Stand Your Ground motion denied in Janepsy Carballo case




















It will be up to a jury to decide if Janepsy Carballo was justified in the killing of the man she said killed her husband.

The Stand Your Ground motion filed by her defense was denied on Friday, based largely on Carballo’s inadvertent confession to a confidential informant who was wearing a police wire to investigate an unrelated drug charge at the pain management clinic where she worked.

Miami circuit court judge Beth Bloom said the tape of that conversation and the circumstances of the shooting “belied the claims” of forced entry and self-defense.





In 2008, Carballo shot Ilan Nissim six times in the back and arm one month after her husband and toddler son were shot in front of her house. Her son survived; her husband did not. Nissim was a suspect in the murder.

The controversial 2005 Stand Your Ground law eliminated a citizen’s duty to retreat when using lethal force to meet a threat of harm. The law also allowed judges greater leeway to dismiss a charge based on a self-defense claim.

The law came under scrutiny earlier this year when police initially declined to charge a self-proclaimed neighborhood watchman in the killing of Trayvon Martin in Sanford.

Carballo will go to trial in April facing murder charges.

This article will be updated as more information becomes available.





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The Words Exclusive DVD Bonus Features Clip

Bradley Cooper has built his career on playing men stuck between a rock and a hard place -- from The Hangover to Limitless, audiences simply adore watching the actor wriggle out of sticky situations.


RELATED - Bradley Cooper Talks The Words


The Words
promises to elate his fans once again as Cooper plays Rory Jansen, a struggling writer who finally achieves literary success after publishing what is called The Next Great American Novel. The only catch? He didn't write it.

When the original author surfaces, Jansen is forced to confront his choices and decide whether it's more important to keep up the lie or come clean. Throughout it all, one person is by his side: Dora (played by Zoe Saldana). 


VIDEO - Zoe Saldana's Avatar Sequel update

ETonline is pleased to present an exclusive clip off the DVD, where Cooper and Saldana talk about this epic cinematic love story. 

The Words will be released on December 24, click here to pre-order.

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Gunman shoots 3 dead, wounds trooper before he is killed on rural Pennsylvania road








HOLLIDAYSBURG, Pa. — A shooting along a rural road Friday left four people dead, including the gunman, and three state troopers injured, authorities said.

The shooting scene "extended over several miles" in Frankstown Township, about 70 miles west of Harrisburg, Blair County District Attorney Rich Consiglio said.

The dead were three men and one woman, Consiglio said. It wasn't immediately clear who killed the gunman.

The victims' identities weren't immediately released.

Three state troopers were also injured during the melee.

One trooper was shot in his bulletproof vest and escaped serious injury, a state police spokesman said.




A second trooper was struck by broken glass when his vehicle was fired on, and a third trooper was in a crash involving the gunman, Consiglio said.

The public is not at risk, Consiglio said. Nearby schools weren't placed on lockdown, township supervisor Mark Schroyer said.

Today's deadly attack came on the same day that the National Rifle Association broke its silence on the Newtown massacre that left 20 children and six adults dead in Connecticut.

The gun-rights group called for an armed guard in every school, and blamed the Newtown school shooting on violent video games, movies and the media.










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After its sale to South Beach neighbors, Raleigh brand to grow




















The Raleigh hotel, an Art Deco gem famous for its curlicue black-framed pool, has sold to new owners with plans to turn the hotel into a national brand.

But before Raleigh siblings pop up in locales around the country, new owners David Edelstein and Sam Nazarian will pour $2-$5 million into the 1940 property at 1775 Collins Ave.

They certainly have experience in that area. Edelstein developed and owns W South Beach, about four blocks north of the Raleigh. And Nazarian, who is based in Los Angeles, opened the SLS Hotel South Beach just south of the Raleigh on the same block earlier this year.





Brilla Group is the seller. The all-in price for the hotel, a parking lot nearby and the brand was $55 million, Edelstein said.





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Orange Bowl donates thousands of pairs of sneakers to kids in need




















Playing youth sports requires having properly fitting shoes. The Orange Bowl organization recently distributed more than 2,300 pairs of new and used sneakers to disadvantaged children who want to participate in sports and exercise.

The shoes were collected through the “Kicks for Kids School Challenge” in Miami-Dade and Broward County Schools, and the top four collectors were each rewarded with a $2,500 grant from the Orange Bowl Committee.

