Gary man sentenced to 80 years in abuse, death of son

Lake County Indiana Sheriff John Buncich and Bernard Eriks, grandfather of 13-year-old murder victim Christian Choate, talk about the sentencing of Riley Choate for the murder.

A Gary, Ind. man charged with keeping his 13-year-old son in a dog cage, then beating the boy to death and burying the body in a shallow grave near the family’s home in a trailer park was sentenced this morning to 80 years in prison.

Riley Choate, 40, entered a plea deal with Lake County, Ind., prosecutors this month with an agreed sentence that spares him some 40 years off the 120-year sentence he faced on charges tied to years of brutal abuse of his son, Christian, that led to the boy’s death in 2009.

The boy, who weighed less than 50 pounds when he died, had lived the last two years of his life confined to a 3-foot high dog cage, and was beaten regularly by his father.

“I can’t conceive of any set of facts charging neglect that could be any worse,” prosecutor Michael Woods said in court in Crown Point this morning.

Lake County Superior Court Judge Diane Boswell said there was plenty of blame to go around and several people had failed Christian.

“The pain and the suffering, the degradation this baby went through for two years of his life is incomprehensible,” Boswell said. “I can’t imagine any  circumstance when a parent would allow this.”

Choate addressed the judge briefly before the sentencing. “All my actions will haunt me forever. I loved my son,” he said.

Christian’s body was discovered by police investigators in 2011, after his older sister told relatives the boy had died two years earlier after Choate punched him repeatedly.

Choate and his wife, Kimberly Kubina, loaded the boy’s body into a tote, then buried him under concrete beneath a shed with a Bible laid across his chest. They told the other children — and, initially, police investigators -- that Christian had run away. The family moved to Kentucky not long after Christian died.

The sister, one of as many as 10 children living with Choate and his wife and co-defendant, Kimberly Kubina, in a single-wide trailer on the west side of Gary, had been removed from school in the Gary suburb of Merrillville in 2007 to be homeschooled. Kubina later admitted the children were pulled out of school because Choate’s abuse of the boy was escalating and Christian often was badly bruised.

The girl was charged with taking care of her brother, whom Choate and Kubina said had to be confined after he was caught “molesting” his younger step brother.

Christian initially was confined to a bedroom, then a bathroom, then was tied to a bed frame. After he managed to escape, he was locked in a dog cage they purchased from a neighbor. The boy was fed noodles twice a day, and given leftovers from dinner. The girl admitted she also beat and choked her brother regularly, and that she endured beatings at Choate’s hands as well.

Child welfare officials were infrequent visitors to the family’s trailer park, and had investigated abuse allegations against Choate involving children other than Christian. A neighbor said she twice called police, and in turn the Indiana Department of Child and Family Services, with concerns, but never saw an investigator enter the family’s trailer.

On April, 4, 2009, Christian’s sister told police the boy refused to eat, and an enraged Choate punched Christian “full force” several times in the head and threw him back into his cage, court records state. Christian died the following day. The Lake County coroner’s office listed the cause of death as blunt force trauma to the head, and a skull fracture.

Kubina, who divorced Choate from jail in 2011, entered a plea deal with prosecutors and agreed to cooperate in Choate’s prosecution. She is set to be sentenced in February on child neglect charges. She has told prosecutors she sometimes stopped Choate from beating Christian but never went to authorities to report the abuse because she feared losing custody of other children in the home.

Choate himself won custody of Christian and his sister in 2004. The children’s biological mother said she hadn’t seen the children since 2004.

Dennis Sullivan is a freelance reporter. Andy Grimm is a Tribune reporter.

agrimm@tribune.com

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Factbox: Video game industry meets with Biden gun task force

WASHINGTON (Reuters) – Representatives from the companies that make “first-person shooter” games such as “Call of Duty,” “Medal of Honor” and “Grand Theft Auto” met with Vice President Joe Biden on Friday as the Obama administration looks for ways to curb U.S. gun violence.

Biden is heading a task force formed after a gunman shot dead 20 children and six adults last month at a Connecticut elementary school. Biden plans to make recommendations on reducing gun violence to President Barack Obama by next Tuesday.

The vice president has held discussions with a wide range of groups including gun retailers, gun owners, the National Rifle Association gun rights lobbying organization, the film industry, victims of gun violence, and law enforcement authorities.

Following is a list of groups present at Friday’s meeting with Biden, Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.

