These fund managers buy and hold, with no apologies









Try telling Bill Frels and Mark Henneman that buy and hold is dead.


The managers of the Mairs & Power Growth Fund have owned all but one of their top 25 stocks at least a decade. In an industry that rewards risk takers searching for the next big trend, the St. Paul, Minn., fund managers have big stakes in companies that make Spam canned meat, Scotch tape and a paint sold at Lowe's hardware stores.


Their slow, patient approach to investing has paid off — they were named Morningstar's domestic stock fund managers of the year for 2012. Their fund returned 21% last year, beating the 13.4% gain in the Standard & Poor's 500 index.





Frels said the award was a validation of his firm's strategy, especially at a time when many experts have questioned the wisdom of holding stocks long term.


The fund, with about $2.5 billion under management, is an unusual success story because of something it doesn't own: Apple Inc., one of the hottest growth stocks of 2012.


The vast majority of its holdings are in companies headquartered in Minnesota, many of them a short trip from the fund's offices.


It's not uncommon for chief executives to drop by Mairs & Power for a briefing, or for the fund managers to bump into company employees in the community, Henneman said.


Frels and Henneman say they're fortunate to have many quality companies nearby. Minnesota firms Target Corp., 3M Co., Hormel Foods Corp. and Medtronic Inc. are among their top stocks.


Their No. 1 holding is paint company Valspar Corp., which soared more than 60% in 2012 thanks to strong sales at Lowe's stores across North America.


For Mairs & Power, it's not so much buy and hold as it is lock it up and throw away the key. The fund has a microscopic turnover rate of about 5%, far below the 60% average for large blend funds, according to a Morningstar research report.


The managers find good companies and hold on to them, through good times and bad.


"Their low turnover, that's very critical," said David Falkof, an analyst who covers the fund for Morningstar, which gives it a coveted five-star rating.


Frels, 73, joined Mairs & Power in 1992 and has been lead manager of the growth fund since 2004. Henneman, 51, has been co-manager of the fund since 2006. Both managers hold significant personal investments in the fund, evidence that their interests are aligned with investors', Falkof said.


Since Frels joined the fund as co-manager in 1999, it has gained an average of more than 8% annually — beating the S&P 500 by 6% a year. Although the fund may miss out on some trends, such as technology in the late 1990s, it is built to survive major crises because of its focus on sound companies, many of them in the industrial sector.


In 2008, when most funds suffered devastating losses because of the financial crisis, the Mairs & Power growth fund lost 28.5% — less than 95% of its competitors, which fell 41% on average. The fund holds about 55% in large companies, 30% in mid-caps and 15% in small caps.


What is your fund's strategy?


(Henneman): We're long-term investors. Every mutual fund manager says that, but we really stick to it. When we buy a stock, we're buying a company we expect to be invested in for a long period of time.


Why does your fund invest so heavily in Minnesota companies?


(Henneman): We are blessed to have a number of high-quality companies nearby. The benefits from proximity are huge. We really get to know these companies quite well. We are in the community with people who work for the firms we invest in.


What are the benefits of having so many companies you invest in nearby? Do you just walk over and visit their headquarters?





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Wikipedia, the people's encyclopedia









Wikipedia is the encyclopedia anyone can write and edit (yes, even you!), but most people don't think much about who performs those tasks. With half a billion people around the world relying on Wikipedia for information, we should.


More than 1.5 million people in practically every country have contributed to Wikipedia's 23 million articles. Actually, that last figure isn't quite accurate, since more than 12,000 new entries are created every day. Eight articles were created in the last minute. The authors are poets and professors, baristas and busboys, young and old, rich and poor.


It's crazy. An encyclopedia is one of humankind's grandest displays of collaborative effort, and Wikipedia takes that collaboration to new levels, with contributors from pretty much every ethnicity, nationality, socioeconomic background, political ideology, religion, sexual orientation and gender. The youngest Wikipedian I've met was 7, a boy in Tel Aviv who makes small edits to articles about animals and children's books. The oldest I've met was 73, a retired engineer who writes about the history of Philadelphia, where he's lived for half a century.





My most recent cab driver in San Francisco, a middle-aged guy who I think was Eastern European, told me he edits, although I don't know on what topics. I don't know of a comparable effort, a more diverse collection of people coming together, in peace, for a single goal.


But beneath that surface diversity is a community built on shared values. The core Wikipedia editing community — those who are very, very active — is about 12,000 people. I've met thousands of them personally, and they do share common characteristics.


The first and most defining is that Wikipedians, almost without exception, are ridiculously smart, as you might expect of people who, for fun, write an encyclopedia in their spare time. I have a theory that back in school, Wikipedians were the smartest kids in the class, kids who didn't care what was trendy or cool but spent their time reading, or with the debate team, or chess club, or in the computer lab. There's a recurring motif inside Wikipedia of preteen editors who've spent their lives so far having their opinions and ideas discounted because of their age, but who have nonetheless worked their way into positions of real authority on Wikipedia. They love Wikipedia fiercely because it's a meritocracy: the only place in their lives where their age doesn't matter.


