzling the often scathing, raucous online chatter in a country where the Internet offers a rare opportunity for debate.

The new regulations, announced by the official Xinhua news agency, also require Internet users to register with their real names when signing up with network providers, though, in reality, this already happens.

Chinese authorities and Internet companies such as Sina Corp have long since closely monitored and censored what people say online, but the government has now put measures such as deleting posts into law.

“Service providers are required to instantly stop the transmission of illegal information once it is spotted and take relevant measures, including removing the information and saving records, before reporting to supervisory authorities,” the rules state.

The restrictions follow a series of corruption scandals amongst lower-level officials exposed by Internet users, something the government has said it is trying to encourage.

Li Fei, deputy head of parliament’s legislative affairs committee, said the new rules did not mean people needed to worry about being unable to report corruption online. But he added a warning too.

“When people exercise their rights, including the right to use the Internet, they must do so in accordance with the law and constitution, and not harm the legal rights of the state, society … or other citizens,” he told a news conference.

Chinese Internet users already cope with extensive censorship measures, especially over politically sensitive topics like human rights and elite politics, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.

Earlier this year, the government began forcing users of Sina’s wildly successful Weibo microblogging platform to register their real names.

The new rules were quickly condemned by some Weibo users.

“So now they are getting Weibo to help in keeping records and reporting it to authorities. Is this the freedom of expression we are promised in the constitution?” complained one user.

“We should resolutely oppose such a covert means to interfere with Internet freedom,” wrote another.

The government says tighter monitoring of the Internet is needed to prevent people making malicious and anonymous accusations online, disseminating pornography and spreading panic with unfounded rumors, pointing out that many other countries already have such rules.

Despite periodic calls for political reform, the party has shown no sign of loosening its grip on power and brooks no dissent to its authority.

(Reporting by Ben Blanchard and Sally Huang; Editing by Nick Macfie)

Internet News Headlines – Yahoo! News

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NYPD recruits sworn in at graduation ceremony

They came from all corners of the globe to join their brothers in blue.

The NYPD recruits sworn in at a graduation ceremony in Brooklyn’s Barclays Center today were born in countries like Nigeria, South Korea, China, Albania, Pakistan, and Somalia — and speak 59 languages.

Others came from less exotic locales like Brooklyn and Queens.

The new class of 1,159 cops was made up of 16 percent women. The racial breakdown is 53 percent white, 25 percent Hispanic, 12 percent black and 9 percent Asian.

Nearly all of them — 99 percent — have a college degree.

Police union president Patrick Lynch and his son, Patrick, at today's NYPD graduation ceremony.

One graduate from Rockland County wore the shield of her father, who was killed trying to help people escape from the World Trade Center on 9-11.

Erin Coughlin, 27, was proud to honor the memory of Sgt. John Coughlin, who had served in the elite Emergency Services Unit.

“It’s an absolute honor. It was surreal — I knew he was looking down on me,” said Coughlin, 27, beaming. “I took the same oath he did. I held it together until we had to salute.”

Her mother Patty was also moved. “I’m glad she got his shield,” she said. “It’s amazing that I was at the graduation for him, and now her.”

The graduating class included the son of police union president Patrick Lynch. “It’s something I always looked forward to,” said 21-year-old Patrick Lynch.

His father said he was “extremely proud” to see the shield on his son’s chest.

Police Commissioner Ray Kelly praised Lynch and three other cops during the graduation for making a good collar in Queens while driving home from the police academy in September.

The four spotted a young man beating up another man in Bayside on Sept. 13, and intervened to stop the attack.

Lynch was one of many new cops who has the NYPD in his blood.

“Growing up, I had a lot to look up to,” said Officer Adam Torres, 25, whose father Felix Torres, 46, is retired.

“For many of you, this moment was a long time coming,” said Kelly. “Some of you dreamed of wearing this uniform from the time you were children.”

Kelly also hailed the recruits’ life-saving work during Hurricane Sandy.

Newly minted officer John Lattanzio was praised for walking through waist-deep water to rescue people in Bergen Beach, Brooklyn — carrying one person out on his shoulders — even though his own home was flooded.

The new rookies will protect half a million visitors to Times Square on New Year’s Eve.

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Resources for South Florida small businesses

•  Florida Small Business Development Centers. Counseling and training at centers in South Florida and around the state, www.floridasbdc.org.

•  SCORE Workshops, online training and free coaching at local branches, www.score.org, miamidade.score.org, browardscore.org, southbroward.score.org

• Florida Women’s Business Center. Provides training, mentoring and resources to women entrepreneurs, http://www.flwbc.org.

• The Commonwealth Institute. Helps women entrepreneurs, CEOs and corporate executives build businesses through peer mentoring programs and annually honors top women-led businesses in Florida, www.commonwealthinstitute.org.

The Hispanic Business Initiative Fund of Florida. Nonprofit, with a Miami office, provides free bilingual seminars, workshops and technical assistance to Hispanic entrepreneurs launching or expanding businesses in Florida. www.HBIFflorida.org.

•  Barry University, Barry Institute for Community and Economic Development. Counseling, workshops and training for Miami-Dade small businesses through the Entrepreneurial Institute, www.barry.edu/biced.

•  Broward College. Offers a 24-credit entrepreneurship certificate, www.broward.edu. For noncredit business courses, including training through its Entrepreneurial Institute, http://www.broward.edu/ce.

•  Florida International University, Pino Global Entrepreneurship Center. Workshops, webinars and more, entrepreneurship.fiu.edu.

•  Miami Dade College. Offers a 12-credit entrepreneurship certificate program, www.mdc.edu/business. For noncredit classes, www.mdc.edu/ce. The Meek Entrepreneurial Education Center offers many programs, www.mdc.edu/north/eec.

•  University of Miami, The Launch Pad. Workshops, networking, resources and coaching, www.thelaunchpad.org.

•  Southern Florida Minority Supplier Development Council. Connects large businesses with minority businesses across South Florida, www.sfmsdc.org.

•  Startup Florida. Programs and training, plus register your company in this Startup America initiative, www.startupfl.org.

•  Partners for Self-Employment. Offers training, technical assistance and loans in Miami-Dade and Broward. www.partnersforselfemployment.com

•  Miami Bayside Foundation. Provides loans of $10,000 to $50,000 to minority-owned businesses in the city of Miami. www.miamibaysidefoundation.org..

•  MetroBroward. Nonprofit offers financing, incubation and training for businesses in low- to moderate-income areas of Broward, www.metrobroward.org.

• ACCION USA. Provides microloans up to $50,000 and financial education, with South Florida offices and programs, www.accionusa.org.

