Bobby Brown sentenced to 55 days in jail for DUI


LOS ANGELES (AP) — Bobby Brown has been sentenced to 55 days in a Los Angeles jail and four years of probation for a drunken driving case.


City attorney's spokesman Frank Mateljan (mah-tell-JIN') says Brown was sentenced Tuesday after pleading no contest to charges he was under the influence and driving on a suspended license when he was arrested in October.


Brown was on probation for another DUI case at the time.


The 44-year-old "New Edition" singer was ordered to report to jail March 20. He also was placed on four years of informal probation and will be required to complete an 18-month alcohol treatment program.


Brown's attorney Tiffany Feder had no immediate comment on the sentence.


The sentence was first reported by celebrity website TMZ.


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Advanced Breast Cancer May Be Rising Among Young Women, Study Finds


The incidence of advanced breast cancer among younger women, ages 25 to 39, may have increased slightly over the last three decades, according to a study released Tuesday.


But more research is needed to verify the finding, which was based on an analysis of statistics, the study’s authors said. They do not know what may have caused the apparent increase.


Some outside experts questioned whether the increase was real, and expressed concerns that the report would frighten women needlessly.


The study, published in The Journal of the American Medical Association, found that advanced cases climbed to 2.9 per 100,000 younger women in 2009, from 1.53 per 100,000 women in 1976 — an increase of 1.37 cases per 100,000 women in 34 years. The totals were about 250 such cases per year in the mid-1970s, and more than 800 per year in 2009.


Though small, the increase was statistically significant, and the researchers said it was worrisome because it involved cancer that had already spread to organs like the liver or lungs by the time it was diagnosed, which greatly diminishes the odds of survival.


For now, the only advice the researchers can offer to young women is to see a doctor quickly if they notice lumps, pain or other changes in the breast, and not to assume that they cannot have breast cancer because they are young and healthy, or have no family history of the disease.


“Breast cancer can and does occur in younger women,” said Dr. Rebecca H. Johnson, the first author of the study and medical director of the adolescent and young adult oncology program at Seattle Children’s Hospital.


But Dr. Johnson noted that there is no evidence that screening helps younger women who have an average risk for the disease and no symptoms. We’re certainly not advocating that young women get mammography at an earlier age than is generally specified,” she said.


Expert groups differ about when screening should begin; some say at age 40, others 50.


Breast cancer is not common in younger women; only 1.8 percent of all cases are diagnosed in women from 20 to 34, and 10 percent in women from 35 to 44. However, when it does occur, the disease tends to be more deadly in younger women than in older ones. Researchers are not sure why.


The researchers analyzed data from SEER, a program run by the National Cancer Institute to collect cancer statistics on 28 percent of the population of the United States. The study also used data from the past when SEER was smaller.


The study is based on information from 936,497 women who had breast cancer from 1976 to 2009. Of those, 53,502 were 25 to 39 years old, including 3,438 who had advanced breast cancer, also called metastatic or distant disease.


Younger women were the only ones in whom metastatic disease seemed to have increased, the researchers found.


Dr. Archie Bleyer, a clinical research professor in radiation medicine at the Knight Cancer Institute at the Oregon Health and Science University in Portland who helped write the study, said scientists needed to verify the increase in advanced breast cancer in young women in the United States and find out whether it is occurring in other developed Western countries. “This is the first report of this kind,” he said, adding that researchers had already asked colleagues in Canada to analyze data there.


“We need this to be sure ourselves about this potentially concerning, almost alarming trend,” Dr. Bleyer said. “Then and only then are we really worried about what is the cause, because we’ve got to be sure it’s real.”


Dr. Johnson said her own experience led her to look into the statistics on the disease in young women. She had breast cancer when she was 27; she is now 44. Over the years, friends and colleagues often referred young women with the disease to her for advice.


“It just struck me how many of those people there were,” she said.


Dr. Donald A. Berry, an expert on breast cancer data and a professor of biostatistics at the University of Texas’ M. D. Anderson Cancer Center in Houston, said he was dubious about the finding, even though it was statistically significant, because the size of the apparent increase was so small — 1.37 cases per 100,000 women, over the course of 30 years.


More screening and more precise tests to identify the stage of cancer at the time of diagnosis might account for the increase, he said.


“Not many women aged 25 to 39 get screened, but some do, but it only takes a few to account for a notable increase from one in 100,000,” Dr. Berry said.


