November 2009

Briton killed wife in sleep, court hears

LONDON (AFP) –
A Briton killed his wife in his sleep, after dreaming that she was an intruder in their camper van, a court heard on Tuesday.

Brian Thomas, who suffers from a sleep disorder, admits killing his wife Christine while they spent a night on a car park in west Wales in July last year, Swansea Crown court was told.

But the 59-year-old, who has two grown-up daughters with his 57-year-old wife, is pleading not guilty due to insanity, a lawyer said.

The court heard the couple had stopped for the night in a car park, but their sleep was disturbed by young men who gathered there with their cars, revving their engines and screeching their tyres.

So Thomas decided to move the van to another car park. But at 3.49am the following morning he called police to say he thought he had killed his wife.

He said he had been dreaming that he was fighting with the "boy racers" who had disturbed the couple earlier that night. He thought he had put one of them in a headlock, but when he woke up he realised it was Christine.

Prosecution lawyer Paul Thomas said sleep experts who assessed the accused concluded he had killed his wife while in the midst of a sleep disorder and that his behaviour had been involuntary.

The lawyer told the jury it was a "highly unusual" case and the prosecution was not seeking a verdict of guilty to murder or manslaughter, but would accept "a special verdict of not guilty of murder by reason of insanity".

The court was adjourned until Wednesday.

Mexico Indian remains returned from NY for burial

MEXICO CITY – Northern Mexico's Yaqui Indians buried their lost warriors after a two-year effort to rescue the remains from New York's American Museum of Natural History, where the victims of one of North America's last Indian massacres lay in storage for more than a century.
The burial Monday capped an unprecedented joint effort by U.S. and Mexican Indian tribes to press both governments to bring justice and closure to a 1902 massacre by Mexican federal troops that killed about 150 Yaqui men, women and children.
"They would not be at peace with their souls and conscience until they got their people back to their land," said Jose Antonio Pompa of Mexico's National Institute of Anthropology and History.
The 12 skulls and other blood-spattered remains interred in Vicam, a traditional Yaqui town in western Sonora state, carried some of the first forensic evidence of Mexico's brutal campaign to eliminate the tribe.
As if the horror of the massacre weren't enough, U.S. anthropologist Ales Hrdlicka came upon some of the bodies while they were still decaying, hacked off the heads with a machete and boiled them to remove the flesh for his study of Mexico's "races."
He sent the resulting collection to the New York museum. On Monday afternoon, on the slope of a mountain near the Yaqui village of Vicam, the 12 sets of remains were "baptized" to give them names that have been lost to history.
They were given a warriors' honor guard, and amid drumming, chants and traditional "deer" and "coyote" dances, each was laid to rest in the ground they had been striving to return to when they were slaughtered.
Perhaps best known for the mystical and visionary powers ascribed to them by writer Carlos Castaneda, the Yaquis fought off repeated attempts by the Mexican government to eliminate the tribe.
But they were largely defeated by 1900, and dictator Porfirio Diaz began moving them off their fertile farmland to less valuable territory or to virtual enslavement on haciendas as far away as eastern Yucatan state.
In 1902, about 300 men, women and children escaped from forced exile and started walking back to their lands in Sonora. They were stopped in the mountains near the capital of Hermosillo by 600 heavily armed soldiers, who attacked them from behind. What ensued, long known as "the Battle of the Sierra Mazatan," is now considered one of the last large-scale Indian massacres in North America.
"What soldiers were doing was — instead of wasting ammunition — turning the rifle around and hitting people in the head who were down, to make sure they were dead," said anthropologist Ventura Perez, who did a trauma investigation on the skulls for the American Yaqui tribes.
Some bore execution-style gunshot wounds to the back of the head. Cut marks on the bones indicated troops took ears as trophies, said Perez, a professor at the University of Massachusetts at Amherst.
The bones were forgotten in museum storage until Perez and anthropologist Andrew Darling, who works for the Gila River Indian Community in Arizona, started to study them in 2007 and realized their gruesome story.
The Pascua Yaqui tribe of Arizona took up the fight to have the bones returned.
"The approach we use is that we are one people ... the border is just an artificial concept," said Robert Valencia, vice chairman of the Pascua Yaquis.
U.S. Indian remains are protected under the North American Indian Graves Protection Act. But because the law doesn't cover Mexican remains held in the U.S., the Arizona tribe contacted the Mexican Yaquis and they in turn contacted the Mexican government, which also decided to get involved.
The museum agreed the bones and other artifacts — including blood-spattered blankets and a baby carrying-board from which Hrdlicka dumped an infant's corpse — should go back, saying "cultural sensitivities and values within the museum community have changed" since Hrdlicka's era.
Mexico's National Institute of Anthropology and History decided the real owners were the Yaquis and handed over the remains and artifacts last month for burial. The tribe held a memorial ceremony in a wood-paneled hall at the New York museum on Central Park with incense, drums and chants.

