Appeals court again upholds power of Miami’s Civilian Investigative Panel

An appeals court has struck down a police officer’s challenge to the validity of Miami’s Civilian Investigative Panel — the second time the panel has withstood a legal challenge from police officers in the past five years.

Police Lt. Freddy D’Agastino and the Fraternal Order of Police filed a lawsuit arguing that the civilian panel, which reviews citizen complaints against officers and makes recommendations to the police chief, had no legal authority to investigate officers.

But in a ruling on Wednesday, the Third District Court of Appeal found that the panel neither conflicts with state or local law, nor intrudes on the police department’s power to discipline its officers. The CIP does not have the authority to discipline officers, though it does have the power to subpoena records and witnesses in its own investigations.

The appeals court also upheld the panel’s authority in 2008, when then-Police Chief John Timoney sought to prevent the panel from investigating him.

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Spanish newspaper sorry for “false photo” of Venezuela’s Chavez

MADRID/CARACAS (Reuters) – Spain‘s influential El Pais newspaper apologized on Thursday for splashing a “false photo” of Venezuela‘s cancer-stricken leader Hugo Chavez on its front page, prompting a furious response from the government in Caracas, which vowed to take legal action.

Within minutes of posting the image online as a global exclusive, El Pais said it had discovered from social media that the photo was not of Chavez. It removed it from its website and withdrew its print edition.

Venezuela’s government said the publication of the photo – which showed the head of a man lying down with a breathing tube in his mouth – was “grotesque,” while Argentinian President Cristina Fernandez, a close ally of Chavez, called it vile.

“El Pais apologizes to its readers for the damage caused. The newspaper has opened an investigation to determine the circumstances of what happened and the errors that were committed in the verification of the photo,” the paper said.

Chavez, 58, is fighting to recover in Cuba after undergoing his fourth cancer operation in just 18 months. He has not spoken or appeared in public for six weeks, fuelling speculation about how serious his condition is.

El Pais, one of the world’s biggest Spanish-language publications and an institution both in Spain and in Latin America, said it received the grainy image from the agency Gtres Online, which it said represents 60 other agencies in Spain.

In a statement, El Pais said the newspaper was told it had been taken seven days earlier by a Cuban nurse who was part of Chavez’s medical team, and was then sent to the nurse’s sister, who lives in Spain.

“The agency has acknowledged it was deceived by those who provided the material and will take legal action,” El Pais said.

The photo was on the newspaper’s website for half an hour and also appeared in early editions of the print version that were then pulled from newsstands and replaced with a new edition with a different front page.

In Venezuela, anxious Chavez supporters and opponents alike are waiting for any new picture, video or audio message from the socialist leader, who is famed for filling the airwaves with long-winded speeches, jokes and withering jabs at his foes.

NO SIGHT OF CHAVEZ

Officials say his condition is improving after he suffered multiple complications, including unexpected bleeding and a severe respiratory problem following the December 11 surgery.

But, in contrast to Chavez’s previous visits to Havana, officials have not published any evidence of his condition. In 2011, with great fanfare, they broadcast video footage of him reading a newspaper, walking in a garden, and chatting with his friend and mentor, Cuba’s ex-leader Fidel Castro.

In the absence of such proof this time, many Venezuelans are questioning the terse official bulletins and suspect Chavez’s extraordinary 14 years in power could be coming to an end.

The president has never said exactly what type of cancer he has, only that the initial tumor found in mid-2011 was in his pelvic area and was the size of a baseball.

Venezuelan opposition leaders have long accused the government of secrecy over his illness, while supporters accuse “bourgeois” local and foreign media of being in league with the opposition to spread rumors he is at death’s door.

The handling of information relating to Chavez’s health has become as contentious as the man himself, and his administration’s updates have been confusing and contradictory.

The government says it has never been more transparent. It described El Pais’s publication of the picture – a screengrab from an unrelated 2008 video – as part of efforts by far-right political forces to attack Chavez’s self-styled revolution.

It said it would take appropriate legal action, and that the newspaper’s apology to its readers was not enough.

