Man who accused Elmo puppeteer of teen sex recants

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NEW YORK (AP) — A man who accused Elmo puppeteer Kevin Clash of having sex with him when he was a teenage boy has recanted his story.


In a quick turnabout, the man on Tuesday described his sexual relationship with Clash as adult and consensual.


Clash responded with a statement of his own, saying he is "relieved that this painful allegation has been put to rest." He had no further comment.


The man, who has not identified himself, released his statement through the Harrisburg, Pa., law firm Andreozzi & Associates.


Sesame Workshop, which produces "Sesame Street" in New York, soon followed by saying, "We are happy that Kevin can move on from this unfortunate episode."

The whirlwind episode began Monday morning, when Sesame Workshop startled the world by announcing that Clash had taken a leave of absence from "Sesame Street" in the wake of allegations that he had had a relationship with a 16-year-old.


Clash, a 52-year-old divorced father of a grown daughter, swiftly denied the charges of his accuser, who is in his early 20s. In that statement Clash acknowledged that he is gay but said the relationship had been between two consenting adults.


Though it remained unclear where the relationship took place, sex with a person under 17 is a felony in New York if the perpetrator is at least 21.


Sesame Workshop, which said it was first contacted by the accuser in June, had launched an investigation that included meeting with the accuser twice and meeting with Clash. Its investigation found the charge of underage conduct to be unsubstantiated.


Clash said on Monday he would take a break from Sesame Workshop "to deal with this false and defamatory allegation."


Neither Clash nor Sesame Workshop indicated on Tuesday when he might return to the show, on which he has performed as Elmo since 1984.


Elmo had previously been a marginal character, but Clash, supplying the fuzzy red puppet with a high-pitched voice and a carefree, child-like personality, launched the character into major stardom. Elmo soon rivaled Big Bird as the face of "Sesame Street."


Though usually behind the scenes, Clash meanwhile achieved his own measure of fame. In 2006, he published an autobiography, "My Life as a Furry Red Monster," and he was the subject of the 2011 documentary "Being Elmo: A Puppeteer's Journey."


He has won 23 daytime Emmy awards and one prime-time Emmy.


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Online:


http://www.sesamestreet.org

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Report: FDA wanted to close Mass pharmacy in 2003

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WASHINGTON (AP) — Nearly a decade ago, federal health inspectors wanted to shut down the pharmacy linked to a recent deadly meningitis outbreak until it cleaned up its operations, according to congressional investigators.

About 440 people have been sickened by contaminated steroid shots distributed by New England Compounding Center, and more than 32 deaths have been reported since the outbreak began in September, according to the Centers for Disease Control and Prevention. That has put the Framingham, Mass.-based pharmacy at the center of congressional scrutiny and calls for greater regulation of compounding pharmacies, which make individualized medications for patients and have long operated in a legal gray area between state and federal laws.

The House Energy and Commerce Committee released a detailed history of NECC's regulatory troubles on Monday, ahead of a meeting Wednesday meeting to examine how the outbreak could have been prevented. The 25-page report summarizes and quotes from FDA and state inspection memos, though the committee declined to release the original documents.

The report shows that after several problematic incidents, Food and Drug Administration officials in 2003 suggested that the compounding pharmacy be "prohibited from manufacturing" until it improved its operations. But FDA regulators deferred to their counterparts in Massachusetts, who ultimately reached an agreement with the pharmacy to settle concerns about the quality of its prescription injections.

The congressional report also shows that in 2003 the FDA considered the company a pharmacy. That's significant because in recent weeks public health officials have charged that NECC was operating more as a manufacturer than a pharmacy, shipping thousands of doses of drugs to all 50 states instead of small batches of drugs to individual patients. Manufacturers are regulated by the FDA and are subject to stricter quality standards than pharmacies.

