Texas A&M quarterback Manziel wins Heisman









NEW YORK — In the instant he became another defender foiled by Johnny Football, Manti Te'o's chin dropped and a smile crossed his face. The man who wouldn't bring an eighth Heisman Trophy to Notre Dame clapped, stood up and patted Johnny Manziel on the shoulder as the precocious Texas A&M quarterback walked onto the stage and into history.

Moments later, Te'o arrived in the arms of his beaming father, Brian, and was consumed in a bear hug. And the father whispered one more piece of advice into his son's ears, one that will echo into January: Let's go get that crystal ball, he said.

"I'm relieved that it's over, I'm excited I get the chance to prepare for 'Bama," Manti Te'o said. "I'm telling you guys — Heisman Trophy or national championship, I'll take a national championship 100 times out of 100."

That's what's left now, Te'o receiving a stiff arm but not a stiff-arm trophy and now using a night on which he fell short as motivation to overcome. The kinetic, combustible Manziel became the first freshman ever to win the Heisman, earning 474 first-place votes and 2,029 points to the 321 first-place votes and 1,706CQ points Te'o accrued.

It was the most points ever for a pure defensive player and it tied the best finish ever for a player solely toiling on that side of the ball. It ended a week in which Te'o amassed six national awards, an unprecedented haul.

He just wished he heard his name called one more time.

"I just felt that burn," Te'o said. "I can't really describe it. It's that burn to say, hey, you just have to get better.

"It's motivation. I always wanted to be the best. I just use that as motivation to just be the best I can be. Obviously I have a lot of work to do. I'm just excited to get back and get things cracking."

Manziel, of course, hit the scene like a supernova as a redshirt freshman for Texas A&M, breaking the single-season SEC record with 4,600 total yards and seemingly just as many You cannot be serious plays. The mix proved irresistible to Heisman voters.

"It's so humbling to me to be the first freshman to win and make history," Manziel said. "It doesn't matter what year you are. If you work hard enough, if you have a great group of guys and great people around you, great things can happen."

Less than three hours before the announcement, Te'o insisted he wasn't nervous. He was excited, happy that people in Hawaii were watching in droves. For the first time in a week-long trip featuring a new city practically every night, he found time for a nap. Indeed, on the sixth day, Te'o rested.

He won't for a moment until Jan. 7. He wasn't expected to win the Heisman but was stung a bit by the reality. Te'o laughed and smiled and joked about the proper name for the leis slung around the necks of Manziel's parents, but then he locked in on Alabama, locked in on changing his destiny on a different winter day.

"I did the best I could do, and I'm happy with that," Te'o said. "I wish I could have come in first, obviously, but it gives me fire to come back and get better. Obviously what I did wasn't good enough. I felt I could do better. So that's exactly what's going to happen."

With that, he stood and smacked his hands together one more time.

"All right!" Te'o shouted. "Let's eat!"

bchamilton@tribune.com

Twitter @ChiTribHamilton



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Exclusive: Google to replace M&A chief


SAN FRANCISCO (Reuters) - Google Inc is replacing the head of its in-house mergers and acquisitions group, David Lawee, with one of its top lawyers, according to a person familiar with the matter.


Don Harrison, a high-ranking lawyer at Google, will replace Lawee as head of the Internet search company's corporate development group, which oversees mergers and acquisitions, said the source, who spoke anonymously because he was not authorized to speak publicly.


Google is also planning to create a new late-stage investment group that Lawee will oversee, the source said.


Google declined to comment. Lawee and Harrison could not immediately be reached for comment.


One of the Internet industry's most prolific acquirers, Google has struck more than 160 deals to acquire companies and assets since 2010, according to regulatory filings. Many of Google's most popular products, including its online maps and Android mobile software, were created by companies or are based on technology that Google acquired.


Harrison, Google's deputy general counsel, will head up the M&A group at a time when the company is still in the process of integrating its largest acquisition, the $12.5 billion purchase of smartphone maker Motorola Mobility, which closed in May.


And he takes over at a time when the Internet search giant faces heightened regulatory scrutiny, with the U.S. Federal Trade Commission and the European Commission conducting antitrust investigations into Google's business practices. Several recent Google acquisitions have undergone months of regulatory review before receiving approval.


As deputy general counsel, Harrison has been deeply involved in the company's regulatory issues and many of its acquisitions. He joined Google more than five years ago and has completed more than 70 deals at the company, according to biographical information on the Google Ventures website.


Harrison is an adviser to Google Ventures, the company's nearly four-year old venture division which provides funding for start-up companies.


While most of Google's acquisitions are small and mid-sized deals that do not meet the threshold for disclosure of financial terms, Google has a massive war chest of $45.7 billion in cash and marketable securities to fund acquisitions.


Lawee, who took over the M&A group in 2008, has had hits and misses during his tenure. Google shut down social media company Slide one year after acquiring it for $179 million, for example.


The planned late-stage investment group has not been finalized, the source said. The fund might operate separately from Google Ventures, according to the source.


"Think of it as a private equity fund inside of Google," the source said.


The company recently said it would increase the cash it allocates to Google Ventures to $300 million a year, up from $200 million, potentially helping it invest in later-stage financing rounds.


Google finished Friday's regular trading session down 1 percent, or $6.92, at $684.21.


(Reporting By Alexei Oreskovic; editing by Carol Bishopric and Jim Loney)



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Manziel is first freshman to win Heisman Trophy


NEW YORK (AP) — He's Johnny Best in Football now — and a freshman, at that.


Texas A&M quarterback Johnny Manziel became the first newcomer to win the Heisman Trophy, taking college football's top individual prize Saturday night after a record-breaking debut.


Notre Dame linebacker Manti Te'o finished a distant second in the voting and Kansas State quarterback Collin Klein was third. In a Heisman race with two nontraditional candidates, Manziel broke through the class ceiling and kept Te'o from becoming the first purely defensive player to win the award.


"That barrier's broken now," Manziel said. "It's starting to become more of a trend that freshmen are coming in early and that they are ready to play. And they are really just taking the world by storm."


None more than the guy they call Johnny Football.


Manziel drew 474 first-place votes and 2,029 points from the panel of media members and former winners. Te'o had 321 first-place votes and 1,706 points and Klein received 60 firsts and 894 points.


"I have been dreaming about this since I was a kid, running around the backyard pretending I was Doug Flutie, throwing Hail Marys to my dad," he said after hugging his parents and kid sister.


Flutie was one of many Heisman winners standing behind Manziel as he gave his speech on stage at the Best Buy Theater in Times Square.


"I always wanted to be in a fraternity," Manziel said later. "Now I get to be in the most prestigious one in the entire world."


Manziel was so nervous waiting for the winner to be announced, he wondered if the television cameras could see his heart pounding beneath his navy blue pinstripe suit. But he seemed incredibly calm after, hardly resembling the guy who dashes around the football field on Saturday. He simply bowed his head, and later gave the trophy a quick kiss.


"It's such an honor to represent Texas A&M, and my teammates here tonight. I wish they could be on the stage with me," he said with a wide smile, concluding his speech like any good Aggie: "Gig' em."


Just a few days after turning 20, Manziel proved times have truly changed in college football, and that experience can be really overrated.


For years, seniors dominated the award named after John Heisman, the pioneering Georgia Tech coach from the early 1900s. In the 1980s, juniors started becoming common winners. Tim Tebow became the first sophomore to win it in 2007, and two more won it in the next two seasons.


