Missoni scion on small plane missing in Venezuela


ROME (AP) — Rescue crews used boats and aircraft on Saturday to search for a small plane that disappeared in Venezuela carrying the CEO of Italy's iconic Missoni fashion house and five other people.


But 24 hours after the BN-2 Islander aircraft disappeared from radar screens on its short flight from Venzuela's coastal resort island of Los Roques to Caracas, the capital, no sign of the plane had been found, officials said.


"We have no other news" about the plane carrying Vittorio Missoni, the head of the company; his wife, Maurizia Castiglioni; two of their Italian friends; and two Venezuelan crew members, said Paolo Marchetti, a Missoni SpA official. He spoke briefly to reporters as he left company headquarters in the northern Italian town of Sumirago on Saturday afternoon.


Missoni's younger brother, Luca, who is active in the family-run business, was reportedly traveling to Venezuela on Saturday to monitor search efforts.


"We're holding onto a glimmer of hope," said Oswaldo Scalvenzi , a relative of Elda Scalvenzi, one of the Missoni friends aboard the flight. "Until we can see the wreckage" hope will remain, Scalvenzi told Italian state TV on Saturday night.


The La Repubblica.it, website of the Rome newspaper said Venezuelan aircraft, motorboats and helicopters took off at dawn Saturday to resume the search for the missing plane, which had been suspended on Friday night. The Italian news agency ANSA, reporting from Rome, said a specialized ocean-searching naval vessel also was being deployed.


Vittorio Missoni is the eldest son of the company's founder, Ottavio, who at 91 still follows the business.


The Corriere della Sera newspaper reported that Ottavio and his wife Rosita were at their home in Italy, along with their daughter Angela, creative director of the company, waiting for information about the search. Rosita Missoni designs housewares for the company, and Angela's daughter, Margherita, has been infusing its classic designs with fresh appeal.


The Missoni fashion house, with its trademark zigzag and other geometric patterns in sweaters, scarves and other knitwear, is one of Italy's most famous fashion brands abroad.


Vittorio Missoni played a key role in marketing the Missoni family creations in Asia, especially in Japan, Hong Kong and South Korea as general director of marketing for Missoni SpA. He also spearheaded a push for the company's products in the United States and France. His efforts to expand the brand abroad led Missoni to be dubbed the company's "ambassador."


On Friday, Venezuela's Interior Minister Nestor Reverol said the plane was declared missing hours after taking off from Los Roques, a string of islands popular for scuba diving, white beaches and coral reefs, and where the Missonis and their friends were on vacation.


Vittorio Missoni has been described as an active sportsman and lover of the outdoors. He and his wife and their friends from northern Italy were scheduled to fly back to Italy on Friday, but their internal flight never made it to Caracas.


La Repubblica said the plane disappeared off radar screens shortly after takeoff from Los Roques on what was to been a 90-mile (140-kilometer) flight to the mainland.


The Missoni brand is scheduled to display its latest menswear creations at a fashion show in Milan later this month.


On Jan. 4, 2008, another plane returning to the Venezuelan mainland from Los Roques disappeared with 14 people aboard, including eight Italians. The body of the plane's Venezuelan co-pilot later washed ashore, but despite a search lasting weeks no other victims or the wreckage were found.


In 2009, a small plane returning from Los Roques with nine people aboard plunged into the Caribbean Sea, but all survived.


____


Ian James contributed to this report from Caracas, Venezuela.


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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Vast cache of Kaiser patient details was kept in private home









Federal and state officials are investigating whether healthcare giant Kaiser Permanente violated patient privacy in its work with an Indio couple who stored nearly 300,000 confidential hospital records for the company.


The California Department of Public Health has already determined that Kaiser "failed to safeguard all patients' medical records" at one Southern California hospital by giving files to Stephan and Liza Dean for about seven months without a contract. The couple's document storage firm kept those patient records at a warehouse in Indio that they shared with another man's party rental business and his Ford Mustang until 2010.


Until this week, the Deans also had emails from Kaiser and other files listing thousands of patients' names, Social Security numbers, dates of birth and treatment information stored on their home computers.