The report offers the most detailed account yet of the numerous regulatory complaints against the pharmacy, which nearly date back to its founding in 1998. Less than a year later, the company was cited by the state pharmacy board for providing doctors with blank prescription pads with NECC's information. Such promotional items are illegal in Massachusetts and the pharmacy's owner and director, Barry Cadden, received an informal reprimand, according to documents summarized by the committee.

Cadden was subject to several other complaints involving unprofessional conduct in coming years, but first came to the FDA's attention in 2002. Here are some key events from the report highlighting the company's early troubles with state and federal authorities:

__ In March of 2002 the FDA began investigating reports that five patients had become dizzy and short of breath after receiving NECC's compounded betamethasone repository injection, a steroid used to treat joint pain and arthritis that's different from the one linked to the current meningitis outbreak.

FDA inspectors visited NECC on April 9 and said Cadden was initially cooperative in turning over records about production of the drug. But during a second day of inspections, Cadden told officials "that he was no longer willing to provide us with any additional records," according to an FDA report cited by congressional investigators. The inspectors ultimately issued a report citing NECC for poor sterility and record-keeping practices but said that "this FDA investigation could not proceed to any definitive resolution," because of "problems/barriers that were encountered throughout the inspection."

__ In October of 2002, the FDA received new reports that two patients at a Rochester, N.Y., hospital came down with symptoms of bacterial meningitis after receiving a different NECC injection. The steroid, methylprednisolone acetate, is the same injectable linked to the current outbreak and is typically is used to treat back pain. Both patients were treated with antibiotics and eventually recovered, according to FDA documents cited by the committee.

When officials from the FDA and Massachusetts Board of Pharmacy visited NECC later in the month, Cadden said vials of the steroid returned by the hospital had tested negative for bacterial contamination. But when FDA scientists tested samples of the drug collected in New York they found bacterial contamination in four out of 14 vials sampled. It is not entirely clear whether FDA tested the same lot shipped to the Rochester hospital.

__ At a February 2003 meeting between state and federal officials, FDA staff emphasized "the potential for serious public consequences if NECC's compounding practices, in particular those relating to sterile products, are not improved." The agency issued a list of problems uncovered in its inspection to NECC, including a failure to verify if sterile drugs met safety standards.

But the agency decided to let Massachusetts officials take the lead in regulating the company, since pharmacies are typically regulated at the state level. It was decided that "the state would be in a better position to gain compliance or take regulatory action against NECC as necessary," according to a summary of the meeting quoted by investigators.

The FDA recommended the state subject NECC to a consent agreement, which would require the company to pass certain quality tests to continue operating. But congressional investigators say Massachusetts Board of Pharmacy did not take any action until "well over a year later."

__ In October 2004, the board sent a proposed consent agreement to Cadden, which would have included a formal reprimand and a three-year probationary period for the company's registration. The case ended without disciplinary action in 2006, when NECC agreed to a less severe consent decree with the state.

Massachusetts officials indicated Tuesday they are still investigating why NECC escaped the more severe penalty.

"I will not be satisfied until we know the full story behind this decision," the state's interim health commissioner Lauren Smith said in a transcript of her prepared testimony released a day ahead of delivery. Smith is one of several witnesses scheduled to testify Wednesday, including FDA Commissioner Margaret Hamburg.

The committee will also hear from the widow of 78-year-old Eddie C. Lovelace, a longtime circuit court judge in southern Kentucky. Autopsy results confirmed Lovelace received fungus-contaminated steroid injections that led to his death Sept. 17.

Joyce Lovelace will urge lawmakers to work together on legislation to stop future outbreaks caused by compounded drugs, according to a draft of her testimony.

"We now know that New England Compounding Pharmacy, Inc. killed Eddie. I have lost my soulmate and life's partner with whom I worked side by side, day after day for more than fifty years," Lovelace states.

Barry Cadden is also scheduled to appear at the hearing, after lawmakers issued a subpoena to compel him to attend.

The NECC has been closed since early last month, and Massachusetts officials have taken steps to permanently revoke its license. The pharmacy has recalled all the products it makes, including 17,700 single-dose vials of a steroid that tested positive for the fungus tied to the outbreak.