ClearPoint Credit Counseling Solutions. Nonprofit offers one-on-one, over the phone or Internet credit counseling to entrepreneurs and consumers with poor credit. 305-463-6739, ext 1019 or www.clearpointccs.org .

•  Incubate Miami. Start-up businesses in technology can get mentorship, office space and now early-stage funding, www.incubatemiami.com.

• The Technology Business Incubator at the Research Park at Florida Atlantic University. Offers mentors, investor connections and business services, http://www.research-park.org

•  South Florida Urban Ministries’ ASSETS Business Development. Nonprofit offers small business development program including one-on-one business coaching and consulting in areas of start-up, marketing, finance and more, www.sflum.org.

• United Way Center for Financial Stability. Center offers a wide array of tools and resources to help families and individuals achieve financial independence. www.unitedwaymiami.org/WhatWeDo/CFS.

•  The Startup Forum. Organization’s mission is to foster the development of vibrant regional startup communities, www.startupforum.net.

•  StartupDigest. Begun in Silicon Valley as a place to find events for entrepreneurs, this has spread to other cities, including Miami, www.startupdigest.com

If your organization should be on this list, email ndahlberg@miamiherald.com

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Drug overuse in cattle imperils human health

KANSAS CITY, Mo. --
Two children seriously injured in the Joplin, Mo., tornado in May 2011 showed up at Children’s Mercy Hospital in Kansas City suffering from antibiotic-resistant infections from dirt and debris in their wounds.

Physicians tried different drugs, but at first nothing seemed to work.

Blame the overuse of antibiotics in livestock, according to the doctors familiar with their cases.

“These kids had some really highly resistant bacteria that they clearly had not picked up in a hospital,” said Jason Newland, director of the Children Mercy’s antibiotic stewardship program.

Newland and other doctors believe those infections are part of the price we are paying for a half-century of overusing antibiotics in cattle and other meat animals in the United States.

“If you look at tonnage, 80 percent of the total of all the antibiotics we use in the States is used in meat animals,” Newland said.

As in humans, bacteria growing inside animals that are given antibiotics can develop a resistance to the medicines, Newland explained. That resistant bacteria can then be transferred to the soil through animal waste.

During severe storms, such as the EF5 tornado which killed 161 people in Joplin, that contaminated soil can end up in open wounds, and even modern medicine is challenged in combating the serious infections that can occur.

“We are increasingly treating kids with antibiotic-resistant infections who were at the last antibiotic we could possibly use on them,” Newland said. “In the next 20 years, will we see antibiotics resistant to everything?”

A yearlong investigation by The Kansas City Star found a multimillion-dollar-a-year pharmaceutical arms race in the beef industry is not just about curing sick cows.

It’s also about fattening cattle cheaply and quickly, driven in part by efforts to maximize profits, according to food safety advocates. In fact, the same number of cattle today are producing twice as much meat as they did in the 1950s because of genetics, drugs and more efficient processing.

Despite decades of warnings, the federal government has failed to pass meaningful regulation of animal drug use, failed to adequately monitor the harmful residues they leave behind, and failed to stop the consumption of meat contaminated with such substances.

Consider:

•  Last year, an Arizona lab discovered a strain of antibiotic resistant MRSA in meat that can infect humans. MRSA is the potentially fatal staph infection that sometimes races through hospitals.

•  Mexico rejected contaminated meat that U.S. rules allow Americans to eat. A shipment of U.S. beef in 2008 contained high levels of copper, a byproduct of industry and antibiotics, which can damage kidneys. The U.S. Department of Agriculture, which hasn’t set allowable amounts of copper in meat, couldn’t stop it from distribution in the United States.

•  Until it tightened monitoring this year, the government couldn’t even stop the sale of meat containing arsenic, one of the residues found in cattle treated with antibiotics. High levels of the poison can cause vascular disease and hypertension in humans. Many U.S. veterinarians who specialize in treating cattle said in a recent survey that they were concerned about the overuse and improper use of antibiotics and other drugs. Some blamed salesmen intent on making more money. Based on sales data alone, the amount of drugs used in livestock is increasing, and beef samples are showing greater numbers of antibiotic-resistant pathogens.

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Katie Holmes' Broadway Play to Close Early

Katie Holmes' new Broadway play Dead Accounts is cutting short it's run by more than a month.

The limited engagement show had originally been scheduled to run through February 24, but will now stage its final performance on Sunday January 6 at New York's Music Box Theater. When it ends, the show will have played 27 preview and 44 regular performances.

VIDEO: Katie Holmes Beams on Broadway Opening Night

In Dead Accounts, Holmes portrays 33-year-old plays Lorna, a single woman trying to put her life together while living with her aging parents in Cincinnati.

In a statement to Broadway.com, producer Jeffrey Finn confirmed the early closing. "I am extremely proud of this production and the cast. Theresa Rebeck and Jack O'Brien have created an inspiring and hilarious new play and we are all sad to see Dead Accounts end on Broadway. I look forward to working with this remarkably talented cast and creative team again very soon."

VIDEO: Katie Holmes Gets Goofy With On-Stage Co-Star

During an interview with ET at the show's opening, Holmes said she felt overwhelmed at the response to the highly-anticipated premiere. "You know, it feels really exciting. So many friends and family were here supporting and that means so much. And this cast is so wonderful. It's just a real pleasure to be part of this."

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TSA has taken more than 1,500 guns from airline passengers

Security screeners have taken more than 1,500 guns from airline passengers so far this year, far ahead of last year’s tally, the Transportation Security Administration said today.

If the trend holds through Dec. 31, the number of TSA gun seizures will be more than 15 percent ahead of last year’s tally of 1,320 guns.

During the week that ended Dec. 21 — the most recent data the TSA has published — screeners took 34 guns from passengers, including 32 that were loaded.

In the previous week, screeners found 29 guns, including 21 that were loaded.

TSA officials say many people caught with guns simply forgot that they were carrying them.

The agency posts pictures of unusual weaponry seized from passengers on its Web site.

Earlier this month, screeners at Kennedy Airport found a passenger with 26 stun guns in a carry-on bag. Stun guns aren’t included in the firearm tally, but are not allowed on planes.

Among the other items taken from passengers around the country in recent weeks were an A4 rocket launcher found in a checked bag at an airport in Latrobe, PA, and a speargun found in a carry-on bag in Houston.

bsanderson@nypost.com

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Drug overuse in cattle imperils human health

KANSAS CITY, Mo. --
Two children seriously injured in the Joplin, Mo., tornado in May 2011 showed up at Children’s Mercy Hospital in Kansas City suffering from antibiotic-resistant infections from dirt and debris in their wounds.

Physicians tried different drugs, but at first nothing seemed to work.

Blame the overuse of antibiotics in livestock, according to the doctors familiar with their cases.