The winning schools were North Dade Middle School, Eugenia B. Thomas K-8 Center, Sunset Lakes Elementary School and McArthur High School. North Dade Middle School students celebrated with a dance, and even Orange Bowl mascot “Obie” attended the “orange carpet” event. Students were admitted to the dance by donating a pair of athletic shoes to Kicks for Kids. For more visit www.community.orangebowl.org.





TOYS FOR SICK KIDS

Children in the hospital for the holidays were cheered by visits from veterans and volunteers with the Hearing Research Institute, who each year purchase gifts for hundreds of young patients at Miami Children’s Hospital and Holtz Children’s Hospital at Jackson Memorial. The giving tradition has continued for 25 years.

Some of the toys and stuffed animals donated were part of “Toys from Tots to Tots” at Temple Judea of Coral Gables. The sharing program was created by Dr. Robert Pickard, a South Miami ear, nose and throat specialist, and a retired Army colonel. Pickard is the medical director of the Hearing Research Institute.

“Healthy children from the school at Temple Judea donated a present meant for a sick child which became part of those gifts distributed by the veterans group,” he said. “This is a double blessing both for the healthy child who gives and the sick child who receives. Isn’t that what the Chanukah and Christmas season is all about?”

The various veterans groups that gave funds to buy the gifts included Lions Clubs, Anthony Abraham Enterprises, Viet Nam Veterans, Association of the U.S. Army (AUSA), Jewish War Veterans USA, the American Legion, and Korean War Veterans. Any extra toys were given to the Child Life departments at the hospitals for children who will be hospitalized over the holidays. The Fallen Police Officers Association and the Children’s Home Society also received extra toys.

Some of the volunteers who participated in the toy sharing included Pickard, his wife Susan and their daughter Beke Pickard, Remy Gordon, Roberto and Miriam Molledo, David Magidson, Luis LaLama and his daughter Susana, Wesley Mejia, Steve Jockers, Dan Fischer, Harris Hershkowitz, George Becker, Ike Heller, and Dana Rogozinski

NEW BIKES

Getting a new set of wheels is a dream come true at the holidays and the bicycle police officers with the city of Miami now get to live it. The city received 13 special new bikes from the Hampton Inn & Suites Miami Brickell-Downtown. The hotel underwrote the $8,500 purchase in support of the not-for-profit H.E.L.P. Fund (Help Equip Law-Enforcement Personnel).

Miami City Commissioner Marc Sarnoff and the hotel’s developer, Bernard Wolfson of Hospitality Operations Inc, recently presented the bicycles at a dedication ceremony.

“I started the H.E.L.P. Fund to give our police and fire-rescue personnel the tools necessary to make our streets safer and give the business community, specifically, a way to directly invest in the well-being of our citizens,” Sarnoff said in a release. He is also chairman of the Miami Downtown Development Authority (DDA).

“Introducing additional police protection on our Downtown Miami streets will enhance quality of life in our neighborhood, ensuring our guests from around the world enjoy a secure and positive experience,” Wolfson said. The donation nearly doubled the bike force that patrols the area.

Businesses and citizens can get involved by donating to the city of Miami’s H.E.L.P. Fund at www.miamifoundation.org.

TOY DRIVE

Santa Claus and other celebrities recently joined with helpers from the South Florida Council of Fire Fighters at the 22nd annual Amigos for Kids Holiday Toy Caravan. The group delivered joy and gifts at locations throughout South Florida and the event drew hundreds of volunteers.

The Amigos For Kids tradition, which began in 1991, helps make the holidays brighter for thousands of needy children each year. The Amigos effort is designed “to fulfill each child’s specific wishes from his/her very own wish list.” The gifts are purchased to fulfill at least two of each child’s requests.

Individual sponsors also participated in the toy drive that brings contributions from family members, co-workers, members of church congregations and other groups. A large number of corporate sponsors assist in the success of this respected toy drive. For more on how to get involved go to www.amigosforkids.org.





