Judge weighs delay in Penn St. whistleblower suit

HARRISBURG, Pa. — A judge plans to rule within two weeks on Penn State's request to delay the whistleblower and defamation case filed by former assistant football coach Mike McQueary.

Judge Thomas Gavin's ruling comes after a hearing Friday at the Centre County Courthouse in Bellefonte.

The university wants the case delayed until after the January criminal trial of two former university officials.

McQueary's lawyer says the case should get started while the charges against ex-athletic director Tim Curley and former vice president Gary Schultz proceed. Former school President Graham Spanier has also been charged.




AP



Joe Paterno, right, and assistant coach Mike McQueary in 2009.



The three are charged over their handling of abuse complaints involving convicted ex-assistant football coach Jerry Sandusky.

Meanwhile, another Centre County judge has delayed post-trial arguments in Sandusky's sex-abuse case until January, after both sides file briefs next month.

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Miami City Commission slams administration over surprise $45 million budget surplus




















Union leaders asked the city of Miami to reopen contract negotiations Thursday, one day after the city’s budget team announced it had discovered a surprise $45 million surplus.

“You told us to dig into our pockets and we did — for four consecutive years,” Fraternal Order of Police Vice President Javier Ortiz told the city commission, noting that the unions had agreed to millions in employee concessions because the city was projecting a $40 million budget shortfall.

“Now that apparently times are good and we have $45 million, direct the manager to meet with us and reopen our contracts,” Ortiz said.





Mayor Tomás Regalado said he wants City Manager Johnny Martinez to sit down with the unions after Thanksgiving.

“Maybe we can use a little of the money to buy new uniforms or police cars or fire trucks,” Regalado said. “But to say that we are going to restore every concession, to me, that would be irresponsible.”

City administrators are recommending that the bulk of the surplus be stashed in reserves, which remain below the $93 million balance required by a city ordinance.

“Most of this [surplus] money is not recurring,” Regalado said. “If we were to use that money for raises and benefit, we will fall into the same downward spiral that the city was in many years ago.”

While commissioners said they were pleased to have more money than was projected, they did not give the administration a pass for dramatically underestimating the final balance for the past fiscal year. Budget Director Danny Alfonso had initially forecast a budget surplus of $8.5 million.

“I feel like I’ve been played,” Commissioner Michelle Spence-Jones said. “How do you all of a sudden find $45 million?”

Spence-Jones said budget and finance officials should have said something over the summer when city leaders were negotiating employee concessions to balance the budget. She stormed off the dais after making her comments.

Alfonso took responsibility for the change in numbers, saying he had been too conservative with his revenue and expense projections.

“In my heart, there was no attempt to deceive anyone,” he told the commission.

Alfonso said the budget surplus was more likely to be around $37 million after several final transactions posted.

Martinez, the city manager, conceded that the administration “could have managed expectations a little better.”

“There was no plot,” he said. “Maybe we were not at our best with our projections, but there was no attempt to defraud or mislead anybody.”

Regalado said he did not expect anyone to be fired for the mistake.

“I stand 100 percent behind Danny Alfonso and the way that he runs his department,” he said. “I stand behind the manager. He is doing the right thing.”

The surplus will likely come up again later in the meeting, when the commission discusses a proposed $45 million bond issue. The money is needed to pay off a short-term loan that financed Miami’s share of the PortMiami tunnel dig.

Commissioner Frank Carollo said he wants to know how the surplus will affect the bond offering.

In other business, the commission extended the agreement that allows Scotty’s Landing restaurant and Grove Key Marina to operate on city-owned property in Coconut Grove.

The 35-year lease for the eatery and marina expired earlier this year, and the city sought proposals from businesses interested in taking over. But administrators halted the bid process in July, citing procedural irregularities.

“The reason why we’re here is because there was a disastrous process that ensued,” Commission Chairman Francis Suarez said.

Director of Public Facilities Henry Torre said he plans to get started on a new bid process later this month. Because the property sits on the waterfront, any new contract must be approved by public referendum.

Until then, Scotty’s Landing and Grove Key Marina will be able to operate under an agreement that can be revoked for any reason with 30 days notice.

The commission approved the agreement 4-1, with Carollo voting in opposition.

