"Blade Runner" Pistorius charged with murdering girlfriend


JOHANNESBURG (Reuters) - South African "Blade Runner" Oscar Pistorius, a double amputee who became one of the biggest names in world athletics, was charged on Thursday with shooting dead his girlfriend at his upscale home in Pretoria.


Police said they opened a murder case after a 30-year-old woman was found dead at the Paralympic and Olympic star's house in the Silverlakes gated complex on the capital's outskirts.


Pistorius, 26, and his girlfriend, model Reeva Steenkamp, had been the only people in the house at the time of the shooting, police brigadier Denise Beukes told reporters, adding witnesses had been interviewed about the early morning incident.


"We are talking about neighbors and people that heard things earlier in the evening and when the shooting took place," Beukes said outside the heavily guarded residential complex.


Police said a 9mm pistol had been found at the scene.


Beukes said police were aware of previous incidents at the Pistorius house. "I can confirm that there has previously been incidents at the home of Mr Oscar Pistorious, of allegations of a domestic nature," she said.


Pistorius, who uses carbon fiber prosthetic blades to run, is due to appear in a Pretoria court on Friday.


"He is doing well but very emotional," his lawyer Kenny Oldwage told SABC TV, but gave no further comment.


A sports icon for triumphing over disability to compete with able-bodied athletes at the Olympics, his sponsorship deals, including one with sports apparel group Nike, are thought to be worth $2 million a year.


South Africa's M-Net cable TV channel said it was pulling adverts featuring Pistorius off air immediately after blanket coverage of the arrest in a country more used to honoring Pistorius as a national hero.


"WE ARE ALL DEVASTATED"


Steenkamp's colleagues in the modeling world were distraught. "We are all devastated. Her family is in shock," her agent, Sarita Tomlinson, tearfully told Reuters. "They did have a good relationship. Nobody actually knows what happened."


Pistorius, who was born without a fibula in both legs, was the first double amputee to run in the Olympics and reached the 400-metre semi-finals in London 2012.


In last year's Paralympics he suffered his first loss over 200 meters in nine years. After the race he questioned the legitimacy of Brazilian winner Alan Oliveira's prosthetic blades, though he was quick to express regret for the comments.


South Africa has some of the world's highest rates of violent crime, and many home owners have weapons to defend themselves against intruders, although Pistorius's complex is surrounded by a three-meter high wall and electric fence.


In 2004, Springbok rugby player Rudi Visagie shot dead his 19-year-old daughter after he mistakenly thought she was a robber trying to steal his car in the middle of the night.


Before the murder charge was announced, Johannesburg's Talk Radio 702 said the athlete may have mistaken Steenkamp for a burglar.


Pistorius was arrested in 2009 for assault after slamming a door on a woman and spent a night in police custody. Family and friends said it was just an accident and charges were dropped.


OLYMPIAN UNDERGOES POLICE TESTS


Steenkamp, a regular on the South African social scene, was reported to have been dating Pistorius for several months.


In the social pages of last weekend's Sunday Independent she described him as having "impeccable" taste. "His gifts are always thoughtful," she was quoted as saying.


Some of her last Twitter postings indicated she was looking forward to Valentine's Day on Thursday. "What do you have up your sleeve for your love tomorrow???" she posted.


Pistorius was on Thursday being processed through the police system. "At this stage he is on his way to a district surgeon for medical examination," the police brigadier said.


"When a person has been accused of a crime like murder they look at things like testing under the finger nails, taking a blood alcohol sample and all kinds of other test that are done. They are standard medical tests," Beukes said.


Pistorius is also sponsored by British telecoms firm BT, sunglasses maker Oakley and French designer Thierry Mugler.


"We are shocked by this terrible, tragic news. We await the outcome of the South African police investigation," a BT spokeswoman said before Pistorius was charged.


A Nike spokesman in London said before hearing of the murder charge that the company was "saddened by the news, but we have no further comment to make at this stage".


Pistorius also has a sponsorship deal with Icelandic prosthetics manufacturer Ossur.


"I can only say that our thoughts and prayers are with Oscar and the families involved in the tragedy," Ossur CEO Jon Sigurdsson told Reuters. "It is completely premature to discuss or speculate on our business relationship with him."


Neighbors expressed shock at the arrest of a "good guy".


"It is difficult to imagine an intruder entering this community, but we live in a country where intruders can get in wherever they want to," said one Silverlakes resident, who did not want to be named.


"Oscar is a good guy, an upstanding neighbor, and if he is innocent I feel for this guy deeply," he said.


(Additional reporting by Sherilee Lakmidas, David Dolan, Ed Cropley, Jon Herskovitz, Keith Weir and Kate Holton; Writing by Ed Cropley; Editing by Will Waterman)



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Mumbai attack movie hits cinemas on Mar 1






MUMBAI: Memories of the Mumbai terror attacks of November 2008 still evoke fear among residents of the city.

And those old wounds are expected to reopen now that a Bollywood movie about the incident is set to hit the big screens.