Wikipedians are geeky. They have to be to want to learn the wiki syntax required to edit, and that means most editors are the type of people who find learning technology fun. (It's also because Wikipedia has its roots in the free software movement, which is a very geeky subculture.) The rise of the dot-com millionaire and the importance of services such as Google, Facebook and Wikipedia have made geekiness more socially acceptable. But geeks are still fundamentally outsiders, tending to be socially awkward, deeply interested in obscure topics, introverted and yet sometimes verbose, blunt, not graceful and less sensorily oriented than other people.


Nine of 10 Wikipedians are male. We don't know exactly why. My theory is that Wikipedia editing is a minority taste, and some of the constellation of characteristics that combine to create a Wikipedian — geeky, tech-centric, intellectually confident, thick-skinned and argumentative, with the willingness and ability to indulge in a solitary hobby — tend to skew male.


Although individual Wikipedians come from a broad range of socioeconomic backgrounds, we tend to live in affluent parts of the world and to be relatively privileged. Most of us have reliable Internet connectivity and access to decent libraries and bookstores; we own laptops and desktops; we're the product of decent educational systems, and we've got the luxury of free time.


Wikipedians skew young and are often students, concentrated at the postsecondary level. That makes sense too: Students spend their reading, thinking, sourcing, evaluating and summarizing what they know, essentially the same skills it takes to write an encyclopedia.


Like librarians and probably all reference professionals, Wikipedians are detail-obsessed pedants. We argue endlessly about stuff like whether Japan's Tsushima Island is a single island or a trio of islands. Whether the main character in "Grand Theft Auto IV" is Serbian, Slovak, Bosnian, Croatian or Russian. Whether Baltimore has "a couple of" snowstorms a year or "several," whether the bacon in an Irish breakfast is fried or boiled, whether the shrapnel wound John Kerry suffered in 1968 is better described as minor or left unmodified. None of this makes us fun at parties, but it does make us good at encyclopedia writing.


As befits an encyclopedia that anyone can edit, Wikipedians tend to be iconoclastic, questioning and curious. Wikipedia is a place where debate is a form of play and people are searching in good faith for the most correct answer. We're credentials-agnostic: We want you to prove what you're asserting; we take nothing on faith (and the article on "Faith" has ample footnotes). We're products of the Enlightenment and the children of Spinoza, Locke and Voltaire. We oppose superstition, irrationalism and intolerance; we believe in science and reason and progress.


The most contentious topics on Wikipedia are the same as those in the rest of the world, like the Israeli-Palestinian conflict, global warming, "intelligent design," the war on terrorism and people such as Adolf Hitler, Ayn Rand and Dick Cheney. We believe it's not our job to edit Wikipedia so that it reflects our personal opinions; instead, we aim to be fair to all sides. Entries need to be neutrally stated, well-documented and verifiable. Editors are asked to avoid stating opinions, or even seriously contested assertions, as facts; instead, we attribute them to their source. We aim for non-judgmental language: We avoid puffery words like "legendary" and "celebrated" and contentious words like "racist" and "terrorist." If we don't know for sure what's true, we say so, and we describe what various sides are claiming.


Does this mean Wikipedia's perfect? Of course not. Our weakest articles are those on obscure topics, where subtle bias and small mistakes can sometimes persist for months or even years. But Wikipedians are fierce guardians of quality, and they tend to challenge and remove bias and inaccuracy as soon as they see it.


The article on Barack Obama is a great example of this. Because it's widely read and frequently edited, over the years it's become comprehensive, objective and beautifully well sourced.


The more eyes on an article, the better it is. That's the fundamental premise of Wikipedia, and it explains why Wikipedia works.


And it does work. On Dec. 17, 2001, an editor named Ed Poor started an article called "Arab-Israeli conflict" with this single sentence: "The Arab-Israeli conflict is a long-running, seemingly intractable dispute in the Middle East mostly hinging on the status of Israel and its relations with Arab peoples and nations." Today that article is 10,000 words long, with two maps and six other images and 138 footnotes. It's been edited more than 5,000 times by 1,800 people in dozens of countries, including Israel, Lebanon, Egypt, Denmark, Germany, Australia, Canada, Britain, the United States and Russia.


Since it was founded 12 years ago this week, Wikipedia has become an indispensable part of the world's information infrastructure. It's a kind of public utility: You turn on the faucet and water comes out; you do an Internet search and Wikipedia answers your question. People don't think much about who creates it, but you should. We do it for you, with love.


Sue Gardner is executive director of the Wikimedia Foundation, which operates Wikipedia. She's made 3,000 edits on Wikipedia since 2006, mostly on topics related to media, gender and economics.





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December video game retail sales drop 22 percent






NEW YORK (AP) — U.S. retail sales of video games and gaming systems fell 22 percent in December, capping a year of declining sales for the industry.


Research firm NPD Group said Thursday that overall sales fell to $ 3.21 billion from $ 4.1 billion in December 2011. NPD estimates that sales of new game hardware, software and accessories account for about half of what consumers spend on gaming.