Adrian Peterson had come closest as a freshman, finishing second to Southern California quarterback Matt Leinart in 2004. But it took 78 years for a newbie to take home the big bronze statue.


"It doesn't matter anymore," he said.


Peterson was a true freshman for Oklahoma. As a redshirt freshmen, Manziel attended school and practiced with the team last year, but did not play in any games.


He's the second player from Texas A&M to win the Heisman, joining John David Crow from 1957, and did so without the slightest hint of preseason hype. Manziel didn't even win the starting job until two weeks before the season.


Who needs hype when you can fill-up a highlight reel the way Manziel can?


With daring runs and elusive improvisation, Manziel broke 2010 Heisman winner Cam Newton's Southeastern Conference record with 4,600 total yards, led the Aggies to a 10-2 in their first season in the SEC and orchestrated an upset at then-No. 1 Alabama in November that stamped him as legit.


He has thrown for 3,419 yards and 24 touchdowns and run for 1,181 yards and 19 more scores to become the first freshman, first SEC player and fifth player overall to throw for 3,000 yards and run for 1,000 in a season.


"You can put his numbers up against anybody who has ever played the game," Texas A&M coach Kevin Sumlin said.


Manziel has one more game this season, when the No. 10 Aggies play Oklahoma in the Cotton Bowl on Jan. 4.


As for the Heisman, Manziel said he'd like to keep it right next to his bed.


"But I'm in college. A lot of people come through the house. We live in a college neighborhood. It might not be a good idea. If I can get a case that's indestructible, locked and looks pretty good, we'll see where I keep it," he said.


The resume alone fails to capture the Johnny Football phenomena. At 6-foot-1 and 200 pounds, Manziel is master of the unexpected, darting here and there, turning plays seemingly doomed to failure into touchdowns.


Take, for example, what he did in the first quarter against the Crimson Tide. Manziel took a shotgun snap, stepped up in the pocket as if he was about to take off on another made scramble and ran into the back a lineman. On impact, Manziel bobbled the ball, caught it with his back to the line of scrimmage, turned, rolled the opposite direction and fired a touchdown pass — throwing across his body — to a wide-open receiver.


He might as well have been back in Kerrville, Texas, where he became a hill country star in high school.


His road to college stardom was anything but a clear path.


Manziel competed with two other quarterbacks to replace Ryan Tannehill as the starter this season, the Aggies' first in the SEC and first under Sumlin.


Manziel came out of spring practice as the backup, but became the starter in August.


Still, nobody was hailing him is the next big thing. Did Sumlin think he had a Heisman winner on his hands?


"No," he said emphatically, adding, "Not this year."


Then Manziel started playing and the numbers started piling up.


He also had some struggles against Florida in the season opener and in a home loss to LSU. The question was: Could he do his thing against a top-notch opponent?


The answer came in Tuscaloosa, Ala., on Nov. 10. Going into the matchup against the Crimson Tide, Manziel said he and his teammates heard a lot of doubters.


"You can't do this and you can't do that," he recalled Saturday at the podium


Manziel passed for 253 yards, ran for 92 and the Aggies beat the Tide 29-24. Klein had been the front-runner for most of the season, but Manziel surged after beating 'Bama.


Still, Manziel was still something of a mystery man. Sumlin's rules prohibit freshmen from being available to the media. Manziel was off-limits, but not exactly silent.


Manziel gave glimpses of himself on social media — including some memorable pictures of him dressed up as Scooby-Doo for Halloween with some scantily clad young women.


Before he became a celebrity, Manziel got himself into some serious trouble. In June, he was arrested in College Station after police said he was involved in a fight and produced a fake ID. He was charged with disorderly conduct and two other misdemeanors.


After the season, Texas A&M took the reins off Manziel and made him available for interviews, allowing him to tell his own tale.


Though in the end, his play said it all.


___


Follow Ralph D. Russo at www.Twitter.com/ralphdrussoap


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“Freaks and Geeks” revisited: “Everybody was so talented and nobody knew it yet”












LOS ANGELES (TheWrap.com) – Looking back on “Freaks and Geeks,” Linda Cardellini – who led the (now) star-studded cast as Lindsay Weir – sums up the short-lived NBC series in one simple sentence: “Everybody was so talented and nobody knew it yet.”


Thanks to Judd Apatow, the director of “Knocked Up” and sort-of-sequel “This Is 40,” everybody knows it now.












And Vanity Fair’s in-depth oral history of the coming-of-age comedy by the likes of Seth Rogen, James Franco and Jason Segel details just how hard they worked (even on the weekends) to develop that talent.


“We would get the script on a Friday, and Seth and James and I would get together at my house every Sunday, without fail, and do the scenes over and over and improve them and really think about them,” says Segel, who played Nick Andopolis. “We loved the show. And we took the opportunity really, really seriously.”


Franco – who admits he may have taken himself a bit “too seriously” as a young actor – went to such great lengths to capture the character of bad boy Daniel Desario, that he tracked down and visited the high school that creator Paul Feig (“Bridesmaids”) attended.


“I knew that Paul had grown up just outside of Detroit, and I found his high school,” Franco explains. “I saw all the kids at summer school, and there was this guy the teacher pointed out to me, this kind of rough-around-the-edges-looking kid. He had a kind face, but he looked like he’d been in a little bit of trouble. And I remember thinking, ‘Ah, there’s Daniel.’”


When the trio wasn’t studying “SCTV” alum Joe Flaherty (Mr. Weir) to perfect their improv techniques – a hallmark of the many Apatow comedies – they were working on their writing skills.


“I was interested in the writing,” Franco fondly remembers. “So after hounding Judd and Paul they said, ‘You want to see how it’s written?’ They took me into Judd’s office, and they wrote a scene right in front of me, just improvising as the characters out loud. That was really important for me.”


Apatow and Feig’s influence was, perhaps, more important for Rogen and Segel since writing proved to be a hobby that would eventually elevate their career to the next level. Segal broke through as a screenwriter with 2008′s “Forgetting Sarah Marshall,” but Rogen did it first with his own brand of raunchy, yet heartfelt humor in 2007′s “Superbad” – a movie he began writing when he wasn’t filming “Freaks” scenes as Ken Miller.


“I dropped out of high school when I started doing the show,” Rogen reminisces. “I told them I was doing correspondence school from Canada and just wrote ‘Superbad’ all day.”


They aren’t the only writers to graduate from McKinley High either. John Francis Daley, who portrayed 13-year-old Sam Weir, has written a number of movies currently in production since the success of 2011′s “Horrible Bosses.


TV News Headlines – Yahoo! News


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Smokers celebrate as Wash. legalizes marijuana


SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.


Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.


A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.


"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"


Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.


Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.


In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.


The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.


King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.


Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.


Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."


Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.


In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.


Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."


He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"


"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."


Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.


But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.


The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.


"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."


The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.


That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.


Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.


"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.


___


Johnson can be reached at https://twitter.com/GeneAPseattle


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Rolling Stones hit NY for 50th anniversary gig


NEW YORK (AP) — "Time Waits for No One," the Rolling Stones sang in 1974, but lately it's seemed like that grizzled quartet does indeed have some sort of exemption from the ravages of time.


At an average age of 68-plus years, the British rockers are clearly in fighting form, sounding tight, focused and truly ready for the spotlight at a rapturously received pair of London concerts last month.


