The Supreme Court threw out death sentences for three Texas killers Wednesday because of problems with instructions given jurors who were deciding between life in prison and death.
In the case of LaRoyce Lathair Smith, the court set aside the death penalty for the second time. It also reversed death sentences for Brent Ray Brewer and Jalil Abdul-Kabir.
The cases all stem from jury instructions that Texas hasn't used since 1991. Under those rules, courts have found that jurors were not allowed to give sufficient weight to factors that might cause them to impose a life sentence instead of death.
The same sentencing problems applied to Brewer, convicted of fatally stabbing 66-year-old Robert Laminack, who was attacked in 1990 outside his Amarillo flooring business and robbed of $140. Brewer was abused as a child and suffered from mental illness, factors his jurors weren't allowed to consider, according to his petition.
The 5th U.S. Circuit Court of Appeals had upheld the death penalty for Brewer and Abdul-Kabir.
Forty-seven inmates on Texas' death row were sentenced under the rules that the state abandoned in 1991.
The cases are Smith v. Texas, 05-11304, Brewer v. Quarterman, 05-11287, and Abdul-Kabir v. Quarterman, 05-11284.
Wednesday, April 25, 2007
Article #21 Hogs quarantined after eating tainted pet food
Salvaged pet food contaminated with an industrial chemical was sent to hog farms in as many as six states, federal health officials said Tuesday. It was not immediately clear if any hogs that ate the tainted feed then entered the food supply for humans.
Hogs at a farm in California ate the contaminated products, according to the Food Safety and Inspection Service. And on Wednesday, a farm in western North Carolina was quarantined after melamine was found in its hogs, state officials said.
Officials were trying to determine whether hogs in New York, South Carolina, Utah and Ohio also may have eaten the tainted food, the FSIS said. Hogs at some of the farms — it wasn’t immediately clear which — have been quarantined.
The FSIS was trying to determine whether the hog farms in the states other than California actually fed the material to their animals, spokesman Steven Cohen said in a statement. Hogs that were confirmed to have eaten the tainted food were processed at a federally inspected facility in California, Cohen said.
“All of that meat is under control at the facility,” he said. “It is important to keep in mind this is a small number of farms that may have received this feed.”
However, the Food and Drug Administration said the urine of some hogs tested positive for the chemical, melamine, in North Carolina and South Carolina as well as California.
“At this point, I don’t have a definitive answer other than to say that the issue is being addressed,” Stephen Sundlof, the FDA’s chief veterinarian, told reporters when asked if any of the hogs had entered the human food supply. A poultry farm also may be involved, he added.
The California Agriculture Department said separately it was trying to contact 50 people who bought pork that may have come from pigs fed food containing melamine. The state’s health department recommended humans not consume the meat, but said any health risk was minimal.
There is little
Hogs at a farm in California ate the contaminated products, according to the Food Safety and Inspection Service. And on Wednesday, a farm in western North Carolina was quarantined after melamine was found in its hogs, state officials said.
Officials were trying to determine whether hogs in New York, South Carolina, Utah and Ohio also may have eaten the tainted food, the FSIS said. Hogs at some of the farms — it wasn’t immediately clear which — have been quarantined.
The FSIS was trying to determine whether the hog farms in the states other than California actually fed the material to their animals, spokesman Steven Cohen said in a statement. Hogs that were confirmed to have eaten the tainted food were processed at a federally inspected facility in California, Cohen said.
“All of that meat is under control at the facility,” he said. “It is important to keep in mind this is a small number of farms that may have received this feed.”
However, the Food and Drug Administration said the urine of some hogs tested positive for the chemical, melamine, in North Carolina and South Carolina as well as California.
“At this point, I don’t have a definitive answer other than to say that the issue is being addressed,” Stephen Sundlof, the FDA’s chief veterinarian, told reporters when asked if any of the hogs had entered the human food supply. A poultry farm also may be involved, he added.
The California Agriculture Department said separately it was trying to contact 50 people who bought pork that may have come from pigs fed food containing melamine. The state’s health department recommended humans not consume the meat, but said any health risk was minimal.