Vice Chairman Marc Sarnoff, whose district includes the Grove, urged city administrators to move forward with the new bid process as quickly as possible.

“I can foresee no set of circumstances, unless it is Hurricane Sandy reemerging, for me to kick this can down the road, and I am going to hold this administration responsible,” Sarnoff said. “Now it’s time to get this done.”

The deal has been particularly controversial because $2.5 million in back property taxes are owed on the site. Both Scotty’s Landing and the city of Miami have refused to pay. The business owner says his lease exempts him from property taxes.

The Miami-Dade tax collector had initially planned to go after the restaurant and marina. But the collector is now asking a judge to decide if the city or the restaurant is responsible.





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Amber Riley Talks The Cotton Club Debut Album

Last night, Amber Riley made her New York City Center debut in their limited run production of Cotton Club Parade, which is returning for seven performances through November 18. In the show, which is a Broadway-style revue that celebrates Duke Ellington's years at the famed Harlem nightclub in the 1920s, Riley gets to showcase the simply sublime skillset she's been honing since birth.

ETonline caught up with Riley this morning to find out how opening night went, what it means to be part of this iconic production and how it will inform the hotly anticipated next phase of her career!

ETonline: How are you feeling after last night's debut?

Amber Riley: Amazing! This has been a life changing experience. I had no idea how much I really loved the stage. I've been bit by the Broadway bug.

ETonline: Why did you want to be a part of this production?

Riley: First, having Wynton Marsalis' [musical director] name attached to it and getting the opportunity to meet him was number one. I am obsessed with The Cotton Club era, Duke Ellington's music and everything that happened there. Dianna [Agron] actually got me a record player for my birthday, and all I listen to it is Duke Ellington, Lena Waters, Lena Horn and Dorothy Dandridge. All those wonderful singers. I'm just obsessed with that era – even the costumes, it was such a glamorous time.

PHOTOS - Celebrities Who Were In Glee Club

ETonline: What's your favorite part of the show?

Riley: I actually get to do Sunny Side of the Street! Ella Fitzgerald did my favorite version of that particular song. But I didn't expect it would be so hard to learn. That style of music isn't exactly my forte, and it's a lot harder because everything is so intentional in the way they wrote this music. The notes, the intervals and the places I would naturally go to are not in there, but it's important to the music to sing those notes. I actually get to dance and I'm just living on that stage when I do that number. During that song, I feel like I am really doing something.

ETonline: How does this compare to the Glee tour?

Riley: It's almost the same thing. Once you're out there, there's no "cut!" The tour was on a larger scale, but I've never danced as hard as I do in this. I break it down a little bit. People are going to be really surprised. I heard people in the audience go, "Oh?!?" It was hilarious.

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ETonline: Is that the goal with this next phase of your career; to show them there's more to you than just Mercedes?

Riley: Yeah. I loved playing Mercedes on Glee; she's a fun character to play and I got to sing the diva songs, but I get to play an adult here. Even though I'm just singing in Cotton Club, I'm also acting in it. There's a story with my character. I feel completely different from Mercedes when I'm doing this. I feel like a woman and it's amazing.

ETonline: You're also working on your debut album, how has that process been?

Riley: It's been really fun. I've been recording since I was 10 years old, so when I started Glee, I think I was the most experienced in the recording world, so to be doing my own album now is like home. I'm working with producers and writers I've admired for such a long time. My dream was to have people see my life point of view through my writing so I'm really excited for everybody to hear what I'm doing.

ETonline: How do you describe the album?

Riley: It's not done yet. I found my sound, but in the middle of doing Glee and everything else, you have to pick up and stop [recording]. It's a classic R&B album. There’s a pop sensibility to it, there are some easy listening songs, but I want to take it back to that old school R&B sound. We've lost that a little bit in music today. Everything has been pop, which is great too -- I love listening to a great pop song I can just snap my fingers and dance to in the club, but R&B is where my heart is.

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ETonline: You have two more episodes of Glee that have yet to air, and whether or not Mercedes continues to pop up, what will it have meant to you to have been a part of this show?