Dr. Silvia C. Formenti, a breast cancer expert and the chairwoman of radiation oncology at New York University Langone Medical Center, questioned the study in part because although it found an increased incidence of advanced disease, it did not find the accompanying increase in deaths that would be expected.


A spokeswoman for an advocacy group for young women with breast cancer, Young Survival Coalition, said the organization also wondered whether improved diagnostic and staging tests might explain all or part of the increase.


“We’re looking at this data with caution,” said the spokeswoman, Michelle Esser. “We don’t want to invite panic or alarm.”


She said it was important to note that the findings applied only to women who had metastatic disease at the time of diagnosis, and did not imply that women who already had early-stage cancer faced an increased risk of advanced disease.


Dr. J. Leonard Lichtenfeld
, deputy chief medical officer of the American Cancer Society, said he and an epidemiologist for the society thought the increase was real.


“We want to make sure this is not oversold or that people suddenly get very frightened that we have a huge problem,” Dr. Lichtenfeld said. “We don’t. But we are concerned that over time, we might have a more serious problem than we have today.”


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DealBook: Wall Street Pay Rises, for Those Who Still Have a Job

7:39 p.m. | Updated

Wall Street may be shrinking — cutting thousands of jobs over the last year — but for those who remain, the pay is still very lucrative.

The average cash bonus for those employed in the financial industry in New York last year rose roughly 9 percent, to $121,900, Thomas P. DiNapoli, New York State’s comptroller, said on Tuesday.

Cash bonuses in total are forecast to increase by roughly 8 percent, to $20 billion this year.

The total, however, is down from 2010, when it was $22.8 billion. Wall Street’s peak came in 2006, before the financial crisis, with a total $34.3 billion in bonuses. The year-end bonus can account for the bulk of a finance professional’s annual compensation.

The report from the state comptroller’s office gives estimates on the bonuses, based on tax withholding data, data from banks and conversations with industry experts. It came the same day that JPMorgan Chase, one of the country’s biggest banks, announced it was eliminating 17,000 jobs over the next two years through layoffs and attrition, adding its name to a string of large banks that continue to cut jobs to reduce expenses.

Wall Street has regained 30 percent of the 28,300 jobs lost during the financial crisis, Mr. DiNapoli said. And firms are continuing to streamline as they cope with a sluggish economic recovery, difficult markets and a heavier regulatory burden. While financial industry employment in New York City was steady in the first half of 2012, it was down slightly in the second half of the year, the comptroller’s office said.

“Wall Street is still in transition, but it is very slowly adjusting to changes in its economic and regulatory environment,” he said.

In an effort to hold down — albeit temporarily — compensation costs, a number of financial firms have deferred cash payments to employees in recent years. Mr. DiNapoli said on Tuesday that part of the increase in 2012 was cash promised in recent years but actually paid out last year. He said that it was difficult to break out what percentage of the total was deferrals, but he believed that it was still a small part of the total.

The ebbs and flows of Wall Street pay have a major impact on the economy of New York City, where 169,700 are employed in finance. Local businesses like restaurants, luxury goods retailers and the upper end of the real estate market pin their fortunes to the flood of cash from year-end bonuses.

Before the start of the financial crisis, business and personal income tax collections from finance-related activities accounted for up to 20 percent of New York State tax revenue. In 2012, that contribution fell to 14 percent.

Yet finance remains the best paying sector in New York City, Mr. DiNapoli told reporters during a conference call.

All told, the average pay package for securities industry employees in New York was $362,900 in 2011, the last year for which data is available, almost unchanged from 2010.

“Profits and bonuses rebounded in 2012, but the industry is still restructuring,” Mr. DiNapoli said. Despite its smaller size, the securities industry is still a very important part of the New York City and New York State economies.”

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The Caucus: Michelle Obama Makes a Star Turn at the Oscars (via Satellite)

6:21 p.m. | Updated
She may not have walked the red carpet, but Michelle Obama — all bangs and biceps and bling — had her own star turn during Sunday night’s Academy Awards ceremony, when she announced the winner for best picture via satellite from the White House.

Barely moments after Mrs. Obama’s late night revelation  of the fate of the nominated best films, the question of whether it was proper or dignified or awesome for the first lady of the United States to dirty her hands with a motion picture envelope disintegrated into a predictably-partisan rhubarb.