“Neither their disgusting photos nor their systematic campaigns will stop the president’s advance,” Information Minister Ernesto Villegas told a news conference in Caracas.

“Would El Pais publish a similar photo of a European leader? Of its director? Sensationalism is valid if the victim is a revolutionary ‘sudaca’,” he added, using a pejorative term that is sometimes used in Spain to refer to Latin Americans.

(Editing by Eric Walsh)

(This story was refiled to correct the spelling of Venezuela in the headline)

Internet News Headlines – Yahoo! News

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Nicolas Cage Superman Lives Kickstarter Documentary

Director Zack Snyder and producer Christopher Nolan are putting the finishing touches on their big-budget Superman reboot, Man of Steel, which flies into theaters this June. As buzz around the return of the Son of Krypton continues to grow with Henry Cavill in the title role, many non-film geeks may be unaware that in the late '90s there was a major Superman film in the works that never got off the ground – with a first draft script written by Kevin Smith, directed by Tim Burton, and starring Nicolas Cage as the man in the red cape. Yep, you heard that right.

Pics: 13 Must-See Movies of 2013

Metalocalypse director and Grimm Fairy Tales producer Jon Schnepp is a man obsessed with this film that never got made -- just before Superman Lives was set to start filming in 1997, production was shut down on – and now he's attempting the second-best thing to seeing the final film: He's putting together a documentary chronicling the movie that never was with the help of Kickstarter called The Death of Superman Lives; What Happened?

"For whatever reasons, it all fell apart right before they started shooting," says Schnepp. "It's a bummer, I mean, especially looking at it like almost 15 years later, we could've had the weirdest Superman movie ever made. The weirdness level of this Superman movie beats any superhero film that's ever been made."

After the huge, successful re-launch of the Batman franchise in the early '90s with Michael Keaton in the title role, Warner Bros. was keen to get Burton on board to resurrect their Superman franchise, which had lost steam after four Christopher Reeve movies (WB was only loosely associated with 1987's Superman IV: The Quest for Peace) a decade before. Much like how they recently got The Dark Knight trilogy producer Christopher Nolan on board to produce Snyder's Man of Steel, WB execs believed Burton had the magic touch.

But Burton's vision was perhaps a little too eccentric for the very "Boy Scout" Superman franchise, envisioning bizarre black, rainbow-colored and electrical circuitry suits; drooling, scaly monsters; skull-shaped spaceships; and a Superman who didn't even fly. Brainiac was intended to be the main villain, with a disembodied head connected to a spidery robotic apparatus, no doubt the influence of former Batman and Batman Returns producer Jon Peters, who was obsessed with spiders.

Video: New 'Man of Steel' Trailer Soars!

Of course, we all know that Warner Bros. eventually entrusted the Superman franchise to X-Men director Bryan Singer, whose Superman Returns fell short of box-office expectations in 2006 and failed to yield a new series. Meanwhile, Nic Cage named his own son after Superman, with little Kal-El born in 2005, and Burton went on to make a string of remakes and franchise adaptations to varying degrees of success -- but never took on another major comic book superhero.

The enthusiastic Schnepp is hoping to interview the key artists involved with the Superman Lives movie that never happened, and if his Kickstarter campaign exceeds his budget goal, he plans to use the money to film a few actual scenes from the film that never saw a frame of exposed celluloid. Pretty cool idea, eh?

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Caught: Suspect who escaped during bathroom break nabbed in Bronx

They finally flushed out this fugitive!

A murder suspect who escaped from a Brooklyn police precinct yesterday by asking a cop for a bathroom break was captured today by cops hiding out in a friend’s Bronx apartment, the NYPD said.

Brandon Santana, 24, was apprehended at 3:15 p.m. at 3930 Third Avenue by NYPD officers and the Regional Fugitive Task Force, about 37 hours after he ran, un-handcuffed, from the 78th Precinct in Park Slope after knocking down a cop escorting him to the toilet.

Police said that the girlfriend of Santana’s friend opened the door when they arrived, and she told them that a pal of her boyfriend was staying there.

NYPD

Brandon Santana, escaped during bathroom break.