Activision Blizzard Inc

Electronic Arts Inc

E-Line Media

Entertainment Software Association

Entertainment Software Ratings Board

Epic Games

GameStop Corp

Joan Ganz Cooney Center at Sesame Workshop

Take-Two Interactive Software Inc

Texas A&M University

University of Wisconsin at Madison

Zenimax Media Inc

(Reporting by Roberta Rampton; Editing by Will Dunham)

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ABC’s “Zero Hour” Will Conclude Conspiracies After Each Season

LOS ANGELES (TheWrap.com) – Paul Scheuring, the executive producer of ABC’s “Zero Hour,” says the conspiracy driving the new ABC drama will “100 percent” wrap up at the end of its first season.

Premeiring February 14, the show follows Anthony Edwards (“ER”) as the publisher of a magazine that investigates conspiracy theories. But after his wife (Jacinda Barrett) is abducted from her antique clock shop, Edwards’ character is pulled into one of the most compelling mysteries in human history. We don’t know exactly what that mystery is yet, but it involves clocks and Nazis.

Despite the massive scale of the tale, which stretches across the globe and back in time several centuries, season one’s storyline won’t be stretched across future seasons — a practice that Scheuring says leads to writers “flapping” their wings.

“One of the things I learned from ‘Prison Break’ and making a serialized show is that if you’re a single conceived show, like ‘Prison Break’ or ‘Lost,’” he said Thursday at the Television Critics Association winter press tour. “Sooner or later you start flapping your wings because a story needs to end.”

So instead of trying to “stretch, stretch, stretch, stretch” the narrative, Scheuring modeled the series like “24.”

“It’s like the ’24′ model where you reset every year,” he continued. “This entire Nazi conspiracy thing will be done by episode 13 this year.”

But just like Jack Bauer’s addiction to danger in “24,” the characters in “Zero Hour” will dive into another conspiracy if they’re lucky enough to return for a second season.

“We have a group of investigators, headed by Anthony, at the magazine which can then apply those skills to the next investigation,” Scheuring concluded.

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Personal Health: Keeping Firearms Away From Children

I doubt that our forebears who ratified the Second Amendment in 1791 ever imagined how carelessly and callously firearms would be used centuries later. Witness the senseless slaughter of 20 innocent children and 6 adults last month in Newtown, Conn. As a mother of two and grandmother of four, I can’t imagine a more painful loss.

If you are as concerned as I am about the safety of your children and grandchildren, consider that it may be time for a grass-roots movement, comparable to Mothers Against Drunk Driving, to help break the stranglehold the National Rifle Association seems to have on our elected officials. Do you really want, as the association proposed, an armed guard in every school?

The Connecticut massacre occurred just two months after the American Academy of Pediatrics issued a new policy statement on firearm-related injuries to children. Murder and accidental shootings were not the academy’s only concerns. “Suicides among the young are typically impulsive,” the statement noted, “and easy access to lethal weapons largely determines outcome.”

In an article published online last month in The New England Journal of Medicine, Dr. Judith S. Palfrey, a pediatrician at Boston Children’s Hospital, and her husband, Dr. Sean Palfrey, also a pediatrician in Boston, highlighted the shocking statistics.

Every day in the United States, 18 children and young adults between the ages of 1 and 24 die from gun-related injuries. That makes guns the second leading cause of death in young people — twice the number of deaths from cancer, five times the deaths from heart disease and 15 times the deaths from infections.

Dr. Judith S. Palfrey has seen this heartbreak up close. “My niece, who was sad about something, might be alive today if she hadn’t had such easy access to a handgun at age 18,” she told me.

The United States has the dubious distinction of leading high-income countries in firearm homicides, suicides and unintentional deaths among young people. Among American children ages 5 to 14, an international study showed that firearm suicide rates were six times higher, and death rates from unintentional firearm injuries 10 times higher, than in other high-income countries.

Innocent Victims

The Palfreys said they were haunted by the death of one of their patients, a 12-year-old boy who went on an errand for his mother and was caught in the cross-fire of a gun battle. The boy had shortly before written a letter to his mother expressing his desire to become a doctor.

And Dr. Sean Palfrey recalls “with horror” picking up a loaded .22-caliber rifle, at age 11 or 12, and threatening his baby sitter with it. “This scared the hell out of me and remains seared in my memory. I could have killed this person.”

In explaining why he had a gun, he said, “I’m a great-grandson of Theodore Roosevelt, who was a hunter as well as a naturalist, and when I grew up guns were an acceptable part of youth. I took target practice and was an N.R.A. member myself as a child. We had guns for hunting, not automatic weapons that can shoot hundreds of rounds within seconds.”

