Jean Harris dies at 89; killer of 'Scarsdale Diet' doctor









Jean Harris, the onetime headmistress of an elite girls' school whose trial in the fatal 1980 shooting of the celebrity diet doctor who jilted her generated front-page headlines and national debates about whether she was a feminist martyr or vengeful murderer, has died. She was 89.


Harris, who spent nearly 12 years in prison for the shooting death of her longtime boyfriend, "Scarsdale Diet" doctor Herman "Hy" Tarnower, died Sunday at an assisted-living facility in New Haven, Conn., of complications related to old age, her son James said.


Convicted in 1981 of second-degree murder, Harris, who had at least two heart attacks in prison, was granted clemency on her 15 years-to-life sentence on Dec. 29, 1992, by then-New York Gov. Mario Cuomo, who cited her health and advancing age.





"I honestly thought I would die in prison," Harris said after her release.


Harris, then 68, took up residence in a New Hampshire cabin overlooking Vermont's Green Mountains, where she walked her dog, wrote and raised money for a program to help children of inmates at New York's Bedford Hills Correctional Center, where she was imprisoned after her Feb. 28, 1981, conviction.


The March 10, 1980, shooting of Tarnower — which she claimed throughout her life was her own suicide gone awry — was one of the most sensational crimes of its era.


It riveted the nation, not only because of its titillating combination of sex and violence. It raised what many experts said were important sociological issues, with some feminists rallying to Harris as a symbol of society's disregard for the plight of older women and others arguing that her case had nothing at all to do with feminism.


Women's movement icon Betty Friedan dismissed Harris as a "pathetic masochist" for staying with a man who mistreated her. But author Shana Alexander, who wrote a book on the case, described Harris as the "psychological victim of a domineering person."


Whether morality play or soap opera, the case inspired two TV movies: "The People vs. Jean Harris" (1981), in which Harris was portrayed by Ellen Burstyn, and "Mrs. Harris" (2005), which starred Annette Bening.


In 1980, Harris was the 56-year-old headmistress of the fancy, private Madeira School overlooking the Potomac River in McLean, Va. Tarnower was a 69-year-old cardiologist and best-selling author of a book on a high-protein, low-fat diet that he developed for heart patients at his medical center in well-to-do Scarsdale, N.Y.


When they met in 1966, they were so taken with each other that Tarnower — a lifelong bachelor — gave Harris a 4-carat diamond engagement ring. He quickly changed his mind, telling her that he couldn't stop seeing other women.


Harris agreed to this condition, and through the years became what she wryly described as "the broad-he-brought" to dinner parties. By 1980 the 14-year relationship was on the skids as Harris became embittered watching Tarnower, in the wake of the Scarsdale diet book, growing ever more rich and famous.


The last straw for Harris: Tarnower was "wavering" about whether to invite her or a younger woman, Lynne Tryforos, to a dinner honoring him.


After one particularly harrowing week at the school when she expelled four seniors, Harris decided on suicide. She wrote notes to her grown sons, put her papers in order, packed a .32-caliber handgun in her purse and drove five hours from Virginia to Tarnower's six-acre estate in Purchase, N.Y.


She later testified that she wanted to see her lover one last time before killing herself at the estate's duck pond. But her plans went awry after she let herself into his home, found Tarnower asleep and spotted a negligee and hair rollers in a bathroom — evidence that her rival, 38-year-old Tryforos, had recently stayed over.


Harris threw the hair rollers at a window, breaking it, and also broke a cosmetic mirror. The ruckus woke Tarnower, who struck her, Harris said. She said that she challenged him to "hit me again, Hy, make it hard enough to kill," but he withdrew. Feeling the revolver in her pocketbook, she pulled out the gun and said to him, "Never mind, I'll do it myself."


But, she testified, when she raised the gun to her temple, he grabbed the weapon, which went off and wounded him in the hand, giving her time to grab the gun again; she later testified that she thought she had time to kill herself.


In the ensuing struggle, Tarnower was struck by bullets three more times — in the chest, arm and back. A fifth bullet also was fired. Harris maintained throughout her life that Tarnower was trying to prevent her from killing herself.


The call to the White Plains police was made at 10:56 p.m. by the doctor's housekeeper, who lived on the estate. The March 12 four-column headline in the New York Times read " 'Scarsdale Diet' Doctor Is Slain; Headmistress Is Charged."


The highly publicized 64-day trial that followed included 92 witnesses — most disastrously, Harris herself.