India's financial capital came to a virtual standstill on 26 November 2008.

The attacks which lasted for four days drew widespread global condemnation.

The Pakistan-based terrorists, who were members of Lashkar-e-Taiba, killed 164 people and wounded at least 308 in their wake.

But the undying spirit of the citizens of Mumbai helped the city crawl back to its feet soon after the carnage ended.

And now, Bollywood is all set to release a film which will depict the gruesome terror attacks that shook Mumbai nearly five years ago.

The movie "The Attacks of 26/11" will hit cinemas on 1 March.

A publicity event to launch the movie's music was held at the Gateway of India.

Around 200 students lit candles in memory of the 26/11 victims.

The event then continued at Café Leopold where two of the ten terrorists launched their initial strikes in the first wave of attacks on the city.

Film maker Ram Gopal Varma said: "I strongly believe as a film maker and as a human being that the attacks of 26/11 which happened in 2008 are not against any community in particular. I think it is an attack on human beings and committed by certain inhuman elements."

The mood was sombre as the film maker and lead actor showed off a few teasers from the movie.

The usually reclusive veteran Bollywood actor Nana Patekar, who plays the lead role in the film, shed his inhibitions and spoke to the media with unusual frankness.

He said: " I feel pained whenever I think about the attacks of 26/11. The film depicts the mindset of the terrorists who went on a carnage in Mumbai. We are trying to portray through our films ... what steps can be taken to prevent such types of attacks in future."

The owner of the Leopold was also present at the event, and has played himself in the film.

The music launch of the film has reignited the anger and bitterness in the minds of Indian citizens.

But as in 2008, the movie also shows the world that Mumbai and its people have picked up the pieces and are refusing to let fear of terror attacks get in the way of their daily lives.

- CNA/al



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What is the 'Soap Opera Effect'?



Do movies look weird on your new TV? Does everything have a hyper-real, ultra-smooth motion to it? Are you sure something is happening with the TV's image you don't like, but you can't figure out what?


Chances are, what you're seeing is called the "Soap Opera Effect," as descriptive a moniker as we get in tech, in that this feature makes everything on your TV look like a cheap soap opera.


Here's what it is, what it does, and how to turn it off.


The Soap Opera Effect, or SOE, is actually a feature of many modern televisions. It's called "motion smoothing," "motion interpolation," or "ME/MC" for motion estimation/motion compensation. Some people don't notice it, some don't mind it, and a few even like it. From e-mails and article comments I've read, it seems most people hate it.


This motion "whatever" was ostensibly developed to help decrease apparent motion blur on LCDs. All LCD TVs have difficulty with motion resolution. Which is to say, any object onscreen that's in motion will be less detailed (slightly blurry) compared with that same object when stationary. High-refresh-rate LCDs (120Hz and 240Hz) were developed to combat this problem. Check out "What is refresh rate" for a more in-depth description of this. The short version: in order for high-refresh-rate TVs to be most effective, they need new, real frames to insert in-between the original frames.

Thanks to speedy processors, TVs can "guess" what's happening between the frames captured by the camera originally. These new frames are a hybrid of the frame before and the frame after. By creating these frames, motion blur is reduced. With 30fps and 60fps content, this is great. Content like sports have better detail with motion, and there are minimal side effects (beyond errors/artifacts possible with cheaper/lesser motion interpolation processing).



Film
However, with 24fps content (namely Hollywood movies and most nonreality, prime-time TV shows like sitcoms and dramas), there's a problem. The cadence of film, and the associated blurring of the slower frame rate's image, is linked to the perception of fiction. Check out the scathing reviews of the high frame rate version of "The Hobbit" for proof of that. Even if this perception seems grandiose -- the look of 24fps is expected with movies and fiction TV shows. Even though the TV and movie industries have been moving away from shooting on actual film, the new digital cameras are set for 24fps because the audience for fictional programming expects that look.


SOE messes with this cadence. By creating new frames between the 24 original frames, it causes it to look like 30fps or 60fps content. In other words, it makes movies (24fps) look like soap operas (30/60fps). And thus, a name is born.



Toshiba ClearFrame logo



(Credit:
Toshiba)


By any other name
Every TV company has a different name for their motion interpolation processing. A sort list: Sony MotionFlow, Samsung Auto Motion Plus, Sharp AquoMotion, Toshiba ClearFrame or ClearScan, Vizio Smooth Motion, and LG TruMotion. I sense a theme.


While reducing motion blur is the main reason this processing exists, the (possibly) beneficial side effect is reducing the 2:3 judder noticeable on fast pans in 24fps content. The process of converting 24fps content for 60fps televisions involves a 2:3 sequence. The first frame is shown twice, the second frame three times, the third twice, and so on. Check out "1080i and 1080p are the same resolution" for a more detailed description. Because this sequence is, well, weird, camera pans can look jerky or juddery. Motion interpolation smooths this out. This is one of the reasons why some people prefer the SOE.