Sales of video games themselves, excluding PC titles, tumbled 26 percent to $ 1.54 billion. Sales of hardware — gaming systems such as the Xbox 360 and the Wii U — fell 20 percent to $ 1.07 billion.


“Call of Duty: Black Ops II” from Activision Blizzard Inc. was December’s top game.


For all of 2012, total game sales dropped 22 percent to $ 13.26 billion.


Gaming News Headlines – Yahoo! News





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Milan Fashion Week starts on somber note


MILAN (AP) — Milan Fashion Week started off on a somber note Saturday, as the design world maintained a vigil for the missing CEO of the family-run Missoni fashion house.


The Italian National Fashion Chamber urged the fashion community to post messages on social networks to keep pressure on authorities not to abandon the search for Vittorio Missoni and five others who disappeared aboard a twin-engine plane near Venezuelan islands on Jan. 5.


Designers expressed their solidarity with the family on the first day of menswear previews Saturday.


"No one better than me can understand the pain and anguish that they are experiencing, the suffering of the sister Angela," Donatella Versace told Italian reporters before her menswear preview. Versace's brother, Gianni, the founder of the company, was killed by a gunman in Miami in July 1997.


Despite the uncertainty, the Missoni fashion house confirmed its menswear preview show for Sunday. In a message posted on Facebook, designer Angela Missoni, Vittorio's sister, expressed gratitude for messages of support. Their brother, Luca, a trained pilot, was in Venezuela helping with the search.


"They did very well to confirm the appointment with the new collection. Vittorio would have done the same," said Mario Boselli, head of the fashion chamber.


Thirty-seven brands were holding fashion shows to present their menswear collections for next winter over four days.


___


DOLCE&GABBANA


Dolce and Gabbana's menswear collection for next winter is pure masculinity, infused with southern romanticism.


With motifs of winter roses, illuminated Madonnas and baroque embossing, the 2014 winter menswear collection evokes the design house's Sicilian roots. And to drive home the point, the designing duo chose ordinary Sicilians as their models, as they have done in the past, filling the runway with men who were more muscular, with more pronounced features and often shorter than those usually seen in fashion.


Cinched high-waist pleated pants strongly suggested a bygone era. Trouser lengths varied from calf to ankle, straight or cuffed, while jacket, coats and vests ranged from short waist cuts to long overcoats.


In its most basic iteration, the collection featured black pants paired with white blousons or dark ribbed sweaters — the clothes of a craftsman, a fisherman, a laborer. Detailing like an overlay of white lace on the blousons elevated the look far above mere utility.


And there were also garments fitting of the merchant class — rich brocade jackets and thick furry overcoats and velvet suits. These more formal clothes, including a dark suit jacket overlayed with white lace and finished with velvet trim, could be worn for business, a personal celebration or to Sunday Mass.


___


BURBERRY PRORSUM


Tradition meets innovation in Burberry Prorsum's new winter looks for men.


The "I Love Classics" collection — or made more technology-friendly, I (heart) Classics — focuses heavily on outerwear, from the classic trench and duffel, to topcoats, Chesterfields and bombers.


While diving deep into Burberry's archives, designer Christopher Bailey managed also to have fun, adding a touch of whimsy with repeating heart motifs and oversizing military-inspired accents.


"I liked the idea of celebrating things that are familiar, classic, the kind of classic Burberry, classic menswear," Bailey said backstage. "But I wanted to be playful as well."


Bailey married innovation and levity in traditional coats made of light-weight transparent rubber with a repeating heart lining. Bailey said Burberry developed the rubber to be silky to the touch. Cashmere also gets special treatment, with new finishes and bonding to alter the texture.


Colors followed the classic line — camel, bone, olive, navy and black — with deep reds and dark royal purple.


Maintaining a light mood, animal prints also accented classic bags, complementing the Burberry check pattern, and also adorned shoes and boots. Animal print sunglasses complete the look.


___


JIL SANDER


Tall, almost Puritan collars gave gravitas to Jil Sander's first winter menswear collection since returning to the label she founded.


The ample lapels made prominent in the collection for next fall/winter often contrasted in tone or texture with the jacket or sweater they accented, and were sometimes layered over more traditional notched lapels. Short-cropped hair kept the focus on neckline.


Suit jackets were kept mostly shorter and allowed to billow slightly in the back. This permitted whimsical layering with longer sweaters underneath — and most of the suits were finished with sweaters, crew necks or mock turtlenecks, rather than shirts. Pants were straight, and ankle-length, giving way to well-polished boots.


While the looks adhered to the line's minimalist credo — simplicity and clean lines — there was nothing austere about it.


The colors and fabrics were both lush and luxurious. Crimson, cobalt and pine contrasted soothingly with more sober grays and black. Even strong shades were easy on the eyes. Materials included chunky corduroy, cashmere knit and leather.


For fun, Sander offered sleeveless pull-over vests, leaving arms and shoulders bare, and sometimes bi-colored in Harlequin fashion. For more serious moments, there were double-breasted pinstripes, distinguished with monochrome panels.