Now, he said, “I do all my shooting with a camera. This is not the same world it was when the Second Amendment was written. Guns have to be removed so that they can’t be accessed by those who are immature, impulsive or mentally ill.”

In their article, the Palfreys pointed out that “little children explore their worlds without understanding danger, and in one unsupervised moment, an encounter with a gun can end in fatality.” School-age children who see guns used on television, in movies or video games “don’t necessarily understand that people who are really shot may really die,” they said.

Among teenagers, who may fight over girlfriends or sneakers, or have their judgment impaired by drugs or alcohol, “a fistfight may cause transient injuries, but a gunfight can kill rivals, friends, or innocent bystanders,” the pediatricians wrote. Among depressed adolescents, they said, “less than 5 percent of suicide attempts involving drugs are lethal, but 90 percent of those involving guns are.”

Preventing Access

In a 2006 study of gun-owning Americans with children under age 18, 21.7 percent stored a gun loaded, 31.5 percent stored one unlocked, and 8.3 percent stored at least one gun unlocked and loaded. And in households with adolescents ages 13 to 17, firearms were left unlocked 41.7 percent of the time.

These are accidents, or worse, waiting to happen, and the pediatrics academy reiterated its earlier recommendations that pediatricians talk to parents about guns in the home and their safe storage, and follow up by distributing cable locks.

To limit unauthorized access to guns, the academy recommended the use of trigger locks, lockboxes, personalized safety mechanisms, and trigger pressures that are too high for young children.

Still, the academy emphasized, “the safest home for a child or adolescent is one without firearms.”

The Palfreys said that when one of their colleagues asked a mother about guns in her home, she responded, “Why, yes, I have a loaded gun in the drawer of my bedside table.” It was only then the woman realized that this could be a danger to her child, Dr. Judith Palfrey said.

The academy also called for restoring the federal ban, in effect from 1994 to 2004, on the sale of assault weapons to the general public. None of the many attempts to renew it have succeeded in Congress.

The Supreme Court ruled in 2010, in the case of McDonald v. the City of Chicago, that the due process clause of the Fourteenth Amendment applied to provisions of the Second Amendment, and prevented states and localities from restricting citizens’ right to bear arms. The academy stated that the ruling “set the stage for Second Amendment legal challenges to local and state gun laws, including laws requiring the safe storage of firearms and trigger locks, as well as laws aimed at protecting children from firearms.”

In 2011, Florida passed legislation that raised First Amendment questions by forbidding doctors to ask families about guns in the home. Although a permanent injunction against the law was issued, Gov. Rick Scott has appealed the ruling. At the federal level, wording introduced into the Affordable Care Act restricts collection of data on guns in the home.

---

This post has been revised to reflect the following correction:

Correction: January 11, 2013

The Personal Health column on Tuesday, about firearms and children, using information from The New England Journal of Medicine, misstated the number of children and young adults between the ages of 1 and 24 who die each day in the United States from gun-related injuries. Eighteen people between the ages of 1 and 24 die every day — not seven people between those ages. (Seven deaths a day is the number for children and young adults between the ages of 1 and 19.) And the article misstated part of a Supreme Court ruling. In the case of McDonald v. the City of Chicago in 2010, the court ruled that the due process clause of the Fourteenth Amendment — not the equal protection clause — applied to provisions of the Second Amendment, which guarantees the right to keep and bear arms.

This post has been revised to reflect the following correction:

Correction: January 11, 2013

A chart posted with an earlier version of this article also misstated the number of children and young adults between the ages of 1 and 24 killed every day in the United States by gun injuries. It is 18, not seven.

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U.S. to review Boeing 787 design, safety

Two new incidents involving the Boeing 787 Dreamliner have been reported in Japan -- a crack in the cockpit and an oil leak. Norah O'Donnell reports.

The U.S. Federal Aviation Administration said Friday it will launch a high-priority and comprehensive review of Chicago-based Boeing's new 787's critical systems, following a rash of malfunctions this week, such as a battery fire and fuel leaks. However, federal transportation officials also supported Boeing, saying repeatedly that the plane is safe.

"We are confident about the safety of this aircraft," said Federal Aviation Administrator Michael Huerta, adding that a priority in the review will be the plane's electrical systems. He said he would not speculate on how long the review would take.

The review, an unusual move for the FAA that will not ground planes or halt production of new 787s, will examine the plane's design, manufacture and assembly, said U.S. Transportation Secretary Ray LaHood.