Nearly all companies allow you to disable SOE, and most allow you to adjust its intensity. Some separate out the blur reduction from the judder reduction, though personally I've found SOE at any level to be distracting.


Plasma
Up until recently SOE has been an LCD-only "issue." In the effort to make plasmas more competitive in a retail store, motion smoothing circuitry has found its way into plasmas. Because plasma TVs don't suffer from the motion blur problems that LCDs have (or at least, not to the extent), motion smoothing is largely superfluous. For that matter, plasmas aren't increasing their refresh rates to insert new frames, so all that's really happening is the TV is creating new frames to insert in-between the film frames, just to make the motion smoother.


Panasonic, for example, calls its version of this Cinema Smoother. On its LCDs, you can find it under "Motion Picture Setting."



This is how Panasonic explains its Cinema Smooth processing. Other company's processing works the similar to this diagram. Note the ' and " signifying the blue-boxed frames are different (interpolated).



(Credit:
Panasonic)


Bottom line
The best part about the Soap Opera Effect is if you don't like it, you can turn it off. A few minutes digging though your TV's picture settings, and you should be able to find it. Get to know where this setting is (it's probably on the remote, too). It's possible you'll want it on when you're watching sports, or other "video"-based content (30fps or 60fps). Then, for movies and fictional TV programming, you can turn it off. This will give you the best-of-both worlds approach with minimal motion blur with sports, and no SOE with movies.


With plasma TVs, though, there is little penalty to turning this "feature" off. So go ahead.




Got a question for Geoff? Send him an e-mail! If it's witty, amusing, and/or a good question, you may just see it in a post just like this one. No, he won't tell you which TV to buy. Yes, he'll probably truncate and/or clean up your e-mail. You can also send him a message on Twitter: @TechWriterGeoff.


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Couple describes Dorner ordeal, unexpected compliment

(CBS News) Police in Southern California are defending their actions in the manhunt for Christopher Dorner. They say they did not intentionally burn down the cabin where he apparently died.

Dorner was a suspected killer with a grudge against the Los Angeles Police Department, but two of his final victims say he didn't seem like a bad man.

Karen and Jim Reynolds are the owners of Mountain Vista Resort, the property where the alleged cop-killer had been hiding the day police tracked him down. On a routine check of one of their units, Dorner surprised them from upstairs.

"He opened the door and came out at us. He had his gun drawn," said Jim. "He yelled 'stay calm' and ran out."

"He talked to us trying to calm us down and saying very frequently he would not kill us," said Karen. "He had said 'I just want to clear my name.'"

Sheriff: Fire in cabin wasn't set intentionally
Calif. deputy slain in ex-cop shootout was father of two
Carjacking victim: Christopher Dorner told me "I don't want to hurt you"

Jim said that Dorner told them he didn't have a problem with them and wasn't going to hurt them.

Dorner had been keeping an eye Karen and Jim for days, and although he had broken in and tied them up, he paid them an unexpected compliment.

"He said we are very hard workers, we're good people. He talked about how he could see Jim working on the snow every day," said Karen.

"He said he'd been watching us shoveling the snow," said Jim.

Dorner left the couple behind, and tried to take their car. But he soon returned, asking how to start their keyless Nissan. Later, the Reynolds managed to undo their restraints and call police. A few hours later, the manhunt was over.

Although the Reynolds were aware of Dorner's alleged trail of violence, they couldn't help but feel some compassion for their captor.

"I really didn't wish him dead, though. I really didn't. I prayed for him a lot and I'm praying for his family now," said Karen.

For John Blackstone's full report, watch the video in the player above

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Charred Human Remains Found in Burned Cabin













Investigators have located charred human remains in the burned-out cabin where they believe suspected cop killer and ex-LAPD officer Christopher Dorner was holed up as the structure burned to the ground, police said.


The human remains were found within the debris of the burned cabin and identification will be attempted through forensic means, the San Bernardino County Sheriff-Coroner Department said in a news release early this morning.


Dorner barricaded himself in the cabin in the San Bernardino Mountains near Big Bear Tuesday afternoon after engaging in a gunfight with police, killing one officer and injuring another, the San Bernardino County Sheriff's Department said.


Cindy Bachman, a spokeswoman for the department, which is the lead agency in the action, said Tuesday night investigators would remain at the site all night.


FULL COVERAGE: Christopher Dorner Manhunt


When Bachman was asked whether police thought Dorner was in the burning cabin, she said, "Right. We believe that the person that barricaded himself inside the cabin engaged in gunfire with our deputies and other law enforcement officers is still inside there, even though the building burned."


Bachman spoke shortly after the Los Angeles Police Department denied earlier reports that a body was found in the cabin, contradicting what law enforcement sources told ABC News and other news organizations.


Police around the cabin told ABC News they saw Dorner enter but never leave the building as it was consumed by flames, creating a billowing column of black smoke seen for miles.


A news conference is scheduled for later today in San Bernardino.


One sheriff's deputy was killed in a shootout with Dorner earlier Tuesday afternoon, believed to be his fourth victim after killing a Riverside police officer and two other people this month, including the daughter of a former police captain, and promising to kill many more in an online manifesto.