On Saturday, Mick Jagger, Keith Richards, Ronnie Wood and Charlie Watts hit New York for the first of three U.S. shows on their "50 and Counting" mini-tour, marking a mind-boggling half-century since the band first began playing its unique brand of blues-tinged rock.


And the three shows — Saturday's at the new Barclays Center in Brooklyn, then two in Newark, N.J., on Dec. 13 and 15 — aren't the only big dates on the agenda. Next week the Stones join a veritable who's who of British rock royalty and U.S. superstars at the blockbuster 12-12-12 Sandy benefit concert at Madison Square Garden. Also scheduled to perform: Paul McCartney, the Who, Eric Clapton, Bruce Springsteen & The E Street Band, Alicia Keys, Kanye West, Eddie Vedder, Billy Joel, Roger Waters and Chris Martin.


The Stones' three U.S. shows promise to have their own special guests, too. Mary J. Blige will be at the Brooklyn gig, as well as guitarist Gary Clark Jr., the band has announced. (Blige performed a searing "Gimme Shelter" with frontman Jagger in London.) Rumors are swirling of huge names at the Dec. 15 show, which also will be on pay-per-view.


In a flurry of anniversary activity, the band also released a hits compilation last month with two new songs, "Doom and Gloom" and "One More Shot," and HBO premiered a new documentary on their formative years, "Crossfire Hurricane."


The Stones formed in London in 1962 to play Chicago blues, led at the time by the late Brian Jones and pianist Ian Stewart, along with Jagger and Richards, who'd met on a train platform a year earlier. Bassist Bill Wyman and drummer Charlie Watts were quick additions.


Wyman, who left the band in 1992, was a guest at the London shows last month, as was Mick Taylor, the celebrated former Stones guitarist who left in 1974 — to be replaced by Wood, the newest Stone and the youngster at 65.


The inevitable questions have been swirling about the next step for the Stones: another huge global tour, on the scale of their last one, "A Bigger Bang," which earned more than $550 million between 2005 and 2007? Something a bit smaller? Or is this mini-tour, in the words of their new song, really "One Last Shot"?


The Stones won't say. But in an interview last month, they made clear they felt the 50th anniversary was something to be marked.


"I thought it would be kind of churlish not to do something," Jagger told The Associated Press. "Otherwise, the BBC would have done a rather dull film about the Rolling Stones."


__


Associated Press writer David Bauder contributed to this report.


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WGN America may be channel of change for Tribune Co.









On Sunday night, WGN-Ch. 9 will air "Bozo's Circus: The Lost Tape," a 1971 episode that an alert archivist discovered after four decades of gathering dust.


At the same time, WGN America, the station's national cable counterpart, will beam reruns of the sitcom "How I Met Your Mother" to its 75 million subscribers across the country.


Part of Tribune Co.'s future may rest with programming decisions like that.





Poised to emerge from its lengthy bankruptcy, the Chicago-based media company is expected to enter the new year with its holdings intact, a clean balance sheet and a plan to sell everything eventually.


The expected decision to name television executive Peter Liguori as Tribune Co.'s chief executive — he was the architect of basic cable powerhouse FX's first-run success — points to unlocking the value of the 34-year-old superstation as integral to a profitable exit strategy for the new owners of Tribune Co.


A source close to the situation told the Tribune that Liguori sees WGN America as an undervalued cable network with tremendous potential, if it gets the programming investment required. Developing the channel will "absolutely be a focus" after Liguori joins the company, which could happen within weeks.


"I'm sure that's the plan," said Derek Baine, a senior media analyst with SNL Kagan. "It all comes down to how much money you're investing in programming to get the viewers."


The new owners, senior creditors Oaktree Capital Management, Angelo, Gordon & Co. and JPMorgan Chase, have made it clear that monetizing Tribune Co.'s publishing, broadcasting and other holdings after a four-year slog through Chapter 11 is a matter of time. The process will likely challenge the maxim that the whole of Tribune Co. — estimated to be worth $4.5 billion post-emergence — is more than the sum of its parts. That's especially true when one of those parts is national cable channel WGN America, a low-rated repository of Cubs games and reruns, whose upside potential may dwarf all of the other assets combined.


Broadcasting assets, including 23 television stations, WGN-AM 720, CLTV and WGN America, represent the core profit center and account for $2.85 billion of Tribune Co.'s value, according to financial adviser Lazard. Tribune's eight daily newspapers, including the Chicago Tribune, are worth $623 million, and other strategic assets, such as stakes in CareerBuilder and Food Network, are valued at $2.26 billion, according to a 2012 report by Lazard.


The value of the TV stations, including KTLA-TV in Los Angeles and WPIX-TV in New York, should benefit from an improving appetite for acquisitions, according to analysts. But WGN America, with the help of a few hit shows and some rebranding, could be the sleeping giant on the books. Turner Broadcasting's TBS, for example, has five times the audience and seven times the cash flow of WGN America and carries a distinct brand. It is worth more than twice that of the entire Tribune Co.


Liguori's success at FX Networks could well be the blueprint. After joining what was a small basic cable channel in 1998, Liguori was elevated to CEO in 2001 and transformed the network by offering original programming such as "The Shield," "Nip/Tuck" and "Rescue Me," building ratings and revenues in the process.


"You just need a couple of hit shows and then you can start building a schedule around them," Baine said. "A lot of these cable networks, you take one hit show and get people hooked on it and then you can stick another one in the time slot right behind it and start building on that."


Last year, FX had a cash flow of nearly $553 million on net revenue of more than $1 billion, making the network worth nearly $8 billion, Baine said.


WGN America is often compared with TBS to illustrate the upside, and the divergent paths the two original superstations have taken as the cable network model — a dual revenue stream of affiliate fees and advertising dollars — has evolved over the last two decades.


Both WGN and WTBS were uploaded to satellite in the late '70s, filling the programming void for distant cable systems with local baseball and "Andy Griffith" reruns. TBS became a division of Time Warner in 1996 and transformed into a full-fledged cable network, shelving old reruns for off-network sitcoms, benching the Atlanta Braves for national MLB coverage and rolling out first-run programming featuring everything from Tyler Perry to Conan O'Brien. The network dropped "superstation" and rebranded itself with slogans such as "very funny."


One advantage FX, which is part of Rupert Murdoch's News Corp., and TBS have enjoyed is the connection to a media empire with programming prowess and deep pockets.


Meanwhile, WGN has clung to the vestiges of its lower-cost superstation model, meaning cable and satellite systems can't insert local commercials and must pay copyright fees for the programming to the government. Content shifts between local and national, with Cubs baseball and Chicago news still broadcast across the country. There is a dearth of first-run programming, and the schedule is dotted with such fillers as "In the Heat of the Night" and "Walker: Texas Ranger." Even Andy Griffith remains in the mix with "Matlock," part of a block of programming to cover the "WGN Morning News," which is not broadcast nationally.


Not surprisingly, WGN America lags TBS and FX in ratings, revenue and distribution.


TBS is ranked 11th, FX is 13th and WGN America 40th in average viewership among cable networks through November, according to Nielsen.


Of the more than 114 million homes receiving cable in the U.S., TBS reaches 99.7 million, FX 97.9 million and WGN America 75 million, according to Nielsen. One of the biggest holes in WGN's coverage area is New York City, where the station has never quite found its way into the cable lineup. Nationally, TBS and FX are included in the basic packages for Dish Network and DirecTV, while WGN America is relegated to the second or third tier.





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Supreme Court to review gay marriage cases









The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.

