LOS ANGELES (AP) — It took Leatherface and his chainsaw to chase tiny hobbit Bilbo Baggins out of the top spot at the box office.
Lionsgate‘s horror sequel “Texas Chainsaw 3-D” debuted at No. 1 with $ 23 million, according to studio estimates Sunday. The movie picks up where 1974′s “The Texas Chainsaw Massacre” left off, with masked killer Leatherface on the loose again.
Quentin Tarantino‘s revenge saga “Django Unchained” held on at No. 2 for a second-straight weekend with $ 20.1 million. The Weinstein Co. release raised its domestic total to $ 106.4 million.
After three weekends at No. 1, part one of Peter Jackson’s “The Hobbit” trilogy slipped to third with $ 17.5 million. That lifts the domestic haul to $ 263.8 million for “The Hobbit,” the Warner Bros. blockbuster that also has topped $ 500 million overseas to raise its worldwide total to about $ 800 million.
Also passing the $ 100 million mark over the weekend was Universal’s musical “Les Miserables,” which finished at No. 4 with $ 16.1 million, pushing its domestic total to $ 103.6 million.
Like other horror franchises, “Texas Chainsaw Massacre” has had several other remakes or sequels, but the idea always seems ripe for a new wave of fright-flick fans. Nearly two-thirds of the audience was under 25, too young — or not even born — when earlier “Texas Chainsaw Massacre” movies came out.
“It’s one of those that survives each generation. It’s something that continues to come back and entertain its audience,” said Richie Fay, head of distribution for Lionsgate.
“Texas Chainsaw” drew a hefty 84 percent of its business from 3-D screenings. Many movies now draw 50 percent or less of their revenue from 3-D screenings, but horror fans tend to prefer paying extra to see blood and guts fly with an added dimension.
In narrower release, Matt Damon‘s natural-gas fracking drama “Promised Land” had a slow start in its nationwide debut, coming in at No. 10 with $ 4.3 million after opening in limited release a week earlier.
Released by Focus Features, “Promised Land” stars Damon as a salesman pitching rural residents on fracking technology to drill for natural gas. The film widened to 1,676 theaters, averaging a slim $ 2,573 a cinema, compared with $ 8,666 in 2,654 theaters for “Texas Chainsaw.”
Hollywood began the year where it left in 2012, when business surged during the holidays to carry the industry to a record $ 10.8 billion at the domestic box office.
Overall business this weekend came in at $ 149 million, up 7 percent from the same period last year, when “The Devil Inside” led with $ 33.7 million, according to box-office tracker Hollywood.com. But with strong business on New Year’s Day last week, Hollywood already has raked in $ 254.2 million, 33 percent ahead of last year.
Box-office results ebb and flow quickly, so that lead could vanish almost overnight. But with a steady lineup of potential hits right through December, studios have a chance at another revenue record this year.
“The month that we had at the end of last year that led us to a record year continued right through New Year’s and on now to the first official weekend of 2013,” said Hollywood.com analyst Paul Dergarabedian. “We’re looking for an even stronger year this year. That’s in the realm of possibility. But we have 51 weekends to go.”
Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.
1. “Texas Chainsaw 3-D,” $ 23 million.
2. “Django Unchained,” $ 20.1 million.
3. “The Hobbit: An Unexpected Journey,” $ 17.5 million.
4. “Les Miserables,” $ 16.1 million ($ 14.5 million international).
5. “Parental Guidance,” $ 10.1 million.
6. “Jack Reacher,” $ 9.3 million ($ 22.3 million international).
7. “This Is 40,” $ 8.6 million.
8. “Lincoln,” $ 5.3 million.
9. “The Guilt Trip,” $ 4.5 million.
10. “Promised Land,” $ 4.3 million.
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Online:
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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.
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Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.
Bob Chamberlin/Los Angeles Times
Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.
Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.
In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.
In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.
The proposed increases compare with about 4 percent for families with employer-based policies.
Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.
The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.
New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.
The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.
Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.
“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.
While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.
The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.
Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.
“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.
Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.
“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.
As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.
Chicago may have lost a few of its Michelin-starred restaurants in 2012 and waved goodbye to the inimitable Charlie Trotter's, but the higher-end restaurant scene is powering up in ways not seen since prerecession days, according to industry players and observers.