PHOTOS: Former LAPD Officer Suspected in Shootings








Carjacking Victim Says Christopher Dorner Was Dressed for Damage Watch Video









Christopher Dorner Manhunt: Inside the Shootout Watch Video









Chris Dorner Manhunt: Fugitive Ex-Cop in Shootout With Police Watch Video





Cops said they heard a single gunshot go off from inside the cabin just as they began to see smoke and fire. Later they heard the sound of more gunshots, which was the sound of ammunition being ignited by the heat of the blaze, law enforcement officials said.


Police did not enter the building, but shot tear gas inside.


One of the largest dragnets in recent history, which led police to follow clues across the West and into Mexico, apparently ended just miles from where Dorner's trail went cold last week.


It all began at 12:20 p.m. PT Tuesday, when a maid working at a local resort called 911, saying she and another worker had been tied up and held hostage by Dorner in a cabin, sources said.


The maid told police she was able to escape, but Dorner had stolen one of their cars, which was identified as a purple Nissan.


The San Bernardino Sheriff's Office and state Fish and Wildlife wardens spotted the stolen vehicle and engaged in a shootout with Dorner.


Officials say Dorner crashed the stolen vehicle and fled on foot only to commandeer Rick Heltebrake's white pickup truck on a nearby road a short time later.


"[Dorner] said, 'I don't want to hurt you, just get out and start walking up the road and take your dog with you.' He was calm. I was calm. I would say I was in fear for my life, there was no panic, he told me what to do and I did it," Heltebrake said.


"He was dressed in all camouflage, had a big assault sniper-type rifle. He had a vest on like a ballistic vest," Heltebrake added.


The white pickup truck bought Dorner extra time because police were still looking for the purple Nissan, California Department of Fish and Wildlife Lt. Patrick Foy told "Good Morning America" today.


"We were looking for a purple color Nissan and all of a sudden this white pickup starts coming by in the opposite direction. That's not the suspect's vehicle that we had been looking for," Foy said.


A warden with the Fish and Wildlife department noticed Dorner driving and the pursuit picked up again, Foy said.


"Ultimately, the officer who was driving that vehicle stopped and pulled out his patrol rifle and engaged probably 15 to 20 shots as Dorner was driving away," Foy said.


Dorner then ran on foot to the cabin in which he barricaded himself and got in a shootout with San Bernardino County sheriff's deputies and other officers who arrived.


The two deputies were wounded in the firefight and airlifted to a nearby hospital, where one died, police said. The second deputy was in surgery and was expected to survive, police said.


Police sealed all the roads into the area, preventing cars from entering the area and searching all of those on the way out. All schools were briefly placed on lockdown.


Believing that Dorner might have been watching reports of the standoff, authorities asked media not to broadcast images of police officers' surrounding the cabin, but sent him a message.


"If he's watching this, the message is: Enough is enough," Los Angeles Police Department spokesman Andy Smith told reporters at a news conference Tuesday. "It's time to turn yourself in. It's time to stop the bloodshed. It's time to let this event and let this incident be over."






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Pope confident his resignation will not hurt Church


ROME (Reuters) - A visibly moved Pope Benedict tried to assure his worldwide flock on Wednesday over his stunning decision to become the first pontiff in centuries to resign, saying he was confident that it would not hurt the Church.


The Vatican, meanwhile, announced that a conclave to elect his successor would start sometime between March 15 and March 20, in keeping with Church rules about the timing of such gatherings after the papal see becomes vacant.


"Continue to pray for me, for the Church and for the future pope," he said in unscripted remarks at the start of his weekly general audience, his first public appearance since his shock decision on Monday that he will step down on February 28.


It was the first time Benedict, 85, who will retire to a convent inside the Vatican, exchanging the splendor of his 16th century Apostolic Palace for a sober modern residence, had uttered the words "future pope" in public.


Church officials are still so stunned by the move that the Vatican experts have yet to decide what his title will be and whether he will continue to wear the white of a pope, the red of a cardinal or the black of an ordinary priest.


His voice sounded strong at the audience but he was clearly moved and his eyes appeared to be watering as he reacted to the thunderous applause in the Vatican's vast, modern audience hall, packed with more than 8,000 people.


In brief remarks in Italian that mirrored those he read in Latin to stunned cardinals on Monday he appeared to try to calm Catholics' fears of the unknown.


He message was that God would continue to guide the Church.


EXAMINATION OF CONSCIENCE


"I took this decision in full freedom for the good of the Church after praying for a long time and examining my conscience before God," he said.


He said he was "well aware of the gravity of such an act," but also aware that he no longer had the strength required to run the 1.2 billion member Roman Catholic Church, which has been beset by a string of scandals both in Rome and round the world.


Benedict said he was sustained by the "certainty that the Church belongs to Christ, who will never stop guiding it and caring for it" and suggested that the faithful should also feel comforted by this.