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Who's who in the Petraeus scandal

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What started out as a leisurely stroll through the Philadelphia Museum of Art on Nov. 11 with his girlfriend, quickly turned into quite a surreal experience for Max Galuppo, 20, of Bloomsbury, N.J. Galuppo, a Temple University student, found his doppelganger in a 16th century...
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Afghan killings case testing military system

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JOINT BASE LEWIS-McCHORD, Wash. (AP) — The U.S. military has been criticized for its spotty record on convicting troops of killing civilians, but a hearing against Army Staff Sgt. Robert Bales involving a massacre in Afghanistan has shown that it isn't like most cases.

Government prosecutors have built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base covered in blood. And in unusual testimony in a military court, Afghan civilians questioned via a video link described the horror of seeing 16 people killed, mostly children, in their villages.

Law experts say the case could test whether the military, aided by technology, is able to embark on a new era of accountability.

Bales faces 16 counts of premeditated murder and six counts of attempted murder. The preliminary hearing, which began Nov. 5 and is scheduled to end with closing arguments Tuesday, will determine whether he faces a court-martial. He could face the death penalty if convicted.

The U.S. military system's record has shown it is slow to convict service members of alleged war crimes.

A range of factors make prosecuting troops for civilian deaths in foreign lands difficult, including gathering eyewitness testimony and collecting evidence at a crime scene in the midst of a war.

At Bales' preliminary hearing, the prosecution accommodated the Afghan witnesses, including children, by providing the video link and holding the sessions at night. The military said it intends to fly the witnesses from Afghanistan to Joint Base Lewis-McChord if there is a court martial.

"I think it shows they're going to prosecute this case no matter what it takes," said Greg Rinckey, a former Army lawyer from 1999-2004 who is now in private practice. "This was an atrocity. This is not the fog of war. It's not like we were calling in artillery and an artillery shell landed in a village."

Prosecutors say Bales, 39, slipped away from remote Camp Belambay to attack two villages early on March 11, killing 16 civilians, including nine children. The slayings drew such angry protests that the U.S. temporarily halted combat operations in Afghanistan, and it was three weeks before American investigators could reach the crime scenes.

Through a video monitor in a military courtroom near Seattle, Bales saw young Afghan girls smile beneath bright head coverings before they described the bloodbath he's accused of committing. He saw boys fidget as they remembered how they hid behind curtains when a gunman killed people in their village and one other.

And he saw dignified, thick-bearded men who spoke of unspeakable carnage — the piled, burned bodies of children and parents alike.

From the other side of that video link, in Afghanistan, one of the men saw something else — signs that justice will be done.

"I saw the person who killed my brother sitting there, head down with guilt," Haji Mullah Baraan said Monday in an interview with The Associated Press. "He didn't look up toward the camera."

Baraan was one of many Afghan witnesses who testified in Bales' case by live video link over the weekend.

"We got great hope from this and we are sure that we will get justice," Baraan said.

Throughout history, troops have been accused of heinous crimes involving civilians in countries where wars are waged. But rarely have villagers who witnessed the horror testified in a U.S. military court — often because of the costs and logistics of bringing them to the United States.

Villagers may be leery to leave their homeland to go to a foreign country and confront members of one of the mightiest militaries in the world. And as foreign nationals, they cannot be subpoenaed.

While there have been cases of troops being sentenced to life in prison for committing atrocities, the vast majority of those convicted for extrajudicial killings have been let off with little to no jail time for crimes that in civilian courts could carry hefty sentences, legal experts say.

Former U.N. Special Rapporteur Philip Alston — who was invited by the United States to examine extrajudicial killings in Iraq and Afghanistan — pointed out the January 2006 sentencing of Chief Warrant Officer Lewis E. Welshofer Jr.