Local operators with a hit or two are embarking on ambitious ventures, though keeping an eye on startup costs and menu prices. A handful of chefs with established followings, among them Curtis Duffy and Iliana Regan, are sticking out their necks with riskier fine-dining ventures. And some prominent out-of-towners are investing on a grand scale, with a Del Frisco's Double Eagle Steakhouse just opened in the former Esquire Theater on Oak Street, and an Italian food and wine marketplace, Eataly, planned for the former ESPN Zone site in River North.
The flurry of activity is seen by some as a signal the economy has stabilized, at least for now.
"People are out spending money again, and corporations are hosting expensive dinners again, and there was a period when that was not happening," said Neil Stern, senior partner at McMillanDoolittle, a retail consultancy. "It affects the high end significantly."
Still, the bubbling of enthusiasm for the upper end of the market is something of an anomaly. The rebound in Chicago restaurant startups across all price ranges is tenuous. The city issued 1,458 new retail food licenses in 2012, only 11 more than in 2010 and below the 1,589 issued in 2007, the year leading into the recession.
Just as there are new arrivals, there were some big losses last year in this notoriously volatile business. Notable exits include Charlie Trotter's, Crofton on Wells, Il Mulino, One Sixtyblue, Pane Caldo and Ria at the Waldorf Astoria, one of several luxury hotels to step away from fine dining.
Weak economic conditions played a role for some, and the forecast for 2013 remains uncertain.
"It's a precarious market, and one economic blip really can take demand out of the market very, very quickly," Stern said.
Still, upscale-restaurant operators are moving ahead, betting on Chicagoans' seemingly endless fascination with food trends, dining out and the city's robust roster of accomplished chefs.
"When I was a child, people would go to each other's homes for a dinner party every week and would rarely go to restaurants — now it is almost the opposite," said David Flom, who with his business partner Matthew Moore hit a grand slam with Chicago Cut Steakhouse in River North, which opened in 2010. Steaks range from $34 to $114; soup, salad, sauces, vegetables and potatoes all are extra.
In December, they opened The Local at the Hilton Suites in Streeterville, a more modestly priced venue where executive chef Travis Strickland, formerly of the Inn at Blackberry Farm, is serving locally sourced comfort food. Meatloaf made with prime dry-aged beef goes for $24, rotisserie chicken pot pie for $22.
"People can use The Local as an everyday restaurant," Flom said. "People can say, 'Let's just grab a burger at The Local.' It doesn't have to be $100 a person, it can be $25."
At Chicago Cut, the average check, per person, is $82, including drinks, versus $44 at The Local, he said.
Industry observer Ron Paul, president and CEO of Technomic Inc., said he is particularly intrigued by the growing strength of such emerging independents, who are nipping at the heels of Lettuce Entertain You Enterprises Inc., even as that homegrown powerhouse continues to churn out winning concepts.
As restaurant real estate broker Randee Becker, president of Restaurants!, put it: "People who are doing north of $8 million to $10 million of sales are expanding in a big way."
After establishing a high-style, large-scale foothold in River North with the opening of Epic in 2009, proprietors Steve Tavoso and Jeff Krogh last fall embarked on a second act in the neighborhood. They engaged prominent chefs — Thomas Elliott Bowman and Ben Roche, who worked together at Moto — but kept their initial investment more modest this time.
Their latest entry, the eclectic Baume & Brix, opened last fall in the former Rumba space, which had most of the necessary mechanical, electrical, plumbing and kitchen elements in place. Startup costs were about $1.5 million, compared with more than $5 million spent to open Epic. "I took raw space (for Epic) — I would never do that again," Tavoso recalled.
Mercadito Hospitality, whose Chicago offerings include high-energy Latin American tapas spots Mercadito and Tavernita, also is watching its pennies on startups, its most recent being Little Market Brasserie in the Talbott Hotel. Led by chef/partner Ryan Poli, the restaurant has quietly opened with a Parisian decor and American small plates. Its grand opening is expected Jan. 18.
"We are aware of the fact the economy is not fully recovered, so we try to keep our expenses down without sacrificing quality," said managing partner Alfredo Sandoval.
The Chicago-based group intends to keep expanding. It just signed a lease at a River North spot with a 4 a.m. liquor license, with plans to open a drinks-focused venue there in 2013.
Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)
Kenneth Conley's formal return to federal custody this morning at the Dirksen U.S. Courthouse was a far cry from the brazen way he left.
The second half of a daring escape duo who used bedsheets to scale down the façade of a downtown jail last month was pushed into a federal courtroom in a wheelchair, his legs extended and his feet swollen and shoeless. Shoulder bones pushed through his thin white T-shirt and one pinky was secured in a splint.