But this seemed to matter little to the White House, where both President Obama and the first lady seem untethered from the safety net of a political campaign, and free to pursue their respective agendas.

“The Academy Awards approached the first lady about being a part of the ceremony,” said Kristina Schake, a spokeswoman for Mrs. Obama. “As a movie lover, she was honored to present the award and celebrate the artists who inspire us all, especially our young people, with their passion, skill and imagination.”

The idea to have Mrs. Obama participate in the ceremony was hatched by the producers of the show, with a big hand from the film executive Harvey Weinstein. Mrs. Obama agreed right away, but secret negotiations, including a final one involving a stealth flight from Los Angeles to Washington a few weeks ago to finalize details, ensued.

“Literally from the first day we were hired we thought, ‘How can we make this special?’” said Neil Meron, who was hired last fall to produce the Oscar event with Craig Zadan. “We were hoping Obama would win so we could have our plan executed.”

After the election, they decided the plan would need a fast track, lest it get stuck in the bureaucratic maw maw of the East Wing, so the two approached Mr. Weinstein. “We were very aware that Harvey was close to the Obama family,” Mr. Zadan said, “and if we went through normal channels the odds were small it would happen.”

Mr. Weinstein reached out to the White House, originally with the idea of having Mrs. Obama be a guest at the awards show. The plan was for her to sneak backstage to morph into a secret Oscar presenter. But because the first lady had a conflict that night – the governors would be in town for a White House gala – the idea of a remote play was born.

(Others involved with the process insist that the idea was actually that of Mr. Weinstein’s daughter, Lily, but like most Hollywood stories, one picks their own ending.)

Only two top executives at ABC knew of the plan, along with the actor Jack Nicholson, who was charged with presenting Mrs. Obama from the stage in Hollywood. Mr. Meron and Mr. Zadan were given a private jet for the flight to Washington, although they told people they were going to New York to avoid suspicion.

Mrs. Obama, wearing a shimmering gown designed by Naeem Khan, was hand-delivered the shiny classified envelope opening containing the winner, “Argo,” the Ben Affleck-directed film about a C.I.A. plan to rescue Americans from Iran during the hostage crisis, by Bob Moritz, the chief executive for PricewaterhouseCoopers from New York, which certifies the awards. White-gloved White House military social aides stood in the background.

But Washington was as absorbed  about the propriety of a first lady having such a central role in the  Oscars, suggesting it was less proper than, say, a president throwing out a baseball pitch or flipping pancakes in Iowa in the courting of voters. “Now the first lady feels entitled,” said Jennifer Rubin, a conservative blogger for the Washington Post, “with military personnel as props, to intrude on other forms of entertaining, this time for the benefit of the Hollywood glitterati who so lavishly paid for her husband’s election.”

Others were more charitable. The Web site Slate pointed out that Laura Bush taped a “What Do the Movies Mean to You?” segment for the Academy Awards while she was first lady in 2002 and that President Franklin D. Roosevelt opened the 13th Academy Awards ceremony by  addressing the nation and the crowd at the Biltmore Hotel.

The first lady’s Oscar turn followed her appearance last week on NBC’s “Late Night with Jimmy Fallon,” where, to kick off the third year of her “Let’s Move” exercise campaign, she presented a comedy sketch, the “Evolution of Mom Dancing.”

The sketch was an instant hit. Though only posted last Friday, it had racked up almost five million views on YouTube as of Monday.

Bill Carter contributed reporting.

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'Identity Thief' tops box office with $14 million


NEW YORK (AP) — A week after losing the box office title to Bruce Willis, Melissa McCarthy took it back again.


McCarthy's road trip comedy "Identity Thief" topped the box office in its third week of release on Oscar weekend with $14 million for Universal. 20th Century Fox's "A Good Day to Die Hard," starring Willis, slid to fifth with $10.1 million.


The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:


1. "Identity Thief," Universal, $14,017,085, 3,222 locations, $4,350 average, $93,619,615, three weeks.


2. "Snitch," Lionsgate, $13,167,607, 2,511 locations, $5,244 average, $13,167,607, one week.


3. "Escape From Planet Earth," Weinstein Co., $10,682,037, 3,353 locations, $3,186 average, $34,812,699, two weeks.


4. "Safe Haven," Relativity Media, $10,454,713, 3,223 locations, $3,244 average, $47,916,356, two weeks.