___


ZEGNA


Cyber-kinetic patterns give energy to classic looks by Ermenegildo Zegna.


Zegna signals a push for innovation in the title of the collection: "Style for Change."


Zegna zips up the double-breasted suit with graphic lines, while repeating patterns of dots fused into lines give motion to overcoats.


Gray dominates the collection, giving it an urban flair.


The basic look forms around suits, paired with slim, elegant ties or scoop-neck sweaters. Trousers are straight cut without being tight, and might include a cummerbund that elongate the look.


Much attention is flourished on collars, which when small might be decorated with a clip, or when oversized adorned with a clasp.


Textures operate in contrast. Soft alpaca coats are worn over tailored suits.


Shoes taper to a point, while bags span a range from travel backs to computer totes.


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‘Bodega Clinicas’ Draw Interest of Health Officials


HUNTINGTON PARK, Calif. — The “bodega clinicas” that line the bustling commercial streets of immigrant neighborhoods around Los Angeles are wedged between money order kiosks and pawnshops. These storefront offices, staffed with Spanish-speaking medical providers, treat ailments for cash: a doctor’s visit is $20 to $40; a cardiology exam is $120; and at one bustling clinic, a colonoscopy is advertised on an erasable board for $700.


County health officials describe the clinics as a parallel health care system, serving a vast number of uninsured Latino residents. Yet they say they have little understanding of who owns and operates them, how they are regulated and what quality of medical care they provide. Few of these low-rent corner clinics accept private insurance or participate in Medicaid managed care plans.


“Someone has to figure out if there’s a basic level of competence,” said Dr. Patrick Dowling, the chairman of the family medicine department at the David Geffen School of Medicine at the University of California, Los Angeles.


Not that researchers have not tried. Dr. Dowling, for one, has canvassed the clinics for years to document physician shortages as part of his research for the state. What he and others found was that the owners were reluctant to answer questions. Indeed, multiple attempts in recent weeks to interview owners and employees at a half-dozen of the clinics in Southern California proved fruitless.


What is certain, however, is that despite their name, many of these clinics are actually private doctor’s offices, not licensed clinics, which are required to report regularly to federal and state oversight bodies.


It is a distinction that deeply concerns Kimberly Wyard, the chief executive of the Northeast Valley Health Corporation, a nonprofit group that runs 13 accredited health clinics for low-income Southern Californians. “They are off the radar screen,” said Ms. Wyard of the bodega clinicas, “and it’s unclear what they’re doing.”


But with deadlines set by the federal Affordable Care Act quickly approaching, health officials in Los Angeles are vexed over whether to embrace the clinics and bring them — selectively and gingerly — into the network of tightly regulated public and nonprofit health centers that are driven more by mission than by profit to serve the uninsured.


Health officials see in the clinics an opportunity to fill persistent and profound gaps in the county’s strained safety net, including a chronic shortage of primary care physicians. By January 2014, up to two million uninsured Angelenos will need to enroll in Medicaid or buy insurance and find primary care.


And the clinics, public health officials point out, are already well established in the county’s poorest neighborhoods, where they are meeting the needs of Spanish-speaking residents. The clinics also could continue to serve a market that the Affordable Care Act does not touch: illegal immigrants who are prohibited from getting health insurance under the law.


Dr. Mark Ghaly, the deputy director of community health for the Los Angeles County Department of Health Services, said bodega clinicas — a term he seems to have coined — that agree to some scrutiny could be a good way of addressing the physician shortage in those neighborhoods.


“Where are we going to find those providers?” he said. “One logical place to consider looking is these clinics.”


Los Angeles is not the only city with a sizable Latino population where the clinics have become a part of the streetscape. Health care providers in Phoenix and Miami say there are clinics in many Latino neighborhoods.


But their presence in parts of the Los Angeles area can be striking, with dozens in certain areas. Visits to more than two dozen clinics in South Los Angeles and the San Fernando Valley found Latino women in brightly colored scrubs handing out cards and coupons that promised a range of services like pregnancy tests and endoscopies. Others advertised evening and weekend hours, and some were open around the clock.


Such all-hours access and upfront pricing are critical, Latino health experts say, to a population that often works around the clock for low wages.


Also important, officials say, is that new immigrants from Mexico and Central America are more accustomed to corner clinics, which are common in their home countries, than to the sprawling medical complexes or large community health centers found in the United States. And they can get the kind of medical treatments — including injections of hypertension drugs, intravenous vitamins and liberally dispensed antibiotics — that are frowned upon in traditional American medicine.


The waiting rooms at the clinics reflected the everyday maladies of peoples’ lives: a glassy-eyed child resting listlessly on his mother’s lap, a fit-looking young woman waiting with a bag of ice on her wrist, a pensive middle-aged man in work boots staring straight ahead.


For many ordinary complaints, the medical care at these clinics may be suitable, county health officials and medical experts say. But they say problems arise when an illness exceeds the boundaries of a physician’s skills or the patient’s ability to pay cash.