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A Google-a-Day Puzzle for Dec. 29











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

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Follow @fitzwillie and @wiredgeekdad on Twitter.



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Fans to join Beyonce onstage at Super Bowl






NEW YORK (AP) — All the single ladies — and fellas — will have a chance to join Beyonce onstage at the upcoming Super Bowl.


Pepsi announced Friday that 100 fans will hit the stage when the Grammy-winning diva performs on Feb. 3 at the Mercedes-Benz Superdome in New Orleans. A contest that kicks off Saturday will allow fans to submit photos of themselves in various poses, including head bopping, feet tapping and hip shaking. Those pictures will be used in a TV ad introducing Beyonce’s halftime performance, and 50 people — along with a friend — will be selected to join the singer onstage.






The photo contest — at www.pepsi.com/halftime — ends Jan. 19, but Jan. 11 is the cut-off date for those interested in appearing onstage with Beyonce.


Entertainment News Headlines – Yahoo! News





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Memphis Aims to Be a Friendlier Place for Cyclists


Lance Murphey for The New York Times


The Shelby Farms Greenline, which replaced a Memphis rail line.







MEMPHIS — John Jordan, a 64-year-old condo appraiser here, has been pedaling his cruiser bicycle around town nearly every day, tooling about at lunchtime or zipping to downtown appointments.




“It’s my cholesterol-lowering device,” said Mr. Jordan, clad in a leather vest and wearing a bright white beard. “The problem is, the city needs to educate motorists to not run over” the bicyclists.


Bike-friendly behavior has never come naturally to Memphis, which has long been among the country’s most perilous places for cyclists. In recent years, though, riders have taken to the streets like never before, spurred by a mayor who has worked to change the way residents think about commuting.


Mayor A. C. Wharton Jr., elected in 2009, assumed office a year after Bicycling magazine named Memphis one of the worst cities in America for cyclists, not the first time the city had received such a biking dishonor. But Mr. Wharton spied an opportunity.


In 2008, Memphis had a mile and a half of bike lanes. There are now about 50 miles of dedicated lanes, and about 160 miles when trails and shared roads are included. The bulk of the nearly $1 million investment came from stimulus money and other federal sources, and Shelby County, which includes Memphis, was recently awarded an additional $4.7 million for bike projects.


In June, federal officials awarded Memphis $15 million to turn part of the steel truss Harahan Bridge, which spans the Mississippi River, into a bike and pedestrian crossing. Scheduled to open in about two years, the $30 million project will link downtown Memphis with West Memphis, Ark.


“We need to make biking part of our DNA,” Mr. Wharton said. “I’m trying to build a city for the people who will be running it 5, 10, 15 years from now. And in a region known to some for rigid thinking, the receptivity has been remarkable.”


City planners are using bike lanes as an economic development tool, setting the stage for new stores and enhanced urban vibrancy, said Kyle Wagenschutz, the city’s bike-pedestrian coordinator, a position the mayor created.


“The cycling advocates have been vocal the past 10 years, but nothing ever happened,” Mr. Wagenschutz said. “It took a change of political will to catalyze the movement.”


Memphis, with a population of 650,000, is often cited among the unhealthiest, most crime-ridden and most auto-centric cities in the country. Investments in bicycling are being viewed here as a way to promote healthy habits, community bonds and greater environmental stewardship.


But as city leaders struggle with a sprawling landscape — Memphis covers about the same amount of land as Dallas, yet has half the population — their persistence has run up against another bedeviling factor: merchants and others who are disgruntled about the lanes.


A clash between merchants and bike advocates flared last year after the mayor announced new bike lanes on Madison Avenue, a commercial artery, that would remove two traffic lanes. Many merchants, like Eric Vernon, who runs the Bar-B-Q Shop, feared that removing car lanes would hurt businesses and cause parking confusion. Mr. Vernon said that sales had not fallen significantly since the bike lanes were installed, but that he thought merchants were left out of the process.


On McLean Boulevard, a narrow residential strip where roadside parking was replaced by bike paths, homeowners cried foul. The city reached a compromise with residents in which parking was outlawed during the day but permitted at night, when fewer cyclists were out. Mr. Wagenschutz called the nocturnal arrangement a “Cinderella lane.”


Some residents, however, were not mollified. “I’m not against bike lanes, but we’re isolated because there’s no place to park,” said Carey Potter, 53, a longtime resident who started a petition to reinstate full-time parking.


The changes have been panned by some members of the City Council. Councilman Jim Strickland went as far as to say that the bike signs that dot the streets add “to the blight of our city.”