The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.









The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.

The cases probably will be argued in March, with decisions expected by late June.

Gay marriage is legal, or will be soon, in nine states — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington — and the District of Columbia. Federal courts in California have struck down the state's constitutional ban on same-sex marriage, but that ruling has not taken effect while the issue is being appealed.

Voters in Maine, Maryland and Washington approved gay marriage earlier this month.

But 31 states have amended their constitutions to prohibit same-sex marriage. North Carolina was the most recent example in May. In Minnesota earlier this month, voters defeated a proposal to enshrine a ban on gay marriage in that state's constitution.

The biggest potential issue before the justices comes in the dispute over California's Proposition 8, the state constitutional ban on gay marriage that voters adopted in 2008 after the state Supreme Court ruled that gay Californians could marry. The case could allow the justices to decide whether the U.S. Constitution's guarantee of equal protection means that the right to marriage cannot be limited to heterosexuals.

A decision in favor of gay marriage could set a national rule and overturn every state constitutional provision and law banning same-sex marriages. A ruling that upheld California's ban would be a setback for gay marriage proponents in the nation's largest state, although it would leave open the state-by-state effort to allow gays and lesbians to marry.

In striking down Proposition 8, the 9th U.S. Circuit Court of Appeals crafted a narrow ruling that said because gay Californians already had been given the right to marry, the state could not later take it away. The ruling studiously avoided any sweeping pronouncements.

The larger constitutional issue almost certainly will be presented to the court, but the justices would not necessarily have to rule on it.

The other issue the high court will take on involves a provision of the Defense of Marriage Act, known by its acronym DOMA, which defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.

Four federal district courts and two appeals courts struck down the provision.

The justices chose for their review the case of 83-year-old Edith Windsor, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.

There is no dispute that if Windsor had been married to a man, her estate tax bill would have been $0.

The 2nd U.S. Circuit Court of Appeals in New York agreed with a district judge that the provision of DOMA deprived Windsor of the constitutional guarantee of equal protection.

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Exclusive: Google to replace M&A chief


SAN FRANCISCO (Reuters) - Google Inc is replacing the head of its in-house mergers and acquisitions group, David Lawee, with one of its top lawyers, according to a person familiar with the matter.


Don Harrison, a high-ranking lawyer at Google, will replace Lawee as head of the Internet search company's corporate development group, which oversees mergers and acquisitions, said the source, who spoke anonymously because he was not authorized to speak publicly.


Google is also planning to create a new late-stage investment group that Lawee will oversee, the source said.


Google declined to comment. Lawee and Harrison could not immediately be reached for comment.


One of the Internet industry's most prolific acquirers, Google has struck more than 160 deals to acquire companies and assets since 2010, according to regulatory filings. Many of Google's most popular products, including its online maps and Android mobile software, were created by companies or are based on technology that Google acquired.


Harrison, Google's deputy general counsel, will head up the M&A group at a time when the company is still in the process of integrating its largest acquisition, the $12.5 billion purchase of smartphone maker Motorola Mobility, which closed in May.


And he takes over at a time when the Internet search giant faces heightened regulatory scrutiny, with the U.S. Federal Trade Commission and the European Commission conducting antitrust investigations into Google's business practices. Several recent Google acquisitions have undergone months of regulatory review before receiving approval.


As deputy general counsel, Harrison has been deeply involved in the company's regulatory issues and many of its acquisitions. He joined Google more than five years ago and has completed more than 70 deals at the company, according to biographical information on the Google Ventures website.


Harrison is an adviser to Google Ventures, the company's nearly four-year old venture division which provides funding for start-up companies.


While most of Google's acquisitions are small and mid-sized deals that do not meet the threshold for disclosure of financial terms, Google has a massive war chest of $45.7 billion in cash and marketable securities to fund acquisitions.


Lawee, who took over the M&A group in 2008, has had hits and misses during his tenure. Google shut down social media company Slide one year after acquiring it for $179 million, for example.


The planned late-stage investment group has not been finalized, the source said. The fund might operate separately from Google Ventures, according to the source.


"Think of it as a private equity fund inside of Google," the source said.


The company recently said it would increase the cash it allocates to Google Ventures to $300 million a year, up from $200 million, potentially helping it invest in later-stage financing rounds.


Google finished Friday's regular trading session down 1 percent, or $6.92, at $684.21.


(Reporting By Alexei Oreskovic; editing by Carol Bishopric and Jim Loney)



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Te'o and Manziel hit Manhattan with Heisman hopes


NEW YORK (AP) — Notre Dame linebacker Manti Te'o was looking forward to a break after a five-city-in-five-days tour, during which he has become the most decorated player in college football.


"I'm just trying to get a workout in and get some sleep," he said Friday about his plans for the night.


Texas A&M quarterback Johnny Manziel seemed to have more energy when he arrived at a midtown Manhattan hotel with his fellow Heisman Trophy finalist. In fairness, Johnny Football's week hasn't been nearly as hectic, though this trip to New York city is different from the first time he visited with his family when he was young.


"It's just taking it up a whole 'nother level, but happy to be here," he said.


Manziel and Te'o spent about 30 minutes getting grilled by dozens of reporters in a cramped conference room, posed for some pictures with the big bronze statue that they are hoping to win and were quickly whisked away for more interviews and photo opportunities.


Manziel, Te'o or Collin Klein, the other finalists who couldn't make it to town Friday, each has a chance to be a Heisman first Saturday night.


Manziel is trying to be the first freshman to win the award. Te'o would be the first winner to play only defense. Klein would be Kansas State's first Heisman winner.


Manziel and Te'o were on the same flight from Orlando, Fla., where several college football awards were handed out last night. The 6-foot-1, 200-pound quarterback was just happy the 255-pound linebacker didn't try to record another sack when they met.


"He's a big guy," Manziel said, flashing a big smile from under his white Texas A&M baseball cap. "I thought he might stuff me in locker and beat me up a little bit."


The two hadn't had much time for sightseeing yet, but they did walk around Times Square some, saying hello to a few fans. They probably weren't too difficult to spot in their team issued warm-up gear.


"We've just been talking about goofy stuff. Playing video games. Playing Galaga. Just some things from back in the day. Messing around with each other," Manziel said. "Kind of seeing who is going to take more pictures. He's definitely taking that award right now."


Te'o is already going to need a huge trophy case to house his haul from this week. He has won six major awards, including the Maxwell as national player of the year. He'll try to become Notre Dame's eighth Heisman winner and first since Tim Brown in 1987.


"I can only imagine how I would feel if I win the Heisman," he said.


Charles Woodson of Michigan in 1997 is the closest thing to a true defensive player winning the Heisman. Woodson was a dominant cornerback, but he also returned punts and played a little receiver. That helped burnish his Heisman credentials.


Te'o is all linebacker. He leads the top-ranked Fighting Irish with 103 tackles and seven interceptions.


Klein was the front-runner for the Heisman for a good chunk of the season, but he played his worst game late in the season — in a loss at Baylor — and the momentum Manziel gained by leading Texas A&M to victory at Alabama has been tough to stop.


Manziel's numbers are hard to deny. He set a Southeastern Conference record with 4,600 total yards, throwing for more than 3,000 and rushing for more than 1,000.


Klein, by comparison, averages about 100 fewer total yards per game (383-281) than Manziel.


A freshman has never won the Heisman. Oklahoma running back Adrian Peterson came closest in 2004, finishing second by Southern California's Matt Leinart.


