Saturday, March 23, 2013

Tears, cheers as Colorado governor signs civil unions into law

Gay marriage is still forbidden by the Colorado state constitution, but the new law gives same-sex couples in Colorado most of the state-level protections of marriage.

By Ivan Moreno,?Associated Press / March 21, 2013

Two men watch Colorado Gov. John Hickenlooper sign the Civil Unions Act into law at the Colorado History Museum in Denver, Colo., on Thursday, March 21.

Brennan Linsley / AP

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Civil unions for gay couples got the governor's signature in Colorado on Thursday, punctuating a dramatic turnaround in a state where voters banned same-sex marriage in 2006 and restricted protections for gays two decades ago.

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Cheers erupted as Democratic Gov. John Hickenlooper signed the bill during a ceremony at the History Colorado Center near the state Capitol. Hundreds looked on, with many chanting "Equal! Equal!"

Some wiped away tears and others hugged during the signing ceremony.

"There is no excuse that people shouldn't have all the same rights," Hickenlooper told the crowd, which included dozens of gay couples and others watching from floors above.

The law takes effect May 1.

"It means I can change my name finally," said 21-year-old Amber Fuentes of Lakewood, who plans to have a civil union with Yolanda Martinez, 34.

"It's not marriage, but it still gives us a lot of the rights," Martinez said.

Colorado will join eight states that have civil unions or similar laws. Nine states and the District of Columbia allow gay marriage.

The signing in Colorado comes less than a year after the proposal was blocked in the House by Republicans.

"It's really meaningful. To have the recognition of your love and relationship just like any other relationship by the state is an important both legal and symbolic thing," said Democratic House Speaker Mark Ferrandino, a sponsor of the bill and the first gay lawmaker to hold the title of speaker in Colorado.

Supporters of civil unions say the passage in Colorado also is telling because in 1992, voters approved a ban on municipal antidiscrimination laws to protect gays. Four years later, the U.S. Supreme Court said the law, known as Amendment 2, was unconstitutional ? but not before some branded Colorado a "hate state."

Ferrandino said the shift "shows how much through hard work and through a very thoughtful approach you can change public opinion."

Civil unions grant gay couples rights similar to marriage, including enhanced inheritance and parental rights. People in civil unions also would have the ability to make medical decisions for their partners.

Most Republicans opposed the bill, saying they would've liked to see religious exemptions to provide legal protections for those opposed to civil unions. Churches are shielded under the new law, but Democrats rejected protections for businesses and adoption agencies, arguing the Republican suggestions were too broad and could provide legal cover to discriminate.

In May, Democrats said they had enough votes to pass the bill. But Republicans who controlled the House by one vote prevented debate on the measure.

Democrats took control of the House in November and retained the Senate.

Some Republicans insist the bill is too similar to marriage, and therefore violates the will of voters in 2006. Because of that constitutional amendment, civil unions are the only option for gay couples in Colorado for now. That could change with a U.S. Supreme Court ruling on gay marriage bans in the coming months.

"Even though it was specifically told to us that it wasn't about marriage, I think both sides know that it is what it is about," said Republican Rep. Lori Saine, speaking against the bill before a final vote last week.

Democratic Sen. Pat Steadman, also a gay lawmaker who sponsored the bill, said public support has grown for civil unions because same-sex couples face the same challenges as other families.

"We today are remedying an exclusion that has gone on for too long," said Steadman, who has been a leader in the gay-rights movement here since the days when voters passed the state's antidiscrimination amendment in 1992.

The bill's signing was especially poignant for Steadman, whose longtime partner, Dave Misner, died of cancer last year. They had been together for 11 years, a detail he included in the bill. The measure was Senate Bill 11.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/F4fnze0K-yA/Tears-cheers-as-Colorado-governor-signs-civil-unions-into-law

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Judge: Park Service destroyed evidence in Calif. death

SACRAMENTO, Calif. (AP) ? A federal magistrate judge says the National Park Service purposely destroyed evidence in the wrongful death case of a 9-year-old boy who died after being crushed by a retaining wall in a Northern California park.