He said that he had "felt almost physically" the affection and kindness he had received since he announced the decision.


When Benedict resigned on Monday, the Vatican spokesman said the pontiff did not fear schism in the Church after his decision to step down.


Some 115 cardinals under the age of 80 will be eligible to enter a secret conclave to elect his successor.


Cardinals around the world have already begun informal consultations by phone and email to construct a profile of the man they think would be best suited to lead the Church in a period of continuing crisis.


The likelihood that the next pope would be a younger man and perhaps a non-Italian, was increasing, particularly because of the many mishaps caused by Benedict's mostly Italian top aides.


Benedict has been faulted for putting too much power in the hands of his friend, Secretary of State Cardinal Tarcisio Bertone. Critics of Bertone, effectively the Vatican's chief administrator, said he should have prevented some papal mishaps and bureaucratic blunders.


ILL-SERVED POPE


"These scandals, these miscommunications, in many cases were caused by Pope Benedict's own top aides and I think a lot of Catholics around the world think that he was perhaps ill-served by some of the cardinals here," said John Thavis, author of a new book The Vatican Diaries.


Benedict's papacy was rocked by crises over sex abuse of children by priests in Europe and the United States, most of which preceded his time in office but came to light during it.


His reign also saw Muslim anger after he compared Islam to violence. Jews were upset over rehabilitation of a Holocaust denier. During a scandal over the Church's business dealings, his butler was accused of leaking his private papers.


"When cardinals arrive here for the conclave ... they are going to have this on their mind, they're going to take a good hard look at how Pope Benedict was served, and I think many of them feel that the burden of the papacy that finally weighed so heavy on Benedict was caused in part by some of this in-fighting (among his administration)," Thavis told Reuters.


Vatican spokesman Father Federico Lombardi urged the faithful to remain confident in the Church and its future.


"Those who may feel a bit disorientated or stunned by this, or have a hard time understanding the Holy Father's decision should look at it in the context of faith and the certainty that Christ will support his Church," Lombardi said.


Lombardi said that on his last day in office, Benedict would receive cardinals in a farewell meeting and after February 28 his ring of office, used to seal official documents, would be destroyed just as if he had died.


Later on Wednesday, an Ash Wednesday Mass that was originally scheduled to have taken place in a small church in Rome, has been moved to St Peter's Basilica so more people can attend.


Unless the Vatican changes the pope's schedule, it will be his last public Mass.


(Reporting By Philip Pullella; Editing by Giles Elgood)



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Olympics: Wrestlers vow to fight Olympic removal






PARIS: Wrestlers around the world on Wednesday vowed to fight to save the ancient sport's Olympic status, after the International Olympic Committee voted to drop it for the 2020 Games.

Japan and Turkey -- whose cities Tokyo and Istanbul are bidding to host the Games in seven years' time -- led the calls for the world body to reconsider, as an online petition was organised urging a rethink and gained thousands of supporters.

The president of the Turkish wrestling federation, Hamza Yerlikaya, called the decision, taken at the IOC executive board meeting in Lausanne, Switzerland, on Tuesday, "unfair" and a "mistake" that they would seek to overturn.

"To have the 2020 Olympics in Istanbul without wrestling is unthinkable," said Yerlikaya, himself a double Olympic gold medallist, three-time world champion and eight-time European champion in Greco-Roman wrestling.

"We won't allow it," he added.

In Japan, Yerlikaya's counterpart Tomiaki Fukuda said on his federation's website that he was "dissatisfied and baffled", echoing the views of the sport's world governing body, which called the decision "an aberration".

Wrestling will remain on the programme for the 2016 Olympics in Rio de Janeiro but faces a fight against seven other sports for inclusion at the Games four years later. A final decision is to be made when all IOC members meet in September.

Members are seen as unlikely to vote against the executive board, however, raising the prospect that one of the few sports that survived from the original Olympics in ancient Greece into the modern era will disappear.

Wrestling first appeared in 708 BC and has only ever been left out of the Olympic programme once before in 1900.

The International Federation of Associated Wrestling Styles (FILA) has vowed to fight the decision, while multiple medallists Russia and Iran have also said they hoped the IOC would backtrack.

"This issue will definitely be a big blow to the country's sport, as it is one of our country's most popular sports," the head of Iran's national Olympic commitee, Mohammad Aliabadi was quoted as saying in Iranian media, "I will certainly pursue the case."

IOC president Jacques Rogge meanwhile insisted on Wednesday that the vote -- by secret ballot -- was fair and said he understood the angry response from those involved in the sport.

A meeting was planned between the committee and the International Federation of Associated Wrestling Styles (FILA), to discuss the matter, he told a news conference in Lausanne.

Wrestlers have been left dismayed by the decision, with Japan's undisputed queen of the ring, Saori Yoshida, saying: "I am so devastated that I don't know what to do."

Yoshida, a 55kg-class freestyle wrestler who is the face of Tokyo's campaign for the right to host the 2020 Games, has won a record 13 straight Olympic and world championship gold medals over 10 years.