Riley: It sparked my love for music and gave me a thirst to understand different genres of music more. Not just be in a box as to what I can sing, what I can listen to and what I enjoy. Glee gave me such a thirst for music knowledge. It was a catapult for my career and it's shown me in so many different lights, it's given me the avenue to go anywhere I want in my career. Not a lot of people get that opportunity on TV. A lot of people get pigeonholed because they play one particular thing. I think people see me as an actress on the show, they see me as a singer on the show, they see me as a dancer on the show, so they can see me on Broadway and they can see me as a solo artist. Glee gave me the opportunity to show all the different parts of myself.

For more information on Cotton Club Parade, click here!

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Builders trade groups merge in South Florida




















The Florida Atlantic Building Association was created recently through a merger of the Builders Association of South Florida, which was active in Miami-Dade and Broward Counties, and the Gold Coast Builders Association, which focused on Palm Beach County.

The new regional trade group, focused on government affairs issues that affect builders in South Florida, from Palm Beach to the Florida Keys, will hold an installation meeting for officers and directors Nov. 30 at the Fort Lauderdale Museum of Art.

Florida Atlantic Building Association is affiliated with the Florida Home Builders Association and National Home Builders Association.





Ben Solomon, vice president and general counsel of the new trade group, which has more than 300 members, said the merger, coming on the heels of hard times in construction, provides economies of scale and a larger coverage area for builders and related professionals. “It’s an opportunity as the market rebuilds to associate with a strong association,’’ he said.





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Service dogs help military veterans with injuries seen and unseen




















As Diego Hurtado gently toyed with his dog’s ear, he recalled jumping out of a plane at 2,000 feet, then freefalling when his parachute failed to open.

He tightly held the dog’s ear in his palm as he recalled the mid-air collision of two aircraft at Pope Air Force Base, North Carolina, that spilled fuel and debris on the base, killing 24 fellow paratroopers and injuring countless others.

Hurtado’s dog Rex, a nearly 80-pound yellow Labrador-golden retriever mix, may seem like any other four-legged canine.





But Rex, 3, is also a service dog trained to help Hurtado cope with post-traumatic stress disorder as well as with the service-related physical injuries.

“With Rex I have been able to reduce my anti-depressants by more than half,” said Hurtado, 51, a sergeant first class who served in the Army for 20 years. “I am able to go to a lot of places I was not able to go to at all.”

Like many other veterans who struggle with PTSD and physical injuries, Hurtado turned to man’s best friend for help. Nonprofit organizations across the country provide dogs to veterans to help servicemen and servicewomen cope with their injuries, both physical and emotional.

Kendall resident Jose Moran received his German shepherd, Jana, from the same organization as Hurtado: New York-based America’s VetDogs.

Coral Springs resident and Iraq war veteran Moises Castro turned to Florida-based Dogs 4 Disabled Veterans for his pit-boxer mix, Salsa.

Both organizations train the dogs to match the personality and needs of each veteran and provide the dogs for free.

Castro, 47, served in Kuwait during the Iraq War as a U.S. Navy petty officer second-class. Once he came back, his anxiety, due to PTSD, was high, especially when he would go into crowds. To add to that, in 2010 he had a brain tumor removed, leaving him with sporadic seizures.

For two years, he barely left his home.

Then along came 2-year-old Salsa with white paws.

She has been trained to sense when Castro is about to get a seizure.

“She just knows it before I do,” he said, adding that during a seizure she licks his face to comfort him.

And when the two enter a big crowd that may induce anxiety, she veers him away.

“Then she keeps looking at me to make sure everything is OK,” said Castro. “She has given my freedom back to me.”

During Moran’s service in the U.S. Army as a sergeant first class, his vehicle ran over an explosive device in Sadr City, Iraq, a suburb of Baghdad The impact crushed one of the disks in his spine and his left knee.

“I don’t really remember too much,” said Moran, 45. “I heard a pop and I was out.”

After returning to South Florida, it was not easy to return to civilian life. Sometimes he did not eat for a week because his PTSD caused him so much anxiety in crowds that he avoided going to the grocery store.

“It got pretty bad there for awhile,” he said. “As bad as you can get without crossing the line.”

Three years ago he got Jana, who has been trained to sense Moran’s anxiety levels and knows when the two are about to walk into an uncomfortable situation.