"Through it, we will look for the root causes of recent events and do everything we can to make sure these events don't happen again," he said. "I believe this plane is safe and I would have absolutely no reservation of boarding one of these planes and taking a flight."

Boeing shares were down 2.5 percent in midday trading to $75.15.

The announcement comes amid yet more reports Friday of problems with the highly anticipated "Dreamliner" jet, including a cracked cockpit window and another oil leak on a Japanese carrier. They add to a rash of other reported problems this week, most seriously a battery fire on a parked 787 in Boston, an incident under investigation by the National Transportation Safety Board.

The plane model is in use in Chicago for temporary United Airlines flights between Chicago O'Hare and Houston. Chicago-based United has five other 787s in service domestically. "We continue to have complete confidence in the 787 and in the ability of Boeing, with the support of the FAA, to resolve these early operational issues," a United spokeswoman said. "We will support Boeing and the FAA throughout their review."

Next week, LOT Polish Airlines plans to begin operating the region's first regular flight on a 787 between O'Hare and Warsaw, Poland. That inaugural flight is still planned for Wednesday, a spokeswoman said. All told, Boeing has delivered 50 Dreamliners to customers around the world, many to Japanese carriers.

Aviation experts have said the planes are safe and that glitches are common on new models of planes, especially ones as revolutionary as the 787, which uses mostly composite materials instead of metals to create an aircraft that's more lighter, more fuel-efficient and more comfortable for passengers. However, other observers have said the concentration of problems in a short period and the media attention they garner is damaging the reputation of Boeing, which was already under scrutiny for delivering the Dreamliner to customers more than three years late. The plane's list price is about $207 million.

The latest problems came Friday, when Japanese carrier All Nippon Airways said a domestic flight from Tokyo landed safely at Matsuyama airport in western Japan after a crack developed on the cockpit windscreen, and the plane's return to Tokyo was cancelled.

"Cracks appear a few times every year in other planes. We don't see this as a sign of a fundamental problem" with Boeing aircraft, a spokesman for the airline said. The same airline later on Friday said oil was found leaking from an engine of a 787 Dreamliner after the plane landed at Miyazaki airport in southern Japan. An airline spokeswoman said it later returned to Tokyo after some delay. No one was injured in either incident.

Boeing said Friday the 787 logged 50,000 hours of flight, with more than 150 flights occurring daily, and that its performance has been on par with the Boeing 777, which it calls "the industry's best-ever introduction" of a new airplane. "More than a year ago, the 787 completed the most robust and rigorous certification process in the history of the FAA," Boeing said in a statement. "We remain fully confident in the airplane's design and production system."

Ray Conner, president and chief executive officer of Boeing Commercial Airplanes, said Friday that the recent problems were not caused by Boeing's outsourcing of production or by ramping up production too quickly.

"We are fully committed to resolving any issue that affects the reliability of our airlines," he said.

gkarp@tribune.com

Reuters contributed
 

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'Lincoln' leads Academy Award contenders with 12 nominations

With a conspicuous diss of Kathryn Bigelow, the un-nominated director of “Zero Dark Thirty,” the Academy Awards nominations were announced Thursday morning.

“Zero Dark Thirty” was one of nine films given the best picture nomination nod. The others: “Beasts of the Southern Wild”; “Silver Linings Playbook”; “Lincoln”; “Les Miserables”; “Life of Pi”; “Amour”; “Django Unchained”; and “Argo.” With 12 nominations total, director Steven Spielberg’s “Lincoln” led this year’s pack, unusually full of films that have reached a broad mainstream audience. “Life of Pi” came in with 11 nominations; “Silver Linings Playbook” and “Les Miserables” received eight.

The best actress Oscar nominees include the oldest-ever performer in that category (Emmanuelle Riva, 85, for “Amour”) as well as the youngest (Quvenzhane Wallis, 9, “Beasts of the Southern Wild”). They’ll compete for the Feb. 24 Oscars against Naomi Watts (“The Impossible”), Jessica Chastain (“Zero Dark Thirty”) and Jennifer Lawrence (“Silver Linings Playbook”).

To the surprise of no one on this planet or any other, Daniel Day-Lewis led the best actor competition for “Lincoln.” His fellow nominees: Denzel Washington, “Flight”; Hugh Jackman, “Les Miserables”; Bradley Cooper, “Silver Linings Playbook”; and in the year’s most unsettling performance, Joaquin Phoenix, “The Master.”

