School Yoga Class Draws Religious Protest From Christians

T. Lynne Pixley for The New York Times

Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »

ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.

Jackie Bergeron’s first-grade yoga class was in full swing.

“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”

Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.

A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.

After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.

Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.

“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”

Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.

Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.

Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.

“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.

“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.

The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.

The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.

The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.

Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.

The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.

“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”

Ms. Eady is not convinced.

“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”

Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.

“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”

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Gunman Kills 20 Schoolchildren in Connecticut

A gunman killed 26 people, 20 of them children between ages 5 and 10, in a shooting on Friday morning at an elementary school in Newtown, Conn., about 65 miles northeast of New York City, the authorities said.

The gunman, believed to be 20, walked into a classroom at Sandy Hook Elementary School, where his mother was a teacher. He shot and killed her and then fatally shot 20 students, most in the same classroom. He also fatally shot five other adults, then killed himself inside the school. One other person was injured in the shooting.

Another body related to the case was at different scene in Connecticut, the authorities said, declining to elaborate.

A law enforcement official identified the assailant as Adam Lanza and said that a brother, Ryan Lanza, had been questioned. Adam Lanza was wearing combat gear when he entered the school, the official said.

The school shooting is the second deadliest in American history, after the 2007 massacre at Virginia Polytechnic Institute, which claimed 32 lives.

President Obama, speaking on national television Friday afternoon, appeared to break down several times as he spoke of the crime. “The majority of those who died today were children, beautiful little kids between the ages of 5 and 10 years old,” he said. .

After pausing to compose himself for 12 long seconds, Mr. Obama went on, “They had their entire lives ahead of them: birthdays, graduations, weddings, kids of their own.”

Then the president wiped the corner of his eye.

Witnesses described a harrowing scene at the school, located at the end of a long drive and surrounded by woods about 12 miles east of Danbury, Conn. Sounds of gunfire were followed by screams as terrified students and staff members hid in classrooms, closets and wherever else they could take shelter.

“We were in the gym, and I heard really loud bangs,” said a 9-year-old boy as he stood shivering and weeping outside the school with his father’s arms draped around him. “We thought that someone was knocking something over. And we heard yelling, and we heard gunshots. We heard lots of gunshots. We heard someone say, ‘Put your hands up.’ I heard, ‘Don’t shoot.’

“We had to go into the closet in the gym. Then someone came and told us to run down the hallway. There were police at every door. There were lots of people crying and screaming.”

Yvonne Cech, a school librarian, said that she, three other library workers and 18 fourth graders had spent 45 minutes locked in a closet during the shootings. “The SWAT team escorted us out” she said.

The Newtown police summoned the State Police to the school shortly after 9:30 a.m., said Lt. J. Paul Vance of the State Police. “Immediately upon arrival,” he said, officers “entered the school and began an active shooter search.”

Most, or all, of the violence occurred in two classrooms that are next to each other, a law enforcement official said. “He visited two classrooms,” the official said.

Eighteen students were pronounced dead at the school, and two others were taken to a hospital where they were declared dead. All the adults who were fatally shot at the school were pronounced dead at the scene.

Law enforcement officials said the weapons used by the gunman were a Sig Sauer and a Glock, both handguns. The police also found a Bushmaster .223 M4 carbine, a rifle, at the scene that they believe belonged to him.

Few details emerged about Adam Lanza, the man who the authorities said was responsible for the rampage. He attended Newtown High School, and former high school classmates recalled him as smart, introverted and nervous. They said he went out of his way to not attract attention.

Meredith Artley, the managing editor of CNN.com, said someone who works at the school told her that after the shooting began, “three people went out into the hall and only one person came back — the vice principal, she said, who was shot in the leg or the foot, who came crawling back.” The vice principal, the school worker told Ms. Artley, “cowered under the table and called 911. There must have been a hundred rounds.”

Reporting was contributed by Peter Applebome, Robert Davey, Elizabeth Maker and Kristin Hussey from Connecticut, and Al Baker, Matt Flegenheimer, Andy Newman, Jennifer Preston, Motoko Rich and Wendy Ruderman from New York.

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Owner of Rivera plane being investigated by DEA

PHOENIX (AP) — The company that owns a luxury jet that crashed and killed Latin music star Jenni Rivera is under investigation by the U.S. Drug Enforcement Administration, and the agency seized two of its planes earlier this year as part of the ongoing probe.