A short time later, U.S. District Judge Sheila Finnegan ordered Conley be held in custody without bail and set his preliminary hearing for Jan. 17. Conley spoke only briefly to tell Finnegan he understood the charges against him.
"Yes, your honor," said Conley, who was wan and appeared thinner than in his booking photo.
Conley, a convicted bank robber, was on the lam 18 days before being arrested Friday afternoon in Palos Hills after police there received a call of a suspicious person. Police said Conley had attempted a disguise, wearing a an overcoat, beret and using a cane he didn't need.
Conley fought briefly with police, slugging one officer before he was tackled, authorities said. He was treated at a hospital before being transferred back to the Metropolitan Correctional Center, the jail he busted out of Dec. 18 with his cellmate and fellow convicted bank robber, Joseph "Jose" Banks. Banks was caught two days after the escape.
Conley's attorney, Gary Ravitz, asked Finnegan for permission to use his cell phone camera to document Conley's left foot, which he said was swollen.
Ravitz, who represents Conley on the underlying bank robbery charge, said he did not know the extent of his client's injuries and that he otherwise appeared calm.
"He seemed to be in relatively good spirits, given the situation," Ravitz said.
Conley, 38, allegedly escaped from the jail, located at 71 W. Van Buren Street, while awaiting sentencing after pleading guilty on Oct. 29, 2012, to a 2011 bank robbery of $4,000 in Homewood.
Deputy U.S. Marshals and FBI agents returned to Palos Hills Friday morning to canvass for Conley because of unconfirmed sightings there and his long-standing connections to the area. A 911 call from maintenance workers at a building where Conley is believed to have been sleeping in the basement came in around 3:30 p.m.
The maximum penalty for Conley's escape is five years in prison and a $250,000 fine. The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.
According to court records, Conley has a long criminal history. He has been convicted in Cook County of offenses ranging from retail theft to weapons violations and was sentenced to eight years in prison for an armed robbery in 1996. He also was sentenced to six years in prison in San Diego County for petty theft with a prior conviction, according to California records.
If denial isn’t just a river in Egypt, then mobile isn’t just a city in Alabama. And if 2012 proved one thing, it’s that there’s no denying mobile is the present and future of technology.
Sales figures for mobile devices reached new heights in 2012. Market research firm Gartner predicted tablet sales would near 120 million, about doubling the total sold in 2011.
[More from Mashable: Would You Make Your Kid Sign a Contract to Use an iPhone?]
In addition, the number of active smartphones eclipsed 1 billion during the past year. That’s one for every seven people on the planet. And while it took almost two decades to reach 1 billion active smartphones, research firm Strategy Analytics projects there will be 2 billion by 2015, fueled by growth in developing economies in China, India and Africa.
It’s not just phones and tablets though. All sorts of smart mobile technology flourished in 2012, from watches and wristbands to glasses that can project video on the inside of the lenses. Speaking of glasses, in April, Google sent the tech world into a tizzy when it unveiled plans for a futuristic headset called Project Glass.
[More from Mashable: ‘Offensive Combat’ Brings Hardcore Gaming to Facebook]
Well, if you think mobile came a long way in 2012, this year could be even better. Here’s an outline of where we think mobile technology is headed in 2013.
Brand Wars Will Drive Innovation
In terms of smartphones, mobile in 2013 will be like an evening of boxing. For the main event, heavyweights Apple and Samsung will square off to see which can produce the world’s most popular device.
The Samsung Galaxy III recently dethroned the iPhone for that honor. While Apple went conservative with new features on the iPhone 5, Samsung went bold, equipping the Galaxy S III with an enormous 4.8-inch display, near field communication (NFC) technology (more on this later), a burst-shooting camera and a voice-enabled assistent akin to the iPhone’s Siri.
Apparently, Apple is preparing to counter-punch. There are already rumors that Apple is testing its next iPhone, identified as “iPhone 6.1″ which runs iOS 7.
Behind the iPhone and Galaxy a host of capable contenders are hungry for a shot at the belt, including devices from Motorola, HTC and Nokia.
There might even be some new players in the game. It seems likely that Amazon will debut a Kindle Phone sometime in 2013. There was even talk that Facebook was working on its own smartphone, but CEO and founder Mark Zuckerberg squelched those rumors in September.
What does this all this mean for us? It means better phones. Competition drives innovation. Look for these brands to consistently try to one-up one another with faster processors, better cameras and more innovative features.