"This is the first time that the (natural history museum) has turned over cultural patrimony to a foreign government that immediately returned it to the indigenous people," the museum said in a statement.

The remains were honored by Yaqui on both sides of the border, spurring the tribes' hopes for recognition of their status as a single people who have long lived in both countries — in Sonora and in southern Arizona near Tucson.

The remains were packed into ceremonial wooden boxes and taken first to Tucson, where they were given a hero's welcome by Pascua Yaquis, including an honor guard of Indian veterans of the U.S. Army.

"That is why the warriors' role is important, because when we make territorial claims, it is because Yaqui blood was spilled there," said Mexican Yaqui elder Ernesto Arguelles, 59. "This is the first opportunity we have had to stop and mourn."

Ford shares soar after surprise profit

DETROIT (Reuters) –
Ford Motor Co (F.N) posted a $1 billion quarterly profit on Monday, defying Wall Street forecasts of a loss, as it cut costs and gained market share, leading it to raise its 2011 outlook to "solidly profitable" from break-even.

Ford's shares surged 8 percent as the surprising profit and increased outlook overshadowed news that the United Auto Workers union rejected a tentative cost-cutting deal with the automaker that would have brought its labor costs in line with U.S. rivals.

The only large U.S. automaker not to file for bankruptcy in 2009, Ford also said later on Monday it is seeking to extend its revolving credit facility from 2011 to 2013 and raise another $3 billion of capital through convertible debt and equity offerings.

The quarterly results provided more evidence that Ford has distanced itself from U.S. rivals General Motors Co (GM.UL) and Chrysler, which have struggled to complete restructurings after emerging from government-funded bankruptcies earlier in 2009.

Ford seized North American market share from GM and Chrysler when they halted most production to prepare and execute their bankruptcy cases.

"We're creating a very strong business and we are not taking taxpayer money," Mulally said on a conference call with analysts. "So the advantages clearly outweigh any potential disadvantage."

Ford reported $1.3 billion of positive cash flow in the third quarter, its first positive quarter since the second quarter of 2007, and forecast positive cash flow in the fourth quarter. It burned through $4.7 billion of cash in the first half of 2009.

The company also reported its first quarterly operating profit in North America since the first quarter of 2005.

Ford said it was confident the global economy would be improving by 2011, but it added the near-term growth outlook "remains rather uncertain."

Some analysts believe Ford will be profitable in 2010.

"As the market starts to turn and sales volumes start to recover, Ford should be solidly in the black next year, certainly ahead of schedule," Autoconomy.com analyst Erich Merkle said.

CREDIT ARM'S PROFIT MORE THAN QUADRUPLED

Ford reported a net profit of $997 million, or 29 cents per share, for the third quarter, compared with a net loss of $161 million, or a 7 cents per share, a year earlier. Revenue fell $800 million to $30.9 billion.

Operating profit was 26 cents per share excluding one-time items. On that basis, analysts on average expected a loss of 12 cents per share, according to Thomson Reuters I/B/E/S.

The automaker's results were boosted by Ford Motor Credit Co, which reported that profits rose to $427 million in the third quarter from $95 million a year earlier.

From its automotive business, Ford reported a $446 million pretax operating profit worldwide, including positive results in all four of its regions.