“These kids had some really highly resistant bacteria that they clearly had not picked up in a hospital,” said Jason Newland, director of the Children Mercy’s antibiotic stewardship program.

Newland and other doctors believe those infections are part of the price we are paying for a half-century of overusing antibiotics in cattle and other meat animals in the United States.

“If you look at tonnage, 80 percent of the total of all the antibiotics we use in the States is used in meat animals,” Newland said.

As in humans, bacteria growing inside animals that are given antibiotics can develop a resistance to the medicines, Newland explained. That resistant bacteria can then be transferred to the soil through animal waste.

During severe storms, such as the EF5 tornado which killed 161 people in Joplin, that contaminated soil can end up in open wounds, and even modern medicine is challenged in combating the serious infections that can occur.

“We are increasingly treating kids with antibiotic-resistant infections who were at the last antibiotic we could possibly use on them,” Newland said. “In the next 20 years, will we see antibiotics resistant to everything?”

A yearlong investigation by The Kansas City Star found a multimillion-dollar-a-year pharmaceutical arms race in the beef industry is not just about curing sick cows.

It’s also about fattening cattle cheaply and quickly, driven in part by efforts to maximize profits, according to food safety advocates. In fact, the same number of cattle today are producing twice as much meat as they did in the 1950s because of genetics, drugs and more efficient processing.

Despite decades of warnings, the federal government has failed to pass meaningful regulation of animal drug use, failed to adequately monitor the harmful residues they leave behind, and failed to stop the consumption of meat contaminated with such substances.

Consider:

•  Last year, an Arizona lab discovered a strain of antibiotic resistant MRSA in meat that can infect humans. MRSA is the potentially fatal staph infection that sometimes races through hospitals.

•  Mexico rejected contaminated meat that U.S. rules allow Americans to eat. A shipment of U.S. beef in 2008 contained high levels of copper, a byproduct of industry and antibiotics, which can damage kidneys. The U.S. Department of Agriculture, which hasn’t set allowable amounts of copper in meat, couldn’t stop it from distribution in the United States.

•  Until it tightened monitoring this year, the government couldn’t even stop the sale of meat containing arsenic, one of the residues found in cattle treated with antibiotics. High levels of the poison can cause vascular disease and hypertension in humans. Many U.S. veterinarians who specialize in treating cattle said in a recent survey that they were concerned about the overuse and improper use of antibiotics and other drugs. Some blamed salesmen intent on making more money. Based on sales data alone, the amount of drugs used in livestock is increasing, and beef samples are showing greater numbers of antibiotic-resistant pathogens.

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Kwanzaa kicks off 7-day celebration

For average yuletide festivities, this was a different kind of affirmation: “Help us to celebrate our African spirituality.”

At the African American Research Library and Cultural Center in Fort Lauderdale Wednesday afternoon, about 100 were celebrating the first day of Kwanzaa with drumming, libations and story telling.

And like many a celebration before, participants each brought a piece of fruit to mark the first day of Kwanzaa, which translates from Swahili to mean “first fruits of the harvest.’’

The week-long holiday was born out of the black nationalist movement in the 1960s and nurtured by African-American and Pan Africans, curious about the origins of the Diaspora. During the civil rights era, there became increased attention on black identity and African heritage.

The holiday became a way for African Americans to reconnect with lost history after the Trans-Atlantic slave trade.

“A lot of people didn’t have the chance to come with their books,” said Chipo Chemoyo of North Miami Beach, who has celebrated Kwanzaa for more than 20 years.

Continuing through Jan. 1, each day will herald one of the seven principals: Umoja (Unity); Kuji-chagulia (Self-determination), Ujima (Collective Work and Responsibility), Ujamaa (Cooperative Economics), Nia (Purpose), Kuumba (Creativity), and Imani (Faith) when translated from Swahili.

Among the participants at Umoja Wednesday was Geoffrey Philp, who just began celebrating the holiday three years ago. Philp read a story aimed at explaining slavery to children.

Philp credited his decision to mark Kwanzaa to a “deepening awareness of the necessity for African Americans to stick together.”

In its nearly 50-year history, Kwanzaa has spawned two U.S. postal stamps, and some praise its creation for more brown-faced toys in stores.

But by the late 1990s, the holiday, although still revered, became less popular as it competed against Hanukkah and Christmas for attention.

By 2004, only 1.6 percent of the population in the country said they planned to celebrate Kwanzaa, according to a poll from the National Retail Federation.

To that Chemoyo says, “Not everyone celebrates Hanukah; not everyone celebrates Christmas either,” she said. “Kwanzaa is not a competition.”

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Ex-President George H.W. Bush in ICU

Former President George H.W. Bush has been transferred to the intensive care unit at a Houston hospital as he continues to recover from a fever and a persistent cough.

A spokesman for the 88-year-old Bush told ET that the former president has been in the ICU of Methodist Hospital since Sunday.

RELATED: Jenna Bush Hager: I'm Pregnant

"Following a series of setbacks including a persistent fever, President Bush was admitted to the intensive care unit at Methodist Hospital on Sunday where he remains in guarded condition," spokesman Jim McGrath said. "Doctors at Methodist continue to be cautiously optimistic about the current course of treatment. The President is alert and conversing with medical staff, and is surrounded by family."

Bush -- who served as the nation's 41st president from 1989-1993 -- was initially hospitalized on November 23 with a bronchitis-like cough.

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George H.W. Bush in intensive care

HOUSTON — Former President George H.W. Bush has been admitted to the intensive care unit at a Houston hospital "following a series of setbacks including a persistent fever," but he is alert and talking to medical staff, his spokesman said Wednesday.

Jim McGrath, Bush's spokesman in Houston, said in a brief email that Bush was admitted to the ICU at Methodist Hospital on Sunday. He said doctors are cautiously optimistic about his treatment and that the former president "remains in guarded condition."

No other details were released about his medical condition, but McGrath said Bush is surrounded by family. Bush has been hospitalized since Nov. 23.

Earlier Wednesday, McGrath said a fever that kept Bush in the hospital over Christmas had gotten worse and that doctors had put him on a liquids-only diet.

"It's an elevated fever, so it's actually gone up in the last day or two," McGrath told The Associated Press earlier in the day. "It's a stubborn fever that won't go away."

But he said the bronchitis-like cough that initially brought the 88-year-old to the hospital has improved.

Bush was visited on Christmas by his wife, Barbara, his son, Neil, and Neil's wife, Maria, and a grandson, McGrath said. Bush's daughter, Dorothy, was expected to arrive Wednesday in Houston from Bethesda, Md. The 41st president has also been visited twice by his sons, George W. Bush, the 43rd president, and Jeb Bush, the former governor of Florida.