The state agency said it was awaiting more information from Kaiser on its "plan of correction" before considering any penalties.


Officials at the U.S. Department of Health and Human Services began looking into Kaiser's conduct last year after receiving a complaint from the Deans about the healthcare provider's handling of patient data, letters from the agency show. Kaiser said it hadn't been contacted by federal regulators, and a Health and Human Services spokesman declined to comment.


Kaiser said it remained confident that this patient information was never disclosed or accessed inappropriately. It said that some employees were disciplined because company policies were not followed and that it had informed regulators of the steps it had taken to ensure this type of incident didn't happen again.


"Kaiser Permanente is committed to protecting the medical and personal privacy of its patients," spokesman John Nelson said. "In retrospect, we certainly wish we'd never done business with Mr. Dean."


Even with tougher government oversight of medical privacy in recent years, this case underscores how confidential patient information remains vulnerable in the hands of big healthcare institutions and legions of outside contractors.


"Kaiser has shown extraordinary recklessness in this situation," said Beth Givens, director of the Privacy Rights Clearinghouse in San Diego. "Healthcare companies have to make sure their contractors adhere to ironclad security practices."


Federal and state laws impose strict standards on anyone dealing with patient information. The privacy rule of the federal Health Insurance Portability and Accountability Act, known as HIPAA, bans the unauthorized disclosure of individuals' medical records and requires healthcare providers and vendors, such as billing and storage companies, to protect the information.


Despite those rules, personal medical information of 21 million people nationwide has been improperly exposed since 2009, according to federal data. Last year, Blue Cross Blue Shield of Tennessee agreed to pay $1.5 million to resolve allegations it violated federal law after 57 computer hard drives with patient information were stolen from an outside facility.


In October, Kaiser sued the Deans in Riverside County Superior Court, accusing them of violating their contract by not returning all of its patient information two years ago when Kaiser picked up the paper records.


In court filings, Kaiser said the Deans put patient data at risk by leaving two computer hard drives in their garage with the door open. In response, Stephan Dean moved them to a spare room. On a recent day they sat next to a red recliner where Ziggy, the family's black-and-white cat, curled up for a nap. Dean said those hard drives contained spreadsheets on thousands of Kaiser patients, prepared at the company's request.


At one point, Dean told Kaiser he was planning to contact patients about the whereabouts of their medical information because he felt Kaiser hadn't taken proper precautions. The company sought a temporary restraining order against Dean, barring him from disclosing any confidential information. A Superior Court judge granted Kaiser's request until Thursday, when another hearing is scheduled.


Dean, 47, got his foot in the door at Kaiser from his previous work labeling paper folders for courthouses, hospitals and doctors.


But the demand for folders was slipping as hospitals and doctors used computers more. Kaiser was at the forefront of this as it invested billions of dollars in its HealthConnect system, which it bills as the largest private-sector electronic health record in the world. Kaiser, with more than 9 million customers, is the nation's largest nonprofit insurer and hospital system.


Dean said his small business, Sure File Filing Systems, got a big break when Kaiser acquired the Moreno Valley Community Hospital in 2008. The company needed to organize and clear out thousands of old patient files and it gave the job to the Deans, Kaiser records show.


In August 2008, the Deans started packing up thousands of files from Moreno Valley and moving them to the warehouse in Indio.


Hospital clerks routinely messaged Dean asking him to pull records on specific patients, emails sent by Kaiser to Sure File show. Dean said some Kaiser employees would put the patient's full name in the subject line of the email, and other messages listed the patient's Social Security number, date of birth, doctors' names and treatment dates. One message started, "Good Morning Sure File," and requested adoption records for a child.


Dean said Kaiser showed little concern for patient privacy in handling those requests. Only one out of more than 600 emails from Kaiser was password-protected with encryption, he said. Many medical providers use such technology so information isn't visible to others.





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House approves $9.7 billion in Sandy disaster aid









WASHINGTON — Responding to the political storm over delays in disaster aid to the Northeast, the House on Friday approved a $9.7-billion flood insurance bill, the first segment of a possible $60-billion Superstorm Sandy recovery package.