Mulally said he was "cautiously optimistic" and some financial market indicators were returning to levels seen before the Lehman Brothers collapse in September 2008, but consumer confidence and high unemployment remain a drag on the U.S. and UK economies.

"We're just not sure about the strength of the recovery," Mulally said.

Ford posted losses totaling $30 billion from 2006 through 2008 and remains saddled with a much heavier debt load than GM or Chrysler following their bankruptcy reorganizations.

Ford and other automakers are fighting through a plunge in auto sales in North America due to the recession. The company left its 2010 U.S. auto industry sales forecast at 12.5 million vehicles, including medium and heavy trucks, but said it would give an updated outlook early next year.

Until a U.S. economic recovery takes off, cash will remain king for Ford, which borrowed more than $23 billion in late 2006 to finance its turnaround and believes it has enough money to complete its restructuring.

The automaker received $500 million of annual labor cost savings from concessions negotiated with the UAW in February, but said it needed more cuts to align long-term costs with those of GM and Chrysler.

Analysts said the relative health of Ford compared with GM and Chrysler was a key factor in the rejection.

"The positive quarterly results released by Ford this morning are further evidence of the contributions that Ford workers have made," UAW President Ron Gettelfinger said, announcing the rejection of the proposed concessions.

Ford and UAW leaders reached the agreement in mid October, but the vote among some 41,000 Ford UAW workers met stiff opposition over a "no-strike" clause on wages and benefits.

Ford's union workers in Canada ratified a cost-cutting deal over the weekend to preserve most of the Ford jobs in Canada.

Ford shares ended up 58 cents, or 8.3 percent, at $7.58 on the New York Stock Exchange.

(Reporting by David Bailey and Soyoung Kim; Editing by John Wallace, Maureen Bavdek, Tim Dobbyn and Steve Orlofsky)

Two U.S. deaths may be linked to bad beef

WASHINGTON (Reuters) –
An outbreak of food-borne illness, linked to dangerous bacteria in ground beef, sickened 28 people and may have caused two deaths in the U.S. Northeast, health officials said on Monday.

The U.S. Centers for Disease Control and Prevention said all but three of the illnesses were in the Northeast and 18 were in the six New England states. A common strain of E. coli bacteria was involved so tests were under way to see if all of the reported cases have the same cause.

State officials said a death in New Hampshire was linked to the ground beef that is being recalled by Fairbank Farms of Ashville, New York. The New York State Health Department said a death in the Albany area from E. coli O157:H7 bacteria was being investigated to see if it is linked.

New Hampshire officials did not release information about the death in their state. The death in New York state last month involved an adult with underlying medical conditions, said the CDC. Two people were hospitalized in New Hampshire.

Fairbank Farms announced the recall on Saturday of 545,699 lbs (248,450 kg) of fresh ground beef products. The beef was produced in mid-September and probably was labeled for sale by the end of the month, said USDA.

The Agriculture Department, which oversees meat safety, said an investigation led it to conclude "there is an association between the fresh ground beef products and illnesses in Connecticut, Maine and Massachusetts." USDA worked with state and federal officials in examining a cluster of E. coli O157:H7 illnesses.

A potentially deadly bacteria, E. coli can cause bloody diarrhea, dehydration and, in severe cases, kidney failure. The very young, the elderly and people with weak immune systems are the most susceptible to foodborne illness.

USDA said it would examine Fairbank Farms' food safety plan this week.

A string of food-borne safety scares led the U.S. House of Representatives to pass legislation this summer to require more inspections and oversight of food manufacturers and would give the government new authority to order recalls.

The Fairbank Farms beef went to retailers including Trader Joe's, Price Chopper, Lancaster and Wild Harvest, Shaw's, a unit of Supervalu, BJ's, Ford Brothers and Giant, a unit of Ahold, in eight states -- Connecticut, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania and Virginia.

A complete list of products is available at:

http://link.reuters.com/vyx27f

The beef was produced September 14-16, and the company urged consumers to check their freezers for products listed in the recall. Labels of the recalled packages will say EST 492 inside the USDA seal.