There is little
ARTICLE #20 Drinking heavily in college may be bad for heart
A study presented at the American Heart Association’s 8th annual conference on Arteriosclerosis, Thrombosis and Vascular Biology underway in Chicago, shows that heavy drinking by college students increases levels of C-reactive protein (CRP), a marker of inflammation associated with an increased risk of cardiovascular disease.
A team at the College of St. Benedict in St. Joseph, Minnesota, led by undergraduate Elizabeth Donovan, surveyed 25 college students about behaviors that can affect CRP levels.
Students were asked to complete a survey that included questions about their smoking habits, medication use, recent weight loss, alcohol consumption and other factors.
Six students did not drink and 10 were classified as moderate drinkers, defined as 2 to 5 drinks once or twice a week. Nine students were heavy drinkers, defined as 3 or more drinks at one sitting 3 or more times a week or 5 or more drinks at one sitting 2 or more days a week.
The average CRP level for the group as a whole was 0.9 milligrams per liter, which indicates an overall a low risk for heart disease. However, this increased rapidly, with moderate drinkers having CRP levels of 0.58 milligrams per liter and heavy drinkers having CRP levels of 1.25 milligrams per liter.
Male drinkers had higher average CRP levels than did female drinkers, although the difference was not statistically significant.
In an interview with Reuters Health, Donovan pointed out that the relationship between alcohol consumption and CRP levels was shaped as a J curve, with slightly lower-than-average CRP levels seen with small amounts of alcohol consumption, which then rose sharply as drinking became heavier.
A team at the College of St. Benedict in St. Joseph, Minnesota, led by undergraduate Elizabeth Donovan, surveyed 25 college students about behaviors that can affect CRP levels.
Students were asked to complete a survey that included questions about their smoking habits, medication use, recent weight loss, alcohol consumption and other factors.
Six students did not drink and 10 were classified as moderate drinkers, defined as 2 to 5 drinks once or twice a week. Nine students were heavy drinkers, defined as 3 or more drinks at one sitting 3 or more times a week or 5 or more drinks at one sitting 2 or more days a week.
The average CRP level for the group as a whole was 0.9 milligrams per liter, which indicates an overall a low risk for heart disease. However, this increased rapidly, with moderate drinkers having CRP levels of 0.58 milligrams per liter and heavy drinkers having CRP levels of 1.25 milligrams per liter.
Male drinkers had higher average CRP levels than did female drinkers, although the difference was not statistically significant.
In an interview with Reuters Health, Donovan pointed out that the relationship between alcohol consumption and CRP levels was shaped as a J curve, with slightly lower-than-average CRP levels seen with small amounts of alcohol consumption, which then rose sharply as drinking became heavier.
Article #19
NBC News has learned that the commander of Camp Cropper, the massive U.S. Army detention center in Baghdad, has been charged with aiding the enemy.
The Army tells NBC News that military police arrested Lt. Col. William H. Steele several weeks ago and that he is being held at a detention facility in Kuwait. He now faces an Article 32 hearing, the military's equivalent of a grand jury investigation, to determine whether there is sufficient evidence to prosecute him.
An Army statement listed these charges against Steele: "One specification of a violation of Article 104, aiding the enemy; one specification of a violation of Article 134, retaining classified material; two specifications of violations of Article 133, conduct unbecoming an officer, for relationships involving an interpreter and another Iraqi female; five specifications of a violation of Article 92, failure to obey lawful orders for wrongfully storing classified materials, improperly marking classified materials, failing to obey an order from a superior officer, possession of pornography and dereliction of duty as an approving official for the expenditure of government funds."
The Army tells NBC News that military police arrested Lt. Col. William H. Steele several weeks ago and that he is being held at a detention facility in Kuwait. He now faces an Article 32 hearing, the military's equivalent of a grand jury investigation, to determine whether there is sufficient evidence to prosecute him.
An Army statement listed these charges against Steele: "One specification of a violation of Article 104, aiding the enemy; one specification of a violation of Article 134, retaining classified material; two specifications of violations of Article 133, conduct unbecoming an officer, for relationships involving an interpreter and another Iraqi female; five specifications of a violation of Article 92, failure to obey lawful orders for wrongfully storing classified materials, improperly marking classified materials, failing to obey an order from a superior officer, possession of pornography and dereliction of duty as an approving official for the expenditure of government funds."