He was given two months confinement to his base, a fine of $6,000, and a letter of reprimand after being found guilty of negligent homicide and negligent dereliction of duty for the death of an Iraqi general who had turned himself in to military authorities.

"Military records released in Freedom of Information Act litigation make clear that the Welshofer sentence is not an anomaly," Alston wrote in a 2010 report.

The military hasn't executed a service member since 1961, when an Army ammunition handler was hanged for raping an 11-year-old girl in Austria.

Defense Secretary Leon Panetta has said the death penalty is possible if Bales is found guilty.

Afghan witnesses recounted the villagers who lived in the attacked compounds and listed the names of those killed. The bodies were buried quickly under Islamic custom, and no forensic evidence was available to prove the number of victims.

The witnesses included Zardana, 8, who sipped from a pink juice box before she testified. She suffered a gunshot wound to the top of her head, but after two months at a military hospital in Afghanistan and three more at a Navy hospital in San Diego, she can walk and talk again.

None of the Afghan witnesses were able to identify Bales as the shooter, but other evidence, including tests of the blood on his clothes, implicated him, according to testimony from a DNA expert.

Several soldiers testified that Bales returned to the base alone just before dawn the morning of the attacks, covered in blood, and that he made incriminating statements such as, "I thought I was doing the right thing."

Prosecutors say he also made a mid-massacre confession, returning to the base to wake another soldier and report his activities before heading out to the other village. The soldier testified that he didn't believe Bales and went back to sleep.

Bales, an Ohio native and father of two from Lake Tapps, Wash., has not entered a plea and was not expected to testify at the preliminary hearing. His attorneys say he has post-traumatic stress disorder and suffered a concussive head injury while serving in Iraq.

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Watson contributed from San Diego. Associated Press Writer Mirwais Khan in Kandahar also contributed to this report.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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'Skyfall' brings record Bond debut of $88.4M

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LOS ANGELES (AP) — James Bond is cashing in at the box office.

"Skyfall," the 23rd film featuring the British super-spy, pulled in a franchise-record $88.4 million in its U.S. debut, bringing its worldwide total to more than $500 million since it began rolling out overseas in late October.

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. "Skyfall," Sony, $88,364,714, 3,505 locations, $25,211 average, $90,564,714, one week.

2. "Wreck-It Ralph," Disney, $33,012,796, 3,752 locations, $8,799 average, $93,647,405, two weeks.

3. "Flight," Paramount, $14,785,097, 2,047 locations, $7,223 average, $47,455,396, two weeks.

4. "Argo," Warner Bros., $6,617,229, 2,763 locations, $2,395 average, $85,583,187, five weeks.

5. "Taken 2," Fox, $4,012,829, 2,487 locations, $1,614 average, $131,300,000, six weeks.

6. "Cloud Atlas," Warner Bros., $2,658,250, 2,023 locations, $1,314 average, $22,844,956, three weeks.

7. "The Man With the Iron Fists," Universal, $2,592,705, 1,872 locations, $1,385 average, $12,821,030, two weeks.

8. "Pitch Perfect," Universal, $2,573,350, 1,391 locations, $1,850 average, $59,099,993, seven weeks.

9. "Here Comes the Boom," Sony, $2,522,790, 2,044 locations, $1,234 average, $39,033,885, five weeks.

10. "Hotel Transylvania," Sony, $2,400,226, 2,566 locations, $935 average, $140,954,208, seven weeks.

11. "Paranormal Activity 4," Paramount, $1,980,033, 2,348 locations, $843 average, $52,600,612, four weeks.

12. "Sinister," Summit, $1,524,448, 1,554 locations, $981 average, $46,578,686, five weeks.

13. "Silent Hill: Revelation," Open Road Films, $1,300,137, 1,902 locations, $684 average, $16,383,406, three weeks.

14. "The Perks of Being a Wallflower," Summit, $1,132,924, 607 locations, $1,866 average, $14,614,770, eight weeks.

15. "Lincoln," Disney, $944,308, 11 locations, $85,846 average, $944,308, one week.