“Silver Linings Playbook” fared well, against some predictions, scoring a supporting actor nomination for Robert De Niro and a supporting actress nod for Jacki Weaver. Other supporting actors nominated include Christoph Waltz for “Django Unchained”; Philip Seymour Hoffman, “The Master”; Alan Arkin, “Argo”; and Tommy Lee Jones,” Lincoln.” All have won Oscars before.

Along with Weaver, Sally Field received a supporting actress nomination, hers for “Lincoln.” The competition: Anne Hathaway, singing her guts out all the way to the podium on Feb. 24 (I’m guessing) for “Les Miserables”; Helen Hunt for “The Sessions” (more of a leading role, in fact); and Amy Adams as the Lady Macbeth of the action in “The Master.”

It’s a huge showing for “Beasts of the Southern Wild,” whose director, Benh Zeitlin, goes toe to toe against his fellow directing nominees David O. Russell (“Silver Linings Playbook”), Ang Lee (“Life of Pi”), Michael Haneke (“Amour”) and Spielberg. Along with “Zero Dark Thirty” director Bigelow, “Argo” helmer Ben Affleck, widely expected to be nominated ... wasn’t.

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Jimmy Dushku: The 25-year-old who is North Korea’s one true Twitter friend

Mother Jones takes a look at a globetrotting young investor who’s the only American — and the only human being — Pyongyang follows

Google Chairman Eric Schmidt capped a controversial four-day visit to North Korea on Thursday with a call for the country’s censorship-happy communist government to give its people access to the internet, or face further economic decline due to the country’s global isolation. It was a strong message from one of the web’s most powerful figures, although North Korea watchers seem pretty confident the country’s young leader, Kim Jong Un, will ignore it. There’s one American, however, Pyongyang does appear to listen to. That would be Jimmy Dushku, a young investor who is one of exactly three Twitter users Kim’s government follows on Twitter. What’s the story behind this unlikely online bromance? Here, a guide:

Who is Jimmy Dushku?
He’s a 25-year-old financial whiz kid from Austin, Texas. Dushku, who also goes by the nicknames “Jimmer” and “Jammy,” started a website development business when he was 14, according to Mother Jones, and he parlayed his early earnings into investments that now include everything from construction projects in Europe to real estate in Texas to mines in South America. He’s also a rabid Coldplay fan, and when he isn’t jetting around the world, he says he likes to play Rachmaninoff on his piano and zoom around on his Ducati Monster motorcycle.

SEE MORE: North Korea’s rocket launch: 3 consequences

So how did he become buddies with North Korea?
Dushku tells Asawin Suebsaeng at Mother Jones he’s not really sure. “People always ask me how it happened, and I honestly can’t remember,” he says. “It started sometime back in 2010. I was initially surprised.” North Korea followed him, he followed North Korea “out of courtesy.” He tweeted back, “Hello my friend,” and a relationship was born. Then, the North Korean government, which has piled up some 11,000 followers in two-and-a-half years on Twitter, abruptly whittled down the number of accounts it follows, leaving just three. Dushku made the cut (along with a Vietnam account and another official North Korean handle).

What has Dushku gotten from the relationship?
Death threats, for one thing. Not long after he linked up with North Korea’s account, which goes by @uriminzok (or “our nation”), Dushku says he started getting angry messages from exiles and South Koreans. Since then, he has mostly kept a low profile, just to be safe, although he does occasionally grant interviews to foreign publications. For its part, North Korea gets a rare glimpse at the outside world through Dushku, as his is the only account North Korea follows that is regularly updated — the other two haven’t tweeted in months. He’s also the only human being in the bunch.

Will @JimmyDushku and @uriminzok ever meet in real life?
That’s always the question for acquaintances who meet online, isn’t it? Dushku says his friendly relationship has won him a standing offer to visit North Korea. Casual observers, however, advise him to proceed with caution. “Am I the only one thinking they picked some random guy so they can lure him into North Korea and use him as a political prisoner/bargaining chip?” one commenter at Gizmodo said. Another suggests that Dushku play it cool, without making Pyongyang angry, saying, “Never unfollow anybody with nuclear weapons.”

Sources: Austinist, CNN, Gizmodo, Mother Jones

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Depardieu skips court to set up Strauss-Kahn role

PARIS (Reuters) – French film star Gerard Depardieu skipped a court hearing on drink-driving charges on Tuesday as he pursued a headline-grabbing world tour that has seen him set up an alleged tax haven home in Belgium and pick up a passport in Russia.

The garrulous actor’s lawyer said he had missed the hearing in Paris because he was now in Montenegro for meetings about a film in which he will play disgraced former IMF chief Dominique Strauss-Kahn.