The measure’s approval comes after New Jersey Gov. Chris Christie and Rep. Pete King of New York, among others, publicly slammed House Speaker John Boehner, a fellow Republican, for putting off a vote on a relief measure in the closing days of the 112thCongress.


The 354-67 vote sent the bill to the Senate, where it could be approved by the end of the day. 





But Democrats were still fuming that it has taken 68 days for the House to act – and that a  broader relief bill still must be approved.


"Talk about fiddling while New York City burns,’’ said Rep. Nydia Velazquez (D-N.Y.), calling the delay an "embarrassment’’ to the House. 


"How dare you come to this floor and make people think everything is OK,’’ Rep. Bill Pascrell Jr. (D-N.J.) told Republicans.


Rep. Frank LoBiondo (R-N.J.), among the Northeast lawmakers who complained earlier this week about congressional inaction on a relief bill, called the vote a "key step in getting critical federal assistance to the residents, businesses and communities devastated by Hurricane Sandy.


“This week’s events make it clear that the need for help is real and that any additional delays in providing federal aid will be met with fierce resistance from myself, members of the delegation, and Gov. Christie,’’ he added.


The larger aid package, due to come before the House on Jan. 15, would fund such things as repairing roads, the electric grid, transportation system and Liberty Island, where the Statue of Liberty has been closed since the storm hit, and shoring up defenses against future storms.


That measure, expected to cost $51 billion, could still run into resistance from conservative lawmakers, some of whom have sought to offset the new spending with budget cuts elsewhere.


The conservative Club for Growth urged a no vote on the flood insurance measure, saying, "Congress should not allow the federal government to be involved in the flood insurance industry in the first place, let alone expand the national flood insurance program's authority."


The measure approved Friday  would increase the borrowing authority for the national flood insurance program to cover insurance claims for flood damage.


The Federal Emergency Management Agency has warned that without congressional action, funds available to pay claims would be exhausted next week.   


Sandy, which was a hurricane before the center of the storm made landfall  Oct. 29 in New Jersey, caused more than 125 deaths in the United States.


ALSO:


Sandy Hook students 'happy to see their friends'


House Democrats call for inquiry into beached Alaskan oil rig


New York state, county officials revolt over map of gun-permit holders



Richard.simon@latimes.com








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'McDreamy' says he beat Starbucks for coffee chain


SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."


The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.


Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.


Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!


The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.


Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.


"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.


But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.


Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "back-up" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.


The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.


Tully's Coffee, which is known for having a softer taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. TC Global Inc., its parent company, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.


Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.


Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.


"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."


Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.


"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.


Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.


Patrease Estelle, 45, works nearby, and came in with a small group from her office.


"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.


___


Blankinship reported from Seattle and Choi from New York.


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Well: Vegan Recipes for Health

If one of your goals for 2013 is more healthful eating, the Recipes for Health columnist Martha Rose Shulman can get you started. She has proposed five delicious vegan meals for the New Year that may also save you some money. She writes:

Here is a New Year’s project for you. Take an inventory of your pantry, freezer and refrigerator and cook for a week without buying anything except items that you and your children may consume on a daily basis (for me that means bananas). That is what I’m doing this week, and I have decided that I will also make my meals vegan.

Here are some of the items ending the year in my pantry, freezer and produce bins: quinoa (regular, red and rainbow); a bag of mixed dried sprouted lentils packaged by Tru Roots (“Sprouted Lentil Medley”); a bag of yellow lentils (toor dal) from the Indian grocery store across the street (how handy that Mark Bittman had inspired me to explore the world of dals with his New York Times Magazine article in early December); rice in various colors – brown, Alter Eco’s purple jasmine; red Bhutanese; wild, Arborio and basmati; a bag of black beans; rice noodles; farro. I have had a big acorn squash lying around for over a month now, and in my refrigerator there are a few carrots, half of a purple cabbage, tofu, celery, beets and beet greens and a red pepper. There are various frozen stocks in my freezer, including a vegan pho broth from my recipe tests of a few months ago.