Cops found Santana standing in the bedroom, and took him into custody without incident, according to the NYPD.

Santana is suspected of repeatedly bashing 22-year-old dad-to-be Alexander Santiago with a lead pipe during a gang assault on the man and three of his friends at 12th Street and Fifth Avenue in Park Slope on Aug. 1, 2010.

After Santana’s latest arrest today, Santiago’s girlfriend Stephanie Mercado, told The Post, “'I hope the cops keep him tight, and don't let him get away.”

“No bathroom breaks this time,” Mercado said. “And now that they have him we want them to get the rest of the cowards. I want justice."

Santana’s apprehension was the second time in the past week he was caught by cops.

He had been hiding out with a relative in Iowa, but returned to the city this week – and was promptly caught by cops who wanted to arrest him for Santiago’s murder.

Detectives questioned Santana at the station house Wednesday night, and then left at the end of their shift at 1 a.m. yesterday, expecting to put him in a witness lineup later.

An hour later, after he had been placed in a first-floor holding cell, Santana asked the officer minding him if he could use the bathroom.

When the cop opened the cell door, Santana — who was not handcuffed — shoved the officer, knocking him to the ground, and ran straight out of the station house, law-enforcement sources said.

One cop behind the front desk jumped over it to chase him, but hurt himself in the process, sources said.

A lieutenant also went after Santana but couldn’t catch up, sources said.

“It’s like they gave us justice, then took it away,” said Anaisa Santiago, Alexander’s 15-year-old sister yesterday.

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Economist: Euro crisis could erupt again this year

DAVOS, Switzerland --
Is the euro crisis over? A leading U.S. economist says not by a long shot.

Even as the head of the European Central Bank talked Friday of “positive contagion” in the markets and predicted an economic recovery for the recession-hit eurozone later this year, economist Barry Eichengreen warned that the debt crisis that has shaken Europe to its core could easily erupt again this year unless European leaders move faster to solve their problems.

While European governments and markets have been breathing easier in recent months after years of turmoil, it’s no time for complacency, said Eichengreen, a professor at the University of California - Berkeley who has chronicled the Great Depression and explored the consequences of a breakup of the euro currency.

“Nothing has been resolved in the eurozone, where markets have swung from undue pessimism to undue optimism,” Eichengreen told The Associated Press in an interview at the World Economic Forum in Davos, Switzerland, an annual gathering of corporate and government leaders. “They said all the right things last year … and they’ve been backtracking ever since.”

He urged eurozone leaders follow up on its proposals to steady its banking system and keep failed banks from adding to government debt through expensive bailouts.

European leaders in Davos this week are seeking to reassure investors and corporate leaders that the continent is on the mend after its punishing debt crises.

European Central Bank chief Mario Draghi on Friday forecast a recovery in the eurozone economy in the second half of the year, and spoke of “a new restored sense of relative tranquility” and “positive contagion on the financial markets.”

But he acknowledged “we don’t see this being transmitted into the real economy yet.”

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Miami Dolphins assemble familiar faces for lobbying team, many with ties to Mayor Carlos Gimenez

The Miami Dolphins’ lobbying team looks like a reunion of Miami-Dade Mayor Carlos Gimenez’s campaign brain trust.

To push for a $400-million stadium renovation funded in part with tax dollars, the Dolphins have enlisted three key figures from Gimenez’s recent election races: Marcelo Llorente, Brian Goldmeier and Jesse Manzano-Plaza.

Llorente, who became a frequent presence on the campaign trail after losing his own mayoral bid, has been hired as one of the Dolphins’ Tallahassee lobbyists. Goldmeier, Gimenez’s fundraiser, and Manzano-Plaza, a former Gimenez campaign manager, have been brought on as advisers to help drum up community support for the Dolphins’ plan.

The three men’s participation could indicate a calculated effort on the Dolphins’ part to appeal to the mayor, whom Miami-Dade commissioners tasked on Wednesday with negotiating a potential deal with the football team. Gimenez was a stubborn critic of the lopsided public financing deal for the new Miami Marlins ballpark in Little Havana — a position that helped the former commissioner in his campaign for mayor.