Manziel is a redshirt freshman, meaning he attended Texas A&M and practiced with the team but did not play last year. Still, he'd be the most inexperienced college player to win the sport's most prestigious award.


"It's surreal for me to sit here and think about that this early in my career," he said. "With what me and my teammates have gone through, with how they've played and how they've helped me to get to this point, it's just a testament to how good they are and how good they've been this year.


"Without them I wouldn't be here and that's the real story to all this."


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Billionaire Aldi heir dies aged 58












FRANKFURT (Reuters) – German billionaire Berthold Albrecht, heir to the Aldi supermarket chain and one of Germany‘s richest men, has died aged 58, his family announced on Friday.


Together with his brother Theo Jr, Albrecht’s fortune was estimated at $ 17.8 billion, according to Forbes. That placed them at 32 in the list of Forbes billionaires and second for Germany.












Berthold was a fighter, and full of hope to the end,” his wife, Babette, wrote in a full-page notice published in several German newspapers.


The notice from the notoriously reclusive family said that the funeral had taken place in November, but it did not give further details of the circumstances of his death.


Berthold was the son of Aldi co-founder Theo Albrecht, who died at the age of 88 in July 2010.


After the Second World War, Theo and his brother Karl turned the small grocery store their mother operated in Essen into one of the nation’s largest food retail chains, with a focus on a limited range of goods at bargain prices.


Aldi was split into two divisions covering north and south Germany in 1960. Theo took the north and Karl the south. Karl, aged 92, is classified by Forbes as the richest man in Germany with a fortune of $ 25.4 billion.


The Aldi empire, which has estimated worldwide annual turnover of about 50 billion euros ($ 65 billion), also owns the Trader Joe’s grocery chain in the United States. In Europe it competes with the likes of Tesco, Carrefour and Metro.


Berthold worked on the board of directors at Aldi North. ($ 1 = 0.7700 euros)


(Reporting by Victoria Bryan; Editing by David Goodman)


Celebrity News Headlines – Yahoo! News


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Smokers celebrate as Wash. legalizes marijuana


SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.


Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.


A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.


"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"


Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.


Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.


In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.


The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.


King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.


Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.


Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."


Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.


In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.


Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."


He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"


"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."


Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.


But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.


The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.


"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."


The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.


That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.


Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.


"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.


___


Johnson can be reached at https://twitter.com/GeneAPseattle


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Viral rapper PSY apologizes for anti-US protests


South Korean rapper and Internet sensation PSY is apologizing to Americans for participating in anti-U.S. protests several years ago.


Park Jae-sang, who performs as PSY, issued a statement Friday after reports surfaced that he had participated in concerts protesting the U.S. military presence in South Korea during the early stages of the Iraq war.


At a 2004 concert, the "Gangnam Style" rapper performs a song with lyrics about killing "Yankees" who have been torturing Iraqi captives and their families "slowly and painfully." During a 2002 concert, he smashed a model of a U.S. tank on stage.


"While I'm grateful for the freedom to express one's self, I've learned there are limits to what language is appropriate and I'm deeply sorry for how these lyrics could be interpreted," he wrote in the statement. "I will forever be sorry for any pain I have caused by those words."


The 34-year-old rapper says the protests were part of a "deeply emotional" reaction to the war and the death of two Korean school girls, who were killed when a U.S. military vehicle hit them as they walked alongside the road. He noted anti-war sentiment was high around the world at the time.


PSY attended college in the U.S. and says he understands the sacrifices U.S. military members have made to protect South Korea and other nations. He has recently performed in front of servicemen and women.


"And I hope they and all Americans can accept my apology," he wrote. "While it's important that we express our opinions, I deeply regret the inflammatory and inappropriate language I used to do so. In my music, I try to give people a release, a reason to smile. I have learned that thru music, our universal language we can all come together as a culture of humanity and I hope that you will accept my apology."


His participation in the protests was no secret in South Korea, where the U.S. has had a large military presence since the Korean War, but was not generally known in America until recent news reports.


PSY did not write "Dear American," a song by the Korean band N.EX.T, but he does perform it. The song exhorts the listener to kill the Yankees who are torturing Iraqi captives, their superiors who ordered the torture and their families. At one point he raps: "Kill their daughters, mothers, daughters-in-law, and fathers/Kill them all slowly and painfully."


PSY launched to international acclaim based on the viral nature of his "Gangnam Style" video. It became YouTube's most watched video, making him a millionaire who freely crossed cultural boundaries around the world. Much of that success has happened in the U.S., where the rapper has managed to weave himself into pop culture.


He recently appeared on the American Music Awards, dancing alongside MC Hammer in a melding of memorable dance moves that book-end the last two decades. And the Internet is awash with copycat versions of the song. Even former Republican Sen. Alan Simpson, the 81-year-old co-chairman of President Barack Obama's deficit commission, got in on the fun, recently using the song in a video to urge young Americans to avoid credit card debt.


It remains to be seen how PSY's American fans will react. Obama, the father of two pop music fans, wasn't letting the news change his plans, though.


Earlier Friday, the White House confirmed Obama and his family will attend a Dec. 21 charity concert where PSY is among the performers. A spokesman says it's customary for the president to attend the "Christmas in Washington" concert, which will be broadcast on TNT. The White House has no role in choosing performers for the event, which benefits the National Children's Medical Center.


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American Airlines pilots ratify union contract









Pilots at American Airlines on Friday ratified a new union labor contract in a move that may help the airline emerge from bankruptcy protection and pave the way for a merger with US Airways, which reportedly has made a formal bid to combine two of the nation's largest carriers.

The new pilot contract, among other terms, includes pay raises and a 13.5 percent stake in the company in exchange for allowing the airline to outsource more of its flying to regional jets and airline partners.

Friday's ratification removes uncertainty created by the unresolved pilot contract, so creditors in the bankruptcy "can focus without distraction on the underlying strategic and financial merit of an AMR/US Airways merger," the pilots union said recently in a missive to members.





And the pilots' 13.5 percent stake in the company, which besides being worth at least $100,000 per pilot on average, gives the union "important influence over the restructuring process, including input in the selection of a new AMR leadership and the optimal strategic alternative," said Dennis Tajer, spokesman for the Allied Pilots Association.

Jamie Baker, a stock analyst with JPMorgan Securities, agreed in a research note to clients, writing "ratification helps ease the way towards a potential merger. ... A failure to ratify would have essentially stopped the clock, in our view, further dragging out an already complex process."

US Airways' merger proposal could value the combined airline at around $8.5 billion, and a deal could come as soon as January, Reuters reported Friday, citing two unnamed sources.

The union contract agreement with AMR was approved by 74 percent of Allied Pilots Association members overall and 86 percent of Chicago-based pilots, the union reported. AMR and pilots have been trying to agree on a new collective bargaining agreement since 2006. 

Thousands of American Airlines passengers in late September and early October were affected by the labor dispute between management and pilots when the airline experienced rampant delays and cancellations nationwide, which also involved hundreds of flights at O'Hare International Airport. The airline blamed pilots for the operational failures, although the Allied Pilots Association denied organizing a work slowdown.

Earlier this week, a union message to pilots said the contract is not perfect, but there was a limit to what can be achieved in bankruptcy. "It's not a 'scorched earth' bankruptcy contract," wrote APA Vice President Tony Chapman. "It's a contract that retains much of what constitutes our quality of life and eventually closes the pay gap with our brethren at United and Delta."