DEA spokeswoman Lisa Webb Johnson confirmed Thursday the planes owned by Las Vegas-based Starwood Management were seized in Texas and Arizona, but she declined to discuss details of the case. The agency also has subpoenaed all the company's records, including any correspondence it has had with a former Tijuana mayor who U.S. law enforcement officials have long suspected has ties to organized crime.

The man widely believed to be behind the aviation company is an ex-convict named Christian Esquino, 50, who has a long and checkered legal past. Corporate records list his sister-in-law as the company's only officer, but insurance companies that cover some of the firm's planes say in court documents that the woman is merely a front and that Esquino is the one in charge.

Esquino's legal woes date back decades. He pleaded guilty to a fraud charge that stemmed from a major drug investigation in Florida in the early 1990s and most recently was sentenced to two years in federal prison in a California aviation fraud case. Esquino, a Mexican citizen, was deported upon his release. Esquino and various other companies he has either been involved with or owns have also been sued for failing to pay millions of dollars in loans, according to court records.

The 43-year-old California-born Rivera died at the peak of her career when the plane she was traveling in nose-dived into the ground while flying from the northern Mexican city of Monterrey to the central city of Toluca early Sunday morning. She was perhaps the most successful female singer in grupero, a male-dominated Mexico regional style, and had branched out into acting and reality television.

It remained unclear Thursday exactly what caused the crash and why Rivera was on Esquino's plane. The 78-year-old pilot and five other people were also killed. Esquino was not on the plane.

The late singer's brother, Pedro Rivera Jr., said that he didn't know anything about the owner or why or how she ended up in his plane.

Esquino told the Los Angeles Times in a telephone interview from Mexico City earlier this week that the singer was considering buying the aircraft from Starwood for $250,000 and the flight was offered as a test ride. He disputed reports that he owns Starwood, maintaining that he is merely the company's operations manager "with the expertise."

In response to an email from The Associated Press, Esquino said he did not want to comment. Calls to various phone numbers associated with him rang unanswered.

Esquino is no stranger to tangles with the law. He was indicted in the early 1990s along with 12 other defendants in a major federal drug investigation that claimed the suspects planned to sell more than 480 kilograms of cocaine, according to court records. He eventually pleaded guilty to conspiring to conceal money from the IRS and was sentenced to five years in prison, but much of the term was suspended for reasons that weren't immediately clear.

He served about five months in prison before being released.

Cynthia Hawkins, a former assistant U.S. attorney who handled the case and is now in private practice in Orlando, remembered the investigation well.

"It was huge," Hawkins said Thursday. "This was an international smuggling group."

She said the case began with the arrest of Robert Castoro, who was at the time considered one of the most prolific smugglers of marijuana and cocaine into Florida from direct ties to Colombian drug cartels in the 1980s. Castoro was convicted in 1988 and sentenced to life in prison, but he then began cooperating with authorities, leading to his sentence being reduced to just 10 years, Hawkins said.

"Castoro cooperated for years," she said. "We put hundreds of people in jail."

He eventually gave up another smuggler, Damian Tedone, who was indicted in the early 1990s along with Esquino and 11 others in a conspiracy involving drug smuggling in Florida in the 1980s at a time when the state was the epicenter of the nation's cocaine trade.

Tedone also cooperated with authorities and has since been released from prison. Telephone messages left Thursday for both Tedone and Castoro were not returned.

Esquino eventually pleaded guilty to the lesser offense of concealing money from the IRS.

Joseph Milchen, Esquino's attorney at the time, said Thursday the case eventually revolved around his client "bringing money into the United States without declaring it."

However, Milchen acknowledged that a plane purchased by Esquino was "used to smuggle drugs."

He denied his former client has ever had anything to do with illegal narcotics.

"The only thing he has ever done is with airplanes," Milchen said.

Court filings also indicate Esquino was sentenced to two years in federal prison after pleading guilty in 2004 to committing fraud involving aircraft he purchased in Mexico, then falsified the planes' log books and re-sold them in the United States.

Also in 2004, a federal judge ordered him and one of his companies to pay a creditor $6.2 million after being accused of failing to pay debts to a bank.

As the years passed, Esquino's troubles only grew.