Bush and his wife live in Houston during the winter and spend their summers at a home in Kennebunkport, Maine.

The former president was a naval aviator in World War II — at one point the youngest in the Navy — and was shot down over the Pacific. He achieved notoriety in retirement for skydiving on at least three of his birthdays since leaving the White House in 1992.

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90-year-old real estate baron, philanthropist Jay Kislak is forever young

Real estate baron Jay I. Kislak discovered a Fountain of Youth of sorts that springs from an inquisitive and acquisitive mind.

At 90, Kislak is wheeling and dealing in real estate, and he’s exploring history and art with the fervor of a man generations younger.

The patriarch of The Kislak Organization marked 74 years in real estate this year, 59 spent in Miami.

While he has long since appointed a protégé, Thomas Bartelmo, as president and CEO of the diverse family-owned real-estate businesses, Kislak remains chairman. And he is a regular at the headquarters in Miami Lakes.

That is, when he’s not off to Maine for the summer.

Or busy chairing a blue-ribbon commission named by the U.S. Interior Secretary to orchestrate the 450th anniversary in 2015 of the founding of St. Augustine.

Or jetting off to evaluate a possible acquisition. (Kislak recently looked at the potential for real estate development in North Dakota, booming with shale oil, but decided to pass.)

Kislak’s empire has gone through dramatic changes over the years. He built — and eventually sold — commercial banking, mortgage servicing and insurance firms.

Today, with annual revenue in excess of $28 million, his organization focuses on the commercial brokerage business started by his father, Julius Kislak, in Hoboken, N.J., more than a century ago; on owning a portfolio of apartments and other property (Kislak is on the prowl for more), and on managing funds of property-tax certificates, a niche created by the economic downturn.

Looking out his office window at a bustling interchange recently, Kislak mused: “I remember when they built the Palmetto Expressway and you could drive down it and never see another car.”

“The same thing with I-95: There was hardly any traffic,” said Kislak, a slender man with a signature mustache and a thick Hoboken accent that never faded.

Kislak moved to Miami in 1953 to grow the mortgage business, but his world view hardly dates to 1950s Florida. Already a book lover, he began pulling on a thread of Florida history, soon broadening his interest to the early Americas.

Over the decades, Kislak, bankrolled by a stream of brokerage commissions, mortgage fees and apartment rent, grew into a prominent collector of rare books and maps, manuscripts, artifacts and art to feed his fascination with the pre-Columbian era and the European exploration of America.

His wife Jean Kislak shares his passion for collecting. They met at a party for Andy Warhol; it would be her second marriage, his third. Their quest for art, history and collecting has taken them to all continents, even Antarctica.

“We don’t quit [collecting]. But we are going to quit,” said Jean, a former corporate art director. “Acquisition has always been a part of my life. I don’t know if it’s a sickness.”

In 2004, Kislak gave away much of the treasure. His foundation donated more than 3,000 rare maps, manuscripts, paintings and artifacts to the Library of Congress. The gift, estimated to be worth in excess of $150 million, is housed in the ornate Thomas Jefferson building in an exhibit that bears his name. Kislak also funds fellowships for studies of the collection, part of his diverse efforts over the years to support education. Among other things, his family foundation endowed the Kislak Real Estate Institute at Monmouth University, in West Long Branch, N.J., and has provided key support to a real estate program at Florida State University.

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Causeway victim Ronald Poppo finds peace but not healing

When Ronald Poppo was a kid in the 1950s and ’60s, a family Christmas in Brooklyn meant wind-up model trains circling the tree, Italian dinners of lasagna and stuffed squid, and, because Dec. 25 was also his father’s birthday, ricotta-filled cassata cake.

There was always music, because the Poppos have musical talent. Ronnie, as his older sister and two older brothers called him, played the violin as a child and guitar as a teenager.

And there was church, Christmas Eve and Christmas Day, as their mother was a devout Baptist.

An aunt brought Christmas presents, recalled Ronald’s sister, Antoinette Poppo, who still lives in New York.

“We were poor, but we didn’t know we were poor,’’ she said.

It’s hard to say when Ronald Poppo last enjoyed childhood Christmas memories, had a merry — or even comfortable — Christmas. After vanishing from the family in the early 1970s, he encamped on the gritty streets of Miami, an inebriated vagrant drifting ever further from the mainstream.

His last known home was the concrete stairwell of a tourist-attraction parking garage.

He surfaced again May 26 as the hapless victim in one of South Florida’s most sensational, blood-drenched crimes. That day, a naked, crazed, 31-year-old Rudy Eugene attacked 65-year-old Poppo on the MacArthur Causeway, stripping away his clothes then gnawing on Poppo’s face, leaving him mutilated and blind.

Police shot and killed Eugene about 18 minutes into the assault.

Through news of the event, Poppo’s stunned siblings learned he’d been alive all along, and people from his past began to emerge with snippets of information about his life before he disappeared onto the streets.

Following intensive medical treatment at Jackson Memorial Hospital, Poppo moved to Jackson Memorial Perdue Medical Center, an 11-acre, 163-bed nursing home/rehab facility in South Miami-Dade, its halls now cheerily decked with holiday decorations.

He has refused all interview requests since the incident, and apart from allowing doctors to hold a news conference in June, he hasn’t authorized his treating physicians to talk about his medical condition.

Jackson officials closely guard his privacy.

Photos displayed at the June news conference showed Poppo’s face as a mass of clots and raw tissue, his eye sockets hidden under flaps of skin, his nose gone, his cheeks and forehead partially so. Doctors had to remove one mangled eyeball but at the time hoped to save the other, and at least some sight.

They weren’t able to.

His sister says that when they talk, brother Ronnie doesn’t mention the attack, the past, or how he spends his time. But he did recently say that he likes his accommodations and the people who care for him.

“He says they take him outside and walk him around the place,’’ Antoinette Poppo said. “He’s glad to be there. ... He doesn’t really talk much at all. He says, ‘Take care of yourself.’ It’s so sad he can’t see, and has to depend on other people.’’

He told her that “his face hasn’t healed yet,’’ but that he doesn’t want more surgery because “it’s going to hurt.’’

If so inclined, Poppo could have participated in all sorts of Christmas festivities at Perdue, where well-wishers from The Cocoplum and Cutler Ridge Women’s Clubs, the Soroptimist Club of Coral Gables, the Grupo de Kendall, Bethel Baptist Church, and the Teddy Bear Club brought gifts for residents including shampoo, batteries, home-made goodies — and teddy bears.

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Boston Cop Rescues Drowning Woman

A Boston police officer is being hailed a hero after he jumped into the frigid cold water to rescue a drowning woman.