He was not obliged to attend the pre-trial hearing, but the no-show means the case will turn into a full trial, guaranteeing another day in the spotlight for Depardieu, already caught up in a public row with French authorities over his tax status.

It could also lead to the 64-year-old star of “Cyrano de Bergerac” and “Asterix and Obelix” getting a tougher sentence if convicted – in theory up to two years in prison.

“Despite wanting to be there and meet the judges and in no way to escape justice, Gerard Depardieu absolutely could not be present,” his lawyer Eric de Caumont told a scrum of reporters outside the Paris courtroom on Tuesday.

He said Depardieu was in Montenegro negotiating a deal for the film about Strauss-Kahn, who was seen as the next president of France until a U.S. sex scandal ended his career.

Depardieu also met Montenegrin Prime Minister Milo Djukanovic, who suggested he might become a cultural ambassador for Montenegro.

Asked if that meant he planned to add Montenegrin citizenship to his growing list, Depardieu said: “I’m not collecting passports …

“If I got a Montenegrin passport it would be without personal gain. But … I’m honored by the idea that I could be a Montenegrin cultural ambassador to the world.”

HIGH TAX POLICY

Depardieu’s actions have guaranteed international coverage of a high-tax policy by France‘s Socialist government that has seen a stream of wealthy citizens seek exile.

His purchase of a house in Belgium last month spurred accusations that he was trying to avoid tax.

Prime Minister Jean-Marc Ayrault called the move “pathetic” and unpatriotic, and Depardieu’s acceptance of a Russian passport last week provoked even fiercer charges that he had abandoned his homeland.

Russia has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.32 million) that President Francois Hollande wants to levy in France.

Actor-director Mathieu Kassovitz, best known abroad for his role in the whimsical movie romance “Amelie”, said on Monday he understood those fleeing high taxes and that he also planned to quit France because of a lack of financing for films.

Depardieu denied on Monday that he was leaving France for tax reasons.

“I have a Russian passport, but I remain French and I will probably have dual Belgian nationality. But if I’d wanted to escape the taxman, as the French press say, I would have done it a long time ago,” he said.

Depardieu is a larger-than-life figure who began his long career playing thugs and drop-outs before moving on to leading-man roles in films like the romantic comedy “Green Card”.

The actor is accused of crashing his scooter in Paris with more than three times the legal limit of alcohol in his blood. No one else was injured in the accident.

By skipping the pre-trial hearing, he missed out on the chance to strike a bargain with prosecutors.

A few months before the scooter incident, a car driver accused Depardieu of assault and battery during an altercation in Paris. Last year, the actor outraged passengers on an Air France flight by urinating into a bottle in the aisle.

(Additional Reporting by Thierry Leveque and Catherine Bremer in Paris and Petar Komnenic in Podgorica; Editing by Mark John and Kevin Liffey)

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Flu Widespread, Leading a Range of Winter’s Ills

It is not your imagination — more people you know are sick this winter, even people who have had flu shots.

The country is in the grip of three emerging flu or flulike epidemics: an early start to the annual flu season with an unusually aggressive virus, a surge in a new type of norovirus, and the worst whooping cough outbreak in 60 years. And these are all developing amid the normal winter highs for the many viruses that cause symptoms on the “colds and flu” spectrum.

Influenza is widespread, and causing local crises. On Wednesday, Boston’s mayor declared a public health emergency as cases flooded hospital emergency rooms.

Google’s national flu trend maps, which track flu-related searches, are almost solid red (for “intense activity”) and the Centers for Disease Control and Prevention’s weekly FluView maps, which track confirmed cases, are nearly solid brown (for “widespread activity”).

“Yesterday, I saw a construction worker, a big strong guy in his Carhartts who looked like he could fall off a roof without noticing it,” said Dr. Beth Zeeman, an emergency room doctor for MetroWest Medical Center in Framingham, Mass., just outside Boston. “He was in a fetal position with fever and chills, like a wet rag. When I see one of those cases, I just tighten up my mask a little.”

Massachusetts General Hospital in Boston started asking visitors with even mild cold symptoms to wear masks and to avoid maternity wards. The hospital has treated 532 confirmed influenza patients this season and admitted 167, even more than it did by this date during the 2009-10 swine flu pandemic.

At Brigham and Women’s Hospital, 100 patients were crowded into spaces licensed for 53. Beds lined halls and pressed against vending machines. Overflow patients sat on benches in the lobby wearing surgical masks.