Article #18 Marijuana sold in U.S. stronger than ever
The marijuana being sold across the United States is stronger than ever, which could explain a growing number of medical emergencies that involve the drug, government drug experts Wednesday.
Analysis of seized samples of marijuana and hashish showed that more of the cannabis on the market is of the strongest grade, the White House and National Institute for Drug Abuse said.
They cited data from the University of Mississippi’s Marijuana Potency Project showing the average levels of THC, the active ingredient in marijuana, in the products rose from 7 percent in 2003 to 8.5 percent in 2006.
The level had risen steadily from 3.5 percent in 1988.
National Institute on Drug Abuse Director Dr. Nora Volkow fears the problem is not being taken seriously because many adults remember the marijuana of their youth as harmless.
“It’s really not the same type of marijuana,” Volkow said in a telephone interview.
“This could explain why there has been an increase in the number of medical emergencies involving marijuana.”
The pharmacy department at Mississippi has compiled data on 59,369 samples of cannabis, 1,225 hashish samples, and 443 hash oil samples confiscated since 1975. “The highest concentration of (THC) found in a cannabis (marijuana) sample is 33.12 percent from Oregon State Police,” the report reads.
Analysis of seized samples of marijuana and hashish showed that more of the cannabis on the market is of the strongest grade, the White House and National Institute for Drug Abuse said.
They cited data from the University of Mississippi’s Marijuana Potency Project showing the average levels of THC, the active ingredient in marijuana, in the products rose from 7 percent in 2003 to 8.5 percent in 2006.
The level had risen steadily from 3.5 percent in 1988.
National Institute on Drug Abuse Director Dr. Nora Volkow fears the problem is not being taken seriously because many adults remember the marijuana of their youth as harmless.
“It’s really not the same type of marijuana,” Volkow said in a telephone interview.
“This could explain why there has been an increase in the number of medical emergencies involving marijuana.”
The pharmacy department at Mississippi has compiled data on 59,369 samples of cannabis, 1,225 hashish samples, and 443 hash oil samples confiscated since 1975. “The highest concentration of (THC) found in a cannabis (marijuana) sample is 33.12 percent from Oregon State Police,” the report reads.
Article #17 More health foods recommended for U.S. school children
Regular colas, candy and salty snacks should not be the choice of children during school hours, and should be replaced by whole-grain crackers, low-fat yogurt, fruit and water, recommended the U.S. Institute of Medicine on Wednesday.
The institute gave new standards for school snacks and foods that would sharply limit calories, fat and sugar while encouraging more nutritious eating. The standards would not apply to bag lunches that students bring from home.
The institute is a branch of the National Academy of Sciences, an independent organization chartered by Congress to advise the government on scientific matters.
Concerned about the rise of obesity in young people, Congress asked the institute to develop the standards.
The report now goes to Congress for consideration. Copies will also go to the Departments of Agriculture, Health and Human Services and Education and will be available for state and local school boards and administrators and the food and beverage industry. Putting the recommendations into practice would involve federal, state or local laws and setting school standards and policies.
"Making sure that all foods and drinks available in schools meet nutrition standards is one more way schools can help children establish lifelong healthy eating habits," said Virginia A. Stallings, head of the committee that prepared the report.
Sen. Tom Harkin, D-Iowa, said: "For the first time, we have gold-standard recommendations for school nutrition standards from one of America's most distinguished scientific bodies. And as it turns out, they are also just common sense -- promoting fruit and vegetable consumption, and also seeking to reduce things like calories, fat, and sodium."
However, the Center for Consumer Freedom worried that the report could lead to a government "no child with a fat behind" program.
The growing rate of obesity is caused by lack of physical activity rather than overeating, argued the group, which describes itself as representing restaurants, food companies and individuals.
"These decrees may seem surreal, but many schools have already implemented similar measures. Birthday celebrations are a thing of the past with cupcakes banned in classrooms across the nation. Many schools forbid parents from bringing their kids fast food," the Center said in a statement.