Dr. Raul Joaquin Bendana, who has been practicing general medicine in South Los Angeles for more than 20 years, said the clinics would refer patients to him when, for example, they had uncontrolled diabetes. “They refer to me because they don’t know how to handle the situation,” he said.


The clinic physicians by and large appear to have current medical licenses, a sample showed, but experts say they are unlikely to be board certified or have admitting privileges at area hospitals. That can mean that some clinics try to treat patients who face serious illness.


Olivia Cardenas, 40, a restaurant worker who lives in Woodland Hills, Calif., got a free Pap smear at a clinic that advertises “especialistas,” including in gynecology. The test came back abnormal, and the doctor told Ms. Cardenas that she had cervical cancer. “Come back in a week with $5,000 in cash, and I’ll operate on you,” Ms. Cardenas said the doctor told her. “Otherwise you could die.”


She declined to pay the $5,000. Instead, a family friend helped her apply for Medicaid, and she went to a hospital. The diagnosis, it turned out, was correct.


Health care experts say the clinics’ medical practices would come under greater scrutiny if they were brought closer into the fold.


But being connected would mean the clinics’ cash-only business model would need to change. Dr. Dowling said the lure of newly insured patients in 2014 might draw them in. “To the extent there are payments available,” he said, “the legitimate ones might step up to the plate.”


This article was produced in collaboration with Kaiser Health News, an editorially independent program of the Kaiser Family Foundation.



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Aaron Schwartz, Reddit co-founder, commits suicide in Brooklyn









A co-founder of Reddit and activist who fought to make online content free to the public has been found dead, authorities confirmed Saturday, prompting an outpouring of grief from prominent voices on the intersection of free speech and the Web.

Aaron Swartz, 26, hanged himself in his Brooklyn apartment weeks before he was to go on trial on accusations that he stole millions of journal articles from an electronic archive in an attempt to make them freely available. If convicted, he faced decades in prison and a fortune in fines.

He was pronounced dead Friday evening at home in Brooklyn's Crown Heights neighborhood, said Ellen Borakove, spokeswoman for New York's chief medical examiner.

Swartz was “an extraordinary hacker and activist,” the Electronic Frontier Foundation, an international nonprofit digital rights group based in California wrote in a tribute on its home page.

He “did more than almost anyone to make the Internet a thriving ecosystem for open knowledge, and to keep it that way,” the tribute said.

Swartz was a prodigy who as a young teenager helped create RSS, a family of Web feed formats used to gather updates from blogs, news headlines, audio and video for users. He co-founded the social news website Reddit, which was later sold to Conde Nast, as well as the political action group Demand Progress, which campaigns against Internet censorship.

Among Internet gurus, Swartz was considered a pioneer of efforts to make online information freely available.

“Playing Mozart's Requiem in honor of a brave and brilliant man,” tweeted Carl Malamud, an Internet public domain advocate who believes in free access to legally obtained files.

Swartz aided Malamud's own effort to post federal court documents for free online, rather than the few cents per page that the government charges through its electronic archive, PACER. In 2008, The New York Times reported, Swartz wrote a program to legally download the files using free access via public libraries. About 20 percent of all the court papers were made available until the government shut down the library access.

The FBI investigated but did not charge Swartz, he wrote on his own website.

Three years later, Swartz was arrested in Boston and charged with stealing millions of articles from a computer archive at the Massachusetts Institute of Technology. Prosecutors said he broke into a computer wiring closet on campus and used his laptop for the downloads.

Experts puzzled over the arrest and argued that the result of the actions Swartz was accused of was the same as his PACER program: more information publicly available.

The prosecution “makes no sense,” Demand Progress Executive Director David Segal said in a statement at the time. “It's like trying to put someone in jail for allegedly checking too many books out of the library.”

Swartz pleaded not guilty to charges including wire fraud. His federal trial was to begin next month.

According to a federal indictment, Swartz stole the documents from JSTOR, a subscription service used by MIT that offers digitized copies of articles from academic journals. Prosecutors said he intended to distribute the articles on file-sharing websites.

He faced 13 felony charges, including breaching site terms and intending to share downloaded files through peer-to-peer networks, computer fraud, wire fraud, obtaining information from a protected computer, and criminal forfeiture.

JSTOR did not press charges once it reclaimed the articles from Swartz, and some legal experts considered the case unfounded, saying that MIT allows guests access to the articles and Swartz, a fellow at Harvard's Safra Center for Ethics, was a guest.

Criticizing the government's actions in the pending prosecution, Harvard law professor and Safra Center faculty director Lawrence Lessig called himself a friend of Swartz's and wrote Saturday that “we need a better sense of justice. … The question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a `felon.“’

JSTOR announced this week that it would make “more than 4.5 million articles” publicly available for free.

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Judge delays arraignment of theater shooting suspect James Holmes









CENTENNIAL, Colo. — A judge Friday delayed the arraignment of theater shooting suspect James E. Holmes on 166 counts of murder, attempted murder and weapons charges until March 12, granting a defense request for more time to "research the appropriate plea."