That’s not the only battle that will play out in 2013. Another one to watch will be the fight for third place in mobile operating systems. Android is the undisputed number one with nearly 75% global market share. While Apple’s iOS is miles behind Android, it is still firmly entrenched at number two.
In 2013, the top two contenders for third place will be Windows Phone 8 and BlackBerry 10, which is expected to launch in the coming months.
A few dark horses are running in this race for third. Mozilla plans to launch a Firefox OS sometime during 2013. Then, there is Tizen, a Linux-based mobile OS. Samsung recently revealed plans to release Tizen-based devices in 2013.
Both Firefox and Tizen are open source mobile operating systems, but they won’t be the only ones. There are two other open source mobile operating systems to watch going forward. Jolla expects to release smartphones and possibly tablets running its Sailfish OS in 2013; and Ubuntu-based smartphones should hit the market by early 2014.
No NFC Mobile Payment, Yet
Before leaving the house, most will check to make sure they have three things: keys, wallet and cellphone. Well, thanks to NFC technology, cellphones might soon lighten the load by essentially replacing wallets with an “e-wallet.”
It seems like we have been talking about NFC for years now. Basically, it enables two devices to make a very short-range and secure connection through radio technology. If a smartphone is equipped with NFC, as are most newer-model Androids, and if a retailer has an NFC terminal, one could make a purchase by simply tapping the phone on the terminal.
NFC technology also has other applications, such as data transfer between phones, but mobile payments is the feature most often discussed.
Services like Isis and Google Wallet are already in place. They secure one’s payment information within a device.
The reason why mobile payment through NFC has not yet hit the mainstream is that device penetration is not at the point where it has prompted retailers to update their technology. Basically, not enough smartphones have the technology. Androids have started to adapt, but unlike iPhones, Android hardware is not uniform across the various devices.
While the wheels have been in motion for some time, they’re really spinning now that most new Androids, including the Galaxy S III, come with NFC. If Apple releases a new iPhone during 2013, and if Apple decides to include NFC this time around, it will probably tip the scales in favor of rapid adoption of mobile payment.
Even if all that does happen, however, there probably won’t be a new iPhone until later in the year, so odds are you’re not going to see NFC penetrate the mainstream during 2013. Maybe 2014 will finally be the year of NFC.
Flexible Smartphones
Here’s something you never knew you needed — a flexible smartphone. These devices will be lighter, more durable and the screen will be bendable. This feat is possible by making the display out of an organic light-emitting diode (OLED) and shielding it in plastic rather than glass. Samsung is reportedly moving forward with plans to start producing a bendable phone.
Samsung is not the only player in this game, however. Many companies are developing bendable screens. At Nokia World in London in 2011, Nokia showed off a device which not only bends but is controlled by bending. Check it out in the video below.
Since there are quite a few companies working on this, it seems likely that one will try to be first to market in 2013. There are rumors that the next model of Samsung’s Galaxy will feature a bendable HD display. We’ll find out much more about this at the Consumer Electronics Show, scheduled for next week. Stay tuned for updates.
The Future of Smartphone Cameras
Cameras and phones have been married for about a decade (they dated, previously). In that time, the relationship has been constantly improving in terms of specs, which has led to higher-quality photographs.
Nokia upped the ante significantly in 2012 when it released the 808 PureView, a smartphone equipped with a 41-megapixel camera. The iPhone 5 has an eight-megapixel camera. Granted, more megapixels doesn’t necessarily equate to better pictures, but it’s certainly one important element. The gallery below features pictures taken with the 808 PureView.
Nokia 808 PureView
The Nokia 808 PureView comes in several colors. It’s heavier than your average phone, with the camera lens protruding from the back. By far its most interesting feature is the 41-megapixel camera, which takes amazing photos.
Click here to view this gallery.
In 2013, we can not only expect more megapixels, and better sensors, flashlights and shutter speeds from smartphone cameras; there are also some futuristic developments in the works.
One most likely to hit the market in 2013: a sensor developed by Toshiba that will allow users to adjust the area of focus of a shot during post-processing, much like with a Lytro cameras.
Another development to anticipate is greater availability and lower cost for smartphone cameras that shoot 3D photos and video.
While all of these improvements are exciting, it’s not just smartphones that are getting better cameras. Better cameras are literally being turned into smartphones. In 2012, Samsung released a Galaxy Camera which Mashable’s tech editor Pete Pachal described as an “incredible device.”
Connected cameras might not become the norm in 2013, but they will definitely become more common.
Eventually, there could even be cameras that have the ability to penetrate objects such as thin walls, clothing or even skin. While the technology is in place, don’t look for it in 2013. The world probably isn’t ready for x-ray vision quite yet.