“She can tell if someone is going to annoy me,” said Moran.

On a recent visit to the Miami VA, a man got in the elevator with the two. He “was just loud” and asked a lot of question about Jana, Moran said.





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Facebook jumps on biggest lock-up expiration day
















NEW YORK (AP) — Facebook‘s stock is up more than 7 percent despite expectations that it would fall because more than 850 million additional shares in the company are being freed up for sale.


Shares of Facebook Inc. are up $ 1.48, or 7.5 percent, at $ 21.34. Facebook went public in May at $ 38 in a much-hyped initial public offering of stock that turned out to be a letdown for investors. Its stock price hasn’t hit $ 38 since.













Wednesday marked the expiration of Facebook’s biggest lock-up period, which is a time following an IPO that prevents insiders from selling stock. In all, 773 million shares became eligible for sale, along with 31 million restricted stock units. And about 48 million shares held by former Facebook employees also became eligible for sale, bringing the total to 852 million. These shares would be on top of what’s already been available for trading, increasing the supply and potentially lowering the overall price.


Lock-ups are common after initial public stock offerings and are designed to prevent a stock from experiencing the kind of volatility that might occur if too many shareholders decide to sell all at once.


The previous lock-up expired on Oct. 29, when U.S. stock markets were closed because of Superstorm Sandy. Facebook’s stock fell nearly 4 percent two days later, when the stock market reopened.


Cantor Fitzgerald analyst Youssef Squali believes a potential increase in the capital gains tax on Jan. 1, when Bush-era tax cuts would expire unless Congress acts, could pressure Facebook’s stock. That said, he called the Menlo Park, Calif.-based social media company a “long-term winner.”


Facebook’s stock saw its biggest one-day gain on Oct. 24, the day after the company reported stronger-than-expected third-quarter results and detailed for the first time how much money it made from mobile ads. The stock, which added 19 percent that day, closed at $ 23.23. Even with Wednesday’s gain, it is still 8 percent below that price.


Social Media News Headlines – Yahoo! News



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Exclusive 'Survivor' Clip: Lisa Gets Emotional

In last week's shocking Survivor: The Philippines, Lisa Whelchel made a big move – outing Malcolm's immunity idol and campaigning successfully to sway the direction of the vote during tribal council.

Now, in an exclusive sneak peek of tonight's episode, on-the-bubble Jonathan Penner (who was only saved last week by winning individual immunity) appeals to Lisa's sensitive side by sympathizing with the negative impact of her history as a child star.

Related: Lisa Whelchel Snuffs Blair's Torch on 'Survivor'

Lisa openly cries as Penner speculates as to what it must have been like for her as a child in showbiz, and later confesses, "I know that Penner is always scrambling to try to find a way to stay, but this really struck something very, very deep [in me], this internal conflict. I think probably at some level, it's spending a lifetime performing, tap dancing, acting – doing whatever it takes to do the right thing to be liked."

Is Penner just sucking up to Lisa for her vote? Or do the two truly share a deep bond? Watch the video to decide for yourself, and tune in to Survivor tonight at 8/7 c on CBS to see how it all pans out.

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Job fair Thursday in Miami Lakes




















One of the region’s most popular job fairs returns to Miami-Dade County on Thursday, Nov. 15, with more than 1,000 openings available.

Job News, which sells employment ads and rents out space at job fairs to companies, will hold its last fair of 2012 at the Don Shula Hotel in Miami Lakes. The hours are 10 a.m. to 2 p.m., and both admission and parking are free. Job News says more than 35 companies will be on hand looking for workers, including the Loews Miami Beach hotel, Flightstar Aviation, Okey Dokey grocery stores, and Borden Dairy.

More information is available at jobnewsmiami.com, where participants are encouraged to register ahead of time in order to avoid check-in lines. Job News recommends bringing 30 copies of a resume to the event.





DOUGLAS HANKS





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Florida man describes being shot by police Taser as he sprayed fire with garden hose




















The fire was all around Dan Jensen.

He could see it. He could smell it. He could hear it.

It was close enough to touch. It was burning down his neighbor's house. It was creeping toward Jensen's own fence 10 feet away, and he started spraying the fire with his hose.





Police ordered Jensen to get back, and he complied.