Tensions aside, the mayor’s office says that the potential economic ripple effect of bike lanes is proof that they are a sound investment.


A study in 2011 by the University of Massachusetts found that building bike lanes created more jobs — about 11 per $1 million spent — than any other type of road project. Several bike shops here have expanded to accommodate new cyclists, including Midtown Bike Company, which recently moved to a location three times the size of its former one. “The new lanes have been great for business,” said the manager, Daniel Duckworth.


Wanda Rushing, a professor at the University of Memphis and an expert on urban change in the South, said bike improvements were of a piece with a development model sweeping the region: bolstering transportation infrastructure and population density in the inner city.


“Memphis is not alone in acknowledging that sprawl is not sustainable,” Dr. Rushing said. “Economic necessity is a pretty good melding substance.”


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Amid Fiscal Stalemate, How to Handle Tax Rate Uncertainty



So we’re left with no idea how much we’ll be paying in federal income taxes in 2013, and a wide range of possibilities for taxes on investments and estates and tax deductions for mortgage interest and charitable contributions. Plenty of people will spend the next several days feeling helpless, with one eye on the stock market and the other on Washington.


For all the uncertainty, though, we do know a bit about how things will change next year. For example, new taxes, some of which will help pay for Medicare, will affect a few million affluent households.


We also know that in all likelihood, whatever happens in Washington in the coming days or weeks won’t come close to solving the problem that tends to clear the room when you say it aloud: We are not collecting enough money to pay for the promises we’ve made to one another. It isn’t just Medicare, either. Many states have steadfastly refused to set aside the trillions of dollars they will need to cover benefits for public workers once they retire.


As for what you should do about all of this, the answer, for now, is probably nothing. In the short term, stock prices may decline and the economy may get the hiccups, but it’s foolish for amateurs to try to alter their investment portfolios to take advantage of the situation. Leave that to the hedge funds, and watch how many of them get it wrong.


In the long term, however, prepare to make the kind of attitude adjustment that can take awhile to embrace. A decade or two from now, most of us will probably be paying more in taxes or getting fewer services from the government than we do now. Once that happens, you’ll need to earn more, save more, live on less or take better advantage of legal tax avoidance strategies.


In fact, you may want to try to do all of these things in the next couple of years, just to see which ones you can accomplish with the least amount of pain.


Here is what we do know will happen in 2013. First, there is a new tax of 0.9 percent on wages, other compensation and self-employment income above $200,000, if you’re single, or $250,000, if you’re married and filing your taxes jointly. This is on top of the existing Medicare tax.


Second, there is a new tax of 3.8 percent on investment earnings, including interest, dividends and capital gains, in addition to whatever the capital gains tax ends up being. It applies to single people with modified adjusted gross income of $200,000, or $250,000 for married couples filing jointly.


There is still some time to maneuver around the second tax. If you have winning investments you were planning to sell soon anyway, say for a down payment on a house, you might as well do it by Monday. That way, you can avoid the new tax if you’re certain you’ll be in the qualifying income category next year.


A few other changes: For now, you can generally take a tax deduction only for unreimbursed medical expenses that exceed 7.5 percent of your adjusted gross income. That floor will rise to 10 percent next year, except for people 65 and over, who won’t be subject to it until 2017.


Also, if you save money in a flexible spending account for health care expenses, 2013 will bring a $2,500 cap on what you can set aside each year while avoiding income taxes. Many people routinely saved $5,000 in the past.


In the next few weeks, we’ll presumably learn more about the new tax rates on income, capital gains, dividends and estates. A solution may come in stages, with a temporary patch now and the promise of a longer-term deal later.


But this is only the beginning, and if you want to read the Stephen King version of our collective fiscal story, there are a few sources to consult. You could start with the radical centrists at Third Way, a research group, who are the best splashers of cold water that I’ve read on the topic of the federal budget. They present some truly scary data while trying to persuade Democrats to accept cuts to Medicare and other programs.


In 2010, for instance, 11,712 people turned 25 each day, while just 6,670 turned 65. By 2030, 12,499 people will be turning 25 each day, but the number turning 65 will jump to 10,948. The 65-year-olds in 2030 will probably live longer than the people who turned 65 in 2010, and keeping them alive could cost a lot more.