(Reporting by Charles Abbott; Editing by Christian Wiessner)

BetOnSports.com founder gets 4-plus years

ST. LOUIS – The founder of the online gambling site BetOnSports.com was sentenced Monday to more than four years in prison, ending a lengthy investigation and prosecution into one of the world's largest offshore sports gambling companies.
Gary Kaplan, 50, must also forfeit $43.6 million in illegally obtained revenue as part of a plea agreement. He also has agreed not to block another $7 million being forfeited by associates. Prosecutors said Tuesday that Kaplan still has tens of millions in Swiss bank accounts.
Kaplan pleaded guilty in August to racketeering conspiracy, violating the Wire Wager Act and conspiring to violate it. Prosecutors had been investigating offshore sports gambling since 1997, and BetOnSports since 2001.
Kaplan, sentenced to four years and three months, could end up spending another year behind bars. He has been jailed for two years and seven months since his March 2007 arrest in Puerto Rico.
Kaplan's attorneys had argued for leniency, including home confinement, and said he would like to pursue charitable projects to help the community.
But U.S. District Judge Carol Jackson said Kaplan's two prior felonies, bookmaking and forgery, and a misdemeanor showed her he "continued to disrespect" the law. She said he broke laws he didn't agree with, knowing his activity was illegal.
"Mr. Kaplan made an educated decision, a gamble if you will," she said. "Now, here's the payoff."
She also ordered him to substance and mental health counseling, and to earn a high school diploma. And she said Kaplan may not launch or run a business without the permission of the probation office.
Online gaming is illegal in the U.S., and in 2006, a federal grand jury indicted Kaplan, his company and several associates. Three other former executives, including two of Kaplan's siblings, have pleaded guilty and will be sentenced Tuesday. A fourth will be sentenced later.
Kaplan, a high-school dropout who started out as a New York bookie, founded the offshore betting company in 1995, setting up entities in Aruba, Antigua and eventually Costa Rica. The firm solicited U.S. citizens to place sports wagers by phone and over the Internet directly from their accounts.
In his guilty plea in August, Kaplan said BetOnSports had 1 million registered customers and accepted more than 10 million sports bets worth more than $1 billion in 2004 alone. His company, by then based in Costa Rica, employed 1,700 people.
Kaplan took BetOnSports public on the London Stock Exchange's Alternative Investment Market in 2004, which netted him more than $100 million that was deposited in Swiss bank accounts. For the next two years, he served as a BetOnSports consultant.
Prosecutors said the company falsely advertised that its gambling operations were legal, and misled gamblers into believing that money transferred to BetOnSports was safe and available to withdraw at any time. Instead, investigators said, the money was used to expand operations, including purchase of a rival betting firm.
When BetOnSports ceased operation in 2006, customers lost more than $16 million.
Kaplan told Jackson in August that he initially believed that adhering to the laws in Aruba, Antigua, Costa Rica, the Dominican Republic and the United Kingdom kept him in good stead with U.S. laws. But he said he became aware as early as 2000 that such dealings violated U.S. law, and got confirmation in a legal opinion in 2002. Yet, he kept operating.
Kaplan apologized to the judge Monday for the "pain and embarrassment" he caused to his family, and said he'd "paid a monumental price for poor decisions." His attorneys said that Kaplan, from his jail cell, has made six-figure contributions to St. Louis-area charities in recent months.
The case could have been filed anywhere in the U.S., but the Eastern District of Missouri's former U.S. Attorney, Catherine Hanaway, was aggressive in going after online gambling operations.
Assistant U.S. Attorney Steven Holtshouser said the case sends a message that the government is serious about enforcing sports-betting laws, tracking violations "even when they're carried on off shore, and especially when U.S. citizens are trying to evade them."

U.S. attorneys in New York, Pennsylvania and California have pursued other lesser figures in sports booking. A Kaplan business partner, Norman Steinberg, fled to Costa Rica after pleading guilty in Pennsylvania. Another associate, Gregory Haggard, is a fugitive, Holtshouser said.