In India, Sushil Kumar, who won a bronze in Beijing and a silver in London last year, said: "I still can't get over the news that we won't be at the Olympics.

"All sportsmen look towards the Olympics as the pinnacle of excellence, everyone wants to take part in them. Now what do we do? Give up wrestling? I hope the IOC will reconsider this decision."

An online petition at change.org entitled "The International Olympic Committee: Save Wrestling as an Olympic sport #SaveOlympicWrestling" has also been mounted, urging the US Senate to take up the matter.

By late afternoon on Wednesday, it had more than 21,000 signatures.

On Twitter, one user, @WrestlersLoveUs, wrote: "Ancient Olympic wrestlers used to sometimes fight to the death. IOC better understand we're ready to do that again. #SaveOlympicWrestling."

-AFP/fl



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Another lawsuit filed against U.S. over "Fast and Furious"

A second wrongful death lawsuit has been filed blaming U.S. government officials involved in the Bureau of Alcohol, Tobacco and Firearms and Explosives' "Operation Fast and Furious," which allowed thousands of weapons to fall into the hands of Mexican drug cartels.

Tuesday, the Texas family of fallen Immigration and Customs Enforcement (ICE) agent Jaime Zapata sued the Justice Department, the Department of Homeland Security, the former head of the ATF and others they blame in Zapata's death.

In February 2011, Zapata and his partner Victor Avila were gunned down in Mexico by suspected drug cartel members. Avila survived but was critically injured and has joined Zapata's family in the suit.

As CBS News reported, at least two of the murder weapons had been trafficked by suspects the ATF had under surveillance but failed to arrest. Zapata's parents argue that if ATF agents had arrested the suspects and confiscated the weapons early on, the rifles might not have been used in their son's murder.

The Justice Department has not commented except to say that, at the time, the ATF "was not aware of," a suspect's purchase of one weapon used in Zapata's murder. Justice officials said answering further questions would jeopardize the investigation.

Zapata and Avila were on assignment at the U.S. Embassy in Mexico when their supervisors sent them on a mission to pick up some equipment that required driving on an infamous stretch of highway "known to be patrolled and controlled by a dangerous criminal organization," according to the suit. That was despite a recent travel notice that warned U.S. embassy employees of the danger. The lawsuit says Avila objected, but that the two were ordered to make the trip anyway without escort and in an armored Chevrolet Suburban that did not have working GPS.

When a drug cartel vehicle cut off and blocked Zapata and Avila's vehicle, Zapata put the vehicle in park and it automatically unlocked the doors, according to the lawsuit. It says the attackers were able to breach the vehicle, kill Zapata and injure Avila using weapons trafficked by suspects ATF had previously watched without arresting.

The lawsuit blames a number of ATF officials involved in Fast and Furious, including former ATF Director Kenneth Melson, former Phoenix ATF Special Agent in Charge Bill Newell and former ATF Phoenix Group Leader David Voth for developing the controversial strategy of combating the Mexican cartels with "gunrunning activities." According to the suit, "The high-risk tactics of cessation of surveillance, gunwalking, and non-interdiction of weapons that ATF used in Operation Fast and Furious went against the core of ATF's mission ... These inherent flaws of Fast and Furious made its tragic consequences inevitable."

All of the ATF officials named in the lawsuit have denied wrongdoing. Newell has said that Fast and Furious was sanctioned at high levels at ATF and Justice Department headquarters, and that he and his colleagues turned to the controversial strategy of letting guns "walk" into the hands of Mexicans gun cartels because prosecutors were turning away their smaller cases involving just the so-called "straw purchasers" who move the weapons.

Two months ago, the family of Border Patrol Agent Brian Terry sued seven government employees -- including some also named in the Zapata lawsuit. Terry was gunned down by illegal immigrants in the U.S. two months before Zapata, in Dec. 2010. Like the Zapata case, the alleged killers were armed with rifles that had been trafficked by suspects ATF watched -- but did not arrest at the time.

The Terry lawsuit claims the federal officials "created, organized, implemented and/or participated in a plan - code named 'Operation Fast and Furious' - to facilitate the distribution of dangerous firearms to violent criminals" and that they "knew or should have known that their actions would cause substantial injuries, significant harm, and even death to Mexican and American civilians and law enforcement, but were recklessly indifferent to the consequence of their actions."

Lengthy investigations by Congress and the Inspector General have faulted at least 17 ATF and Justice Department officials for alleged mismanagement and other violations of conduct.

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Fort Hood Hero Says Obama 'Betrayed' Victims













Three years after the White House arranged a hero's welcome at the State of the Union address for the Fort Hood police sergeant and her partner who stopped the deadly shooting there, Kimberly Munley says President Obama broke the promise he made to her that the victims would be well taken care of.


"Betrayed is a good word," former Sgt. Munley told ABC News in a tearful interview to be broadcast tonight on "World News with Diane Sawyer" and "Nightline."


"Not to the least little bit have the victims been taken care of," she said. "In fact they've been neglected."