In February this year, a Gulfstream G-1159A plane the government valued at $500,000 was seized by the U.S. Marshals Service on behalf of the DEA after landing in Tucson on a flight that originated in Mexico

Four months later, the DEA subpoenaed all of Starwood's records dating to Dec. 13, 2007, including federal and state income tax documents, bank deposit information, records on all company assets and sales, and the entity's relationship with Esquino and more than a dozen companies and individuals, including former Tijuana Mayor Jorge Hank-Rhon, a gambling mogul and a member of one of Mexico's most powerful families. U.S. law enforcement officials have long suspected Hank-Rhon is tied to organized crime but no allegations have been proven. He has consistently denied any criminal involvement.

He was arrested in Mexico last year on weapons charges and on suspicion of ordering the murder of his son's former girlfriend. He was later freed for lack of evidence.

The subpoena was obtained by the U-T San Diego newspaper.

A Starwood attorney listed on the subpoena, Jeremy Schuster, declined Thursday to provide details.

"We don't comment on matters involving clients," he said.

In September, the DEA seized another Starwood plane — a 1977 Hawker 700 with an insured value of $1 million — after it landed in McAllen, Texas, from a flight from Mexico.

Insurers of both aircraft have since filed complaints in federal court in Nevada seeking to have the Starwood policies nullified, in part, because they say Esquino lied in the application process when he noted he had never been indicted on drug-related criminal charges. Both companies said they would not have issued the policies had he been truthful.

Another attorney for Starwood has not responded to phone and email messages seeking comment, and no one was at the address listed at its Las Vegas headquarters. The address is a post office box in a shipping and mailing store located between a tuxedo rental shop and a supermarket in a shopping center several miles west of the Las Vegas Strip.

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Associated Press writers Elliot Spagat in San Diego and Ken Ritter in Las Vegas contributed to this report.

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Life Expectancy Rises Around World, Study Finds

A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.

Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.

The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.

At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.

“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”

In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.

But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.

“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.

Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.

The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.

Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.

Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.

Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.

“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.

Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.

Donald G. McNeil Jr. contributed reporting.

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News Analysis: U.S., Walking Out in a Huff, Makes Its Point

Kamran Jebreili/Associated Press

The U.S. delegation, led by Terry Kramer, right, said the pact could encourage censorship and undermine the hands-off approach to Internet oversight.

At the global treaty conference on telecommunications here, the United States got most of what it wanted. But then it refused to sign the document and left in a huff.

What was that all about? And what does it say about the future of the Internet — which was virtually invented by the United States but now has many more users in the rest of the world?

It may mean little about how the Internet will operate in the coming years. But it might mean everything about the United States’ refusal to acknowledge even symbolic global oversight of the network.

The American delegation, joined by a handful of Western allies, derided the treaty as a threat to Internet freedom. But most other nations signed it. And other participants in the two weeks of talks here were left wondering on Friday whether the Americans had been negotiating in good faith or had planned all along to engage in a public debate only to make a dramatic exit, as they did near midnight on Thursday as the signing deadline approached.

The head of the American delegation, Terry Kramer, announced that it was “with a heavy heart” that he could not “sign the agreement in its current form.” United States delegates said the pact could encourage censorship and undermine the existing, hands-off approach to Internet oversight and replace it with government control.

Anyone reading the treaty, though, might be puzzled by these assertions. “Internet” does not appear anywhere in the 10-page text, which deals mostly with matters like the fees that telecommunications networks should charge one another for connecting calls across borders. After being excised from the pact at United States insistence, the I-word was consigned to a soft-pedaled resolution that is attached to the treaty.

The first paragraph of the treaty states: “These regulations do not address the content-related aspects of telecommunications.” That convoluted phrasing was understood by all parties to refer to the Internet, delegates said, but without referring to it by name so no one could call it an Internet treaty.

A preamble to the treaty commits the signers to adopt the regulations “in a manner that respects and upholds their human rights obligations.”

Both of these provisions were added during the final days of haggling in Dubai, with the support of the United States. If anything, the new treaty appears to make it more intellectually challenging for governments like China and Iran to justify their current censorship of the Internet.

What’s more, two other proposals that raised objections from the United States were removed. One of those stated that treaty signers should share control over the Internet address-assignment system — a function now handled by an international group based in the United States. The other, also removed at the Americans’ behest, called for Internet companies like Google and Facebook to pay telecommunications networks for delivering material to users.