5. "A Good Day to Die Hard," Fox, $10,165,633, 3,555 locations, $2,860 average, $51,967,897, two weeks.


6. "Dark Skies," Weinstein Co., $8,189,166, 2,313 locations, $3,540 average, $8,189,166, one week.


7. "Silver Linings Playbook," Weinstein Co., $5,750,866, 2,012 locations, $2,858 average, $107,176,012, 15 weeks.


8. "Warm Bodies," Lionsgate, $4,825,388, 2,644 locations, $1,825 average, $58,243,441, four weeks.


9. "Beautiful Creatures," Warner Bros., $3,608,333, 2,950 locations, $1,223 average, $16,570,598, two weeks.


10. "Side Effects," Open Road Films, $3,357,039, 2,070 locations, $1,622 average, $25,099,555, three weeks.


11. "Zero Dark Thirty," Sony, $2,230,084, 1,197 locations, $1,863 average, $91,539,075, 10 weeks.


12. "Argo," Warner Bros., $1,827,165, 802 locations, $2,278 average, $129,653,502, 20 weeks.


13. "Hansel and Gretel: Witch Hunters," Paramount, $1,684,532, 1,425 locations, $1,182 average, $52,945,086, five weeks.


14. "Life of Pi," Fox, $1,605,366, 572 locations, $2,807 average, $113,525,126, 14 weeks.


15. "Lincoln," Disney, $1,481,081, 875 locations, $1,693 average, $178,603,571, 16 weeks.


16. "Mama," Universal, $1,173,900, 1,163 locations, $1,009 average, $70,230,570, six weeks.


17. "Quartet," Weinstein Co., $1,125,886, 356 locations, $3,163 average, $8,844,950, seven weeks.


18. "Django Unchained," Weinstein Co., $971,655, 659 locations, $1,474 average, $158,783,430, nine weeks.


19. "Amour," Sony Pictures Classics, $716,186, 328 locations, $2,183 average, $5,147,242, 10 weeks.


20. "Wreck-It Ralph," Disney, $645,870, 402 locations, $1,607 average, $186,676,411, 17 weeks.


___


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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Online:


http://www.hollywood.com


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Global Health: After Measles Success, Rwanda to Get Rubella Vaccine


Rwanda has been so successful at fighting measles that next month it will be the first country to get donor support to move to the next stage — fighting rubella too.


On March 11, it will hold a nationwide three-day vaccination campaign with a combined measles-rubella vaccine, hoping to reach nearly five million children up to age 14. It will then integrate the dual vaccine into its national health service.


Rwanda can do so “because they’ve done such a good job on measles,” said Christine McNab, a spokeswoman for the Measles and Rubella Initiative, which will provide the vaccine and help pay for the campaign.


Rubella, also called German measles, causes a rash that is very similar to the measles rash, making it hard for health workers to tell the difference.


Rubella is generally mild, even in children, but in pregnant women, it can kill the fetus or cause serious birth defects, including blindness, deafness, mental retardation and chronic heart damage.


Ms. McNab said that Rwanda had proved that it can suppress measles and identify rubella, and it would benefit from the newer, more expensive vaccine.


The dual vaccine costs twice as much — 52 cents a dose at Unicef prices, compared with 24 cents for measles alone. (The MMR vaccine that American children get, which also contains a vaccine against mumps, costs Unicef $1.)


More than 90 percent of Rwandan children now are vaccinated twice against measles, and cases have been near zero since 2007.


The tiny country, which was convulsed by Hutu-Tutsi genocide in 1994, is now leading the way in Africa in delivering medical care to its citizens, Ms. McNab said. Three years ago, it was the first African country to introduce shots against human papilloma virus, or HPV, which causes cervical cancer.


In wealthy countries, measles kills a small number of children — usually those whose parents decline vaccination. But in poor countries, measles is a major killer of malnourished infants. Around the world, the initiative estimates, about 158,000 children die of it each year, or about 430 a day.


Every year, an estimated 112,000 children, mostly in Africa, South Asia and the Pacific islands, are born with handicaps caused by their mothers’ rubella infection.


Thanks in part to the initiative — which until last year was known just as the Measles Initiative — measles deaths among children have declined 71 percent since 2000. The initiative is a partnership of many health agencies, vaccine companies, donors and others, but is led by the American Red Cross, the United Nations Foundation, the Centers for Disease Control and Prevention, Unicef and the World Health Organization.