Magistrate Judge Gregory G. Hollows ruled Wednesday that Park Service officials intentionally demolished the retaining wall before investigators could examine it. As punishment, he recommended that the judge overseeing the case formally find the Park Service negligent in Tommy Botell's death. Such a finding by U.S. District Judge Garland Burrell would give a big boost to the Botell family's lawsuit.

Hollows' findings are not binding, and the final decision rests with Burrell.

Still, the magistrate was unstinting in his rebuke of the Park Service's handling of the case. He rejected the government's arguments that workers knocked down what remained of the wall shortly after the July 29, 2009, accident in Lassen Volcanic National Park because they felt it posed a danger to other hikers.

The magistrate judge said there was no need to destroy the wall because "there is no doubt that the scene of the accident, i.e., the remaining part of the wall, was important for investigative purposes."

He said Park Service officials could have closed the trail or erected a barrier around the accident site to preserve the evidence.

Instead, Hollows wrote, "it has become all too apparent that the defendant has purposely destroyed material evidence in this case."

He also found accusations that Park Service employees destroyed other evidence "highly suspicious," but said an evidentiary hearing would need to be conducted to determine for certain.

U.S. attorney spokeswoman Lauren Horwood said the litigation is still "in the early stages" and noted that the magistrate judge's findings aren't binding. The office has 13 days to file its objections with Burrell, Horwood said.

Lassen Park is in the southern Cascades due east of Redding and is home to the southernmost volcano in that range.

Botell and his sister were hiking a trail ascending the 2,000-foot Lassen Peak and sat to take photographs atop a rock and mortar retaining wall. The wall crumbled, and a boulder weighing between 400 and 600 pounds crushed the boy.

His parents, Thomas and Jennifer Botell, and siblings witnessed the tragedy.

In 2011, Botell's parents, of Tehama County, filed a lawsuit in federal court alleging wrongful death, negligence and negligent infliction of emotional distress after the National Park Service denied their original claim. They are seeking damages.

Attorneys for the couple did not return phone calls seeking comment Thursday, nor did officials from the National Park Service or Lassen Volcanic park.

The government argues that Congress has protected it from wrongful death lawsuits like the one filed by the Botells, and is urging its dismissal.

Source: http://news.yahoo.com/judge-park-ruined-evidence-calif-death-001801971.html

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Friday, March 22, 2013

Italy to return marine murder suspects to India

(AP) ? The Italian government said on Thursday that it will return to India two marines facing murder charges in the shooting deaths of two fishermen, reversing an earlier decision that had escalated diplomatic tensions between the nations.

The government said it decided to return the men, Massimiliano Latorre and Salvatore Girone, after receiving written assurance from Indian authorities that their "fundamental rights" would be respected. Italy says the men would return to India by Friday, the timeframe originally agreed to when they were given permission to travel to Italy to vote in national elections last month.

The pair ? who agreed to the decision ? were to leave immediately and will reside in the Italian embassy in New Delhi, officials said.

The move overturns a March 11 decision by the Italian Foreign Ministry that the marines would not go back because the decision to try them in India violated their rights.

The Indian Supreme Court ruled earlier this year that the men should be tried by a special court to be set up by the central government in consultation with the chief justice. The decision removed the case from the jurisdiction of the southern state of Kerala, near where the shooting took place.

The case had turned into a full-blown spat between India and Italy, with the Indian Supreme Court announcing that the Italian ambassador could not leave the country. Italy insisted that any restrictions on its ambassador's movements violated conventions on diplomatic relations.

The Italian marines were on anti-pirate duty aboard a cargo ship off India's coast in February last year when the fishermen, aboard an Indian fishing boat, were killed.