16. "Alex Cross," Summit, $911,973, 1,090 locations, $837 average, $24,603,042, four weeks.

17. "Fun Size," Paramount, $757,223, 1,301 locations, $582 average, $8,800,336, three weeks.

18. "Looper," Sony, $582,150, 491 locations, $1,186 average, $64,669,383, seven weeks.

19. "The Sessions," Fox, $545,550, 128 locations, $4,262 average, $1,655,222, four weeks.

20. "Seven Psychopaths," CBS Films, $404,812, 356 locations, $1,137 average, $14,098,469, five weeks.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Online:

http://www.hollywood.com

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British medical journal slams Roche on Tamiflu

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LONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.

The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.

On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.

"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.

Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.

Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.

"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.

In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.

In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.

"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.

In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.

"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.

Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.

Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.

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Online:

www.bmj.com.tamiflu/

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Top U.S. commander in Afghanistan under investigation as scandal widens

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ABOARD A U.S. MILITARY AIRCRAFT (Reuters) - The top U.S. commander in Afghanistan, General John Allen, is under investigation for allegedly inappropriate communication with a woman at the center of the scandal involving former CIA Director David Petraeus, a senior U.S. defense official said on Tuesday, speaking on condition of anonymity.


The shocking revelation threatens to fell another one of the U.S. military's biggest names and suggests that the scandal involving Petraeus - a former four-star general who had Allen's job in Afghanistan before moving to the CIA last year - could expand much further than previously imagined.


The U.S. official said the FBI uncovered between 20,000 and 30,000 pages of communications - mostly emails and spanning from 2010 to 2012 - between Allen and Jill Kelley, who has been identified as a long-time friend of the Petraeus family and a Tampa, Florida, volunteer social liaison with military families at MacDill Air Force Base.


It was Kelley's complaints about harassing emails from the woman with whom Petraeus had had an affair, Paula Broadwell, that prompted an FBI investigation, ultimately alerting authorities to Petraeus' involvement with Broadwell. Petraeus resigned from his job on Friday.


Asked whether there was concern about the disclosure of classified information, the official said: "We are concerned about inappropriate communications. We are not going to speculate as to what is contained in these documents."


Defense Secretary Leon Panetta said in a statement given to reporters flying with him to Australia that he asked that Allen's nomination to be Commander of U.S. European Command and Supreme Allied Commander Europe be delayed "and the president has agreed."


Allen, who is now in Washington, was due to face a Senate confirmation hearing on Thursday, as was his slated successor in Afghanistan, General Joseph Dunford.


The FBI referred the case to the Pentagon on Sunday and Panetta directed the Defense Department's Inspector General to handle the investigation. Panetta informed the top Republican and Democrat on the Senate Armed Services Committee during the flight to Australia. The House Armed Services Committee was also notified.


The U.S. defense official said that Allen denied any wrongdoing and that Panetta had opted to keep him in his job while the matter was under review, and until Dunford can be confirmed to replace him - a process that gains urgency given the potentially lengthy review process and the cloud it could cast over the mission in Afghanistan.


"While the matter is under investigation and before the facts are determined, General Allen will remain commander of ISAF," Panetta said, referring to the NATO—led force in Afghanistan.


Only hours earlier, Panetta had said he was reviewing Allen's recommendations on the future U.S. presence in Afghanistan after most troops withdraw by the end of 2014.


Commending Allen's leadership in Afghanistan, Panetta said in his statement: "He is entitled to due process in this matter."


At the same time, he noted that wanted the Senate to act "promptly" on Dunford's nomination.


The U.S. official said Panetta was informed of the matter involving Allen on Sunday, as he flew to Hawaii, after the Pentagon's top lawyer called Panetta's chief of staff. The White House was informed next.