Wearable Tech
It’s not enough to carry technology anymore. Nowadays people want to wear it, too.
In April, the Pebble Watch, which integrates with both Android and iOS devices, received Kickstarter funding totaling over $ 10 million from nearly 70,000 backers. Pebble still has not shipped watches. It is currently accepting pre-orders, but has not announced a release date. It’s relatively safe to assume these watches will be available in 2013.
Although there are other smart watches currently available, Pebble may face some serious competition if the rumors about Apple producing a smart watch prove true. In fact, Apple recently received 22 patents that would enable the company to move forward with a range of wearable smart technology, including sneakers, shirts, skiing gear and more.
Patents alone mean very little. So unless you hear otherwise, don’t expect Apple smartpants (which, if they do happen, should definitely be called “smartypants”) anytime during 2013.
And speaking of extremely exciting wearable technology that probably won’t happen during 2013, let’s all re-watch this video for Google Glass while wistfully longing for the future to arrive.
On the bright side, since we survived the Mayan apocalypse, it looks like we might eventually make it to the future, after all. In case you hadn’t noticed, it seems pretty obvious that when we get there, glorious mobile technology will abound.
Images courtesy of Flickr, SETUP Utrecht, John Biehler and via Isis
This story originally published on Mashable here.
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PARIS (Reuters) – Former French screen goddess Brigitte Bardot on Friday threatened to follow Gerard Depardieu in asking for a Russian passport, in protest not at tax hikes, but at the treatment of two circus elephants.
The animals, named Baby and Nepal and owned by a touring circus, are thought to be carrying tuberculosis and were ordered to be put down by a court in Lyon, southern France, on Friday as a precautionary measure.
Bardot’s threat comes a day after fellow actor Depardieu caused a storm in France by becoming a Russian citizen in protest at high tax rates proposed by the Socialist government, which he accuses of penalizing success.
“If those in power are cowardly and impudent enough to kill the elephants… then I have decided I will ask for Russian nationality to get out of this country which has become nothing more than an animal cemetery,” Bardot said in a statement.
Owners Cirque Pinder also said on Friday they would appeal to save the elephants, which first tested positive for tuberculosis in 2010 but have since been kept in a zoo in Lyon away from the general public.
Bardot, who first rose to fame as a screen siren in the 1956 Roger Vadim film “And God Created Woman”, has become an increasingly controversial figure with her outbursts on animal rights, but also on gays, immigrants and the unemployed.
Since retiring from the screen in the 1970s she has become a semi-recluse, devoting herself to her Brigitte Bardot Foundation for animal rights, and has frequently taken aim at Eid al-Adha festivities when Muslims ritually slaughter sheep.
In 2008 she was convicted for a fifth time in 11 years for incitement to religious hatred, over a 2006 tract on Eid al-Adha in which she said the Muslim community in France was “destroying our country by imposing its acts’.
(Reporting By Vicky Buffery, editing by Paul Casciato)
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One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.
So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”
And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.
But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.
Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.
His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.
So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.
On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.
When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.
But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.
All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.
Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.
His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.
At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.
“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”
Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.
These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.
I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.
He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.
He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.
As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.
In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.
The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.
We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.
We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.
Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”
Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.
Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.
Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured. A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.
The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.
Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.
For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy speculation.
Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.
Andre Curry, 22, talks about his felony conviction for posting a Facebook photo of his daughter bound and gagged with tape being reduced to misdemeanor domestic battery. (Chris Walker, Chicago Tribune)
A Cook County judge today reversed himself, reducing the conviction to a misdemeanor for a dad who posted a Facebook photo of his 22-month-old bound and gagged with tape.
Judge Lawrence Flood had convicted Andre Curry in November of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him today when he did an abrupt about-face.
In reducing Curry’s conviction to misdemeanor domestic battery, the judge said that after reviewing the law, he found no intent to obstruct the child's breathing. He sentenced Curry to 18 months of probation and ordered him to take parenting classes.
Despite his change of heart, Flood said that Curry showed an extreme "lack of judgment."
"In your rush to show everyone how funny you were, you used...a helpless 22-month-old child who was completely dependent on you as a prop," Flood said. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case."
Curry thanked the judge in a soft voice and apologized to his family.
"I'm sorry for everybody who’s been on the edge of their seats out there," he said.
Curry, 22, had been free on bond since his felony conviction but had faced up to 7 years in prison before the judge changed his mind.