This is a healthy, hearty and inexpensive way to begin the New Year and we have been eating extremely well. In fact there is enough on hand that I might extend this to a two-week exercise.

Here are five vegan meals from the pantry to get you started on a year of healthful eating.

Quinoa With Spiced Lentil Dal: A dal that is spiced up by a little bit of cayenne.


Warm Lentil Salad With Balsamic Roast Squash: A lentil salad with a cumin-scented vinaigrette.


Vegan Pho With Carrots, Noodles and Edamame: A pho without some traditional ingredients is still very much pho.


Rice Bowl With Sweet and Sour Purple Cabbage, Red Peppers and Baked Marinated Tofu: A colorful dish that uses up any sticky rice left in your pantry.


Enfrijoladas: A simple delicious dish that will use up corn tortillas in your freezer and black beans from the pantry.


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Stocks gain; jobs report locks in big weekly move









NEW YORK — Stocks gained after a report showed that hiring held up in December, putting the Dow on track for to its best week in more than six months.

The Dow Jones industrial average was up 45 points to 13,436 as of 3:34 p.m. EST Friday. It's up 3.8% for the week, putting it on track for its biggest weekly advance since June. The Standard & Poor's 500 index rose seven points to 1,466 and is up 4.6% in the week, its biggest gain in more than a year. The Nasdaq was up five points at 3,106.

Stocks have surged this week after lawmakers passed a bill to avoid a combination of government spending cuts and tax increases that have come to be known as the "fiscal cliff." The law passed late Tuesday night averted that outcome, which could have pushed the economy back into recession.

The Labor Department said U.S. employers added 155,000 jobs in December, showing that hiring held up during the tense fiscal negotiations in Washington. It also said hiring was stronger in November than first thought. The unemployment rate held steady at 7.8%.

The jobs report failed to give stocks more of a boost because the number of jobs was exactly in line with analysts' forecasts, said JJ Kinahan, chief derivatives trader for TD Ameritrade.

"The jobs report couldn't have been more in line," said Kinahan. "The market had more to lose than to gain from it."

Among stocks making big moves, Eli Lilly and Co. jumped $1.79 to $51.51 after saying that its earnings will grow more than Wall Street expects, even though the drugmaker will lose U.S. patent protection for two more product types this year.

Walgreen Co., the nation's largest drugstore chain, fell 64 cents to $37.15 after the company said that a measure of revenue fell more than analysts had expected in December, even as prescription counts continued to recover.

Stocks may also be benefiting as investors adjust their portfolios to favor stocks over bonds, said TD Ameritrade's Kinahan. A multi-year rally in bonds has pushed up prices for the securities and reduced the yield that they offer, in many cases to levels below company dividends.

Goldman Sachs today reiterated its view that stocks "can be an attractive source of income," and warned that there is a risk that bonds may fall. In a note to clients, the investment bank said that an index of AAA rated corporate bonds offers a yield of 1.6%, that's less than the S&P 500's dividend yield of 2.2%.

The 10-year Treasury note fell, pushing its yield higher. The yield on the 10-year note fell 1 basis point to 1.92%. The note's yield has now climbed 53 basis points since falling to its lowest in at least 20 years in July.

Other notable stock moves;

-- Accuray Inc. plunged $1.38 to $5.41 after the radiation oncology equipment company reported weak sales and said it would cut 13% of its staff.

-- Lululemon, a yoga apparel maker, dropped $3.15 to $71.95 after Credit Suisse predicted slowing momentum and downgraded its stock.

-- Finish Line Inc., an athletic footwear and clothing company, fell $1.83 to $17.18 after it reported a small loss after sneaker trends changed and customers didn't take to its new web site launched in November. Analysts had forecast a profit.



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Bieber urges crackdown on paparazzi after photographer's death









Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.


A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"


A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.





This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.


Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.


On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.


"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.


It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.


She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"


Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.


But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.


The L.A. city attorney's office is now appealing that decision.


Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.


"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."


Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.


The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.


Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.


Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.


"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.


"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."


Others, however, said the death focuses attention on the safety issues involving paparazzi


"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."


richard.winton@latimes.com


andrew.blankstein@latimes.com





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Plot spoilers pose 'Downton Abbey' challenge


LOS ANGELES (AP) — There are many delicious reasons to watch the returning "Downton Abbey" and an exasperating one to skip it: The cover's been blown on major plot twists.


In what may be outsized revenge for the American Revolution — or payback for years of exporting lousy U.S. TV and fast food — the Brits are sharing "Downton Abbey" with us, but only after first airing each season.


That wouldn't matter much in the drama's early 20th-century setting but we're not there, are we, PBS and U.K. network ITV? A little gimmick called the Internet makes it impossible to keep story developments from spreading like germ warfare.


As with sports fans who must avoid all media and big-mouthed friends to keep game scores a surprise, "Downton Abbey" addicts are forced to shun rude news reports and blogs about what happens to character A, B or C (no spoilers here, promise).


Heedlessly type in "Downton Abbey season three" online and you risk stumbling into the startling truth that ... well, never mind. If you know, you have our sympathy. If you don't, live in blessed ignorance and careful isolation from Sunday's debut until the Feb. 17 season finale.


"It is unfair that England gets to see 'Downton Abbey' before us because we beat them in a war" was the saucy comment posted on Twitter by producer Damon Lindelof of "Lost" fame.


It's certainly a development galling enough to draw insults. But as Downton's courtly master, Lord Grantham (Hugh Bonneville), once rebuked a blunt-spoken visitor: Steady on, sir, the ladies have suffered quite enough of a shock!


Rebecca Eaton, executive producer of PBS' "Masterpiece" showcase that's home to "Downton," contends it's premature to assess the impact here of the U.K. airing that wrapped Christmas Day. Will ratings be dented by dampened enthusiasm or piracy?


"It will be difficult to say until it airs in this country," Eaton said, with the size of the audience providing a key measurement.


The bar is high compared with last year, when "Downton Abbey" became the most-watched series ever for "Masterpiece" with more than 17 million viewers across seven episodes. With its swooning, buzz-worthy romances, the drama also fed social media and gave PBS a new veneer of cool.


But what's to be done if the season endgame is stuck in your brain? As a famous Brit said in more dire circumstances, never surrender! Go along for the ride that the beautifully produced soap opera-cum-fairy tale offers, admiring how the devilishly clever Julian Fellowes, its creator and writer, foreshadows the events to come.


As Downton's residents adjust to post-War War I England, "there are chills and spills involved in that for all the characters, some laughs and some tears," as Fellowes neatly summed it up.


Knowing the destination doesn't mean you can't appreciate the scenery, including these highlights:


— Newcomer Shirley MacLaine as an American visitor, talking smack with British in-law Violet (Maggie Smith), each wittily knocking the other's nation and values. MacLaine wears pasty, kabuki-like makeup as armor; Smith meets insults with world-weary eyes.


— Michelle Dockery keeping it real as Lady Mary, who's surrendered to love with Matthew (Dan Stevens) while barely softening her sharp edges and steely devotion to family tradition. Bonus: The willowy actress was born to wear sleek 1920s dresses.


— Fashion and its evolution, as Downton's upstairs ladies move from lovely but fussy wardrobes to sassier, clean-lined garb and (except for steadfast Mary) shorter hair, reflections of liberating changes that include the promise of universal suffrage for all British women.


— Stevens as golden-boy Matthew, emerging intact from World War I and still conflicted about his future role as lord of the manor. A side game: See if Stevens, smart as he is, looks distracted by the novels he read on the set as a judge for Britain's Man Booker Prize.


— Cultural, medical and other period tidbits, which are fascinating and a reminder that wise historians never would choose to live in a time before their own. In one instance, a character who may have cancer is told that test results will take up to two nerve-shattering months.


— Fellows' charming faith in the tender side of revolutionaries, at least ones that mate with landed gentry. Irish chauffeur-turned-activist Tom Branson (Allen Leech), who previously turned moist-eyed over the murder of the Russian royal family, loses it again in season three over fiery political warfare.