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Nintendo’s amazing triumph in Japan may doom the company internationally






According to Japanese gaming bible Famitsu, Nintendo (NTDOY) 3DS sold 333,000 units in the week ending December 16, while Sony’s (SNE) PS Vita limped along at 13,000 units, the new Wii U did an okay 130,000 units and the PlayStation 3 managed to sell 46,000 units.  The utter hardware domination of the 3DS is reshaping the Japanese software market. Franchises that were thought to be fading have been revitalized in their portable versions. The 3DS version of the ancient Animal Crossing series, famed for being the game where nothing happens, hit a staggering 1.7 million units last week in Japan. Inazuma Eleven sold 170,000 units in its launch week, up from 140,000 units its DS version managed in 2011.


[More from BGR: RIM, HTC and Nokia could all be headed the way of Palm]






Nintendo’s portable console 3DS had a muted start in its home market in the spring of 2011. Many thought that Sony would have a fair shot at competing with Nintendo once Playstation Vita launched at the end of 2011. But once Nintendo executed an aggressive price cut for 3DS in the summer of 2011 and then launched a large-screen version of the console in mid-2012, the gadget has grown into a Godzilla in Japan, demolishing both Sony Vita and aging tabletop console competition.


[More from BGR: BlackBerry 10 browser smokes iOS 6 and Windows Phone 8 in comparison test [video]]


3DS is doing well also in America, where its lifetime sales are moving close to the 6 million unit mark this holiday season. According to NPD, the 3DS sales in the United States topped 500,000 units in November. That’s a decent number, though far from the torrid volume the portable is racking up in its home market. The U.S. November video game software chart was dominated by massive home console juggernauts: new installments of Call of Duty, Halo and Assassin’s Creed franchises shifted more than 13 million units in retail. At the same time, the Japanese software chart remains in a ’90s time warp, dominated by Nintendo’s musty masterpieces: Super Mario Brothers, Pokemon, Animal Crossing, etc.


Japanese and American tastes have always been different. But what we are witnessing now is a particularly fascinating divergence. American consumers are spending more of their time and money on smartphone and tablet games, while console game spending is increasingly focusing on massive, graphically stunning blockbuster titles on Xbox360 and PS3. The casual gamers are shifting to mobile games, while hardcore gamers remain attracted to sprawling epics on home consoles. The overall video game spending in America keeps declining month after month, as casual titles and mid-list games slide. But the Triple A whales like the Call of Duty series are doing better than ever.


In Japan, Nintendo has been able to battle back iPhone and Android game invasion with a nostalgic series of portable games that basically recycle the biggest hits of ’80s and early ’90s. Mario, Pokemons and other portable heroes are slowly losing their grip on U.S. and European consumers. But in Japan, some form of national nostalgia is keeping Nintendo on track.


The problem here is that the Japanese success of the 3DS may now be convincing Nintendo that it does not have to reconsider its business strategy. The smartphone and tablet game spending continues growing explosively across the world. Unlike console games, mobile game sales in China are legal. The global gaming spending is shifting towards new hardware platforms even as console mammoths like Halo still reign in America. At this critical juncture, Nintendo has managed to cocoon its home market in a web of nostalgia, turning the 3DS console and its Eighties left-over franchises into epic bestsellers yet again.


This means that there is no sense of urgency to push Nintendo into rethinking its long-term plans. The company may continue simply ignoring the smartphone and tablet challenge, designing new portable consoles and the 28th Mario game to support it. Twenty years ago, Japan’s insularity doomed its chances to succeed in the mobile phone business. And now the idiosyncratic nature of Japan may be leading its biggest entertainment industry success astray.


This article was originally published by BGR


Gaming News Headlines – Yahoo! News





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Oscars Flashback: Russell Crowe 2001

At the 2001 Academy Awards, Russell Crowe won his first Oscar for Gladiator, a film that created a significant appetite for epic dramas that still exists today. However, Crowe wasn't exactly on cloud nine after winning the award, as he is unyieldingly sarcastic and standoffish in his pressroom session.

Crowe, who had been nominated for an Oscar for The Insider prior to his portrayal of "Maximus," sets a bitter tone in the pressroom from the get-go, which makes the scene reminiscent of a press conference with the head coach of a losing sports team. Crowe is happy to speak about the beer he'll be celebrating with but nothing of substance.


PIC: First Look: Russell Crowe as 'Noah'

"The evolution of the moment? That's a really long answer and I'm only into short answers. Ask me questions that I can answer 'Yes' or 'No' [to] or shortly and then we'll all get on really well," he says, trying to contain his smile.