But after a few minutes passed without firefighters arriving, a frustrated Jensen stepped forward and leaned down to grab the skinny gray garden hose once again.

That's when he heard the order.

"Hit 'em! Take him down! Tase him!"

Within moments, Jensen was on the ground. He felt electric.

"It was all over me," Jensen said. "Crawling all over me."

The 42-year-old commercial fisherman is still struggling to comprehend exactly how things deteriorated so quickly Thursday. He said he doesn't understand why police shot him with a Taser that night as he tried to battle a house fire at 3420 Beechwood Ter. N.

Jensen's family, friends and neighbors have been quick to defend him and accuse police of crossing a line.

"It was wrong," he said. "There's no way around it. … I was fighting a fire. I wasn't fighting police. I thought they were here to help me. Instead, they hurt me."

Police said they can sympathize with the stress Jensen was under. But they said he put himself and officers in danger when he refused to back down from fighting the fire.

Pinellas Park Capt. Sanfield Forseth told the Tampa Bay Times authorities could have even charged Jensen with obstruction, but decided against it.

Jensen's attorney, Heidi Imhof, said she believes authorities are trying to deflect attention from their actions that night. She called the Taser use "excessive force."

"They can't just Taser anyone," she said. "He's an unarmed person on his private property trying to fight a fire."

Imhof said the officers had other options. They could have yanked Jensen away, she said, or just turned off the water.

The agency's policy says officers must issue a warning before using a Taser, "except when such warning could provide a tactical advantage to the subject."

Imhof said her client was never warned.

Jensen said he's "disappointed" in police.

He said that when they arrived on the scene, they told him to back off and let insurance take care of it. He did for a few minutes but grew impatient and irate. He picked up the hose again because he thought firefighters weren't getting there soon enough.

Officials told the Times it took six minutes for fire fighters to respond.

"That's my home," Jensen said Monday, his voice breaking. "That's my family."





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Verizon and HTC’s latest twist: The $199 Droid DNA
















Verizon and HTC unveiled a new device that the two hope will appeal to customers during the holiday season, while helping to reverse HTC’s floundering fortunes.


The phone, the Droid DNA, sports a 5-inch screen, putting it more in the “phablet” category with Samsung‘s Galaxy Note. It runs on Android 4.1.1 Jelly Bean and includes a boatload of powerful features, including a Super LCD 3 display with 440 pixels per inch, capable of playing 1080p HD video.













HTC noted the screen rivals traditional HDTVs, while the pixel density is among the highest available on any smartphone. The iPhone 5′s Retina display, for example, is 326 pixels per inch.


The device runs on a quad-core, 1.5Ghz Snapdragon processor from Qualcomm, with 4G LTE integrated on the same piece of silicon as the application processor. Having one chip instead of two improves battery life.


The phone is also capable of wireless charging and full HD video chat. The device has an 8-megapixel rear-facing camera and a 2.1-megapixel camera in the front. HTC noted its phone features HTC ImageSense and HTC ImageChip to create faster image processing and better quality photos, as well as a quick-launch camera option.


The Droid DNA also has Beats audio and two amplifiers, one for headphone and one for speaker. And it’s equipped with near-field communications technology to share music and other content by tapping other NFC-enabled devices.


Droid DNA goes on sale on November 21 for $ 199.99 with a two-year contract. Pre-sales begin today. The phone is available exclusively through Verizon.


The hefty specs should appeal to customers looking for alternatives to the latest gadgets from Samsung and Apple during the holiday season. For HTC, it’s pretty important that they do.


The Taiwanese handset maker really needs a hit phone. Previously the darling of the smartphone world, HTC has been having a tough time lately. Samsung and Apple are dominating the industry’s profits and market share, leaving little for HTC, Motorola, Nokia, and other handset vendors. HTC also has faced litigation, though it reached a settlement with Apple a few days ago.


The company has said it plans to go bolder with its messaging to consumers and the media, relying less on joint marketing campaigns with the carriers and standing more independently to tell the HTC story. It also has said it would try to generate buzz through social media and by seeing out influential celebrities and “superfans” for endorsements. So far, it’s unclear whether such steps are paying off.


Related stories:


Wireless News Headlines – Yahoo! News



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