There was no immediate comment from the White House about Munley's allegations.


Thirteen people were killed, including a pregnant soldier, and 32 others shot in the November 2009 rampage by the accused shooter, Major Nidal Hasan, who now awaits a military trial on charges of premeditated murder and attempted murder.


Tonight's broadcast report also includes dramatic new video, obtained by ABC News, taken in the immediate aftermath of the shooting, capturing the chaos and terror of the day.


WATCH Exclusive Video of Fort Hood's Aftermath


Munley, since laid off from her job with the base's civilian police force, was shot three times as she and her partner, Sgt. Mark Todd, confronted Hasan, who witnesses said had shouted "Allahu Akbar" as he opened fire on soldiers being processed for deployment to Afghanistan.


As Munley lay wounded, Todd fired the five bullets credited with bringing Hasan down.






Charles Dharapak/AP Photo















Leader Wants to Rehabilitate 'Misguided' Youth Watch Video





Despite extensive evidence that Hasan was in communication with al Qaeda leader Anwar al-Awlaki prior to the attack, the military has denied the victims a Purple Heart and is treating the incident as "workplace violence" instead of "combat related" or terrorism.


READ a Federal Report on the FBI's Probe of Hasan's Ties to al-Awlaki


Al-Awlaki has since been killed in a U.S. drone attack in Yemen, in what was termed a major victory in the U.S. efforts against al Qaeda.


Munley and dozens of other victims have now filed a lawsuit against the military alleging the "workplace violence" designation means the Fort Hood victims are receiving lower priority access to medical care as veterans, and a loss of financial benefits available to those who injuries are classified as "combat related."


READ the Fort Hood Victims' Lawsuit


Some of the victims "had to find civilian doctors to get proper medical treatment" and the military has not assigned liaison officers to help them coordinate their recovery, said the group's lawyer, Reed Rubinstein.


"There's a substantial number of very serious, crippling cases of post-traumatic stress disorder exacerbated, frankly, by what the Army and the Defense Department did in this case," said Rubinstein. "We have a couple of cases in which the soldiers' command accused the soldiers of malingering, and would say things to them that Fort Hood really wasn't so bad, it wasn't combat."


A spokesperson for the Army said its policy is not to comment on pending litigation, but that it is "not true" any of the military victims have been neglected and that it has no control over the guidelines of the Veterans Administration.


Secretary of the Army John McHugh told ABC News he was unaware of any specific complaints from the Fort Hood victims, even though he is a named defendant in the lawsuit filed last November which specifically details the plight of many of them.


"If a soldier feels ignored, then we need to know about it on a case by case basis," McHugh told ABC News. "It is not our intent to have two levels of care for people who are wounded by whatever means in uniform."


Some of the victims in the lawsuit believe the Army Secretary and others are purposely ignoring their cases out of political correctness.






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China joins U.S., Japan in condemning North Korea nuclear test


SEOUL (Reuters) - North Korea conducted its third nuclear test on Tuesday in defiance of existing U.N. resolutions, drawing condemnation from around the world, including from its only major ally, China, which summoned the North Korean ambassador to protest.


The reclusive North said the test was an act of self-defense against "U.S. hostility" and threatened further, stronger steps if necessary.


It said the test had "greater explosive force" than the 2006 and 2009 tests. Its KCNA news agency said it had used a "miniaturized" and lighter nuclear device, indicating that it had again used plutonium which is more suitable for use as a missile warhead.


North Korean leader Kim Jong-un, the third of his line to rule the country, has presided over two long-range rocket launches and a nuclear test during his first year in power, pursuing policies that have propelled his impoverished and malnourished country closer to becoming a nuclear weapons power.


China, which has shown signs of increasing exasperation with the recent bellicose tone of its neighbor, summoned the North Korean ambassador in Beijing and protested sternly, the Foreign Ministry said.


Foreign Minister Yang Jiechi said China was "strongly dissatisfied and resolutely opposed" to the test and urged North Korea to "stop any rhetoric or acts that could worsen situations and return to the right course of dialogue and consultation as soon as possible".


China is a permanent member of the Security Council.


U.S. President Barack Obama labeled the test a "highly provocative act" that hurt regional stability and pressed for new sanctions.


"The danger posed by North Korea's threatening activities warrants further swift and credible action by the international community. The United States will also continue to take steps necessary to defend ourselves and our allies," Obama said in a statement.


The Security Council will meet on Tuesday to discuss its reaction to the test, although North Korea is already one of the most heavily sanctioned states in the world and has few external economic links that can be targeted.


Japanese Prime Minister Shinzo Abe said the test was a "grave threat" that could not be tolerated. U.N. Secretary-General Ban Ki-moon said the test was a "clear and grave violation" of U.N. Security Council resolutions.


Russian Foreign Minister Sergei Lavrov urged North Korea to abandon its nuclear arms program and return to talks. NATO condemned the test as an "irresponsible act" that posed a grave threat to world peace.