Holmes is accused of unleashing a massacre on July 20 in an Aurora, Colo., movie theater that killed 12 and injured at least 70 others. Holmes has not yet entered a plea and has been held without bail since his arrest moments after the shooting.


Late Thursday, Judge William B. Sylvester of Colorado's 18th Judicial District ruled that the prosecution had established probable cause on all counts and ordered an arraignment Friday. But he also noted that he expected the defense to ask for a delay.





Earlier in the week, the prosecution offered detailed and often graphic evidence at a preliminary hearing that Holmes plotted for months to kill as many people as possible in a place where escape would be difficult. Prosecutors also presented testimony that Holmes was the person who opened fire on the crowd at a 12:05 a.m. showing of the Batman movie "The Dark Knight Rises."


During the 15-minute hearing Friday, Sylvester said that although he was "empathetic" with the wishes of victims' family members who wanted to see Holmes tried quickly, he wanted to be careful that "this matter is done correctly" to limit the chance of a possible appeal later.


The delay angered some family members. As Sylvester recessed the hearing, Steve Hernandez, the father of Rebecca Wingo, who was killed in the theater, blurted, "Rot in hell, Holmes."


Minutes later, Sylvester reconvened the court and told Hernandez, "I'm terribly sorry for your loss. I can't begin to imagine the emotions that are raging." But he added that he would not tolerate further outbursts.


Hernandez apologized and said he meant no disrespect.


Defense attorneys have indicated Holmes, a former neuroscience student, is mentally ill. It is widely thought the defense could offer a plea of not guilty by reason of insanity. Colorado is one of only nine states where the burden to disprove insanity falls on the prosecution.


Though the prosecution has worked to show that Holmes plotted the shooting for months, that is not the same as being sane, said Rick Kornfeld, a Denver lawyer who has worked as a federal prosecutor and a defense attorney.


The issue will be "what was going on in his head at the time of the shooting," Kornfeld said.


It is not yet known whether George Brauchler, the newly elected Arapahoe County district attorney, will seek the death penalty. He has 63 days after arraignment to decide. Capital punishment is rare in Colorado.


nation@latimes.com





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Canada natives block Harper’s office, threaten unrest






OTTAWA (Reuters) – Aboriginal protesters blocked the main entrance to a building where Canada’s prime minister was preparing to meet some native leaders on Friday, highlighting a deep divide within the country’s First Nations on how to push Ottawa to heed their demands.


The noisy blockade, which lasted about an hour, ended just before Prime Minister Stephen Harper and his aides met with about 20 native chiefs, even as other leaders opted to boycott the session.






Chiefs have warned that the Idle No More aboriginal protest movement is prepared to bring the economy to its knees unless Ottawa addresses the poor living conditions and high jobless rates facing many of Canada’s 1.2 million natives.


Native groups complain that successive Canadian governments have ignored treaties aboriginals signed with British settlers and explorers hundreds of years ago, treaties they say granted them significant rights over their territory.


The meeting was hastily arranged under pressure from an Ontario chief who says she has been subsiding only on liquids for a month. It took place in the Langevin Block, a building near Parliament in central Ottawa where the prime minister and his staff work.


Outside in the freezing rain, demonstrators in traditional feathered headgear shouted, waved burning tapers, banged drums and brandished banners with slogans such as “Treaty rights not greedy whites” and “The natives are restless.”


Until midday on Friday, it was uncertain if the meeting would go ahead, with many native leaders urging a boycott and others saying it was important to talk to the government.


“Harper, if you want our lands, our native land, meaning everyone of us, over my dead body, Harper, you’re going to do this,” said Raymond Robinson, a Cree from Manitoba.


“You’ll have to come through me first. You’ll have to bury me first before you get them,” he shouted toward the prime minister’s office from the steps outside Parliament.


The aboriginal movement is deeply split over tactics and not all the chiefs invited to the meeting turned up. Some leaders wanted Governor-General David Johnston, the official representative of Queen Elizabeth, Canada’s head of state, to participate.


Johnston has declined the invitation, saying it is not his place to get involved in policy discussions. He instead was later hosting a ceremonial meeting with native leaders at his residence.


The elected leader of the natives, Assembly of First Nations National Chief Shawn Atleo, was one of those who attended the meeting with Harper.


He said his people wanted a fundamental transformation in their relationship with the federal government, and would press for a fair share of revenues from resource development as well as action on schools and drinking water.


BANGED ON THE DOOR


Gordon Peters, grand chief of the association of Iroquois and Allied Nations in Ontario, threatened to “block all the corridors of this province” next Wednesday unless natives’ demands were met. Ontario is Canada’s most populous province and has rich natural resources.


Peters told reporters that investors in Canada should know their money was not safe.


“Canada cannot give certainty to their investors any longer. That certainty for investors can only come from us,” he said.


Manitoba Grand Chief Derek Nepinak, who said on Thursday that aboriginal activists have the power to bring the Canadian economy to its knees, was one of the leaders of the protest at the Langevin Block.