Given that the United States achieved many of its stated goals in the negotiations, why did it reject the treaty in an 11th-hour intervention that had clearly been coordinated with allies like Britain and Canada?

In a Dubai conference call with reporters early on Friday, Mr. Kramer cited a few remaining objections, like references to countering spam and to ensuring “the security and robustness of international telecommunications networks.” This wording, he argued, could be used by nefarious governments to justify crackdowns on free speech.

But even Mr. Kramer acknowledged that his real concerns were less tangible, saying it was the “normative” tone of the debate that had mattered most. The United States and its allies, in other words, saw a chance to use the treaty conference to make a strong statement about the importance of Internet freedom. But by refusing to sign the treaty and boycotting the closing ceremony, they made clear that even to talk about the appearance of global rules for cyberspace was a nonstarter.

It may have been grandstanding, but some United States allies in Europe were happy to go along, saying the strong American stand would underline the importance of keeping the Internet open.

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Rice Drops Bid for Secretary of State, Citing Opposition

WASHINGTON — Susan E. Rice, the Obama administration’s ambassador to the United Nations, has withdrawn her name from consideration for secretary of state, in the face of relentless opposition from Republicans in Congress over her role in the aftermath of the deadly attack on the American Mission in Benghazi, Libya.

In a letter to President Obama, Ms. Rice said she concluded that “the confirmation process would be lengthy, disruptive and costly — to you and to our most pressing national and international priorities. The tradeoff is simply not worth it to our country.”

Mr. Obama, who spoke with Ms. Rice on Thursday, said he accepted her request with regret, describing her as “an extraordinarily capable, patriotic, and passionate public servant.”

He said she “will continue to serve as our ambassador at the United Nations and a key member of my cabinet and national security team.”

“While I deeply regret the unfair and misleading attacks on Susan Rice in recent weeks, her decision demonstrates the strength of her character, and an admirable commitment to rise above the politics of the moment to put our national interests first,” Mr. Obama’s statement said.

The president had steadfastly defended Ms. Rice from assertions that she misled the American public in televised appearances after the attack in Benghazi, which killed four Americans, including Ambassador J. Christopher Stevens. And until Thursday, Mr. Obama seemed ready to face down Ms. Rice’s critics on Capitol Hill.

The most vociferous of them was Senator John McCain of Arizona, but several other Republicans had joined in sharply questioning her suitability for the job.

One defender, Senator John Kerry, a Massachusetts Democrat who has often been mentioned as another candidate to become secretary of state, was among the first on Thursday to issue a statement reacting to Ms. Rice’s withdrawal.

“I’ve defended her publicly and wouldn’t hesitate to do so again because I know her character and I know her commitment,” Mr. Kerry said. “She’s an extraordinarily capable and dedicated public servant. Today’s announcement doesn’t change any of that. We should all be grateful that she will continue to serve and contribute at the highest level.

“As someone who has weathered my share of political attacks and understands on a personal level just how difficult politics can be, I’ve felt for her throughout these last difficult weeks, but I also know that she will continue to serve with great passion and distinction,” he added.

In a brief excerpt of an interview to be shown on the NBC News program “Rock Center” on Thursday evening, the network quoted Ms. Rice as saying that she “didn’t want to see a confirmation process that was very prolonged, very politicized, very distracting, and very disruptive.”

The debate over Ms. Rice had been a significant distraction during the Obama administration’s transition between its first and second terms, as many changes in top positions are expected, and difficult negotiations over resolving the nation’s fiscal crisis are dominating the domestic agenda.

In the interview with NBC’s Brian Williams, Ms. Rice said, “We’re talking about comprehensive immigration reform, balanced deficit reduction, job creation — that’s what matters. And to the extent that my nomination could have delayed or distracted or deflected, or maybe even some of these priorities impossible to achieve, I didn’t want that.”

It was unusual for so much attention to be focused on a potential nominee to a cabinet post before any selection had been announced, and for the administration to put on a full-court press on behalf of the contender.

And it was unorthodox, too, for her to be sent to Capitol Hill to defend herself in meetings with her critics, who only extended and even broadened their attack on her credentials.