The test "was only the first response we took with maximum restraint", an unnamed spokesman for the North Korean Foreign Ministry, which acts as Pyongyang's official voice to the outside world, said in a statement carried by the official KCNA news agency.


"If the United States continues to come out with hostility and complicates the situation, we will be forced to take stronger, second and third responses in consecutive steps."


North Korea often threatens the United States and its "puppet", South Korea, with destruction in colorful terms.


North Korea told the U.N. disarmament forum in Geneva that it would never bow to resolutions on its nuclear program and that prospects were "gloomy" for the denuclearization of the divided Korean peninsula because of a "hostile" U.S. policy.


South Korea, still technically at war with the North after the 1950-53 civil war ended in a mere truce, also denounced the test.


The magnitude was roughly twice as large as that of 2009, Lassina Zerbo, director of the international data centre division of the Vienna-based Comprehensive Nuclear-Test Ban Treaty Organization, said. The U.S. Geological Survey said that a seismic event measuring 5.1 magnitude had occurred.


"It was confirmed that the nuclear test that was carried out at a high level in a safe and perfect manner using a miniaturized and lighter nuclear device with greater explosive force than previously did not pose any negative impact on the surrounding ecological environment," KCNA said.


Despite China's strong response, the test is likely to be a major embarrassment for Beijing, the North's sole major economic and diplomatic ally.


"The test is hugely insulting to China, which now can be expected to follow through with threats to impose sanctions," said Mark Fitzpatrick of the International Institute for Strategic Studies think tank.


North Korea trumpeted the announcement on its state television channel to patriotic music against the backdrop of an image of its national flag.


It linked the test to its technical prowess in launching a long-range rocket in December, a move that triggered the U.N. sanctions, backed by China, that Pyongyang said prompted it to take Tuesday's action.


The North's ultimate aim, Washington believes, is to design an intercontinental ballistic missile capable of carrying a nuclear warhead that could hit the United States. North Korea says the program is aimed merely at putting satellites in space.


North Korea used plutonium in previous nuclear tests and prior to Tuesday there had been speculation it would use highly enriched uranium so as to conserve its plutonium stocks as testing eats into its limited supply of the material that could be used to construct a nuclear bomb.


"VICIOUS CYCLE"


Despite its three nuclear tests and long-range rocket tests, North Korea is not believed to be close to manufacturing a nuclear missile capable of hitting the United States.


South Korea's Yonhap news agency said Pyongyang had informed China and the United States of its plans to test on Monday, although this could not be confirmed.


When North Korean leader Kim, 30, took power after his father's death in December 2011, there were hopes the he would bring reforms and end Kim Jong-il's "military first" policies.


Instead, the North, whose economy is smaller than it was 20 years ago and where a third of children are believed to be malnourished, appears to be trapped in a cycle of sanctions followed by further provocations.


"The more North Korea shoots missiles, launches satellites or conducts nuclear tests, the more the U.N. Security Council will impose new and more severe sanctions," said Shen Dingli, a professor at Shanghai's Fudan University. "It is an endless, vicious cycle."


But options for the international community appear to be in short supply.


Tuesday's action appeared to have been timed for the run-up to February 16 anniversary celebrations of Kim Jong-il's birthday, as well as to achieved maximum international attention.


Significantly, the test comes at a time of political transition in China, Japan and South Korea, and as Obama begins his second term. He will likely have to tweak his State of the Union address due to be given on Tuesday.


Japanese Prime Minister Shinzo Abe is bedding down a new government and South Korea's new president, Park Geun-hye, prepares to take office on February 25.


China too is in the midst of a once-in-a-decade leadership transition to Xi Jinping, who takes office in March. Both Abe and Xi are staunch nationalists.


The longer-term game plan from Pyongyang may be to restart talks aimed at winning food and financial aid. China urged it to return to the stalled "six-party" talks on its nuclear program, hosted by China and including the two Koreas, the United States, Japan and Russia.


Its puny economy and small diplomatic reach mean the North struggles to win attention on the global stage - other than through nuclear tests and attacks on South Korea, last made in 2010.


"Now the next step for North Korea will be to offer talks... - any form to start up discussion again to bring things to their advantage," said Jeung Young-tae, senior research fellow at the Korea Institute for National Unification in Seoul.


The European Union's foreign policy chief, Catherine Ashton, urged North Korea to refrain from further provocation.


EU member Denmark called on China to step up to the plate and use its influence to rein in its ally.


"This deserves only one thing and that is a one-sided condemnation," said Foreign Minister Villy Sovndal. "North Korea is likely the most horrible country on this planet."


(Additional reporting by Jack Kim, Christine Kim and Jumin Park in SEOUL; Linda Sieg in TOKYO; Louis Charbonneau at the UNITED NATIONS; Fredrik Dahl in VIENNA; Michael Martina and Chen Aizhu in BEIJING; Mette Fraende in COPENHAGEN; Adrian Croft, Charlie Dunmore and Justyna Pawlak in BRUSSELS; Editing by Nick Macfie)



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