Gimenez dismissed the suggestion that a particular lobbying or campaign team could curry favor with his office.

“If anybody knows me, you can hire whoever you want. At the end of the day, I work for the people of Miami-Dade County — that’s who pays my salary,” he said in an interview Thursday. “I’m pretty black-and-white about things like that.”

Gimenez, who said he was unaware of Llorente’s and Manzano-Plaza’s involvement with the Dolphins, said his former election workers are successful in their own right.

“They’re very good at what they do, and they’re professionals,” he said. “I would hope that’s why the Dolphins hired them. In terms of me, that makes no difference.”

Goldmeier, Llorente and Manzano-Plaza are part of a larger team, led by Dolphins CEO Mike Dee, hunting for votes among state lawmakers and county commissioners, who would have to sign off on the football team’s request to raise a Miami-Dade mainland hotel tax to 7 percent from 6 percent and to receive a $3 million annual subsidy from the state. The funds would amount to some $199 million, about half the cost of proposed upgrades to Sun Life Stadium in Miami Gardens.

Voting 9-4, commissioners on Wednesday endorsed state legislation that would allow the county to raise the hotel tax — an early victory for the Dolphins, who are having to stare down criticism of the Marlins deal. Commissioners directed Gimenez to negotiate with the Dolphins. The mayor said talks would begin soon, led on the county side by deputy mayors Ed Marquez and Jack Osterholt.

“If the public is going to be investing money via a bed tax — which is tourist money, but still public money — then what are we going to be getting in return? Why should we be investing public money into the enterprise?” Gimenez said. “I know we’re not going to put the general fund at risk in any way, shape or form. There’s not going to be any fancy financing.”

His administration will likely hire outside consultants with expertise in negotiating with professional sports teams, the mayor added.

“I don’t want to be at a disadvantage,” he said. “So it may be that we come to some kind of framework — and maybe we don’t.”

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Nintendo Reaches into Wii U Grab Bag, Pulls Out Some Vague, Some Fascinating Promises

It’s been a ho-hum 2013 for Nintendo’s Wii U so far: some carry-over posturing about scads of “launch window” titles, but less than a handful of games with bankable release dates. When I checked the hopper for January, February and March, I counted four, maybe five Wii U titles with firm dates, all of them least a month or two off.

That’s not how you move systems, and Nintendo ran damage control Wednesday morning by trotting out company president Satoru Iwata in a broad-ranging (and reaching) “Wii U Direct” video effort to soothe jittery system owners and would-be buyers still waiting for slam dunks. Call it Nintendo circling its wagons…or maybe just an “if you squint you can make it out on the horizon” wagon-train parade.

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“In past Nintendo dialogues, we have focused more on games releasing in the near future, but it’s still early in 2013, so I’d like to change the format a little bit,” said Iwata before launching into a sneak preview of what Nintendo has cooking.

For starters, Iwata says the Wii U will see at least two major system updates this year: one in the spring, another during the summer. Arguably the most important of these involves a desperately needed fix for the crazy-long time it takes to launch apps or reload the Wii U Menu — a process that can take up to 30 seconds. Imagine if each time you backed out of an iOS app it took half a minute to bring up iOS’s icon overlay. That’d be insane, and it’s a shame quality control didn’t view load times as prohibitive enough to remedy before the launch in November. Thank goodness Nintendo’s working to put things right.

Iwata also mentioned finally debuting the long-awaited Wii U Virtual Console – Nintendo’s vehicle to sell old-school NES and Super NES games – just after the spring system update. The Virtual Console’s been missing in action since the Wii U launched, despite its longstanding availability on the original Wii. That, according to Iwata, is because Wii U Virtual Console games are poised to offer features their Wii counterparts didn’t, like being able to save backups of your game progress, the option to play away from the TV on the Wii U GamePad, access to Miiverse communities for these older games and support for additional platforms like the Game Boy Advance (never released on the Wii Virtual Console).