At trial, Flood had acquitted Curry of unlawful restraint but found him guilty of the two battery counts, saying in a brief ruling that by placing tape over the girl's mouth, he had obstructed her breathing for his own enjoyment.
"To use a child...as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Flood said at the time.
Curry told police he was playing with his daughter one night at their South Side home and used blue painter’s tape to bind her ankles and wrists and cover her mouth. He then snapped a photo and uploaded it on his Facebook page.
Across the top of the photo were the words: "This is wut happens wen my baby hits me back," according to prosecutors and police reports. The message was followed with a winking emoticon.
Family members have said that Curry is playful and the photograph was meant to be a joke.
But the image went viral on the Internet, prompting a flood of calls to police and state child-welfare authorities from Curry’s friends on Facebook and others who had seen it.
After Curry’s felony conviction in November, Curry’s attorney, Sam Adam Jr., blasted prosecutors, saying they had overcharged the case because of the publicity. He said the domestic battery law wasn’t intended to punish a loving parent who made a mistake but didn’t injured his child.
He filed a motion asking Flood to reconsider the verdict, arguing that the judge had incorrectly found that Curry had impeded the child’s breathing or attempted to strangle her, elevating the charge to a felony. The eight-page filing contained innocuous examples of someone having their mouth covered, including one photo of a child playfully holding her hand over the mouth of President Barack Obama during a photo op.
In reversing his ruling today, Judge Flood said he agreed that prosecutors had not proven there was any “intent to strangle” or to keep the child from breathing. The judge cited testimony from both police and Curry’s sister that the tape was over the child’s mouth for only a matter of seconds.
It is extremely rare for a trial judge to overturn his own ruling. Typically, if a case is reversed it comes after an appeal is filed before the Illinois Appellate Court.
After the hearing, Adam, a veteran criminal defense attorney who has tried hundreds of cases at the Leighton Criminal Court Building, estimated he wins only about 1 percent of his motions to reconsider. He said trying to convince a judge he or she was wrong is a tricky maneuver, but that most judges know it’s not a personal attack.
“You have to be very careful when you say, “I think you’re wrong here,’” Adam said. “But I have a client.. I believe in, and I believed that the judge was wrong on what the state proved.”
After the hearing, Curry hugged his pastor, Torrey Barrett, who has hired Curry to mentor other young fathers as part of the KLEO Community Life Center that Barrett runs in the Washington Park neighborhood. Curry said he hoped his story would help others remain a positive force in their children’s lives.
“From the bottom of my heart, I’m sorry for the pain I put everybody through, everyone who had to see that picture,” Curry said.
Asked what he learned from the ordeal, Curry said emphatically, “Think before you do.”
Curry, who spent 39 days in jail before he was freed on bond, said the experience has humbled him but not made him bitter or angry.
“I think for my actions I deserved to be put through this. It was actually a life-learning experience for myself,” he said.
Curry said he knew that as his daughter grows older, she will hear stories about the case and possibly even see the picture. “It’ll just be something we’ll sit back and laugh at as a family like ‘Look what daddy went through for you,’” he said.
He said he was looking forward to seeing his daughter soon. Since his release from jail, Curry was allowed only sporadic, supervised visits with his daughter. That restriction will be lifted as long as he completes the parenting classes and stays out of trouble.
“I’m gonna pick her up and throw her in the air,” Curry said, smiling. “And I’m going to catch her and spin her around.”
BRUSSELS (Reuters) – A decision by U.S. regulators to end a probe into whether Google Inc hurt rivals by manipulating internet searches will not affect the European Union‘s examination of the company.
“We have taken note of the FTC (Federal Trade Commission) decision, but we don’t see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing,” said Michael Jennings, a spokesman for the European Commission, the EU executive.
U.S. regulators on Thursday ended their investigation into the giant internet company, which runs the world’s most popular search engine.
Other internet companies, such as Microsoft Corp, had complained about Google tweaking its search results to give prominence to its own products. But the FTC said there was not enough evidence to pursue a big search-bias case.
The European Commission has for the past two years been investigating complaints against Google, including claims that it unfairly favored its own services in its search results.
Google presented informal settlement proposals to the Commission in July. On December 18 the Commission gave the company a month to come up with detailed proposals to resolve the investigation.
If it fails to address the complaints and is found guilty, Google could eventually be fined up to 10 percent of its revenue – a fine of up to $ 4 billion.
(Reporting By Ethan Bilby; Editing by Sebastian Moffett and David Goodman)
Tech News Headlines – Yahoo! News
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