Some officials said they feared that Mr. Obama was limiting his own maneuvering room by engaging the critics so vehemently.

“For them to go after the U.N. ambassador, who had nothing to do with Benghazi and was simply making a presentation based on intelligence that she had received and to besmirch her reputation, is outrageous,” the president said at a news conference shortly after the election.

“When they go after the U.N. ambassador, apparently because they think she’s an easy target, then they’ve got a problem with me,” he continued. “And should I choose — if I think that she would be the best person to serve America in the capacity — the State Department, then I will nominate her.”

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iPhone 5 hits China as Apple market share slips

SHANGHAI (Reuters) – The China release of its iPhone 5 on Friday should win Apple Inc some respite from a recent slide in its share of what is likely already the world’s biggest smartphone market, but its longer-term hopes may depend on new technology being tested by China‘s top telecoms carrier.

Cupertino, California-based Apple has been in talks about a tie-up with China Mobile for four years. A deal with China’s biggest carrier is seen as crucial to improve Apple’s distribution in a market of 290 million users – which is forecast to double this year.

China is Apple’s second-largest and fastest-growing market – it brings in around 15 percent of total revenue – but the company’s failure to strike a deal with China Mobile means it is missing out on a large number of phone users. As the China pie grows, Apple’s sales increase, but without China Mobile, it’s losing ground at a faster rate compared to other brands.

“In absolute terms, this (iPhone 5) launch will certainly result in strong sales for Apple in China. However, in relative terms, I don’t believe it will move the needle enough in market share,” said Shiv Putcha, a Mumbai-based analyst at Ovum, a global technology consultant.

China Mobile and Apple initially said they were separated only by a technical issue – as the Chinese carrier runs a different 3G network from most of the world – but that has evolved into a broader and more complex issue of revenue-sharing.

“China Mobile and Apple still have to solve many issues, such as the business model, articles of cooperation and revenue division, but I believe we will reach an agreement eventually,” China Mobile CEO Li Yue was reported by Chinese media as saying in Guangzhou last week.

Apple China declined to comment. China Mobile said it had no update to the Apple discussions.

STRONG PRE-ORDERS

Apple’s ranking in China’s smartphone market slipped to sixth in July-September, according to research firm IDC, [ID:nL4N09G1QK] but investors, primed to look to China product launches for an uptick in Apple’s quarterly sales, have good headline numbers to digest – more than 300,000 iPhones pre-ordered on one carrier alone. But it’s the lack of a deal with the No.1 carrier that prevents those numbers being stronger.

The iPhone is currently sold through Apple’s seven stores, resellers and through China Unicom and China Telecom – which together have fewer than half the mobile subscribers of bigger rival China Mobile.

“Apple’s market share declined because of the transition between the iPhone 4S and 5. Their market share will recover (with the iPhone 5), but if you don’t have China Mobile, the significant market share gains will be very difficult,” said Huang Leping, an analyst at Nomura in Hong Kong.

TD-LTE: STILL DISTANT

Cutting a deal with a Chinese state-owned carrier may be less optimal than the deals Apple is used to in other markets, and analysts note that China Mobile wouldn’t necessarily open the flood gates for Apple.

Ovum’s Putcha believes Apple and China Mobile will eventually strike a deal – though this would be for an iPhone running on China Mobile’s next-generation network rather than its current 3G network.

Of China Mobile’s 704 million subscribers, only 79 million are on its 3G network, and Apple has been reluctant to sign up to China Mobile’s under-utilized, homegrown TD-SCDMA technology. “Apple likely doesn’t see the return-on-investment in extending themselves for TD-SCDMA,” Putcha said.

China Mobile is currently trialling its next-generation network, TD-LTE, which could be of more interest to Apple, but full-scale commercial use – and an iPhone tie-up – could still be years away.

ANDROID THREAT

Meanwhile, rivals are circling, eating away at Apple’s smartphone market share. Samsung Electronics, Lenovo Group and little-known Chinese brand Coolpad held the top three slots in the third quarter, according to IDC.

All three have relationships with China Mobile and offer smartphone models at different price points. Apple competes exclusively at the high-end, and even there, rivals are rolling out models with China Mobile. Last week, Nokia said it planned to release its latest Lumia smartphone with China’s top carrier, which is also expected to launch Research in Motion’s new Blackberry 10, analysts predict.