Denise Lynn, American Airlines senior vice president of people, said in a statement that the contract "is an important step forward in our restructuring."

"Today's ratification gives us the certainty we need for American to successfully restructure, providing opportunity and growth for all of our people and stakeholders," Lynn said.

Pilots are the last union at American to reach a deal with the airline. But even with ratification of the contract, pilots say they support an AMR merger with US Airways, with whom all AMR unions already struck labor agreements. 

American Airlines officials have said they prefer the airline to emerge from bankruptcy as a stand-alone company. 

"This ratified agreement should not in any way be viewed as support for the American stand-alone plan or for this current management team," Tajer said. "We continue to support an American Airlines-US Airways merger as the best way to strengthen our airline and enhance our pilots' long-term career prospects. ... This contract represents a bridge to a merger with US Airways."

Ray Neidl, aerospace analyst with Maxim Group, sees pros and cons to a combination with US Airways.

"Advantages of a merger would give the enlarged entity the size to compete with Delta Air Lines and United Airlines, both of which overtook American after their own mergers with other carriers in recent years," Neidl wrote in a note to investors Friday. "We believe the disadvantage would be that it would be a difficult merger to engineer and could create major disruptions over at least the next two years."

Tom Horton, AMR's chief executive, said in a letter to employees Friday that management is still evaluating a merger with US Airways. "We expect to have a conclusion on this soon," he wrote.

American Airlines, the No. 2 carrier in the Chicago region, entered bankruptcy protection in an attempt to cut labor costs, as its major competitors already have done.

The largest carrier in the Chicago region, United Continental Holdings, has also experienced contract disputes with pilots this year. But Chicago-based United Continental, parent of United Airlines, also has a tentative agreement with its pilots. Ratification voting on that contract opened Nov. 30 and runs through Dec. 15.

gkarp@tribune.com





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Preckwinkle rips Emanuel, McCarthy's handling of violence









Cook County Board President Toni Preckwinkle today publicly blasted Mayor Rahm Emanuel’s crime-fighting strategy and the quality of the public schools he controls, then quickly walked back the remarks.

The Democratic leader said her criticism was targeted at society as a whole and not the mayor personally, much as she did last summer when she harshly criticized former President Ronald Reagan for his role in the war on drugs.

The comments about Emanuel came during a question-and-answer session during a luncheon at the Union League Club. Preckwinkle was asked how to address Chicago violence.

“Clearly, this mayor and this police chief have decided the way in which they are going to deal with the terrible violence that faces our community is just arrest everybody,” Preckwinkle said. “I don’t think in the long term that’s going to be successful.

“We’re going to have to figure out how to have interventions that are more comprehensive than just police interventions in the communities where we have the highest rates of crime. And they’re almost all in African-American and Latino communities.”

Homicides and shootings in Chicago have attracted national attention this year following a spike in the city’s murder rate and brazen incidents such as the shooting of a young man at a funeral for a gang member.

Preckwinkle said much of the problem results from a school system that has a low high school graduation rate.

“We have contented ourselves with a miserable education system that has failed many of our children,” Preckwinkle said, saying more after-school enrichment and job-training programs are needed. “I’m talking about the kids who don’t graduate, let alone the kids who graduate don’t get a very good education, even with a high school diploma.”

Emanuel aides responded with restraint, saying the mayor is taking many of the actions Preckwinkle said were needed, even as he maintained a tough stance on crime.


“Mayor Emanuel strenuously agrees that a holistic approach is necessary to successfully address crime,” Emanuel spokeswoman Sarah Hamilton said in a statement. “His multi-part strategy ranges from improving early childhood education, providing a longer school day and creating re-engagement centers for youth, to delivering wrap-around services, revitalizing the community policing program and working to prevent retaliatory actions by gangs.


“All of these work in tandem, but let's make no mistake, criminals deserve to be arrested,” the statement read.

At a news conference after her speech and question session, Preckwinkle said her criticism of schools wasn’t aimed at Emanuel, who as mayor appoints the Chicago Public Schools board and picks the system’s CEO.

“This was a critique of all of us, it wasn’t aimed at the mayor,” said Preckwinkle, a former CPS high school history teacher.

Preckwinkle also acknowledged that Emanuel is putting more city money into early childhood education, after-school programs and youth job programs — in part through programs coordinated with the county.

Her point, she said, was that education over the long run will do more to quell violence than arresting people and locking them up.

“You know unfortunately we live in a country in which we are much more willing to spend money on keeping people in prison than we are on educating them in our public schools,” she said. “And that’s disgraceful. It reflects badly on all of us.”

She added, “I don’t think we are going to arrest our way out of our violence problems.”

Mayor Emanuel's aides said they just learned of the remarks and are preparing a response.

Preckwinkle is a liberal who has been consistently critical of a justice system that locks up African-American and Latino men in far greater numbers than their white counterparts, particularly for drug crimes when studies show drugs are used in equal numbers across ethnic and racial boundaries

It wasn’t the first time that, while speaking without a script, she made comments that ruffled some feathers.

In August, she said former President Ronald Reagan deserved “a special place in hell” for his role in the War on Drugs, later saying she regretted the “inflammatory” remark.

hdardick@tribune.com

Twitter @ReporterHal



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Apple, Samsung spar in court, ruling to come


SAN JOSE, California (Reuters) - Apple Inc and Samsung Electronics squared off again in court on Thursday, as the iPhone maker tried to convince a U.S. district judge to ban sales of a number of the South Korean company's devices and defended its $1.05 billion jury award.


Apple scored a sweeping legal victory in August at the conclusion of its landmark case against its arch-foe, when a U.S. jury found Samsung had copied critical features of the iPhone and iPad and awarded it damages.


Both sides re-convened on Thursday. U.S. District Judge Lucy Koh listened to a range of arguments on topics from setting aside the jury's findings on liability to alleged juror misconduct and the requested injunction.


The hearing concluded with Koh promising to rule at a later date.


Twenty-four of Samsung's smartphones were found to have infringed on Apple's patents, while two of Samsung's tablets were cleared of similar allegations.


Koh began by questioning the basis for some of the damages awarded by the jury, putting Apple's lawyers on the defensive.


"I don't see how you can evaluate the aggregate verdict without looking at the pieces," Koh said.


Samsung's lawyers argued the ruling against it should be "reverse engineered" to be sure the $1.05 billion was legally arrived at by the jury and said that on that basis, the amount should be slashed. Apple countered that the ruling was reasonable.


"Assuming I disagree with you, what do I do about Captivate, Continuum, Droid Charge, Epic 4G, and Gem?" Koh asked Apple's lawyers, referring to the jury's calculation of damages regarding some of Samsung's devices.


FIERCEST RIVAL


Samsung is Apple's fiercest global business rival and their battle for consumers' allegiance is helping shape the landscape of the booming smartphone and tablet industry -- a fight that has claimed several high-profile victims, including Nokia.


While the trial was deemed a resounding victory for Apple, the company has since seen its market value shrink as uncertainty grows about its ability to continue fending off an assault by Samsung and other Google Inc Android gadgets on its home turf.


Apple's stock has nosedived 18 percent since the August 24 verdict, while Samsung's has gained around 16 percent.


Most of the devices facing injunction are older and, in some cases, out of the market.


Such injunctions have been key for companies trying to increase their leverage in courtroom patent fights.