Cell phone video showed police officer Edward Norton plunging into Fort Point channel Friday afternoon during a torrential downpour to rescue the unidentified woman who’d reportedly fallen in by accident.

Norton, who just happened to be in the right place at the right time, says he didn’t think twice about jumping in.

“It just kind of happened. I saw here there. Someone had to do it,” Norton told ABC News. “As I was in the air, I was thinking I don’t know what’s under the water.”

Once in the water, Norton’s bullet-proof vest weighed him down, making the rescue more complicated than he anticipated. Onlookers did their part by tossing in a life preserver, which helped keep the frantic woman afloat.

“She kept saying stuff like, ‘I can’t hold on.’ So, I told her, ‘Hold on. Help is coming,’” Norton said. The officer remained with the woman in the water until firefighters arrived on the scene and pulled them both out of the water to safety.

Both were taken to local hospitals and checked for hypothermia, but were released with a clean bill of health.

As for the people calling Norton a hero, he says, not really because it’s all in a day’s work.

“I feel like I did what I would expect to do for one of my loved ones. My wife, my daughter, anyone,” Norton said.

While everyone made it out of the water safely with no injuries, there was one casualty so to speak. Norton says his wedding band slipped off when he hit the water and hero or not, his wife is none too pleased.

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Lady Gaga Documentary Announced

The nearly 33 million Little Monsters who follow Lady Gaga on Twitter got a massive Christmas present this morning as the singer revealed she'll soon be coming to a theater near you!

VIDEO - Lady Gaga Hosts Fame Picnic in Paris

"Merry Christmas little monsters," Gaga wrote. "Terry Richardson is making a #LadyGagaMOVIE documenting my life, the creation of ARTPOP + you!"

"Thank you for being so patient waiting for my new album ARTPOP I hope this gets u excited for things to come. I love you with all my heart!" Gaga announced her fourth album on August 6, 2012 and featured several of the songs in contention for inclusion on her recent Born This Wall Ball. Although no release date is yet known, it's rumored to be due out in Spring 2013.

VIDEO - The Secret Lady Gaga Never Told Beyonce

Gaga has previously collaborated with Richardson on countless magazine covers and 2011's Lady Gaga x Terry Richardson photobook.

Lady Gaga won't be the only major musician to be featured in a documentary next year. It was revealed on November 26 that HBO would be airing a Beyonce documentary on February 16, 2013.

VIDEO - Get A Sneak Peek at Beyonce's Documentary

The film promises extensive first-person footage -- some of it shot by Beyonce on her laptop -- in which she reflects on the realities of being a celebrity, the refuge she finds onstage and the joys of becoming a mother after giving birth to her daughter, Blue Ivy Carter, in January 2012. Watch a sneak peek below.

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Christmas tornado causes damage from Louisiana to Alabama

NEW ORLEANS -- A Christmas Day twister outbreak left behind damage from Louisiana to Alabama while holiday travelers in the nation's much colder midsection battled sometimes treacherous driving conditions from freezing rain and blizzard conditions.

In Mobile, Ala., a tornado or high winds damaged homes and knocked down power lines and large tree limbs in an area just west of downtown around nightfall, said Nancy Johnson, a spokeswoman for the Mobile County Commission. WALA-TV's tower camera captured a large funnel cloud headed toward downtown.

"We haven't verified what it was, but we have an area that we heard has damage to homes," she said.

AP

A house in Tioga, La., is severely damaged after an apparent tornado tore through the area.

Meanwhile, blizzard conditions were hitting the nation's midsection.

Earlier in the day, winds toppled a tree onto a pickup truck in the Houston area, killing the driver. Icy roads already were blamed for a 21-vehicle pileup in Oklahoma, and the Highway Patrol says a 28-year-old woman was killed in a crash on a snowy U.S. Highway near Fairview.

The snowstorm that caused numerous accidents pushed out of Oklahoma late Tuesday, carrying with it blizzard warnings for parts of northeast Arkansas, where 10 inches of snow was forecast. Freezing rain clung to trees and utility lines in Arkansas and winds gusts up to 30 mph whipped them around, causing about 71,000 customers to lose electricity.

Blizzard conditions were possible for parts of Illinois, Indiana and western Kentucky with predictions of 4 to 7 inches of snow.

No injuries were confirmed immediately, but fire crews were still making door-to-door checks in the hardest hit areas of Mobile. The Mobile Fire-Rescue Department, which was providing storm updates through Twitter, said Murphy High School was damaged and that there was a gas leak at a nearby apartment building.

Trees fell on a few houses in central Louisiana's Rapides Parish but there were no injuries reported and crews were cutting trees out of roadways to get to people in their homes, said sheriff's Lt. Tommy Carnline. Near McNeill, Miss., a likely tornado damaged a dozen homes and sent eight people to the hospital, none with life-threatening injuries, said Pearl River County emergency management agency director Danny Manley.

Fog blanketed highways, including arteries in the Atlanta area, which was expected to be dealing with the same storm system on Wednesday. In New Mexico, drivers across the eastern plains had to fight through snow, ice and low visibility.

At least three tornadoes were reported in Texas, though only one building was damaged, according to the National Weather Service. Tornado watches were in effect across southern Louisiana and Mississippi.

More than 400 flights nationwide were canceled by the evening, according to the flight tracker FlightAware.com. More than half were canceled into and out of Dallas/Fort Worth International Airport that got a few inches of snow.

Christmas lights also were knocked out with more than 100,000 customers without power in Texas, Arkansas, Oklahoma, Mississippi, Louisiana and Alabama.

In Louisiana, quarter-sized hail was reported early Tuesday in the western part of the state and a WDSU viewer sent a photo to the TV station of what appeared to be a waterspout around the Lake Pontchartrain Causeway in New Orleans. There were no reports of crashes or damage.

Some mountainous areas of Arkansas' Ozark Mountains could get up to 10 inches of snow, which would make travel "very hazardous or impossible" in the northern tier of the state from near whiteout conditions, the National Weather Service said.

The holiday may conjure visions of snow and ice, but twisters this time of year are not unheard of. Ten storm systems in the last 50 years have spawned at least one Christmastime tornado with winds of 113 mph or more in the South, said Chris Vaccaro, a National Weather Service spokesman in Washington, via email.

The most lethal were the storms of Dec. 24-26, 1982, when 29 tornadoes in Oklahoma, Missouri, Arkansas, Tennessee and Mississippi killed three people and injured 32; and those of Dec. 24-25, 1964, when two people were killed and about 30 people injured by 14 tornadoes in seven states.

The storm was moving quickly as it headed into through Louisiana and Mississippi and onto Alabama and eventually Georgia.

In Mississippi, Gov. Phil Bryant urged residents to have a plan for any severe weather.