“We’re asking him to come out here and explain why he won’t speak to the people,” said Nepinak, who banged on the door at the main entrance to Harper’s offices after choosing to boycott the meeting.


Nepinak and other Manitoba chiefs are also demanding that Ottawa rescind parts of recent budget acts that they say reduce environmental protection for lakes and rivers. The most recent budget act also makes it easier to lease lands on the reserves where many natives live, a change some natives had requested to spur development but which others regard with suspicion.


Ottawa spends around C$ 11 billion ($ 11.1 billion) a year on its aboriginal population, but living conditions for many are poor, and some reserves have high rates of poverty, addiction, joblessness and suicide.


Harper agreed to the meeting with chiefs after pressure from Ontario chief Theresa Spence, who has been surviving on water and fish broth for the last month as part of a campaign to draw attention to the community’s problems. Spence, citing Johnston’s absence, said she would not attend.


“We shared the land all these years and we never got anything from it. All the benefits are going to Canadian citizens, except for us,” Spence told reporters. “This government has been abusing us, raping the land.”


In Nova Scotia, a group of about 10 protesters blockaded a Canadian National Railway Co line near the town of Truro on Friday afternoon, CN spokesman Jim Feeny said.


A truck had been partially moved onto the tracks and was cutting off the movement of container traffic on CN’s main line between the Port of Halifax and Eastern Canada, he said. Passenger services by Via Rail had also been disrupted.


The incident was the latest in a series of rail blockades staged by protestors in recent weeks to press the demands.


($ 1=$ 0.98 Canadian)


(Additional reporting by Louise Egan in Ottawa and Nicole Mordant in Vancouver; Editing by Vicki Allen and Dan Grebler)


Internet News Headlines – Yahoo! News





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Kimmel says he expects to run 3rd in late night


LOS ANGELES (AP) — Jimmy Kimmel says he expects to settle in at third place in the ratings behind Jay Leno and David Letterman, even as one week of direct competition suggests a healthy competition.


There were backstage smiles at Kimmel's Los Angeles studio Friday after Nielsen ratings showed the ABC comic had his largest audience ever on Thursday. This is the first week for "Jimmy Kimmel Live" in the 11:35 p.m. time slot, directly competing with Leno on NBC and Letterman on CBS.


Kimmel announced that Matt Damon would be a guest on his Jan. 24 show — really. Damon's been the subject of a long-running joke, with Kimmel frequently joking at the end of his show that he ran out of time and couldn't get Damon on the air as planned.


"People like the drama of late night — 'Who will be the king of late night?'" Kimmel said. "Johnny Carson retired with the crown. There will be no king of late night anymore."


Kimmel finished second behind Leno in viewership Tuesday, his first night in the time slot, and third the next two nights. ABC looks most closely at the 18- to 49-year-old demographic, however. Among those youthful viewers, Kimmel finished second to Leno on Tuesday, virtually tied with him Wednesday, and won handily Thursday, Nielsen said. He gained in young viewers each of the three nights.


The numbers are close. Among all viewers Thursday, Leno was seen by 3.4 million people, Letterman by 3.29 million and Kimmel by 3.17 million, Nielsen said.


"It's an encouraging start for them," said Brad Adgate, researcher at Horizon Media. "This is something where they aren't looking at the first week. They're looking at a year from now, three years from now, five years from now when Leno and Letterman may leave their desks."


Kimmel, whose show spent a decade airing a half hour later, said he didn't explicitly push ABC to move him up. But he did let his bosses know he was ready. Asked when he let them know, he joked, "probably the first night."


The later time slot had benefit, though.


"It allowed me time to develop, instead of what usually happens, which is you have to develop the show under the hot spotlight," he said.


Damon was part of a turning point for him. When the actor performed in a lewdly titled short film with Kimmel's then-girlfriend, Sarah Silverman, it got a great buzz and directed attention to the program.


Kimmel said Letterman called to wish him well in his new time slot. Leno hasn't, although that's not a surprise: Kimmel is firmly in the Letterman camp as a fan and has been sharply critical of Leno.


"You can't discount the legacy the 'Tonight' show has had and how ingrained it is in people's habits," Kimmel said. "You can't discount that. We were No. 1 last night (in the young demographic), but don't get used to it."


Some high-profile Kimmel assignments during the past year, including speaking the White House Correspondents' Association dinner, prepared him for the move, said Jill Lederman, the show's executive producer.


"There were so many things that happened for him last year that we felt there was this groundswell of support," Lederman said. "Every time he had one of those opportunities he did a beautiful job, he executed it so seamlessly. That has ushered us into a whole new chapter of this show's life."


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The New Old Age Blog: As Flu Rages, Caregiving Suffers

The flu started in the personal care center at Masonic Village in Elizabethtown, Pa., then moved to the nursing home. Within a few days, seven older adults had taken ill.

Administrators moved quickly: they shut down two floors of the buildings and told all visitors to stay away. All social activities stopped, and residents were asked to stay in their rooms.

The phones began to ring. “How is my wife doing?” an older spouse would ask. “What’s Mom eating?” a concerned daughter would inquire.