Italy has insisted the shooting happened in international waters during an international anti-piracy mission and Italy should have jurisdiction.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2013-03-21-EU-Italy-India/id-2e45ac8210774de0a423256bb80f959a

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Dems Say: Balanced Budget? We Were Just Kidding! (Powerlineblog)

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Charges unlikely for man who shot at Okla. teens

This photo provided by the Pottawatomie County Sheriff's Department shows Kenneth Chaffin. Oklahoma authorities say they've issued an alert to national law enforcement to be on the lookout for a 17-year-old boy who left home with guns, up to 2,000 rounds of ammunition and prescription drugs. (AP Photo/Pottawatomie County Sheriif's Department)

This photo provided by the Pottawatomie County Sheriff's Department shows Kenneth Chaffin. Oklahoma authorities say they've issued an alert to national law enforcement to be on the lookout for a 17-year-old boy who left home with guns, up to 2,000 rounds of ammunition and prescription drugs. (AP Photo/Pottawatomie County Sheriif's Department)

MAYPEARL, Texas (AP) ? A Texas sheriff said Thursday that he does not expect any charges will be filed against a man who opened fire on two heavily armed Oklahoma teenagers during an attempted home invasion on his ranch.

Kenneth Chaffin, 17, and Dillon King, 18 ? both of Bethel Acres, Okla. ? died Wednesday afternoon in Maypearl, Texas, authorities said. Their bodies have been sent for autopsies.

Ellis County Sheriff Johnny Brown said that officials think both teens died of self-inflicted gunshot wounds, but said that the homeowner fired two deer rifles and struck one of the teens.

"I'm thoroughly convinced that had they not had a way to defend themselves, it would have turned out a different direction," Brown said.

Early Wednesday, Oklahoma sheriff's officials issued an alert for national law enforcement to be on the lookout for Chaffin, who they said ran away Monday from his home, which is about 35 miles southeast of Oklahoma City. The alert said he had stolen his parents' red 1991 Ford Ranger pickup truck, a stash of prescription medication, 17 guns and 2,000 rounds of ammunition.

On Wednesday afternoon, a homeowner in Maypearl ? 35 miles south of Dallas and some 240 miles south of Bethel Acres ? noticed someone was trying to open her back door. She looked out the window and saw an armed man in a camouflage vest. Brown said that the woman called her husband, who was elsewhere but returned home shortly thereafter.

As the two suspects fled toward a field, they fired at the home, which is located in the middle of a fenced-off ranch with donkeys grazing outside.

"The house is full of holes," Brown said.

The husband returned fire and the woman called 911. Sheriff's deputies found one suspect dead in the field and the other inside the stolen pickup truck. No one else was hurt.

Much of the roads leading up to the home are dirt or gravel. Brown said authorities do not know why the teens came to that house.

"Unfortunately, the answers to those questions died when they did, because we don't have a clue why they were out there in that area," Brown said. "It's beyond me why they would be that far out other than they were looking to take something, or do harm."

Pottawatomie County, Okla., Undersheriff J.T. Palmer said Chaffin and King were identified through photographs and because King had distinctive tattoos on the webbing of his fingers.

The teens lived about a mile apart in Bethel Acres but authorities had no idea the two were together when Chaffin was reported missing, Palmer said, adding that King was not reported missing.

"We didn't actually know there was a second one until we got the call from Ellis County, Texas, that two suspects were killed," Palmer said.

Chaffin's father, Roland Chaffin, told The Oklahoman that his son had never been in trouble with the law and had no family problems before he ran away.

"Kenneth was a follower, not a leader. That's what we figure. He followed someone and got in over his head," Roland Chaffin said.

Palmer said Wednesday that Kenneth Chaffin had taken nine handguns, six rifles and two shotguns from his parents' home.

"My son's not an angel. I'm not saying that he is," Roland Chaffin told the newspaper. "But the Kenneth we know was not capable of this."

___

Associated Press writers Justin Juozapavicius in Tulsa, Okla., Ken Miller in Oklahoma City, Jill Bleed in Little Rock, Ark., and Terry Wallace in Dallas contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2013-03-21-US-Oklahoma-Teen-Stolen-Guns/id-cfe8887161ac4286b17a8424756fa308

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PFT: Tuck rule?gone? |? 29-1 ? |? Woodson happy

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On Wednesday night, agent Ralph Cindrich tweeted a sage piece of advice for NFL players, suggesting those who have been released should ?(go) into a hole for 24 hours? ? and that the quiet time should double for players let go for the first time.