(Reporting by Phil Stewart; Editing by Mohammad Zargham)


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Highlights of testimony about Afghan massacre

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JOINT BASE LEWIS-McCHORD, Wash. (AP) — For the past week, an investigating officer at Joint Base Lewis-McChord has heard testimony during a preliminary hearing for Staff Sgt. Robert Bales, who is accused of killing 16 civilians and wounding six others during a nighttime rampage at two villages early March 11. Among the highlights:

MONDAY:

—Lead prosecutor Lt. Col. Jay Morse details Bales' actions the night of the massacre: He watched a movie about a former CIA agent on a revenge killing spree, with two fellow soldiers, while drinking contraband whiskey from a plastic water bottle. He says Bales first attacked one village, Alkozai; returned to the base at Camp Belambay, woke another soldier and reported his actions; then headed out again to attack a second village, Najiban. Bales returned to the base covered in blood, Morse says, and his incriminating statements indicate he was "deliberate and methodical." Morse airs a night-vision video taken by a surveillance blimp, showing a caped, silhouetted figure stalking through the fields near the base, ultimately surrendering when confronted by three other soldiers.

—Defense lawyers decline to give an opening statement.

—Cpl. Dave Godwin, described as one of Bales' closest friends at Camp Belambay, recounts watching the movie with Bales and Sgt. Jason McLaughlin. Bales spoke of his anxiety over possibility of an upcoming promotion, and they talked of an attack a week earlier that claimed a colleague's leg. Godwin says he was one of the soldiers who confronted Bales as he returned.

—Sgt. 1st Class Clayton Blackshear says he was drowsing late on March 10 when Bales came into his room and sat down. Bales said he was upset that the soldiers hadn't retaliated for the attack a week earlier, Blackshear testifies. Bales said he wants Blackshear's job in Special Forces, and he complained about his wife. Later, Blackshear is woken up by a report that Bales is missing from the base. When Bales returned, "I had never seen anyone with that much blood on him," Blackshear says.

—McLaughlin testifies that he was asleep when Bales came in and turned on the light, and Bales said he'd just been to Alkozai and "shot up some people." McLaughlin says that when he expressed disbelief, Bales told him to smell his gun; McLaughlin couldn't tell whether it had been fired. Later, McLaughlin was on duty when two Afghan National Army guards reported there had been gunshots, and that an American soldier had been seeing coming and going from the base. When Bales returned, McLaughlin testifies, he was one of the soldiers to confront him and tell him to surrender his weapons: "The first words out of his mouth were, 'Are you (expletive) kidding me?'"

TUESDAY:

—Two soldiers assigned to guard Bales after he was taken into custody testify that he smashed his laptop computer after being allowed to gather his things.

—Sgt. 1st Class James Stillwell, a medic who reported seeing Bales after he returned to Belambay, remembered asking Bales where he had been. Bales' response, he said, was: "If I tell you, you guys will have to testify against me."

—Two American guards at the base recalled hearing gunshots in the distance. They shot flares, but could not see what was happening.

WEDNESDAY:

—Called by the defense, 1st Sgt. Vernon Bigham, who also served with Bales in Iraq, describes him as "very capable."

—Army Criminal Investigations Command special agent Matthew Hoffman testifies that he flew to Belambay at midday after the massacre, having been delayed by bad weather. Hundreds of villagers were protesting, and "every time an American soldier showed himself they became enraged." Afghan investigators went to the crime scenes to collect evidence and take photos, but it was three weeks before the Americans could reach the villages, less than a mile away. Bloodstains remained on the compound floors. Bales tested positive for steroids three days after the killings, he says.

—Maj. Travis Hawks, a doctor at the nearby base at Zengabad, recounts treating five injured villagers that morning.

THURSDAY:

—Christine Trapolsi, a DNA examiner at the U.S. Army Criminal Investigations Laboratory, testifies that the DNA profiles of four people were discovered on samples of the blood stains on Bales' clothing and guns the morning he surrendered. Additional testing of Bales clothing might turn up more profiles, she says. Swabs of blood stains taken from the compounds turned up several other profiles. One female victim's blood appeared both on Bales' clothing and in a sample taken from one of the attacked compounds.