— A stately house, but fast-paced action. Fellowes said he took a cue from the American mash-up approach to storytelling perfected in shows like "ER" and "The West Wing," with stories big and small, sad and funny and "all sort of plotted up together." The look is period but the energy is "much more modern," as Fellowes put it.


But modernity can be troublesome, proof being the Internet imperiling the drama's surprises for U.S. viewers. Whatever the outcome, Eaton said "Masterpiece" will tread carefully in making changes.


ITV is the primary funder of "Downton Abbey" and has international premiere rights. While a September debut fits the U.K. TV marketplace, it would mean stiffer competition for "Downton" as U.S. networks launch their fall slates, Eaton said.


"We want to make sure we don't do something with 'Downton' that will hurt it in the long run," she said — which, for now, extends to the drama's fourth season set to air on "Masterpiece," its co-producer with Carnival Films.


As for the current run, Eaton, who's no spoilsport, had only this to say: "I think it's the best season yet."


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Online:


http://www.pbs.org


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EDITOR'S NOTE — Lynn Elber is a national television columnist for The Associated Press. She can be reached at lelber(at)ap.org.


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Question Mark: Why Am I Getting Shorter With Age?


Sal DiMarco Jr. for The New York Times


The upward trajectory of youth starts falling for most people after 40. In a file photo, a Macungie, Pa., middle school nurse, Linda Duffy, measures a student.







Relax. You’ve been through this before.




Back when you were a baby baby boomer, your doctor probably laid you down every few months and measured your height.


Then came the big day: you toddled into the doctor’s office on your own two feet and instead of lying down to be measured, you stood up. And the odds are that when the doctor jotted down your height, it seemed to suggest that you had shrunk since the last visit.


The truth, of course, was that you weren’t really shrinking. When you were measured standing up, gravity compressed your spine. In follow-up visits, you quickly made up for lost ground, your height milestones rising on the doctor’s chart much as they may have in pencil markings on a kitchen wall.


Decades later, pretty much the same thing is probably happening to you right now, with two minor differences: you actually are shrinking. And you are not likely to get that height back.


Starting at about age 40, people tend to lose about four-tenths of an inch of height every decade, said Dr. David B. Reuben, chief of geriatrics at the David Geffen School of Medicine at U.C.L.A. Some of the height loss occurs as part of the normal aging process, and some because of disease. Our old friend gravity, bane of the first vertical height measurement, also plays a role. “It’s a Newton thing,” said Dr. Reuben, a past president of the American Geriatrics Society.


As we age, the disks between the vertebrae of the spine, sometimes described as gel-like cushions, dry out and become thinner, with the result that the spine becomes compressed. The bone loss known as osteoporosis can also contribute. People who have the condition may sustain small compression fractures in the spine, often without their knowledge. “The best way to think about those is if you step on a soda can and the soda can just kind of crumples,” Dr. Reuben said.


The fractures can lead to excessive curving of the spine, which can be seen in many people as they age. When it is very pronounced, it is considered hyperkyphosis, sometimes known as dowager’s hump. Hyperkyphosis, however, can occur even in the absence of fractures, often as a result of a loss of muscle tone, especially in core muscles like the abdominals. Even the flattening of the arches of the feet that comes with time can contribute to a loss of height.


There is not much to be done about many of these changes, but people who exercise, strengthening their core, may retain or gain height through better posture. And some research, while not definitive, has offered promising evidence that yoga may even help reverse the curving of the spine. If the yoga is begun at an earlier age, it may be possible to prevent the condition altogether, though more research would need to be done to establish this.


Making sure to get enough calcium and vitamin D can help, Dr. Reuben said, and there are medications used to prevent the fractures caused by osteoporosis.


Of course, if sit-ups or downward dogs are not your style, there are two simple tricks to being taller. Check your height in the morning, when it is at its maximum. Or ask your doctor to measure you lying down.


Questions about aging? E-mail boomerwhy@nytimes.com


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