If you’ve already purchased the Wii Virtual Console version of a game, it sounds like you’ll have to pay again, though Nintendo says you’ll get “special pricing”: regularly priced games will run $ 5 to $ 6 (NES) or $ 8 to $ 9 (SNES), with those prices dropping to $ 1 and $ 1.50, respectively, if you bought the game for Wii Virtual Console. It’s better than no discount, I suppose, and Nintendo can probably justify the nominal buck to buck-and-a-half for research and development on the Wii U Virtual Console’s extras (it’s certainly taking the company long enough to pull everything together).

If you’d rather not wait for spring, Nintendo’s running a beta dubbed “Wii U Virtual Console Trial Campaign”: Between January and July, Nintendo will release a classic title every 30 days for $ 0.30 a pop (Nintendo’s tied the pricing and release timeframes in with the original Famicom‘s 30th anniversary in Japan, coming up this July). After July, the prices of the discounted titles will bounce back to normal, but you’ll be able to buy them at the reduced price if you participated in the beta. The games list is none too shabby, either: Balloon Fight, F-Zero, Punch-Out!!, Kirby’s Adventure, Super Metroid, Yoshi and Donkey Kong.

Wii U Virtual Console sounds like a clever little diversion for Nintendo wonks, but let’s not forget how fuzzy these games look nowadays on resolution-locked flat-screens. It’s not that I want high-res versions — these things are what they are at their native pixel counts — but you wouldn’t lay wax paper over a Monet, would you?

(MORE: A Helpful Reminder That Rumors Are Not Facts)

Let’s cut to the chase: Nintendo fans want to know where the next Zelda game is, what comes after Super Mario Galaxy 2, when they’ll be able to sample the Wii U’s take on Mario Kart, what’s up with the next Super Smash Bros. game and so forth.

Iwata confirmed that Nintendo won’t offer new games in January or February and apologized for this, but said “Nintendo takes seriously its responsibility to offer a steady stream of new titles in the very early days of a new platform to establish a good lineup of software.” Why the delay? Because, says Iwata, “We firmly believe we have to offer quality experiences when we release new titles.” No argument there.

What’s coming between spring and summer? Iwata identified several titles: Game & Wario, Wii Fit U, Pikmin 3, LEGO City Undercover and The Wonderful 101. But don’t get too excited: These were originally slated to hit by March.

We also caught another glimpse of Bayonetta 2 (as well as the female protagonist’s backside), heard a bit about Super Smash Bros. U and why it’ll probably be a while before we see it (screens at E3), and then Iwata talked about, well, a bunch of stuff we already knew was in the offing: a new unnamed Super Mario game by the team that developed the Super Mario Galaxy and Super Mario 3D Land platformers, a new Mario Kart racer (both set to be playable at E3) and a new Wii Party game (Iwata showed video of someone shaking a Wii U GamePad to roll dice as well as two players using a GamePad like a mini-foosball table).

More intriguing were the two unannounced new games, like one from the developers behind Kirby’s Epic Yarn starring Yoshi (a kind of sequel to Yoshi’s Story for the Nintendo 64) or — wait for it JRPG wonks — a Shin Megami Tensei / Fire Emblem crossover from Atlus.

Last but not least, Iwata revealed the company’s plans for Zelda on the Wii U. The really good news: Nintendo says it’s planning to “rethink the conventions of Zelda,” tinkering with tenets like dungeon linearity and solo play. The merely good news: Nintendo’s remastering Zelda: The Wind Waker in HD for the system and tweaking the gameplay. The bad-good news: You’ll probably have to wait a long time for the new Zelda, but you’ll get The Wind Waker HD by “this fall.”

But the best news of all, from where I’m sitting: Taking a page from Apple, Iwata closed by invoking “one more important topic”: a new Wii U game from Monolith Soft, the company responsible for Xenoblade Chronicles, the best roleplaying game on any game system released in…well, when was Final Fantasy XII released? Has it been seven years already?

All told, a mixed performance from Nintendo, but here’s the thing: However vague much of the information in Iwata’s presentation was, I love the dignified, spare, wonderfully thorough way Nintendo’s chosen to address its audience lately. By contrast, I feel like a need to shower after watching most Microsoft/Sony pressers.