The sour Crowe proves that he isn't joking about his approach to the pressroom by then giving a sarcastic answer to the next question he receives about how he related to his character in the film. After turning a cold shoulder on the reporter, the standoffish Crowe says, "Whatever. Moving right along!"

Despite his irreverent brevity with the press, the then-37-year-old Australian is anything but brief when elaborating on how tough it was to film the physical parts of the film, which would have been a proper answer to the question he deflected about his similarities to his character.


RELATED: Russell Crowe Requires Coast Guard Assistance

"The most challenge aspect of the character was, in truth, the physicality. I got very heavily beaten up on this movie and we didn't have time to take things like breaks in production or anything to repair me, so I just had to keep going with it," he says with a smile."

Crowe was nominated for A Beautiful Mind the following year but hasn't been nominated since. However, he has been nominated for a SAG Award for his role in Les Miserables and may soon receive an Oscar nomination.

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Helicopter that crashed into East River was too heavy: report








AP


This photo provided by the National Transportation and Safety Board shows the helicopter that crashed into the East River last October.



A federal report says a helicopter that crashed into the East River off New York City on a sightseeing tour last year was carrying too much weight.

Thursday's report from the National Transportation Safety Board doesn't conclude what caused the crash. That will likely be determined in two months.

But the report says the Bell 206 chopper was carrying an estimated 3,228 pounds when it crashed shortly after takeoff in September 2011. The aircraft's capacity was 3,200 pounds.



The accident killed three people. The pilot and one passenger survived.

The NTSB report says 56-year-old pilot Paul Dudley told investigators he asked passengers' weights and calculated they wouldn't be too heavy. But the surviving passenger said Dudley didn't ask or calculate the total weight.

Dudley didn't immediately return a message Thursday.










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Carnival fourth-quarter profits tumble




















MIAMI (AP) – Cruise operator Carnival Corp. said Thursday that its fiscal fourth-quarter net income tumbled 57 percent, hurt by lower ticket prices and higher fuel costs.

Despite the drop, the results beat Wall Street predictions. But the Miami-based company issued a lower-than-expected profit prediction for the full year, and its shares fell 6 percent in morning trading.

Cruise line operators entered 2012 thinking they could start charging passengers more again after offering widespread discounts following the 2007-2009 recession. But just two weeks into the year, 32 people died when Carnival’s Costa Concordia sank off the coast of Italy. Bookings slumped even as cruise companies lowered prices.





For the quarter ended Nov. 30, Carnival earned $93 million, or 12 cents per share, down from $217 million, or 28 cents per share, in the same quarter last year. Excluding one-time items, the company, which operates Holland America Line, Princess Cruises and Carnival Cruise Lines, said it posted an adjusted profit of 13 cents per share.

Revenue fell 3 percent to $3.58 billion from $3.7 billion.

Analysts, on average, expected a profit of 11 cents per share on $3.49 billion in revenue, according to a FactSet poll.

Carnival’s revenue yields, which measure the amount a cruise company makes from its passengers after removing expenses, fell 4.5 percent, but were better than the 5 to 6 percent drop the company projected in September. In addition, fuel prices rose 5.4 percent to $716 per metric ton, but weren’t as high as the $739 per metric ton the company expected.

Those factors helped offset an increase in operating costs, resulting in the better-than-expected quarterly results, the company said.

For the full year, Carnival earned $1.3 billion, or $1.67 per share, down from $1.91 billion, or $2.42 per share, in the previous fiscal year. Revenue fell to $15.38 billion from $15.79 billion.

Carnival said that over the past six weeks, booking volumes for the first three quarters of this year were about the same as they were at the same time last year, with slightly lower prices. But overall advance bookings for 2013 continue to trail levels a year ago at slightly lower prices, the company said.

Carnival said it currently expects full year 2013 net revenue yields, excluding the effects of currency exchange rates, to rise between 1 and 2 percent. The yields are expected to decline 2 to 3 percent in the first quarter, but then improve sequentially during the rest of the year as ticket prices and occupancy for the North American brands and Costa recover.

Taking those expectations into account, Carnival projected an adjusted 2013 profit of $2.20 to $2.40 per share. Analysts had expected $2.47 per share.

The company also projected a fiscal first-quarter profit of 3 to 7 cents per share, while analysts expect a profit of 5 cents per share.