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Lowe’s Fourth-Quarter Earnings Beat Expectations






Richard Drew/Associated Press

Robert Niblock, chief executive of Lowe’s, said consumer spending was increasing.








The results are a sign that people are beginning to feel better about spending money on their homes as the housing market slowly recovers.


Lowe’s chief executive, Robert A. Niblock, said the company was seeing a pickup in spending even in areas of the country hit hardest by the housing slump, like Florida, Arizona and California.


“Rising home values have given homeowners additional confidence in spending on their homes,” Mr. Niblock said in an interview.


Lowe’s net income fell 11 percent from the previous year’s quarter, which included an extra week of revenue. Its earnings forecast for the year was below expectations but its revenue projection beat the consensus.


Lowe’s has revamped its pricing structure, offering what it says are permanent low prices on many items across the store instead of fleeting discounts. It has also focused on hiring more workers and improving its inventory.


In a call with analysts, Lowe’s chief customer officer, Gregory M. Bridgeford, said the pricing strategy helped spur strong sales of cabinets and countertops, tools and outdoor power equipment.


Lowe’s reported net income totaled $288 million, or 26 cents per share, for the three months ended Feb. 1. That was down from $322 million, or 26 cents a share, a year earlier. Analysts expected 23 cents a share in the latest quarter, according to FactSet.


There were 11 percent fewer shares outstanding in the latest quarter than a year ago. An extra week in the quarter last year had increased year-earlier earnings by 5 cents a share.


Revenue fell 5 percent to $11.05 billion from $11.63 billion a year earlier. Analysts had expected sales of $10.85 billion. Revenue in stores open at least one year rose 1.9 percent. The measure is an important gauge of a retailer’s fiscal health because it excludes stores that open or close during the year.


Lowe’s, which operates 1,754 stores in the United States, Canada and Mexico, expects fiscal 2013 net income of $2.05 a share. Analysts expect $2.10 a share.


The company expects revenue to rise 4 percent, implying revenue of $52.54 billion. Analysts expect $51.69 billion.


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Stars hit red carpet as Oscar time approaches


LOS ANGELES (AP) — Hollywood's glitziest night is under way as Academy Awards nominees in their finest gowns and tuxes hit the red carpet for Sunday's show, with nominees Jessica Chastain, Jennifer Lawrence and Amy Adams and Charlize Theron among the more statuesque arrivals.


Chastain, a best-actress contender for "Zero Dark Thirty," blew a kiss to cheering fans while wearing a glistening copper-tone strapless gown, who chanted "Jessica!" while hunky best-actor nominee Bradley Cooper of "Silver Linings Playbook" drew some of the loudest screams from fans. Amanda Seyfried revealed she was wearing a corset: "I feel super tucked in," she said.


Composer Mychael Danna, a dual nominee for the score and theme song to "Life of Pi," joked with red-carpet host Chris Connelly that he was keeping his acceptance speeches in separate pockets of his tuxedo.


Keeping them straight, Danna said, "is one of the reasons I won't be having any cocktails before I go in."


Nine-year-old best-actress nominee Quvenzhane Wallis of "Beasts of the Southern Wild" sang a few bars of "Tomorrow" from "Annie," the upcoming movie musical whose title role she snagged in an announcement from Sony Pictures earlier Sunday. She wore a navy-blue dress with black, navy and silver jewels scattered on the skirt and a big bow on the back.


Chef Wolfgang Puck showed off some of the eats he'll be serving at the Governors Ball after the show, including baked potatoes with caviar, smoked salmon oscars, chicken pot pie with truffle and kobe steak.


"It's going to be the greatest party ever," Puck said.


A giant black-and-white photo of Oscar host Seth MacFarlane towered over the carpet, and some of his family also were among early arrivals, including his sister and father, who wore a green plaid kilt.


"It's not going to be too over the top," said MacFarlane's sister Rachel of her sibling's gig.


Fans have pondered how far MacFarlane the impudent creator of "Family Guy," might push the normally prim and proper Oscars.


MacFarlane may be a wild card, but as for the show itself, predictability could be the Academy Awards' middle name. This time looks the same, with clear favorites in the main categories.


So Oscar organizers hope they've assembled a show that will be good time on its own performance merits, with wily, bawdy writer, director, animator, singer and all-around vocal talent MacFarlane as host and a ceremony packed with song and dance.