MORE: Sony Xperia Tablet Z Aims for ‘World’s Thinnest’ Crown

Gaming News Headlines – Yahoo! News

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LeAnn Rimes' Fashion Transformation

Following the debut of her new hairstyle on Tuesday's Jimmy Kimmel Live!, we're with LeAnn Rimes as her closet gets a major adjustment at the hands of stylist Mary Alice Haney.

PICS: LeAnn Rimes Defends Self with Teeny Weeny Bikini Photos

Haney, who is working with the singer as a part of a one-hour special called Celebrity Closet Confidential, explains that while Rimes has always been able to pull off a sexy outfit, it's Haney's hope that she'd find a more refined style without losing her allure.

"LeAnn's wedding dress had exactly the right amount of sexiness and sophistication," Haney said. "I want to take that and incorporate it in every other aspect of her fashion life."

The gown Rimes wore during her 2011 "I do's" with Eddie Cibrian was inspired by the Grammy dress she wore just weeks before the ceremony.

"Eddie makes me feel sexy and sensual, so I really wanted to bring that off in the dress," Rimes said.

RELATED: LeAnn Rimes & Eddie Cibrian Get Married!

The new looks Haney settled on included creations by Bottega Veneta, Missoni and Tom Ford.

Celebrity Closet Confidential airs January 30 on Style Network.

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Bronx detectives snare 14 in gun sales investigation

These Bronx detectives don’t have supernatural powers — but two operations, including one called Ghostbusters, took down fourteen people in a gun sales investigation today, authorities said.

Ringleader Reinaldo Romero, 27, who gave the operation its name because of his alias ‘Caspa,’ and other crooks affiliated with him allegedly sold 55 guns to undercovers—including seven assault rifles, police said.

Romero sold the weapons out of a Soundview barbershop he owned called Kache on Westchester Avenue, as well as out of his Van Nest home, to cops between April 2011 and November last year.

Most were loaded, and the assault rifles came with 30-round magazines. Some were brand-new, others were used. They were sold in the South Bronx, Soundview, and Baychester, authorities said.

The guns initially came from Ohio, but started coming in from Baltimore last year. “These guns are coming out of state,” said Detective Charles Lennon, the lead investigator on the case. The case started when police received a tip about the gun ring in Brooklyn.

The assault rifles sold for $1400 a pop, while pistols went for $900, cops said.

“They would have gone into the streets of the Bronx," said Lennon.

Romero was charged with first-degree sale of a firearm, authorities said.

Angel Plass, 31, who went by the alias ‘Acura’ was extradited from East Lake, Ohio and arrested Tuesday, police said. He was charged with criminal sale of a firearm, in the third degree.

Elvis Montero, 25, was also extradited from Baltimore, and charged with criminal sale of a firearm, in the third-degree.

Four other people were arrested in a second investigation where they sold 85 guns from George and Virginia to an undercover detective.

“We appreciate the hard work of the NYPD in apprehending these alleged peddlers of illegal and often deadly weapons,” said Bronx District Attorney Robert T. Johnson.

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Cinelatino and WAPA part of new company

A private equity firm hopes Wall Street will be simpatico with some leading Spanish-language media companies.

InterMedia Partners has transferred three of its Latin media holdings into a placeholder of a publicly traded company called Azteca Acquisition Corp. The move of Cinelatino, WAPA America and WAPA TV gives investors quick access to Wall Street and the ability to trade sell shares in the new company. The deal is valued at $400 million, and InterMedia will remain the primary owner of the new company, according to a release.

The company will be called Hemisphere Media Group and will have corporate headquarters in the Miami area. The merger of the Spanish-language cable movie network (Cinelatino), Spanish-language cable network targeting the U.S. Puerto Rican market (WAPA America), and the Puerto Rico broadcast network (WAPA TV) will not affect operations at the three businesses, a spokesman said.

Hemisphere will apply to be traded on the NASDAQ stock exchange. Alan Sokol, a senior InterMedia partner and former COO of Telemundo, will be CEO of the new company.

DOUGLAS HANKS

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