"It only takes a few minutes, and it will help everyone have a safe Christmas," Bryant said.

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Miami: We’re still busiest cruise port

Florida’s ports are steaming bow-to-bow in the race to be the world’s businest cruise ship port.

Though some publications have reported Port Canaveral in the lead with 3,761,056 million for its fiscal year ending Sept. 30, PortMiami officials Monday said they had hosted 3,774,452 passengers during the same period, putting it slightly ahead. Fort Lauderdale’s PortEverglades reported 3,689,000 passengers for the period, putting it slightly behind the others in third place.

“We’re all very close,’’ said Paula Musto, PortMiami spokeswoman.

PortMiami has slipped below its previous high of 4 million plus passengers because of changing ship deployments, she said. That number is expected to again cruise past 4 million in 2013 as several new ships homeport in Miami.

Jane Wooldridge

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New generation of judges serving on federal bench in South Florida

For a fleeting moment this fall, U.S. District Judge Robert N. Scola Jr. declared in jest that he wished he were “king of the world.”

If he had such power, Scola said from the bench, he would deny a defense lawyer’s request to travel to Pakistan to question a group of defendants charged in a Miami terrorism case along with two Muslim clerics. Since the missing defendants weren’t present, the judge considered them “fugitives.’’

But the judge let the defense team make the upcoming trip against fierce opposition from prosecutors, because case law allows such extraordinary depositions, he found.

Scola, a former Miami-Dade prosecutor and state circuit court judge, relishes his role as one of three new members on South Florida’s federal bench, which is experiencing a generational sea change as the result of several retirements and presidential appointments.

“I knew I wanted to be a judge when I was 10 years old; my father was a judge in Massachusetts,” Scola said, during a brief December interview wedged between verdicts in the South Beach “bar-girls” trial and the sentencing of a mental-health clinic director convicted of Medicare fraud.

Over the past few years, the federal court in the Southern District of Florida has seen the departure of four judges — Daniel T.K. Hurley, Paul C. Huck, Alan S. Gold and Patricia A. Seitz — who have gone on “senior” status, meaning they handle lighter caseloads. Another federal judge, Adalberto Jordan, was confirmed this year as a member of the 11th U.S. Circuit Court of Appeals in Atlanta.

Those five vacancies, in one of the busiest federal districts for criminal and civil cases in the country, accounted for about one-third of all the positions on the federal bench in South Florida.

The retirements have generated coveted openings that have been filled by Scola, 57; Kathleen M. Williams, 56, a former Miami federal public defender; and Robin S. Rosenbaum, 46, a former Fort Lauderdale federal magistrate judge. Rosenbaum, also a one-time federal prosecutor, was sworn in as a new U.S. district judge Dec. 13.

“It’s pretty obvious that Robin is never going to make a decent living,” 11th Circuit Judge Stanley Marcus, for whom Rosenbaum once clerked, quipped about her public-service career during her investiture in Fort Lauderdale federal court.

But then Marcus struck a more serious note, describing federal district judges as the “crucible of justice” in the U.S. court system. “I have to say, Robin, this is work you were born to do,” he said.

Another recent nominee: Miami-Dade Circuit Judge William L. Thomas, a former assistant public defender in both the state and federal system. Thomas is scheduled for confirmation as a federal judge in 2013. If confirmed, he would become the first openly gay black man appointed to a federal judgeship in the nation.

Michael Caruso, the Miami federal public defender who replaced Williams in August, said the appointment of federal judges is in many ways a “president’s most enduring legacy.”

“All presidents strive to appoint smart, fair and hardworking lawyers,” Caruso said, commenting on the four nominated by President Barack Obama in South Florida. “President Obama, in addition to choosing women and men who share these traits, has chosen those who’ve been trial lawyers in the criminal justice system and who have devoted a significant portion of their career to public service.”

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Facebook Shrugs Off Instagram’s New Class Action Lawsuit

For Instagram, there’s good news and there’s bad news about the class action lawsuit just filed against them. Bad news first: Somebody just filed a class action lawsuit. Good news: the lawyers from Instagram’s parent company, Facebook, have plenty of practice getting rid of these pesky things. That might explain why they’re so dismissive about the legal inconvenience a group of disgruntled Instagram users left under its tree this year. “We believe this complaint is without merit and we will fight it vigorously,” says Facebook spokesman Andrew Nusca. It’ll obviously take more than the half-hearted apology Instagram CEO and co-founder Kevin Systrom made at the end of last week.

RELATED: It’s Time to Accept the Existence of a Social Media Bubble

The lawsuit’s complaint is somewhat understandable. If you’ve so much as heard the word “Instagram” you’ve heard about how much their new terms of service stink. In it, the company declared that it “may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data)” with Facebook, its subsidiaries and its “affiliates.” Instagram users understood this to mean that Instagram could sell their photos to advertisers, though Systrom pushed back at that in his blog post when he more or less said that the company would revert to its old terms of service. “We don’t own your photos – you do,” he said. 

RELATED: And the Actual Retail Price for Instagram Is…

Instagram kept three key new details in place, though. One, the company maintained the ability to serve ads in your feed. Two, it said “that we may not always identify paid services, sponsored content, or commercial communications as such.” Lastly, it left in place the mandatory arbitration clause that it added with the new terms of service, forcing users to waive their right to participate in class action lawsuit. That obviously didn’t discourage this group of plaintiffs who said in the lawsuit that “Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us.’”

RELATED: Mark Zuckerberg Disappears from Google+ Due to Privacy Settings

No big deal. Instagram is a part of Facebook now, and Facebook has dealt with class action lawsuits before. Just seven months ago, it got slammed with a $ 15 billion class action suit from users who said that the social network was ”improperly tracking the internet use of its members even after they logged out of their accounts.” They haven’t settled yet, but if it winds up anything like the class action lawsuit over the Beacon advertising program a few years ago, it could take years to resolve and could cost Facebook millions. With some good lawyering, though, this latest lawsuit won’t cost as many millions as it could. But Instagram will never be the same.

Social Media News Headlines – Yahoo! News

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ET Exclusive: Jamie Foxx Opens His Home & Heart

Jamie Foxx may be the most eligible bachelor in Hollywood, and our own Nancy O'Dell is exclusively with the Oscar winner at his Santa Monica, CA home to talk about his career, his family and how he handles the media when there's a woman in his life.

The star of the upcoming Django Unchained says the worst thing that can happen in a relationship is to go public with it: "I like to stay quiet with anyone that dating; that I'm really, really dating, "he says. "If there's somebody that you're dating, the worst thing that you can do is let that [camera] touch you. Because once the camera touches you, [it's out]."