As the flu sweeps across the country, all kinds of issues are arising as institutions serving the elderly cope with outbreaks and nurses, home health aides and family members fall ill and can’t attend to the older people under their care.

One of the residents of Masonic Village was the mother-in-law of Joyce Heisey, director of nursing at this continuing care retirement community. She had come to the nursing home after a nasty fall and a subsequent hospitalization for rehabilitation.

“It was hard for her because she wasn’t accustomed to being in this kind of setting, and my father-in-law couldn’t visit,” said Ms. Heisey, who talked to her in-laws about their experiences. They declined to speak directly to a reporter.

Worried about isolation, the home sent recreation therapists into residents’ rooms for a few minutes each day and directed physical therapists to continue working with those undergoing rehabilitation, again in their rooms when possible.

In Collinsville, Ill., a city of about 42,000 that is 23 miles east of St. Louis, 20 percent of the staff at Home Instead Senior Care have called in sick, either struck by the flu themselves or at home taking care of a sick child.

“We’ve never seen it as bad as it is this year,” said Skip Brown, the agency’s owner. In previous years, about 5 percent of the staff have taken ill during flu season.

“It’s really hard for our clients, most of whom are elderly,” Mr. Brown said. “All of a sudden you have another person coming in to your home that you’re not familiar with. That’s really hard for seniors, and we have to make sure they’re comfortable.”

One client, a 92-year-old woman with diabetes, was insistent that a stranger not come to help when her usual caregiver became sick and stayed home.

“The problem that we’re always concerned with is, what if an older person doesn’t eat and what if they don’t take their medication?” Mr. Brown said. Concerned, he called his client’s out-of-town daughter, who called an elderly neighbor, who agreed to accompany someone from the agency to make sure the older woman was all right.

As it turned out, she hadn’t taken insulin for a full day and was at risk of a diabetic crisis, which was averted when the agency worker intervened.

Things got bad so fast that after the second week of December, Mr. Brown required all staff members to get flu shots – and still they became ill. This year, the flu shot is effective about 62 percent of the time, the Centers for Disease Control and Prevention said on Friday.

Nationally, about 60 percent of health care workers get flu vaccines, which are voluntary in most hospitals, nursing homes and assisted-living facilities, according to Dr. Gregory Poland, director of the Mayo Clinic Vaccine Research Group. And when workers are struck by the flu, infections among residents can follow.

“The disruptions, the costs, the complications from this virus, no one should confuse it with a minor illness,” said Dr. Poland, who has advocated for mandatory immunizations for health care workers.

According to New York’s statewide influenza report for the week ended Jan. 5, 179 outbreaks have hit nursing homes this flu season — 57 of them during the week covered by the report alone. The state health department defines an outbreak as one confirmed case or two suspected cases of flu that are contracted in a nursing home.

Allison Chisholm, a nurse with Partners in Care, a home care agency operated by the Visiting Nurse Service of New York, had a flu shot on Dec. 27 and a week later took to bed with a fever and chills.

“It was so bad, my toenails were hurting. I had no appetite. I couldn’t move, I was so sore,” she said. “I knew it was the flu because I’m not a sickly person. I’ve never felt like that for 30 years.”

Ms. Chisholm had been seeing a woman in her 70s every day since October to treat a bone infection with intravenous antibiotics. “When I called her she could hear immediately that something was wrong,” Ms. Chisholm said. “She was concerned and said, ‘If you’re sick like that, don’t come – I don’t want to get what you have.’ ” A week later, the nurse said she got a phone call from the older woman checking in to see if she was better.

In this case, the client was due to end treatment the day after Ms. Chisholm fell ill, and she agreed to have a worker from the company that supplied her intravenous supplies administer her last IV therapy.

At the Martha Stewart Living Center, an outpatient center for older patients at Mount Sinai Medical Center, Dr. Audrey Chun, medical director, has been telling caregivers and other people who have any kind of upper respiratory problems — a cough, constant sniffles – to stay away from older people’s homes because of the risk of passing on an infection.

But do be sure to call in regularly to ask how your older relative or friend is feeling and whether they have unusual lethargy, breathing problems or disabling fatigue, said Jennifer Leeflang, senior director of private care services for Partners in Care. The agency has been getting about 10 requests a week for flu shots for homebound elderly ($100 for the visit and the shot). Other hospitals, like Montefiore Medical Center in the Bronx, are providing a similar service for home care agency patients.

New data released Friday by the federal Centers for Disease Control and Prevention underscores how vulnerable older adults are to flu and how many are being affected by the current outbreak. In the week ended Jan. 5, the rate of flu-related hospitalizations for people 65 and older was 53.4 per 100,000, more than twice that of another vulnerable group, newborns and children up to 4 years old. Hospitalizations are an indicator of the most serious flu cases.

That’s a big jump from the week before, when the rate of flu-related hospitalizations for people 65 and older stood at 29.3 per 100,000.

How has flu season affected your ability to provide — or get care — for your elderly relative? Share your experiences and advice here.

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