The awards themselves do hold some potential firsts and other rarities.


Ben Affleck's "Argo" looks like it will be an uncommon film to claim best picture without a directing nomination, while "Lincoln" filmmaker Steven Spielberg and star Daniel Day-Lewis are favored to join exclusive lists of three-time Oscar winners.


If some longshots came in, the night could produce two more three-time acting winners — Sally Field from "Lincoln" and Robert De Niro for "Silver Linings Playbook."


There's also a chance of the oldest or youngest acting winner ever — 86-year-old "Amour" star Emmanuelle Riva and 9-year-old Wallis for "Beasts."


The ABC broadcast itself could set some fresh highs or lows. Oscar overseers keep talking about pacing and trimming fat from a ceremony that's dragged on interminably, approaching four and a half hours one year. Can they keep it tight and lively enough that viewers don't think about gouging out their eyes around the three-hour mark?


And what about host MacFarlane? He's a classy, low-key guy in person, with an old-fashioned Sinatra-style singing voice that he'll no doubt put to use in a show that's shaping up as a music-heavy, Broadway-style celebration of cinema.


Yet MacFarlane's career is built on pushing the envelope — or crumpling it and tossing it in the trash — as he's tested the boundaries of good taste with such brazen shows as his animated series "Family Guy" and last summer's F-bomb-laden blockbuster "Ted," which earned him a songwriting Oscar nomination.


The result could be a fun night for younger, hipper TV audiences that Oscar organizers are courting but a crude awakening for traditionalists who like their Academy Awards to lean more toward the sacred than the profane. Or it could be that MacFarlane makes the most of the thankless task of shepherding the Oscars, striking a nice balance between respecting Hollywood and poking it in the eye.


"I think a little bit of that injected into the mix will go a long way, but I do also have to be mindful, in this instance, of not losing the audience that's there every year," MacFarlane said amid a hectic rehearsal schedule. "It's a different audience from my own, but I do have to be respectful that they will be watching."


So maybe it's an Oscar show that's shaken, but not stirred up too much. That might suit one of the evening's special honorees, British super-spy James Bond, whose adventures will be the subject of a tribute to mark the 50th anniversary of his first big-screen outing in "Dr. No." Adele will perform her Oscar-nominated title tune to last year's Bond tale "Skyfall," while the show features Shirley Bassey, who sang the Bond theme songs for "Goldfinger," ''Diamonds Are Forever" and "Moonraker."


The show presents a salute to movie musicals of the last decade, with "Chicago" Oscar winner Catherine Zeta-Jones and "Dreamgirls" winner Jennifer Hudson joining "Les Miserables" cast members that include best-actor nominee Hugh Jackman, supporting-actress front-runner Anne Hathaway, Russell Crowe, Helena Bonham Carter and Amanda Seyfried.


Oscar producers Craig Zadan and Neil Meron have lined up a bubbly mix of young and old Hollywood as presenters, performers and special guests — from Barbra Streisand, Michael Douglas and Jane Fonda to "Harry Potter" star Daniel Radcliffe, "Twilight" star Kristen Stewart, and Robert Downey Jr. and his superhero colleagues from "The Avengers."


Along with front-runners Day-Lewis as best actor for "Lincoln" and Hathaway as supporting actress for "Les Miserables," the other favorites are "Hunger Games" star Lawrence as best actress for "Silver Linings Playbook" and Tommy Lee Jones as supporting actor for "Lincoln."


Affleck's thriller "Argo" is in line for best picture after winning practically every top prize at earlier honors. Hollywood was shocked that Affleck was snubbed for a directing nomination, possibly earning the film some sympathy votes, particularly from actors, who love it when one of their own succeeds behind the camera.


The story of how Hollywood, Canada and the CIA teamed up to rescue six Americans during the Iranian hostage crisis, "Argo" would become just the fourth film in 85 years to claim the top prize without a best-directing nomination and the first since 1989's "Driving Miss Daisy."


The best-picture prize typically ends the Oscar show, but this time, MacFarlane and Kristin Chenoweth will perform a closing number on the Dolby Theatre stage that producers Zadan and Meron called a "'can't miss' moment."


Keeping the wraps on whatever surprises they have in store has been a chore for them and MacFarlane.