Video: Jamie & Kerry Party 'Django' Style

Watch the video to get a tour of Jamie's amazing home that he shares with his whole family, set on 40 acres with a stunning pool, a recording studio and an avocado grove!

One thing you won't find at Jamie's home, however, is his Best Actor Oscar statuette that he won for his performance in Ray.

Pics: Jamie & Leo Smolder in 'Django'

"I never wanted to keep it at the house -- I never wanted to get stuck," says Jamie, whose pal and former manager Jamie King holds onto the statuette for him. "It changes you. … I just wanted to go back to being funny."

Watch the video for more of Jamie's interview, including his reaction to the current Oscar buzz for Django Unchained!

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Jack Klugman dies at 90

LOS ANGELES — Jack Klugman, the prolific, craggy-faced character actor and regular guy who was loved by millions as the messy one in TV's "The Odd Couple" and the crime-fighting coroner in "Quincy, M.E.," died Monday, a son said. He was 90.

Klugman, who lost his voice to throat cancer in the 1980s and trained himself to speak again, died with his wife at his side.

"He had a great life and he enjoyed every moment of it and he would encourage others to do the same," son Adam Klugman said.

Adam Klugman said he was spending Christmas with his brother, David, and their families. Their father had been convalescing for some time but had apparently died suddenly and they were not sure of the exact cause.

AP

Jack Klugman

"His sons loved him very much," David Klugman said. "We'll carry on in his spirit."

Never anyone's idea of a matinee idol, Klugman remained a popular star for decades simply by playing the type of man you could imagine running into at a bar or riding on a subway with — gruff, but down to earth, his tie stained and a little loose, a racing form under his arm, a cigar in hand during the days when smoking was permitted.

His was a city actor ideal for "The Odd Couple," which ran from 1970 to 1975 and was based on Neil Simon's play about mismatched roommates, divorced New Yorkers who end up living together. The show teamed Klugman — the sloppy sports writer Oscar Madison — and Tony Randall — the fussy photographer Felix Unger — in the roles played by Walter Matthau and Art Carney on Broadway and Matthau and Jack Lemmon in the 1968 film. Klugman had already had a taste of the show when he replaced Matthau on Broadway and he learned to roll with the quick-thinking Randall, with whom he had worked in 1955 on the CBS series "Appointment with Adventure."

"There's nobody better to improvise with than Tony," Klugman said. "A script might say, 'Oscar teaches Felix football.' There would be four blank pages. He would provoke me into reacting to what he did. Mine was the easy part."

They were battlers on screen, and the best of friends in real life. When Randall died in 2004 at age 84, Klugman told CNN: "A world without Tony Randall is a world that I cannot recognize."

In "Quincy, M.E.," which ran from 1976 to 1983, Klugman played an idealistic, tough-minded medical examiner who tussled with his boss by uncovering evidence of murder in cases where others saw natural causes.

"We had some wonderful writers," he said in a 1987 Associated Press interview. "Quincy was a muckraker, like Upton Sinclair, who wrote about injustices. He was my ideal as a youngster, my author, my hero.

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Miami: We’re still busiest cruise port

Florida’s ports are steaming bow-to-bow in the race to be the world’s businest cruise ship port.

Though some publications have reported Port Canaveral in the lead with 3,761,056 million for its fiscal year ending Sept. 30, PortMiami officials Monday said they had hosted 3,774,452 passengers during the same period, putting it slightly ahead. Fort Lauderdale’s PortEverglades reported 3,689,000 passengers for the period, putting it slightly behind the others in third place.

“We’re all very close,’’ said Paula Musto, PortMiami spokeswoman.

PortMiami has slipped below its previous high of 4 million plus passengers because of changing ship deployments, she said. That number is expected to again cruise past 4 million in 2013 as several new ships homeport in Miami.

Jane Wooldridge

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Despite arrests, ballot brokers get ready for 2013 elections

When two well-known absentee-ballot brokers in Hialeah were arrested four months ago on charges of electoral fraud, several of their accomplices stayed away from politics, fearing they would be discovered during the campaigns leading up to the November elections.

However, given authorities’ apparent lack of interest in investigating the cases, some of the Miami-Dade ballot brokers, known as boleteros, have already begun to coordinate the collection of absentee ballots for next year.

There will be elections in 2013 in 15 of Miami-Dade’s 35 municipalities, among them the largest cities in the county — Miami, Hialeah and Miami Beach.

“When I saw on television that they had arrested that woman in Hialeah, I told my husband, ‘I’m glad it wasn’t me,’ ” said an experienced boletera who has worked for several municipal campaigns during the past decade.

“But I think it’s unfair that the politicians who hire us can simply wash their hands and not one of them has been arrested,” added the woman, who asked to remain anonymous.

So far there has not been a deep investigation into the politicians who benefited from the work of boleteros Deisy Cabrera and Sergio Robaina, who were arrested in August. Authorities made the arrests under a county ordinance that, beginning last July, penalized those who collect more than two ballots belonging to other people.

The ordinance was intended to reduce electoral fraud, but its future is uncertain. Attorney Thomas Cobitz, who represents Robaina, has questioned its constitutionality in court, alleging that it violates Robaina’s freedom of political expression and the rights of voters who seek assistance from others.

Miami-Dade Circuit Judge Milton Hirsch will hear arguments from Cobitz and prosecutor Tim VanderGiesen on Jan. 15.

“We expect the ordinance’s constitutionality to be reaffirmed,” said County Commissioner Rebeca Sosa, who sponsored the measure last year. “Our duty as commissioners is to make sure that we stop the abuse, guarantee the rights of every voter and make sure that everyone’s vote counts.”

Regardless of what happens in court, the cases of Cabrera and Robaina have revealed how the business of boleteros can lead to the abuse of elderly voters, some of them illiterate or mentally disabled. El Nuevo Herald interviewed about 10 voters whose absentee ballots ended up in the hands of Cabrera and Robaina, and who said they did not know whom they had voted for. Some of them suffer from Alzheimer’s.

“Democracy is the big loser in all of this because there is no justice,” said Joe Carollo, who in 1997 was named mayor of Miami by a court after an electoral fraud scandal. “There are voters now who are frustrated and who do not even want to vote, believing that their vote doesn’t count and that nothing will change.”

Cabrera, 57, was arrested on Aug. 2, accused of collecting 31 absentee ballots belonging to other people and for allegedly forging the signature of a dying, elderly woman at a hospice. Cabrera, who says she is not guilty, refused to comment for this report through her attorney, Eric Castillo.

Cabrera’s arrest prompted a political scandal that affected two of the most important election campaigns in Miami-Dade a few weeks before the Aug. 14 primaries. Authorities noted Cabrera’s presence in the Hialeah office for the reelection of county Mayor Carlos Gimenez, who has said she did not work for his campaign.