FRIDAY:

—The first Afghan witnesses testify by live video link from Kandahar. The session is held overnight at Lewis-McChord to accommodate the time difference.

—An Afghan National Army guard on duty that night reports seeing one American returning to Belambay at 1:30 a.m. The American ignored commands to stop and continued into the base. Another Afghan guard who relieved the first one testifies that a lone U.S. soldier left the base at 2:30 a.m., laughing as he passed.

—One Afghan man, Khamal, testifies that he went to his cousin's compound at Najiban the next morning. He found his cousin's mother dead in the doorway and the bodies of other relatives, including six of his cousin's seven children, piled inside and burned.

—Other witnesses and victims describe the shootings at Alkozai. Haji Naim says he woke to find a soldier climbing over his compound wall. Naim asked what the man was doing; the man shot him in the neck and torso.

—One of Naim's sons, Sadiquallah, who is about 13, testifies that he and his friend Rafiullah were shot and wounded as they cowered behind a curtain. Sadiquallah's older brother, Quadratullah, recalls scrambling with other children and yelling, "We are children! We are children!"

SATURDAY

—Sadiquallah's sister, Zardana, age 8, sits down before her testimony and smiles at the interpreter as she sips from a pink juice box. She was shot in the head and spent five months recovering at a military hospital in Kandahar as well as at a U.S. naval hospital in San Diego, but now can walk and talk again. Called by the defense, she is asked few questions, and recalls that the shooter had a dark T-shirt.

—Zardana's friend Robina, age 7, takes the witness stand wearing a deep-red head covering and a nervous smile. She recounts hiding behind her father as he was shot to death. She was wounded in the leg. Like other witnesses, she saw only one shooter.

—Criminal Investigation Command special agent Leona Mansapit testifies that months after the killings, she was able to interview the wife of one of the victims. The woman clearly recounted having seen two U.S. soldiers in her room, and said one took her husband from the room and shot him as the other held her back, Mansapit recalls. Later, however, the woman's brother-in-law, Mullah Baraan, who was not present at the shootings, testifies that the woman says there was only one shooter. The woman herself has not testified.

SUNDAY

—The only witness to testify is an Afghan police official called by the defense. Citing the distance between the villages, among other things, he speculates that a single shooter could not have carried out the killings. However, he offers no evidence to support his opinion.

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Hathaway says 'Les Mis' made her feel deprived

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NEW YORK (AP) — Anne Hathaway credits her new husband Adam Schulman for helping her get through the grueling filming of the screen adaptation of "Les Miserables."

In "Les Mis," the 30-year-old actress plays Fantine, a struggling, sickly mother forced into prostitution in 1800s Paris.

Hathaway lost 25 pounds and cut her hair for the role. She tells the December issue of Vogue, the part left her in a "state of deprivation, physical and emotional." She felt easily overwhelmed and says Shulman was understanding and supportive.

The couple wed in September in Big Sur, Calif. Hathaway wore a custom gown by Valentino whom she collaborated with on the design. Working with the designer is a memory she says she will "treasure forever."

The December issue of Vogue hits stores Nov. 20.

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Online:

http://www.vogue.com/

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Food labels multiply, some confuse consumers

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FRESNO, Calif. (AP) — Want to avoid pesticides and antibiotics in your produce, meat, and dairy foods? Prefer to pay more to make sure farm animals were treated humanely, farmworkers got their lunch breaks, bees or birds were protected by the farmer and that ranchers didn't kill predators?

Food labels claim to certify a wide array of sustainable practices. Hundreds of so-called eco-labels have cropped up in recent years, with more introduced every month — and consumers are willing to pay extra for products that feature them.

While eco-labels can play a vital role, experts say their rapid proliferation and lack of oversight or clear standards have confused both consumers and producers.

"Hundreds of eco labels exist on all kinds of products, and there is the potential for companies and producers to make false claims," said Shana Starobin, a food label expert at Duke University's Nicholas School of the Environment.