"It's been difficult. The press, as you know, is very nosy and sneaky. They're always sniffing around trying to get any advance notice," MacFarlane said. "It's like (expletive) Christmas. Wait till Christmas morning. Don't spoil the surprise."


___


AP writers Sandy Cohen, Beth Harris and Anthony McCartney contributed to this report.


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The Texas Tribune: Advocates Seek Mental Health Changes, Including Power to Detain


Matt Rainwaters for Texas Monthly


The Sherman grave of Andre Thomas’s victims.







SHERMAN — A worried call from his daughter’s boyfriend sent Paul Boren rushing to her apartment on the morning of March 27, 2004. He drove the eight blocks to her apartment, peering into his neighbors’ yards, searching for Andre Thomas, Laura Boren’s estranged husband.






The Texas Tribune

Expanded coverage of Texas is produced by The Texas Tribune, a nonprofit news organization. To join the conversation about this article, go to texastribune.org.




For more articles on mental health and criminal justice in Texas, as well as a timeline of the Andre Thomas case: texastribune.org






Matt Rainwaters for Texas Monthly

Laura Boren






He drove past the brightly colored slides, swings and bouncy plastic animals in Fairview Park across the street from the apartment where Ms. Boren, 20, and her two children lived. He pulled into a parking spot below and immediately saw that her door was broken. As his heart raced, Mr. Boren, a white-haired giant of a man, bounded up the stairwell, calling out for his daughter.


He found her on the white carpet, smeared with blood, a gaping hole in her chest. Beside her left leg, a one-dollar bill was folded lengthwise, the radiating eye of the pyramid facing up. Mr. Boren knew she was gone.


In a panic, he rushed past the stuffed animals, dolls and plastic toys strewn along the hallway to the bedroom shared by his two grandchildren. The body of 13-month-old Leyha Hughes lay on the floor next to a blood-spattered doll nearly as big as she was.


Andre Boren, 4, lay on his back in his white children’s bed just above Leyha. He looked as if he could have been sleeping — a moment away from revealing the toothy grin that typically spread from one of his round cheeks to the other — except for the massive chest wound that matched the ones his father, Andre Thomas (the boy was also known as Andre Jr.), had inflicted on his mother and his half-sister as he tried to remove their hearts.


“You just can’t believe that it’s real,” said Sherry Boren, Laura Boren’s mother. “You’re hoping that it’s not, that it’s a dream or something, that you’re going to wake up at any minute.”


Mr. Thomas, who confessed to the murders of his wife, their son and her daughter by another man, was convicted in 2005 and sentenced to death at age 21. While awaiting trial in 2004, he gouged out one of his eyes, and in 2008 on death row, he removed the other and ate it.


At least twice in the three weeks before the crime, Mr. Thomas had sought mental health treatment, babbling illogically and threatening to commit suicide. On two occasions, staff members at the medical facilities were so worried that his psychosis made him a threat to himself or others that they sought emergency detention warrants for him.


Despite talk of suicide and bizarre biblical delusions, he was not detained for treatment. Mr. Thomas later told the police that he was convinced that Ms. Boren was the wicked Jezebel from the Bible, that his own son was the Antichrist and that Leyha was involved in an evil conspiracy with them.


He was on a mission from God, he said, to free their hearts of demons.


Hospitals do not have legal authority to detain people who voluntarily enter their facilities in search of mental health care but then decide to leave. It is one of many holes in the state’s nearly 30-year-old mental health code that advocates, police officers and judges say lawmakers need to fix. In a report last year, Texas Appleseed, a nonprofit advocacy organization, called on lawmakers to replace the existing code with one that reflects contemporary mental health needs.


“It was last fully revised in 1985, and clearly the mental health system has changed drastically since then,” said Susan Stone, a lawyer and psychiatrist who led the two-year Texas Appleseed project to study and recommend reforms to the code. Lawmakers have said that although the code may need to be revamped, it will not happen in this year’s legislative session. Such an undertaking requires legislative studies that have not been conducted. But advocates are urging legislators to make a few critical changes that they say could prevent tragedies, including giving hospitals the right to detain someone who is having a mental health crisis.