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How to Get Free Last-Minute Shipping

First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18^th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25^th.

Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:

• Barnes & Noble – free shipping on Nook HD through Dec. 22


• MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.


• Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.


• The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.


• Walmart.com has extended free shipping through December 19^th on some items (check product page for eligibility)


• Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.


• Newegg   Free 2-Day shipping on over 200 items


• Target – free shipping on Daily Deals


• Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.


• Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.

[Related: Great Gifts for Under $ 25]

But since many of the above deals are limited to select items, take a look at…

How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.

And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”

Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.

But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.

Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:

• Best Buy


• Target


• Toys R Us


• Walmart


• Sears

[Related: Best E-Reader for Under $ 100]

Brad Marshland contributed to this story.

Tech News Headlines – Yahoo! News

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Bethenny Frankel Separates From Husband of 2 Years

After two years of marriage, TV personality Bethenny Frankel and husband Jason Hoppy are separating.

"'It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family. We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us," the former Real Housewives of New York City star's rep said in a statement.

Frankel, 42, also tweeted: "I am heartbroken. I am sad. We will work through this as a family."

In 2010, the couple were married and had their daughter, Bryn. Frankel and Hoppy's relationship was then documented in two reality TV shows, Bethenny Getting Married? and Bethenny Ever After...

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Obama joins mourners at memorial service for late Sen. Inouye in Hawaii

AFP/Getty Images

President Barack Obama and First Lady Michelle Obama stand in respect as the casket carrying the late Senator Daniel Inouye is carried past at the National Memorial Cremetary of the Pacific in Honolulu.

HONOLULU — President Barack Obama, Gov. Neil Abercrombie and other dignitaries attended a memorial service for the late Sen. Daniel Inouye on Sunday.

A 19-gun cannon salute was fired as Inouye's coffin arrived for the service at Honolulu's National Memorial Cemetery of the Pacific, the final resting place to thousands of World War II veterans. More than 400 members of the storied Japanese-American 442nd Regimental Combat Team — of which Inouye was a part — are buried at the site.

REUTERS

President Barack Obama hugs Irene Hirano Inouye, widow of the late U.S. Senator Daniel Inouye, after she receives the flag that draped his casket at the memorial service at the National Memorial Cemetery of the Pacific in Honolulu.

EPA

Senator Daniel Inouye died at the age of 88 Dec. 17. He was first Japanese-American elected to both houses of Congress and the second-longest serving senator in US history.

Several cabinet secretaries and a number of senators also attended the service, including fellow Hawaii Democrat Daniel Akaka and Senate Majority Leader Harry Reid.

"Daniel was the best senator among us all," Reid told those assembled. "Whenever we needed a noble man to lean on, we turned to Sen. Dan Inouye. He was fearless."

The 88-year-old Inouye died of respiratory complications on Dec. 17.

He was the first Japanese-American elected to both houses of Congress and the second-longest serving senator in U.S. history.

The past week has been marked by tributes and honors for Inouye, with services held in Washington and in Hawaii. He lay in state at both the U.S. Capitol Rotunda on Thursday and the Hawaii state Capitol on Saturday.

Inouye was a high school senior in Honolulu on Dec. 7, 1941, when he watched dozens of Japanese planes fly toward Pearl Harbor and other Oahu military bases to begin a bombing that changed the course of world events.

He volunteered for a special U.S. Army unit of Japanese-Americans and lost his right arm in a battle with Germans in Italy. That scratched his dream of becoming a surgeon and went to law school and into politics instead.

He became known as an economic power in his home state as part of the Senate Appropriations Committee, where he steered federal money toward Hawaii to build roads, schools and housing.

Obama eulogized Inouye during a service at Washington's National Cathedral on Friday, saying that Inouye's presence during the Watergate hearings helped show him what could be possible in his own life.

The president arrived early Saturday in Honolulu for his annual Christmas family vacation.

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Time’s up for holiday shopping procrastinators

Last minute shoppers like Josette Tyne are in luck this year.

With a long weekend before Christmas, retailers want to make it easier for procrastinators to finish their gift buying. Macy’s for the first time is keeping all its stores open around the clock from Friday until Sunday at midnight. Toys “R” Us and Walmart Supercenters will be open non-stop until Christmas Eve.

Even those retailers skipping the all nighter still have added extended hours often as late as 11 pm or midnight. Coupled with a flurry of last minute promotions, they hope to lure shoppers, many of whom have been largely sitting on the sidelines since Black Friday.

Tyne, 33, just starting her shopping this week at Aventura Mall, armed with a list of about two dozen people and the presents they wanted. The list would have been longer if the Fort Lauderdale resident hadn’t limited it to the kids in her family.

“I’ll probably be shopping every day from now till Sunday,” said Tyne, as she wheeled the youngest of her three boys around H&M in a stroller before heading on to Game Stop, Urban Outfitters and BCBG. “Whatever catches my eye. Luckily the kids usually like everything I get. I’m the awesome Auntie.”

A Consumer Reports Poll released earlier this week found that with just five shopping days left until Christmas, a whopping 68 percent of shoppers — a projected 132 million Americans — have yet to finish their holiday shopping.

With an early Thanksgiving leaving an extra week until Christmas and a long weekend before Tuesday’s holiday, shoppers have felt little need to rush. They also haven’t found December deals to be quite as compelling as the November sales.

Based on disappointing sales trends earlier this month, ShopperTrak said Wednesday it was cutting its holiday sales forecast. The company, which counts foot traffic and its own proprietary sales numbers from 40,000 retail outlets across the country, now expects a 2.5 percent sales increase to $257.7 billion, down from the 3.3 percent growth it initially predicted. The National Retail Federation is sticking with its prediction of a 4.1 percent sales increase.

Online sales trends are more encouraging, up 13 percent to $35 billion from Nov. 1 through Dec. 16, according to comScore, an online research firm. But that pace is below the forecast of 17 percent for the season.

“It’s coming down to the wire,” said David Bassuk, managing director and co-head of the retail practice at AlixPartners, a global consulting firm. “It’s going to require retailers to be more aggressive with their promotions than they were hoping heading into the weekend.”

While the economy is certainly in a better position than it was during the recession, many consumers still feel uneasy this year about their financial future. Some are worried about the U.S. job market and others fear the stalemate between Congress and the White House over federal “fiscal cliff’’ that could lead to tax increases and less disposable income for shoppers.

That was the case for Latonya Jones, on the hunt for bargains at Aventura Mall, coupon-loaded iPad in hand.

“I wasn’t going to buy anything this year, because I wanted to save money,” said Jones, 39, of Miami Gardens, who was shopping with her daughter Richelle, 12, this week in Macy’s. “But then I changed my mind.”

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