Carnival shares fell $2.15, or 6 percent, to $36.91 in morning trading.





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New poll: Many Florida voters say they wouldn’t re-elect Scott as governor




















Gov. Rick Scott continues to suffer from poor approval ratings despite an improving economy and lowering unemployment, and a majority of voters say they wouldn’t vote to re-elect him, a new poll shows.

The poll found, among other things, that many voters are crediting the Obama administration with an improving economy, rather than Scott.

A Quinnipiac University poll released Wednesday showed Florida voters disapprove by 45-36 percent of the job Scott is doing, and 52 percent said he doesn’t deserve a second term, compared to just 30 percent who told pollsters Scott should be re-elected.





The poll also found that 55 percent of voters — including 53 percent of Republicans — say they’d like another Republican to challenge Scott for the GOP nomination in 2014.

Republican voters do give Scott a positive 63-19 percent job approval rating, however, and GOP voters say by a 55-26 percent margin that he deserves a second term.

“Obviously, the governor has almost two years to go until the election and anything is possible, but he faces a herculean task in changing public opinion to his favor,” said Quinnipiac pollster Peter Brown.

Scott, who has struggled with negative approval ratings since being elected in 2010, plans to seek re-election next year. The only declared candidate challenging him is Democratic former state Sen. Nan Rich. Former Republican Gov. Charlie Crist, who is now a Democrat, is considering a run, and Democrat Alex Sink, who narrowly lost to Scott in 2010, is thought to be mulling a rematch.

Crist, who was governor as a Republican from 2007 to 2011 and lost a bid as an independent in 2010 for the U.S. Senate, has a 47 percent favorable rating and 33 percent unfavorable mark among all voters, according to the Quinnipiac poll. His favorability among Democrats is 65 percent and among independents is 48 percent, but only 28 percent of Republicans have a favorable view of Crist, compared to 56 percent who have an unfavorable view.

Crist on Wednesday said he has no timetable for deciding whether to run for governor. Of Scott’s poor rating he said, “I would attribute the downturn to this voting issue,” meaning the election law Scott signed that is still controversial.

Asked what factors he would use to decide, he said: “I love my state and my heart bleeds for the people of Florida right now. I think we can do better with education in our state, with the environment in our state. …”

Sink overall is viewed favorably by just 27 percent of voters and unfavorably by 14 percent, but 57 percent of respondents didn’t have an opinion.

Among four other possible Democratic challengers the poll asked about — Rich, Orlando Mayor Buddy Dyer, former Tampa Mayor Pam Iorio and South Florida businessman and former lawmaker Jack Seiler — none has a favorability score of more than 17 percent and the overwhelming number of respondents said they didn’t know enough about them to have an opinion.

The only other Republican the pollsters tested was Agriculture Commissioner Adam Putnam, thought by many to be a likely candidate for governor in the future. But 80 percent of voters don’t have an opinion currently about Putnam, a longtime former Congressman and former state legislator.

Respondents said they dislike Scott’s policies by 52 percent to 32 percent, though nearly half of voters say they’re at least somewhat satisfied with the way things are going in Florida — the highest so far during Scott’s term. The poll didn’t ask specifically what policies voters don’t like.

Scott has staked his success on creating jobs, and has been able to boast about a falling unemployment rate for several months. Florida’s jobless rate fell in October to 8.5 percent, its lowest level since December 2008, and non-farm employment has grown for more than 27 straight months. When Scott got elected, unemployment in the state was at 12 percent, so he has made good to some degree on his main promise of getting people back to work.

Pollsters found, however, that many voters are crediting the Obama administration with the improving economy. Twenty-seven percent of respondents said the president deserves “a lot” of the credit for the improving economy, to just 16 percent who think Scott deserves “a lot” of the credit. Similarly, though, those voters who believe the economy is getting worse, overwhelmingly blame Obama rather than Scott.

The poll also found a 52-30 percent approval rating for U.S. Sen. Marco Rubio, a Republican, and a 51-31 percent approval rating for U.S. Sen. Bill Nelson, a Democrat. The Legislature, generically, is seen negatively by 44 percent of respondents with just 35 percent approving of lawmakers on the whole.

The poll included 1,261 registered voters and was taken Dec. 11-17. It has a margin of error of plus or minus 2.8 percentage points.





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