I?m not sure if Cindrich was specifically referring to Brian Urlacher, whom the Bears announced they weren?t able to re-sign on Wednesday.?It doesn?t matter, really. In the end, it probably would be sound advice for Urlacher, very much a free agent right now, to have followed.

But let us consider Brian Urlacher?s situation for a moment. The Bears announced?they were planning to move on without him.

I don?t know Urlacher, but I could understand why he would want to explain his side of the story to whomever asked him. Expecting him to turn the other cheek is a little unreasonable. He?s never endured anything like this at the NFL level.

Forget on-field defeats and the like ? he?s coping with losing part of his identity.

I can also understand why he may not have completely ruled out?returning to Chicago, as NFL Network?s Albert Breer reported, even with the franchise moving to make such a return pretty difficult.?We?re talking about the only team, only locker room he?s known. Of course he?d consider reclaiming his spot, shaking this off as best he could, if the Bears were willing to give a little more on their side of the negotiating table.

Well, it?s hard to see that happening now.

If you want to boil this down to strictly business, go ahead. NFL teams make decisions like this all the time.?Did Brian Urlacher overestimate his value? It sure looks like it. The Bears? $2 million offer seems fair to me.

Perhaps Urlacher would be willing to take the same terms to play middle linebacker a different team. He indicated as much in an interview with Sirius XM on Wednesday. Two million dollars, Urlacher told the satellite radio service, ?is a lot of money, don?t get me wrong, but for me to go through a season, put my body through what it goes through during a season at my age, I?m not going to play for that, you know, not for the Bears at least.?

The question, of course, is whether any such deals are out there ? or whether the Bears? offer was as good as it gets.

We will see where Urlacher, who turns 35, goes from here. I?m not sure. He may not know.

But I do know this:?He?s going to hurt on Thursday morning, the dawn of the first day of the rest of his football life.

Source: http://profootballtalk.nbcsports.com/2013/03/20/the-tuck-rule-is-no-more/related/

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Passing reference in 'Argo' rankles New Zealand

FILE - In this Sunday Feb. 24, 2013 file photo, director and producer Ben Affleck accepts the award for best picture for "Argo" during the Oscars at the Dolby Theatre, in Los Angeles. ?Argo? mentions New Zealand just once in passing, but the four-word reference is rankling Kiwis five months after the Oscar-winning film was released in the South Pacific nation. Even Parliament has expressed its dismay, passing a motion stating that director Ben Affleck ?saw fit to mislead the world about what actually happened.? (Photo by Chris Pizzello/Invision/AP, File)

FILE - In this Sunday Feb. 24, 2013 file photo, director and producer Ben Affleck accepts the award for best picture for "Argo" during the Oscars at the Dolby Theatre, in Los Angeles. ?Argo? mentions New Zealand just once in passing, but the four-word reference is rankling Kiwis five months after the Oscar-winning film was released in the South Pacific nation. Even Parliament has expressed its dismay, passing a motion stating that director Ben Affleck ?saw fit to mislead the world about what actually happened.? (Photo by Chris Pizzello/Invision/AP, File)

(AP) ? Thirteen minutes into the movie, CIA agent Tony Mendez asks supervisor Jack O'Donnell what happened to a group of Americans when the U.S. Embassy was stormed in Tehran.

"The six of them went out a back exit," O'Donnell tells Mendez, played by Ben Affleck. "Brits turned them away. Kiwis turned them away. Canadians took them in."

That's the only mention of New Zealand in "Argo," but it is rankling Kiwis five months after the Oscar-winning film was released in the South Pacific nation. Even Parliament has expressed its dismay, passing a motion stating that Affleck, who also directed the movie, "saw fit to mislead the world about what actually happened."