The Pew Center on the States, using the states’ own actuarial data, estimates that there is a $1.38 trillion dollar gap between what governments have set aside to pay for public employees’ pensions and retiree health care costs and their actual obligations. Robert Novy-Marx, an assistant professor at the University of Rochester’s Simon Graduate School of Business, and Joshua D. Rauh, a professor at the Stanford Graduate School of Business, believe the shortfall in pension financing alone is actually $3 trillion to $4 trillion.


If states were to try to fill the gap solely by raising taxes, Mr. Novy-Marx and Mr. Rauh estimate that the cost per household in 2011 would have been $2,250 in New York, $2,000 in New Jersey and $1,994 in California — and we’d need to pay that amount every year for 30 years, with adjustments for inflation. Happy New Year!


These numbers boggle the mind, which is why you’re not seeing them in the newsletters that state legislators send to your home. Instead, lawmakers are trying to change the benefits promised to public employees. But even minor changes have led to lawsuits that could take a decade to resolve. By then, the obligations will probably have grown much larger.


Read enough of these reality checks, and a hazy sort of reckoning starts to take shape. It’s not clear how high taxes will go or how many services — from retiree health care to garbage removal — we may someday need to pay more for, or cover ourselves. But it’s going to cost you more money one way or the other, unless you’re in a truly low tax bracket.


That brings us to those legal tax avoidance maneuvers, which often benefit people who can save. Flexible spending accounts for medical costs will still save you hundreds of dollars in taxes each year, even with a $2,500 cap. A health savings account, the kind that pairs up with a high-deductible health insurance policy, can grow into a sizable pile if you save the money and use it in retirement instead of to pay out-of-pocket medical expenses now. And the fact that the affluent can still avoid capital gains taxes, and get an income tax break in many states, on hundreds of thousands of dollars of college savings via 529 plans is a minor miracle.


There is also the Roth individual retirement account, where even the low-six-figure set can put away money on which they’ve already paid income taxes, leave it there for decades in stocks and bonds, and pull it out without paying a dime of capital gains or other taxes.


That’s the story — for now, at least. In 30 or 40 years, if things are really grim, might the federal government try to tax withdrawals from Roth accounts with enormous balances? As we’re learning now, most great tax deals, like the mortgage interest deduction for beach houses and the tax-free health insurance benefits that many of us get from our employers, may not last forever.


We don’t have much control over what will happen in Washington or our state capitals next year, or 10 years from now. But most of us can probably find ways to earn a little more, save a little extra or spend a little less. Pick just one of those options, make it your New Year’s resolution and see if it helps you feel more in control of your financial destiny by this time next year.


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Retired Gen. H. Norman Schwarzkopf dies at 78









Gen. H. Norman Schwarzkopf, who presided over the swift and devastating 1991 military assault on Iraq that transformed the Middle East and reminded America what it was like to win a war, died Thursday of complications from pneumonia. He was 78.


The former four-star general, whose burly image towering in camouflage fatigues above his troops came to define both Operation Desert Storm and the nation's renewed sense of military pride, had been living in relatively quiet retirement in Tampa, Fla., eschewing the political battles that continued to broil over a part of the world he had left as a conqueror.


"We've lost an American original," the White House said in a statement. "Gen. Schwarzkopf stood tall for the country and Army he loved. Our prayers are with the Schwarzkopf family, who tonight can know that his legacy will endure in a nation that is more secure because of his patriotic service."





Former President George H.W. Bush, hospitalized himself with an illness in Texas, called Schwarzkopf "a true American patriot and one of the great military leaders of his generation."


Schwarzkopf, often called "Stormin' Norman" for his legendary temper, was best known for commanding a 765,000-strong force of allied international troops that drove former Iraqi President Saddam Hussein's forces out of Kuwait six months after they'd overrun the tiny Gulf oil sheikdom, terrorized its citizens and taken over its oil fields.


It was an operation fraught with peril: Iraq had the fourth-largest Army in the world; it was equipped with a large arsenal of Soviet-supplied weaponry; it had dispatched its elite Republican Guard forces into key defensive positions; and the Iraqi president warned he had fortified the borders with moats of oil that could be set afire and turned into deathtraps for any U.S. forces that dared to venture across.


But Schwarzkopf, with an eerie degree of prescience, had rehearsed a battle with Iraq only days before the country's August 1990 invasion of Kuwait and began putting it into place, convincing the leadership in Washington that the war could be won with a combination of forceful American air power and an overwhelming array of troops on the ground.


In the end, after weeks of pounding by American bombers and missiles, the ground war was over in just 100 hours, with U.S. battle casualties limited to 147 dead and 467 wounded.