“The threat will still come more from the Android camp where they have many vendors already working with China Mobile and offering high-end phones,” said TZ Wong, a Singapore-based IDC analyst.

While these smartphones don’t generate the buzz of a new iPhone, Chinese buyers are not known for their brand loyalty, and this could siphon away users considering an Apple upgrade.

“I’ve used a Blackberry, Android and iOS and, personally, I want to try the Windows 8,” said Andy Huang, a 37-year-old fund manager, who owns most iPad models, an iPhone 4 and a 4S. “I think the Windows 8 is very innovative.”

With a China Mobile deal looking some way off, Apple could always boost market share by offering cheaper models – the basic iPhone 5 will cost 5288 yuan ($ 850) without a contract – though this appears an unlikely route for a high-end brand.

“If they want to expand market share, probably the only way to do it here dramatically would be to put out a lower cost phone,” said Michael Clendenin, managing director at RedTech Advisors. “It’s really uncertain if they’d decide to go that route … Apple’s a mystery in that regard.”

($ 1 = 6.2518 Chinese yuan)

(Additional reporting by the Shanghai Newsroom and Jane Lee; Editing by Kazunori Takada and Ian Geoghegan)

Tech News Headlines – Yahoo! News

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Documents: Prisoner plotted to kill Justin Bieber

ALBUQUERQUE, N.M. (AP) — An imprisoned man whose infatuation with Justin Bieber included a tattoo of the pop star on his leg has told investigators in New Mexico he hatched a plot to kill the singer, according to documents recently filed in a New Mexico court.

An affidavit filed in Las Cruces said Dana Martin told investigators he persuaded a man he met in prison and the man's nephew to kill Bieber, along with Bieber's personal bodyguard and two others not connected to the pop star.

The plot contained several gruesome details. Investigators say the plotters wanted to castrate two of the victims with hedge clippers before traveling to New York City to find Bieber. The targets of the castration plot were not connected to Bieber, authorities say, and it doesn't appear that the pop singer was ever in immediate danger of falling victim to the plot.

Martin, a Vermont man who is serving two life sentences for the 2000 killing of a 15-year-old girl, said he was angry at Bieber because he didn't respond to any of his letters. "This perceived slight made Mr. Martin upset and that, coupled with Mr. Martin's perception of being a 'nobody' in prison, led him to begin plotting the kidnap and murder of Victim 3," court documents said.

The documents identified Victim 3 as "J.B.," which New Mexico State Police spokesman Lt. Robert McDonald later confirmed was Justin Bieber.

Martin told investigators that Mark Staake and Tanner D. Ruane headed from New Mexico to the East Coast, planning to be near a Bieber concert scheduled in New York City after killing and castrating two others. They missed a turn and crossed into Canada from Vermont. Staake was arrested on an outstanding warrant. Ruane was arrested later.

Court documents say Martin told investigators that Bieber was the "ultimate target."

New York State Police said Thursday that troopers recovered tools and documents associated with the conspiracy while executing a search warrant on Ruane's vehicle. Among the items found by troopers were a "hand-written drawing of a depiction of Justin Bieber."

Staake, 41, of Albuquerque, has been charged with two counts each of conspiracy to commit first-degree murder and conspiracy to commit aggravated battery with a deadly weapon in connection to the plan.

Ruane, 23, Staake's nephew, also is facing multiple charges related to the plot.

Clinton Norris, of the New Mexico State Police investigations bureau in Las Cruces, said in an affidavit that Martin instructed the suspects to strangle the two first intended targets with paisley neckties, the same kind used in his 2000 murder case. The documents do not give details on how they were to kill Bieber.

McDonald declined to say if any of the murder charges are linked to Bieber. "That is part of the ongoing investigation," he said.

Bieber's management issued a statement that said, "we take every precaution to protect and insure the safety of Justin and his fans."

It was not immediately known if the suspects had defense lawyers.

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Follow Russell Contreras on Twitter at http://twitter.com/russcontreras

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World’s Population Living Longer, New Report Suggests

A sharp decline in deaths from malnutrition and diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a new report, with far more of the world’s population now living into old age and dying from diseases more associated with rich countries, like cancer and heart disease.

The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are dramatic: infant mortality has declined by more than half between 1990 and 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.