New Zealand joins a list of other countries that have felt slighted by the fictionalized account of how a group of Americans was furtively sheltered and secreted out of Iran during the 1979 Islamic Revolution. But nations such as Iran and Canada were much larger participants in the historical event the movie depicts.

The strong reaction in New Zealand indicates the country remains insecure about its own culture, said Steve Matthewman, an associate professor of sociology at the University of Auckland. People are prone to bouts of unwarranted outrage when somebody from abroad says something bad about the country, he said, and simpering enjoyment when they say something good.

"It's touched a really raw nerve," Matthewman said. "We do seem in New Zealand to be oversensitive to how the rest of the world perceives us."

The movie's New Zealand reference may not be totally fair but has an element of truth.

Some in New Zealand have taken those words ? "Kiwis turned them away" ? as implying the country did nothing to help. Published interviews indicate that diplomats from Britain and New Zealand did help by briefly sheltering the Americans, visiting them and bringing them food, even driving them to the airport when they left.

Yet those interviews also indicate that both countries considered it too risky to shelter the Americans for long. That left the Canadians shouldering the biggest risk by taking them in.

Lawmaker Winston Peters, who brought last week's uncontested motion before Parliament, said New Zealanders are unfairly portrayed as "a bunch of cowards," an impression that would be given to millions who watch the movie.

"It's a diabolical misrepresentation of the acts of courage and bravery, done at significant risk to themselves, by New Zealand diplomats," he said.

During Oscar media interviews last month, Affleck told reporters: "Let me just start by saying I love New Zealand, and I love New Zealanders." He added that "I think that it's tricky. You walk a fine line. You are doing a historical movie and naturally you have to make some creative choices about how you are going to condense this into a three-act structure."

Affleck could not be reached for comment this week.

Matthewman said the reference may have provoked New Zealanders because the country prides itself on being generous and hospitable. People have a reputation for doing things like picking up hitchhikers and inviting them into their homes for a week, he said.

Small countries like New Zealand that are far from the world's centers of power are often shaped by bigger countries like the U.S. and often look to them for affirmation, Matthewman said. It's interesting to note the different reaction Affleck got in Britain, Matthewman said, which was arguably equally maligned in the movie.

"They give the guy a BAFTA in Britain and bash him in New Zealand," he said, referring to the best director prize Affleck won at the British Academy Film Awards.

Some in Britain, however, have criticized "Argo's" reference to that country, and some in Canada are upset the CIA gets credit at the expense of the Canadians, a claim backed by former U.S. President Jimmy Carter. And Iran is planning to sue Hollywood for the movie's alleged "unrealistic portrayal" of that country, according to Iranian media reports.

Yet while Iran and Canada are central parts of the movie, the New Zealand reference could easily be missed ? at least by outsiders.

Patrick Gower, the political editor for TV3, one of two main television news stations in New Zealand, wrote in a blog that Affleck should apologize after he "deliberately slammed" the country.

"Some people will say I'm being oversensitive here," he wrote. "But in my opinion, what Affleck has done just isn't right."

The controversy was not reflected in box-office receipts. "Argo" has done well in New Zealand, earning just over $1 million. As of this week, the film has earned $92.3 million internationally and $135 million in North America.

National carrier Air New Zealand has even extended an olive branch to Affleck by offering to fly him to the country as its guest. Airline spokeswoman Marie Hosking said this week it has yet to hear back from him.

Prime Minister John Key, meanwhile, has tried to sound a note of reason.

"New Zealand, I think, sees itself as a country that always wants to lend a hand to help people," he told reporters recently. "But in the end, this is Hollywood, and they do make movies. And a bit like when they transfer a book to a movie, often it's a little bit different. So, look, I think we've made our point and we should probably move on."

But the country doesn't seem ready to move on quite yet.

___

Follow Nick Perry on Twitter at http://twitter.com/nickgbperry

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/4e67281c3f754d0696fbfdee0f3f1469/Article_2013-03-21-New%20Zealand-Argo/id-394e6c43324446efac17d078e712929f

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