On the decision of then-President Bush and Army Gen. Colin L. Powell, chairman of the Joint Chiefs of Staff, Schwarzkopf agreed to end the war short of demolishing the Republican Guard and taking down Saddam Hussein — a decision that would dog him for the rest of his life, especially as the U.S. went to war once again against Iraq in 2003.


To the end, Schwarzkopf insisted he had accepted the decision as the right one, even if he had not embraced it with enthusiasm — continuing to inflict carnage on retreating Iraqi forces for another day would have done little to upset the balance of power in the region and might have risked more American casualties, he said.


Likewise, he rejected criticism that the halt in combat had pulled the rug from underneath nascent rebellions by Iraqi Shiites in the south and Kurds in the north, leaving them vulnerable and exposed to slaughter once U.S. forces went home.


The Kurds had been battling the Iraqi regime for years, and would continue to do so, he said. "Yes, we are disappointed that that has happened. But it does not affect the accomplishment of our mission one way or another," he said at a news conference after the war.


The 6-foot, 3-inch general came home to a hero's welcome, appearing at a ticker-tape parade up Broadway, the Pegasus Parade at the Kentucky Derby in Louisville and an unusual joint session of Congress, where he received a standing ovation. Britain's Queen Elizabeth II awarded him a knighthood.


"In the defeat of Saddam's forces, he vanquished the scars on the American psyche over Vietnam," said Frank Wuco, a former senior Naval intelligence officer who helped draft battle plans during Desert Storm. "He showed the Americans, primarily the American military, what victory felt like again."


In a 1992 autobiography written with Peter Petre, Schwarzkopf downplayed the notion of personal valor and resurrected something he'd said earlier to journalist Barbara Walters: "It doesn't take a hero to order men into battle. It takes a hero to be one of those men who goes into battle."


Schwarzkopf was born Aug. 22, 1934, in Trenton, N.J. By graduating from the West Point military academy in 1956, he followed in the footsteps of his father, a general who served in both world wars and went on to found the New Jersey State Police, which investigated the kidnapping of the infant son of famed aviator Charles Lindbergh.


Schwarzkopf went on to earn a master's degree in engineering from USC and taught missile engineering at West Point before volunteering in 1966 to serve in Vietnam — a conflict he called a "cesspool," in which he said military commanders were more interested in promoting their careers than in winning the war.


But Schwarzkopf went on to earn kudos from his own troops, at one point landing by helicopter in a minefield to rescue men trapped there. He was wounded twice and won three Silver Stars for bravery.


He commanded ground troops in the invasion of Grenada in 1983 and in 1988 took over U.S. Central Command, overseeing a staff of 700 at MacDill Air Force Base near Tampa. There, he quickly discarded the old playbooks that said the Soviet Union was the biggest threat to American interests in the Middle East. He turned his sights instead on Iraq.


Headquartered in the Saudi capital of Riyadh during the buildup to Desert Storm, Schwarzkopf had a double-barreled shotgun in the corner, and in his spare living quarters, a Bible and an edition of World War II German Field Marshal Erwin Rommel's "Infantry Attack."


He often said he wished for more patience but sometimes bristled at the notion he had a bad temper.


"An awful lot has been written about my temper. But I would defy anyone to go back over the years and tell me anyone whose career I've ruined, anyone whom I've driven out of the service, anyone I've fired from a job," he said. "I don't do that. I get angry at a principle, not a person."


He is survived by his wife, Brenda; two daughters, Cynthia and Jessica; a son, Christian; a grandson; and sisters Ruth Barenbaum and Sally Schwarzkopf.


kim.murphy@latimes.com





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A Google-a-Day Puzzle for Dec. 28











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @wiredgeekdad on Twitter.



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Elvis Presley, The Beatles top list of most-forged autographs






LOS ANGELES (Reuters) – Elvis Presley and The Beatles top the list of most-forged celebrity signatures in 2012, with less than half of their autographs for sale certified as genuine, memorabilia authenticators PSA/DNA said on Thursday.


The King and The Fab Four British rockers, who topped the list two years ago when it was last released, joined notable figures such as former U.S. President John F. Kennedy and late pop star Michael Jackson on the list of most-forged celebrity signatures.






Late American astronaut Neil Armstrong landed at No. 3 on the list, after fake Armstrong signatures rose significantly after his death in July.


One reason forgeries of Armstrong’s autograph soared was that he rarely signed for fans during his life, Joe Orlando, president of Newport Beach-based PSA/DNA, told Reuters.