In October, a U.S. appeals court overturned a pretrial sales ban against Samsung's Galaxy Nexus smartphone, dealing a setback to Apple's battle against Google Inc's increasingly popular mobile software.


Some analysts say Apple's willingness to license patents to Taiwan's HTC could convince Koh it does not need the injunction, as the two companies could arrive at a licensing deal.


Apple is also attempting to add more than $500 million to the $1 billion judgment because the jury found Samsung willfully infringed on its patents. A Samsung lawyer argued against willful damages and said the base amount for calculating any potential willful damages should be just $10 million.


Samsung wants the verdict overturned, saying the jury foreman did not disclose that he was once in litigation with Seagate Technology, a company that Samsung has invested in.


"He should have been excused for cause," said Samsung lawyer Charles Verhoeven. "Such a juror was a juror in name only."


The juror misconduct charge is "unlikely to have much traction," said Christopher Carani, a partner at Chicago-based intellectual property law firm McAndrews, Held & Malloy, Ltd.


Both Apple and Samsung have filed separate lawsuits covering newer products, including the Samsung Galaxy Note II. That case is pending in U.S. District Court in San Jose and is set for trial in 2014.


(Reporting By Noel Randewich; Editing by Kim Coghill)



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NHL rejects players' offer to break labor impasse


NEW YORK (AP) — Instead of closing in on a deal, the NHL and the players' association are further apart than ever before.


Union executive director Donald Fehr began the first of his two news conferences Thursday night by proclaiming he believed the sides had agreements on such issues as actual dollars, and then returned moments later to reveal the NHL rejected everything his side offered.


Hot-button topics such as the "make-whole" provision on existing contracts not only weren't settled, but are no longer being offered by the league. Forget that owners were willing to pay up to $300 million to cover the costs, now Commissioner Gary Bettman is saying the entire concept is off the table — along with everything else the league proposed during the previous two days of talks.


"They knew there was a major gulf between us and yet they came down here and told you we were close," deputy commissioner Bill Daly said.


Fehr vehemently disputed that assessment and stuck to his opinion that the sides really aren't far apart, saying they are "clearly very close if not on top of one another."


When the NHL agreed to increase its make-whole offer of deferred payments from $211 million to $300 million it was part of a proposed package that required the union to agree on three nonnegotiable points. Instead, the players' association accepted the raise in funds, but then made counterproposals on the issues the league stated had no wiggle room.


That ended Thursday's delayed meeting after just an hour and sent the NHL negotiating team back to the league office.


"I am disappointed beyond belief," Bettman said. "We're going to take a deep breath and look back at where we are and what needs to be accomplished."


The sides won't meet again before Saturday at the earliest. While Bettman insisted that a drop-dead date for a deal that would preserve a season with "integrity" hasn't been established — even internally — clearly there isn't a lot of time to work out an agreement.


"I'm surprised," Pittsburgh Penguins star Sidney Crosby said. "We feel like we moved in their direction."


The 2004-05 season was lost completely before the players' association accepted a deal that included a salary cap for the first time. While no major philosophical issues such as that exist in these negotiations, the sides still don't appear to be ready to come to an agreement.


"It looks like this is not going to be resolved in the immediate future," Fehr said.


A 48-game season was played in 1995 after a lockout stretched into January. Bettman said he wouldn't have a season shorter than that.


As Donald Fehr was painting a positive picture, Daly was calling Fehr's brother, Steve — the union's special counsel — to say that the NHL was rejecting the players' counteroffer. Once the union was unwilling to accept the league's three main conditions, nothing else mattered.


"Not only is it unusual, I would be hard-pressed to think of anything comparable in my experience," Steve Fehr said about the instant rejection.


The NHL wants to limit personal player contracts to five years, seven for a club's own player, and has elevated the issue to the highest level of importance. The union countered with an offer of an eight-year maximum length with the variable in salary being no greater than a 25 percent difference between the highest-paid year of the deal and the lowest.


"It's the hill we will die on," said Daly, who added that the owners were "insulted" by the players' response to the owners' offer Wednesday night.


The other sticking points the NHL demanded of the players are a 10-year term on the new agreement, with a mutual opt-out option after eight years, and no compliance buy-outs or caps on escrow in the transition phase to the new structure. The union presented an offer of an eight-year deal with a reopener after six.


The NHL believes that the union merely wants to take the parts of the offer it wants and then try to negotiate on the other conditions that make those parts possible.


"The take or give or bottom line on all this is it appears that the union is suggesting because we made substantial movements in certain areas that we're close to a deal," Bettman said. "Those moves were contingent on the union specifically agreeing on other things, which while the union may have moved toward, didn't agree to."


Talks resumed Tuesday night with owners and players in the room, and Bettman and Donald Fehr on the outside. It sparked what seemed to be the most optimistic developments in the lockout that has lasted 82 days.


But the tenor began to change Wednesday, and discourse erupted on a wild Thursday night that featured three news conferences in the span of an unprecedented hour of chaos. The sides went from not wanting to say much of anything Wednesday to not being able to stop voicing their opinions Thursday.


When the players suggested Wednesday night that they wanted Donald Fehr to rejoin the negotiations Thursday, the NHL informed them that his inclusion could be a "deal-breaker."


"We thought we were getting close. There was definitely movement toward each other," Winnipeg Jets defenseman Ron Hainsey said. "As confident as some of us players are in the issues, we cannot close deals. I'd love to think I could, we cannot."


Donald and Steve Fehr were in Thursday's session, as were Daly and lead league counsel Bob Batterman. None of the six owners who attended the meetings Tuesday and Wednesday were present, though some players were.


Steve Fehr and a number of players stood in the back of the room with arms folded as Bettman and Daly stood at the podium to present the league's position.


There were already signs the process was breaking down earlier Thursday when the union requested that federal mediators rejoin the discussions. A similar request was turned down by the league earlier this week. Mediators previously were unsuccessful in creating a breakthrough after two days of discussions last week.


Without mediation, and the NHL's preference to keep Donald Fehr away from the table, the players became a bit miffed.


Negotiations resumed a little after 2 p.m. Wednesday and proceeded in fits and starts as the league and the players' association searched for an agreement. As they had the day before, talks went deep into the night, breaking two hours for dinner before finishing in the early morning hours.


One point of contention is the length of a new contract, with owners looking for a 10-year pact, and players wanting a shorter term. The league also is seeking to limit the length of individual player contracts to five years.


"What we got today, quite frankly and disappointingly, missed the mark on all three respects," Daly said. "So for the union to suggest somehow we are close, is cherry picking and it's unfortunate."


Some hope emerged Tuesday in the first round of talks that kept Bettman on the outside along with Fehr, while six owners and about 18 players talked inside. The positive feeling carried over into Wednesday morning when various team executives said they heard good reports during an NHL board of governors meeting.


There were no owners present for the final round of talks Thursday, but those who joined the process for the first time during the week expressed their disappointment following the breakdown in negotiations.


"Regrettably, we have been unable to close the divide on some critical issues that we feel are essential to the immediate and long-term health of our game," Winnipeg Jets chairman Mark Chipman said in a statement released by the NHL. "While I sense there are some members of the players association that understand our perspective on these issues, clearly there are many that don't."


The sides are trying to avoid another lost season. The NHL became the first North American professional sports league to cancel a full year because of a labor dispute back in 2005. The deal reached then was in place until this September, and the lockout was enacted on Sept. 16 after that agreement expired.