Eco-labels have multiplied in recent years in response to rising consumer demand for more information about products and increased attention to animal and farmworker welfare, personal health, and the effects of conventional farming on the environment.

"Credible labels can be very helpful in helping people get to what they want to get to and pay more for something they really care about," said Urvashi Rangan, director of consumer safety at Consumer Reports. "The labels are a way to bring the bottom up and force whole industries to improve their practices."

The problem, Rangan and other said, is that few standards, little oversight and a lot of misinformation exist for the growing array of labels.

Some labels, such as the USDA organic certification, have standards set by the federal government to which third party certifiers must adhere. Some involve non-government standards and third-party certification, and may include site visits from independent auditors who evaluate whether a given farm or company has earned the label.

But other labels have little or no standards, or are certified by unknown organizations or by self-interested industry groups. Many labels lack any oversight.

And the problem is global, because California's products get sold overseas and fruits and vegetables from Europe or Mexico with their own eco-labels make it onto U.S. plates.

The sheer number of labels and the lack of oversight create a credibility problem and risk rendering all labels meaningless and diluting demand for sustainably produced goods, Rangan said.

Daniel Mourad of Fresno, a young professional who likes to cook and often shops for groceries at Whole Foods, said he tends to be wary of judging products just by the labels — though sustainable practices are important to him.

"Labels have really confused the public. Some have good intentions, but I don't know if they're really helpful," Mourad said. "Organic may come from Chile, but what does it mean if it's coming from 6,000 miles away? Some local farmers may not be able to afford a label."

In California, voters this week rejected a ballot measure that would have required labels on foods containing genetically modified ingredients.

Farmers like Gena Nonini in Fresno County say labels distinguish them from the competition. Nonini's 100-acre Marian Farms, which grows grapes, almonds, citrus and vegetables, is certified biodynamic and organic, and her raisins are certified kosher.

"For me, the certification is one way of educating people," Nonini said. "It opens a venue to tell a story and to set yourself apart from other farmers out there."

But other farmers say they are reluctant to spend money on yet another certification process or to clutter their product with too much packaging and information.

"I think if we keep adding all these new labels, it tends to be a pile of confusion," said Tom Willey of TD Willey Farms in Madera, Calif. His 75-acre farm, which grows more than 40 different vegetable crops, carries USDA organic certification, but no other labels.

The proliferation of labels, Willey said, is a poor substitute for "people being intimate with the farmers who grow their food." Instead of seeking out more labels, he said, consumers should visit a farmers' market or a farm, and talk directly to the grower.

Since that's still impossible for many urbanites, Consumer Reports has developed a rating system, a database and a web site for evaluating environmental and food labels — one of several such guides that have popped up recently to help consumers.

The guides show that labels such as "natural" and "free range" carry little meaning, because they lack clear standards or a verification system.

Despite this, consumers are willing to pay more for "free range" eggs and poultry, and studies show they value "natural" over "organic," which is governed by lengthy federal regulations.

But some consumers and watchdog groups are becoming more vigilant.

In October, the Animal Legal Defense Fund filed a lawsuit against Petaluma, Calif., organic egg producer of Judy's Eggs over "free range" claims. The company's packaging depicts a hen ranging on green grass, and the inside reads "these hens are raised in wide open spaces in Sonoma Valley..."

Aerial photos of the farm suggest the chickens actually live in factory-style sheds, according to the lawsuit. Judy and Steve Mahrt, owners of Petaluma Farms, said in a statement that the suit is "frivolous, unfair and untrue," but they did not comment on the specific allegations.

Meanwhile, new labels are popping up rapidly. The Food Justice label, certified via third party audits, guarantees a farm's commitment to fair living wages and adequate living and working conditions for farmworkers. And Wildlife Friendly, another third-party audited program, certifies farmers and ranchers who peacefully co-exist with wolves, coyotes, foxes and other predators.

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