At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.

But while developing countries made big strides – the average age of death in Brazil and Paraguay, for example, jumped to 63 in 2010, up from 28 in 1970 – the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries between 1990 and 2010. The two years of life they gained was less than in Cyprus, where women gained 2.3 years of life, and Canada, where women gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990.

“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women in this country formed later than men, are among the factors contributing to the stagnation, he said.

The World Health Organization issued a statement Thursday saying that some of the estimates in the report differ substantially from those done by United Nations agencies, though others are similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries – representing about 15 percent of the world’s population – produce quality cause-of-death data.

Health experts from more than 300 institutions contributed to the report, which measured disease and mortality for populations in more than 180 countries. It was published Thursday in the Lancet, a British health publication.

The one exception to the trend was sub-Saharan Africa, where infectious diseases, childhood illnesses and maternal causes of death still account for about 70 percent of all illness. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death there rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.

The change means that people are living longer, an outcome that public health experts praised. But it also raises troubling questions. Behavior affects people’s risks of developing noncommunicable diseases like cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.

“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization in Geneva. “It’s not something that medical services can address as easily.”

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S.&P. Streak Comes to an End on Fiscal Worries

The Standard & Poor’s 500-stock index ended its six-day winning streak Thursday, retreating as worries intensified that Washington’s fiscal negotiations were dragging on with little progress.

Anxiety about the talks between Democrats and Republicans was enough to offset encouraging data on retail sales and jobless claims.

Investors are concerned that tax increases and spending cuts, set to begin in 2013 if a deal is not reached in Washington, will hurt growth. The stock market had taken the heated talk in stride lately, but downbeat remarks from the House speaker, John A. Boehner of Ohio, prompted some selling Thursday.

Mr. Boehner accused President Obama of “slow walking” the economy toward the automatic tax increases and spending cuts that will occur on Jan. 1, 2013, if no deal is reached. He was scheduled to meet with Mr. Obama later on Thursday.

“There is no conviction here and Boehner’s comments — as harsh as they were — were realistic,” said Jason Weisberg, managing director at the Seaport Securities Corporation in New York.

“The fiscal cliff is already built in,” Mr. Weisberg said. “That being said, people don’t like to be told the apocalypse is coming over and over and over again. The real players in this market have already closed their books.”

After nearing a 1 percent decline for the day, the S.& P. 500 pared losses late in the session. The index had posted six consecutive sessions of gains through Wednesday, and at one point Wednesday, the S.& P. 500 touched its highest intraday level since Oct. 22.

While the Federal Reserve’s announcement on Wednesday of a new round of economic stimulus bolstered stocks, Chairman Ben Bernanke’s comments that monetary policy would not be sufficient to offset the impact of the fiscal crisis weighed on sentiment.

The Dow Jones industrial average tumbled 74.73 points, or 0.56 percent, to 13,170.72 at the close. The S.& P. 500-stock index fell 9.03 points, or 0.63 percent, to 1,419.45. The Nasdaq composite index slid 21.65 points, or 0.72 percent, to end at 2,992.16.

Apple’s stock, down 1.7 percent at $529.69, was among the biggest drags on the Nasdaq, while I.B.M., down 0.5 percent at $191.99, was among the biggest weights on the Dow. A federal jury in Delaware Thursday found that Apple’s iPhone infringed on three patents owned by MobileMedia Ideas.

Among the day’s biggest gainers, Best Buy shares shot up 15.9 percent to $14.12 after a report that the company’s founder, Richard M. Schulze, was expected to offer to buy the consumer electronics retailer this week.

The energy and information technology sectors were the S.& P.’s weakest performers, with the S.& P. energy index declining 0.9 percent. Shares of the American refining company Phillips 66 lost 1.6 percent to $52.21.

The day’s data sent some positive signals on the economy, with weekly claims for jobless benefits dropping to nearly the lowest level since February 2008, and retail sales rising in November after an October decline, improving the picture for consumer spending.

In Europe, European Union finance ministers reached agreement to make the European Central Bank the bloc’s top banking supervisor, which could increase confidence in the ability of European Union leaders to confront the euro zone’s sovereign debt crisis.

The Treasury’s 10 year note fell 9/32 to 99 1/32, with the yield rising to 1.73 from 1.70 on Wednesday.

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