"While trust was built and progress was made along the way, unfortunately, our proposal was rejected by the Union's leadership," Toronto Maple Leafs minority owner Larry Tanenbaum said in a statement. "My love for the game is only superseded by my commitment to our fans, and I hold out hope we can soon join with our players and return the game back to its rightful place on the ice.


All games through Dec. 14, along with the New Year's Day Winter Classic and the All-Star game, have been wiped off the schedule. More cancellations could be coming within days.


"I am very disappointed and disillusioned," Tanenbaum said. "Had I not experienced this process myself, I might not have believed it."


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George Zimmerman sues NBC and reporters












ORLANDO, Fla. (AP) — George Zimmerman sued NBC on Thursday, claiming he was defamed when the network edited his 911 call to police after the shooting of Trayvon Martin to make it sound like he was racist.


The former neighborhood watch volunteer filed the lawsuit seeking an undisclosed amount of money in Seminole County, outside Orlando. Also named in the complaint were three reporters covering the story for NBC or an NBC-owned television station.












The complaint said the airing of the edited call has inflicted emotional distress on Zimmerman, making him fear for his life and causing him to suffer nausea, insomnia and anxiety.


The lawsuit claims NBC edited his phone call to a dispatcher in February. In the call, Zimmerman describes following Martin in the gated community where he lived, just moments before he fatally shot the 17-year-old teen during a confrontation.


“NBC saw the death of Trayvon Martin not as a tragedy but as an opportunity to increase ratings, and so set about to create a myth that George Zimmerman was a racist and predatory villain,” the lawsuit claims.


NBC spokeswoman Kathy Kelly-Brown said the network strongly disagreed with the accusations made in the complaint.


“There was no intent to portray Mr. Zimmerman unfairly,” she said. “We intend to vigorously defend our position in court.”


Three employees of the network or its Miami affiliate lost their jobs because of the changes.


Zimmerman is charged with second-degree murder but has pleaded not guilty, claiming self-defense under Florida’s “stand your ground law.”


The call viewers heard was trimmed to suggest that Zimmerman volunteered to police, with no prompting, that Martin was black: “This guy looks like he’s up to no good. He looks black.”


But the portion of the tape that was deleted had the 911 dispatcher asking Zimmerman if the person who had raised his suspicion was “black, white or Hispanic,” to which Zimmerman responded, “He looks black.”


Entertainment News Headlines – Yahoo! News


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Celebrations planned as Wash. legalizes marijuana


SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.


Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.


Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.


"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."


In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.


That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.


The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."


Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.


Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."


Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.


But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.


The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.


"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.


The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.


That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.


Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.


___(equals)


Johnson can be reached at https://twitter.com/GeneAPseattle


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George Zimmerman sues NBC and reporters


ORLANDO, Fla. (AP) — George Zimmerman sued NBC on Thursday, claiming he was defamed when the network edited his 911 call to police after the shooting of Trayvon Martin to make it sound like he was racist.


The former neighborhood watch volunteer filed the lawsuit seeking an undisclosed amount of money in Seminole County, outside Orlando. Also named in the complaint were three reporters covering the story for NBC or an NBC-owned television station.


The complaint said the airing of the edited call has inflicted emotional distress on Zimmerman, making him fear for his life and causing him to suffer nausea, insomnia and anxiety.


The lawsuit claims NBC edited his phone call to a dispatcher in February. In the call, Zimmerman describes following Martin in the gated community where he lived, just moments before he fatally shot the 17-year-old teen during a confrontation.


"NBC saw the death of Trayvon Martin not as a tragedy but as an opportunity to increase ratings, and so set about to create a myth that George Zimmerman was a racist and predatory villain," the lawsuit claims.


NBC spokeswoman Kathy Kelly-Brown said the network strongly disagreed with the accusations made in the complaint.


"There was no intent to portray Mr. Zimmerman unfairly," she said. "We intend to vigorously defend our position in court."


Three employees of the network or its Miami affiliate lost their jobs because of the changes.


Zimmerman is charged with second-degree murder but has pleaded not guilty, claiming self-defense under Florida's "stand your ground law."


The call viewers heard was trimmed to suggest that Zimmerman volunteered to police, with no prompting, that Martin was black: "This guy looks like he's up to no good. He looks black."


But the portion of the tape that was deleted had the 911 dispatcher asking Zimmerman if the person who had raised his suspicion was "black, white or Hispanic," to which Zimmerman responded, "He looks black."


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Lurie Children's Hospital sees surge in patients at new Chicago building









Executives at the Ann & Robert H. Lurie Children's Hospital of Chicago expected a "bump" in patients when the $855 million hospital opened in June.


They weren't prepared for a mountain.


Since the former Children's Memorial traded its patchwork of aging buildings in Lincoln Park for a new high-rise in Streeterville on June 9, patient volume has surged, more than doubling hospital projections.





The number of patients is up about 16 percent in the first five months, according to hospital data, an increase driven by an influx of children with more acute health problems, including transplant patients, kids with heart problems and others in need of specialized care.


Revenue over that five-month period increased 12.9 percent to $222 million.


"We expected to have a new-hospital bump in (patients). We had a new-hospital mountain," said Michelle Stephenson, Lurie Children's chief patient care services officer and chief nurse executive. "We've had some months where the (number of inpatients) was 24 percent over what we expected. "


To meet the demand, the hospital hired 151 nurses to ensure full coverage, she said.


Those new hires came on top of about three dozen pediatric specialists and department heads Lurie Children's recruited in the run-up to the hospital opening.


Stephenson said the hospital has yet to determine the specific reasons behind the jump in patients, but said data shows it is drawing more children from the collar counties and downstate.


She also cited the location, adjacent to Northwestern Memorial Hospital, Northwestern University's Feinberg School of Medicine and Prentice Women's Hospital, which is connected to Lurie via an enclosed skyway.


Moving 31/2 miles south next to Prentice, which sends Lurie about a quarter of its patients, is likely a significant factor in the patient boom, said Jay Warden, a senior vice president at The Camden Group, a consulting firm.


"It used to be a challenge for moms to have a baby transferred to Children's while they had to stay at Prentice until they're discharged," Warden said. "Now it's the best of both worlds for both hospitals."


Warden said hospitals typically get a burst of new patients when they open facilities, in part because of the accompanying marketing and publicity blitz. That's not always the case with children's hospitals, which tend to serve the sickest and smallest of patients who have few other options.


He said limitations at the old hospital likely kept some patients away.


Indeed, Children's Memorial had a listed capacity of 247 beds, but with shared rooms and other factors, executives considered the hospital full at 220 patients, Stephenson said. The Lurie hospital has a capacity of 288 beds in all-private rooms, which it has come close to filling on a few occasions.


One ward that's consistently bursting at the seams is the neonatal intensive care unit, which was built to handle 44 patients but is averaging about 50. Some of the children have been bumped into shared space in the hospital's cardiac care unit, Stephenson said.


As for patients, the new facility has been a hit, with satisfaction scores up an average of 10 percent, hospital officials said.


Tina Sneed, whose 18-year-old daughter Whitney Ballard recently underwent a liver transplant at the hospital, said she's happy with the expanded rooms and new areas for parents.


She and her daughter have made several 7-hour trips from Kentucky in the last 18 months to see specialists, including overnight stays at both facilities.


Her only complaint?


"The waiting room was kind of crowded," she said. "It was nothing too bad, they just have so many (surgeries) going on at the same time we barely had room to move in there."


pfrost@tribune.com


Twitter @peterfrost





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