“Today was the first time I think I was experiencing my first pandemic,” said Heidi Crim, the nursing director, who saw both the swine flu and SARS outbreaks here. Adding to the problem, she said, many staff members were at home sick and supplies like flu test swabs were running out.

Nationally, deaths and hospitalizations are still below epidemic thresholds. But experts do not expect that to remain true. Pneumonia usually shows up in national statistics only a week or two after emergency rooms report surges in cases, and deaths start rising a week or two after that, said Dr. Gregory A. Poland, a vaccine specialist at the Mayo Clinic in Minnesota. The predominant flu strain circulating is an H3N2, which typically kills more people than the H1N1 strains that usually predominate; the relatively lethal 2003-4 “Fujian flu” season was overwhelmingly H3N2.

No cases have been resistant to Tamiflu, which can ease symptoms if taken within 48 hours, and this year’s flu shot is well-matched to the H3N2 strain, the C.D.C. said. Flu shots are imperfect, especially in the elderly, whose immune systems may not be strong enough to produce enough antibodies.

Simultaneously, the country is seeing a large and early outbreak of norovirus, the “cruise ship flu” or “stomach flu,” said Dr. Aron J. Hall of the C.D.C.’s viral gastroenterology branch. It includes a new strain, which first appeared in Australia and is known as the Sydney 2012 variant.

This week, Maine’s health department said that state was seeing a large spike in cases. Cities across Canada reported norovirus outbreaks so serious that hospitals were shutting down whole wards for disinfection because patients were getting infected after moving into the rooms of those who had just recovered. The classic symptoms of norovirus are “explosive” diarrhea and “projectile” vomiting, which can send infectious particles flying yards away.

“I also saw a woman I’m sure had norovirus,” Dr. Zeeman said. “She said she’d gone to the bathroom 14 times at home and 4 times since she came into the E.R. You can get dehydrated really quickly that way.”

This month, the C.D.C. said the United States was having its biggest outbreak of pertussis in 60 years; there were about 42,000 confirmed cases, the highest total since 1955. The disease is unrelated to flu but causes a hacking, constant cough and breathlessness. While it is unpleasant, adults almost always survive; the greatest danger is to infants, especially premature ones with undeveloped lungs. Of the 18 recorded deaths in 2012, all but three were of infants under age 1.

That outbreak is worst in cold-weather states, including Colorado, Washington, Wisconsin, Minnesota and Vermont.

Although most children are vaccinated several times against pertussis, those shots wear off with age. It is possible, the authorities said, that a new, safer vaccine introduced in the 1990s gives protection that does not last as long, so more teenagers and adults are vulnerable.

And, Dr. Poland said, if many New Yorkers are catching laryngitis, as has been reported, it is probably a rhinovirus. “It’s typically a sore, really scratchy throat, and you sometimes lose your voice,” he said.

Though flu cases in New York City are rising rapidly, the city health department has no plans to declare an emergency, largely because of concern that doing so would drive mildly sick people to emergency rooms, said Dr. Jay K. Varma, deputy director for disease control. The city would prefer people went to private doctors or, if still healthy, to pharmacies for flu shots. Nursing homes have had worrisome outbreaks, he said, and nine elderly patients have died. Homes need to be more alert, vaccinate patients, separate those who fall ill and treat them faster with antivirals, he said.

Dr. Susan I. Gerber of the C.D.C.’s respiratory diseases branch, said her agency has not seen any unusual spike of rhinovirus, parainfluenza, adenovirus, coronavirus or the dozens of other causes of the “common cold,” but the country is having its typical winter surge of some, like respiratory syncytial virus “that can mimic flulike symptoms, especially in young children.”

The C.D.C. and the local health authorities continue to advocate getting flu shots. Although it takes up to two weeks to build immunity, “we don’t know if the season has peaked yet,” said Dr. Joseph Bresee, chief of prevention in the agency’s flu division.

Flu shots and nasal mists contain vaccines against three strains, the H3N2, the H1N1 and a B. Thus far this season, Dr. Bresee said, H1N1 cases have been rare, and the H3N2 component has been a good match against almost all the confirmed H3N2 samples the agency has tested.

About a fifth of all flus this year thus far are from B strains. That part of the vaccine is a good match only 70 percent of the time, because two B’s are circulating.

For that reason, he said, flu shots are being reformulated. Within two years, they said, most will contain vaccines against both B strains.

Joanna Constantine, 28, a stylist at the Guy Thomas Hair Salon on West 56th Street in Manhattan, said she recently was so sick that she was off work and in bed for five days — and silenced by laryngitis for four of them.