“Armstrong is someone who is very conscious of the value of his own autograph,” Orlando said. “Even before he passed away he was very tough to get…It really heightens the level of his market.”


Secretaries and assistants responding to huge volumes of fan mail are one reason for fake signatures floating through the marketplace, said Margaret Barrett, director of entertainment and music memorabilia at Heritage Auctions in Los Angeles.


“Back in the day, the kids would write to the movie studios,” Barrett said.


“There was absolutely no financial gain 50 years ago and secretaries and assistants just wanted to make them happy. A lot of times people stumble upon an old box of signed photographs in grandma’s attic and don’t know they’re forged.”


Barrett, whose specialty is late Hollywood actress Marilyn Monroe’s autographs, said that official documents such as contracts and checks are reliable sources to verify whether or not a signature is forged.


“A good rule of thumb is to compare it a signed contract,” she said. “Sometimes (celebrities) would have secretaries or other sign photos and letters but they couldn’t have a contract signed by a proxy.”


(Reporting by Eric Kelsey, editing by Piya Sinha-Roy and Cynthia Osterman)


Celebrity News Headlines – Yahoo! News





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Surgery Returns to NYU Langone Medical Center


Chang W. Lee/The New York Times


Senator Charles E. Schumer spoke at a news conference Thursday about the reopening of NYU Langone Medical Center.







NYU Langone Medical Center opened its doors to surgical patients on Thursday, almost two months after Hurricane Sandy overflowed the banks of the East River and forced the evacuation of hundreds of patients.




While the medical center had been treating many outpatients, it had farmed out surgery to other hospitals, which created scheduling problems that forced many patients to have their operations on nights and weekends, when staffing is traditionally low. Some patients and doctors had to postpone not just elective but also necessary operations for lack of space at other hospitals.


The medical center’s Tisch Hospital, its major hospital for inpatient services, between 30th and 34th Streets on First Avenue, had been closed since the hurricane knocked out power and forced the evacuation of more than 300 patients, some on sleds brought down darkened flights of stairs.


“I think it’s a little bit of a miracle on 34th Street that this happened so quickly,” Senator Charles E. Schumer of New York said Thursday.


Mr. Schumer credited the medical center’s leadership and esprit de corps, and also a tour of the damaged hospital on Nov. 9 by the administrator of the Federal Emergency Management Agency, W. Craig Fugate, whom he and others escorted through watery basement hallways.


“Every time I talk to Fugate there are a lot of questions, but one is, ‘How are you doing at NYU?’ ” the senator said.


The reopening of Tisch to surgery patients and associated services, like intensive care, some types of radiology and recovery room anesthesia, was part of a phased restoration that will continue. Besides providing an essential service, surgery is among the more lucrative of hospital services.


The hospital’s emergency department is expected to delay its reopening for about 11 months, in part to accommodate an expansion in capacity to 65,000 patient visits a year, from 43,000, said Dr. Andrew W. Brotman, its senior vice president and vice dean for clinical affairs and strategy.


In the meantime, NYU Langone is setting up an urgent care center with 31 bays and an observation unit, which will be able to treat some emergency patients. It will initially not accept ambulances, but might be able to later, Dr. Brotman said. Nearby Bellevue Hospital Center, which was also evacuated, opened its emergency department to noncritical injuries on Monday.


Labor and delivery, the cancer floor, epilepsy treatment and pediatrics and neurology beyond surgery are expected to open in mid-January, Langone officials said. While some radiology equipment, which was in the basement, has been restored, other equipment — including a Gamma Knife, a device using radiation to treat brain tumors — is not back.


The flooded basement is still being worked on, and electrical gear has temporarily been moved upstairs. Mr. Schumer, a Democrat, said that a $60 billion bill to pay for hurricane losses and recovery in New York and New Jersey was nearing a vote, and that he was optimistic it would pass in the Senate with bipartisan support. But the measure’s fate in the Republican-controlled House is far less certain.


The bill includes $1.2 billion for damage and lost revenue at NYU Langone, including some money from the National Institutes of Health to restore research projects. It would also cover Long Beach Medical Center in Nassau County, Bellevue, Coney Island Hospital and the Veterans Affairs hospital in Manhattan.


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Toyota to pay big to settle suits









Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.


The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.


The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.





ROAD TO RECALL: Read The Times' award winning coverage


In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.


"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.


Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.


Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.


In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.


The lawsuits, filed over the last several years, had been seeking class certification.


News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.


The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.


The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.


The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.


Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.


"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.


Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.


"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."


The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.


That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.





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