The report of the Institute of Medicine lists two example tiers of food. The first tier would be allowed at all grade levels during the school day and during after-school activities, and includes whole fruit, raisins, carrot sticks, whole-grain low-sugar cereals, some multigrain tortilla chips, some granola bars and nonfat yogurt with no more than 30 grams of added sugars. Drinks would be limited to plain water, skim or 1 percent milk, soy beverages and 100 percent fruit or vegetable juice.
A second tier of foods would be available only to high school students and only after school hours. These foods would be limited in calories, salt, sugar and fat; drinks could have just have five or fewer calories per portion and no caffeine.
Sports drinks would be available to students engaged in an hour or more of vigorous athletic activity, at the discretion of coaches. Fortified water should not be available in either tier.
The institute gave new standards for school snacks and foods that would sharply limit calories, fat and sugar while encouraging more nutritious eating. The standards would not apply to bag lunches that students bring from home.
The institute is a branch of the National Academy of Sciences, an independent organization chartered by Congress to advise the government on scientific matters.
Concerned about the rise of obesity in young people, Congress asked the institute to develop the standards.
The report now goes to Congress for consideration. Copies will also go to the Departments of Agriculture, Health and Human Services and Education and will be available for state and local school boards and administrators and the food and beverage industry. Putting the recommendations into practice would involve federal, state or local laws and setting school standards and policies.
"Making sure that all foods and drinks available in schools meet nutrition standards is one more way schools can help children establish lifelong healthy eating habits," said Virginia A. Stallings, head of the committee that prepared the report.
Sen. Tom Harkin, D-Iowa, said: "For the first time, we have gold-standard recommendations for school nutrition standards from one of America's most distinguished scientific bodies. And as it turns out, they are also just common sense -- promoting fruit and vegetable consumption, and also seeking to reduce things like calories, fat, and sodium."
However, the Center for Consumer Freedom worried that the report could lead to a government "no child with a fat behind" program.
The growing rate of obesity is caused by lack of physical activity rather than overeating, argued the group, which describes itself as representing restaurants, food companies and individuals.
"These decrees may seem surreal, but many schools have already implemented similar measures. Birthday celebrations are a thing of the past with cupcakes banned in classrooms across the nation. Many schools forbid parents from bringing their kids fast food," the Center said in a statement.
The report of the Institute of Medicine lists two example tiers of food. The first tier would be allowed at all grade levels during the school day and during after-school activities, and includes whole fruit, raisins, carrot sticks, whole-grain low-sugar cereals, some multigrain tortilla chips, some granola bars and nonfat yogurt with no more than 30 grams of added sugars. Drinks would be limited to plain water, skim or 1 percent milk, soy beverages and 100 percent fruit or vegetable juice.
A second tier of foods would be available only to high school students and only after school hours. These foods would be limited in calories, salt, sugar and fat; drinks could have just have five or fewer calories per portion and no caffeine.
Sports drinks would be available to students engaged in an hour or more of vigorous athletic activity, at the discretion of coaches. Fortified water should not be available in either tier.
Article #16 Gore, Bloomberg wink at 2008 rumors
NEW YORK Former Vice President Al Gore and Mayor Michael Bloomberg kiddingly nudged each other toward the 2008 presidential race during a joint Manhattan appearance today.They were together to help open the Tribeca Film Festival, which has several environmentally themed films. Global warming is Gore's pet cause _ resulting in an Oscar win for his documentary on the subject _ and is becoming a Bloomberg priority.
The mayor noted that Gore's recent success has even prompted some talk that he might again try for the White House and asked Gore "don't you just hate those rumors about running for president?"
Neither one has entered next year's crowded contest for the White House, but speculation persists for both.
Moments later, Gore was asked whether he believes the presidential candidates are doing enough to discuss global warming on the campaign trail. Gore deadpanned "Well, I think Mike is." The mayor turned red and laughed.
The mayor noted that Gore's recent success has even prompted some talk that he might again try for the White House and asked Gore "don't you just hate those rumors about running for president?"
Neither one has entered next year's crowded contest for the White House, but speculation persists for both.
Moments later, Gore was asked whether he believes the presidential candidates are doing enough to discuss global warming on the campaign trail. Gore deadpanned "Well, I think Mike is." The mayor turned red and laughed.
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