She did not have the classic flu symptoms — a high fever, aches and chills — so she knew it was probably something else.

Still, she said, it scared her enough that she will get a flu shot next year. She had not bothered to get one since her last pregnancy, she said. But she has a 7-year-old son and a 5-year-old daughter, “and my little guys get theirs every year.”

Jess Bidgood contributed reporting.

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Jewel-Osco stores to be sold to Cerberus group

Jewel-Osco stores will be sold to a consortium of investors led by Cerberus Capital Management, Jewel's parent Supervalu said today. (WGN - Chicago)

Jewel-Osco stores will be sold to a consortium of investors led by Cerberus Capital Management, Jewel's parent Supervalu said Thursday.

The deal, valued at $3.3 billion, also includes the Albertsons, Acme, and Shaw stores.

The announcement ends months of speculation that all or parts of the troubled grocery chain would be sold to New York-based Cerberus, an investment firm. Supervalu acquired Jewel in 2006 as part of a larger, complex acquisition of the Albertsons company.

Supervalu also reported earnings of $16 million, or 8 cents per share, in the third quarter ended on Dec. 1, compared with a year-earlier loss of $750 million, or $3.54 per share.

Excluding an after-tax gain related to a cash settlement from credit card companies and after-tax charges primarily related to store closures, it earned $5 million, or 3 cents per share.

As part of the deal, which includes $100 million in cash and $3.2 billion in debt, the five grocery chains will be acquired by AB Acquisition, an affiliate of Cerberus. Other investors in the deal include Kimco Realty Corp, Klaff Realty, Lubert-Adler Partners and Schottenstein Real Estate Group.

Following the sale, which is expected to close in the spring, a newly formed entity called Symphony Investors, led by Cerberus, will purchase up to 30 percent of Supervalu's outstanding shares for $4 each, representing a 50 percent premium over the stock's 30-day average. If Symphony cannot acquire at least 19.9 percent of the outstanding shares at that price, Supervalu must issue additional stock.

Wall Street has long expected Eden Prairie, Minn.-based Supervalu to sell some or all of its assets.

Following the deal, Supervalu will consist of its wholesale grocery business, the Save-A-Lot discount chain, and traditional grocery chains like Cub, Shop N' Save and Hornbacher's.

In a call with investors, outgoing CEO Wayne Sales said the deal brings Supervalu "a very strong balance sheet," and the ability to focus on investments in price reductions, fresh produce, and customer experience at its remaining chains. 

The new company is smaller, "with more bandwidth and leadership" to focus on its wholesale business, Save-A-Lot, and its traditional grocery stores, he said.

Sam Duncan, 61, will replace Wayne Sales as CEO. Duncan was CEO of Office Max from 2005 to 2011, and prior to that, was CEO of ShopKo, a Midwestern grocery chain. Five unidentified board members will resign as part of the deal, making room for Duncan, Albertsons CEO Robert Miller, and three new appointees. The size of the board will shrink from 10 to seven.

Concurrent with the announcement, Supervalu announced that it has secured access to a $900 million asset-based credit facility, and a $1.5 billion loan.

This deal ends a long and difficult year for one of the country's largest grocers.

Last April, Supervalu reported a loss of $1.04 billion for fiscal 2012, which included a $519 million operating loss and $509 million in interest expense. Sales also declined 3 percent, to $27.9 billion. In July, the company said it was exploring strategic alternatives, including a sale. Soon after, the company dismissed CEO Craig Herkert, with Chairman Wayne Sales stepping in to helm the troubled grocer.

Cerberus, an investor in the deal to acquire Albertsons in 2006 was long seen as the leading candidate. Last week, rumors that Supervalu was near a deal with Cerberus sent stock soaring nearly 15 percent.

In September, Supervalu said it would 60 underperforming stores, primarily from the Save-A-Lot and Albertsons chains. No Jewel locations were identified at the time. The announcement was particularly troubling to investment community because Save-A-Lot, a hard discount chain, has been Supervalu's primary growth vehicle.

Supervalu has long acknowledged that many of its stores are not price competitive. In 2012, it homed in on Jewel-Osco and the Chicago market. Supervalu surveyed customers and lowered prices throughout the store. When the company reported results for its second fiscal quarter in September, (Supervalu CEO Wayne) Sales said that Jewel had been "competitively priced throughout the store" for about six weeks.

Sales said that the initiative had resulted in "dramatic improvement" in how consumers "think about the quality of products we sell, how they feel about the service they get in various departments" and that the company was pleased with increased unit sales.

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