From the time Mr. Thomas was 10, he had told friends he heard demons in his head instructing him to do bad things. The cacophony drove him to attempt suicide repeatedly as an adolescent, according to court records. He drank and abused drugs to try to quiet the noise.


bgrissom@texastribune.org



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Barnes & Noble Weighs Its Nook Losses


Elise Amendola/Associated Press


Barnes & Noble has committed heavily to making and selling its own e-readers, and despite an upswing in tablet sales over the Christmas season, the Nook was not a beneficiary.







Even for a company with a lot of bad news lately, the bulletin from Barnes & Noble this month had an ominous feel.




Barnes & Noble, the nation’s largest book chain, warned that when it reports fiscal 2013 third-quarter results on Thursday, losses in its Nook Media division — which includes sales of e-books and devices — will be greater than the year before and that the unit’s revenue for all of fiscal 2013 would be far below projections it gave of $3 billion.


The problem was not so much the extent of the losses, but what the losses might signal: that the digital approach that Barnes & Nobles has been heavily investing in as its future for the last several years has essentially run its course.


A person familiar with Barnes & Nobles’s strategy acknowledged that this quarter, which includes holiday sales, has caused executives to realize the company must move away from its program to engineer and build its own devices and focus more on licensing its content to other device makers.


“They are not completely getting out of the hardware business, but they are going to lean a lot more on the comprehensive digital catalog of content,” said this person, who asked not to be identified discussing corporate strategy.


On Thursday, the person said, the company will emphasize its commitment to intensify partnerships with other tablet producers like Microsoft and Samsung to make deals for content that it controls.


If Barnes & Noble does indeed pull back from building tablets, it would be a 180-degree shift for a company that as late as last year was promoting the Nook as its future. “Had we not launched devices and spent the money we invested in the Nook, investors and analysts would have said, ’Barnes & Noble is crazy, and they’re going to go away,’ ” William Lynch, the company’s chief executive, said in an interview last January.


Since 2009, when Barnes & Noble first decided to invest in building the device, its financial commitment to the division has been substantial. (The company does not disclose exact figures.) At the beginning of 2012, that bet seemed to be paying off and the digital future seemed hopeful.


In May, Microsoft decided to give a cash infusion to the product by pledging more than $600 million to Nook Media. In December, the British textbook publisher Pearson bought a 5 percent stake in the unit for nearly $90 million.


Going into the 2012 Christmas season, the Nook HD, Barnes & Noble’s entrant into the 7-inch and 9-inch tablet market, was winning rave reviews from technology critics who praised its high-quality screen. Editors at CNET called it “a fantastic tablet value” and David Pogue in The New York Times told readers choosing between the Nook HD and Kindle Fire that the Nook “is the one to get.”


But while tablet sales exploded over the Christmas season, Barnes & Noble was not a beneficiary. Buyers preferred Apple devices by a long mile but then went on to buy Samsung, Amazon and Google products before those of Barnes & Noble, according to market analysis by Forrester Research.


“In many ways it is a great product,” Sarah Rotman Epps, a senior analyst at Forrester, said of the Nook tablet. “It was a failure of brand, not product.


“The Barnes & Noble brand is just very small,” she added. “It has done a great job at engaging its existing customers but failed to expand their footprint beyond that.”


Others pointed out that even if the Nook itself was a nice device, its offerings were not as rich as that of its rivals. Shaw Wu, a senior analyst at Sterne Agee, a midsize investment bank in San Francisco, said, “It is a very tough space. It is highly competitive, and extras like the depth of apps are very important. But it requires funding and a lot of attention, and Barnes & Noble is competing against companies like Apple and Google, which literally have unlimited resources.”


Horace Dediu, an independent analyst based in Finland who focuses on the mobile industry, said that the difference in quality among the products was so small as to be increasingly irrelevant.


“We’ve moved beyond a game of specs,” he said. “Now it is about your business model, about distribution and economics of scale.”


He said that while the cellphone business used to have numerous competitors, it now has only two companies that are really profitable: Apple and Samsung. He said he expected a similar consolidation in the tablet market, with companies like Barnes & Noble “maybe falling off the map.”


There is no immediate danger to the book retailer, which has some 677 stores nationwide. The company has said it plans to close about 15 unprofitable stores a year and replace them at a much slower rate. It also still holds roughly one quarter of the digital sales of books and more of magazines.


Still, the threat is large enough that Barnes & Noble executives are working hard to determine a strategy that focuses on core strengths like content distribution. Its content is its “crown jewel,” said the person familiar with the company’s strategy, “and where the profitable income stream lies.”


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