Miami-Dade police officer convicted in lewdness case

A Miami-Dade police officer, who routinely stopped women drivers without cause and engaged in lewd conversations, was convicted in federal court Friday.

Prabhainjana Dwivedi, a seven-year veteran, was found guilty on six of seven counts of depriving people of their civil rights. He was found not guilty on the seventh count involving an undercover police officer.

Following the ruling, U.S. District Judge Jose Martinez immediately remanded Dwivedi back into custody pending sentencing scheduled for sometime in April, according to prosecutor Karen Gilbert. The trial began Monday.

Dwivedi faces up to a year in prison for each count.

A grand jury indicted Dwivedi after he was arrested by FBI agents Sept. 5 at Miami-Dade police headquarters.

Dwivedi, 33, was charged after an investigation into complaints filed for stops made in May and June of 2011 in which he detained “numerous women” for “unreasonable” length of time “without probable cause, reasonable suspicion or other lawful authority to conduct a stop,” a criminal complaint said.

None of the questionable stops were ever listed on his daily reports or called into dispatch.

According to the complaint, Dwivedi who worked overnight patrolling an area from Key Biscayne to Jackson Memorial Hospital, stopped a 24-year-old bartender who was driving from South Beach to Broward County on her way home from work at about 5:30 a.m. on June 25, 2011, in the area of the Golden Glades interchange.

The bartender, identified as M.F., was accused by Dwivedi of driving under the influence. Pleading her innocence, she requested to have a sobriety test performed. Her request was refused.

Noticing a child’s safety seat in the back seat, Dwivedi threatened M.F. that she would lose custody of her son if she were to be arrested on DUI charges, the criminal complaint said. Then the conversation turned sexual.

According to the complaint, Dwivedi, began to inquire about her surgically enhanced breasts and asked “if she had any scars or incisions from the surgery.”

Dwivedi then asked to see the scars. M.F. obeyed, lifting her shirt and exposing her breasts.

According to the complaint written by FBI special agent Susan Funk, “M.F. stated that Dwivedi did not touch her breast.”

, Dwivedi then allowed her to drive home, but said he would follow her to make sure she got safely home. Once at M.F.’s residence, Dwivedi said he was thirsty and asked for a glass of water. Once inside her home, he lingered for an hour speaking of his personal life.

In the end, Dwivedi left without ever reporting anything to dispatch or making any notes of the stop in his daily reports, the criminal complaint said.

A month earlier, Dwivedi made another questionable stop.

According to the complaint, Dwivedi stopped a19-year-old woman at 2:20 a.m. on May 27, 2011, on her way home from a nightclub with two friends. The woman, identified, as A.R., was informed the traffic stop was a result of a failure to turn on her headlights.

Dwivedi also claimed she was driving under the influence, but A.R. disputed the accusation.

A.R. was instructed to sit in the back seat of his marked cruiser and then Dwivedi “instructed A.R. to lower the zipper on the front of her dress down past her breasts to her mid-stomach” according to the complaint.

An hour and 20 minutes later, A.R. was on her way home without any citation and Dwivedi again made no mention or note of the stop, the complaint said.

Miami Herald staff writer Jay Weaver contributed to this report.

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City recovering from snowstorm that dumped roughly a foot of powder on NY, NJ

REUTERS

A man operates a snow plow in New York on Saturday.

New Yorkers have started digging themselves out from the blizzard that hit the city overnight.

The snow had stopped in Manhattan by early Saturday morning, but other areas saw more than two feet of powder and significant power outages.

Some spots on eastern Long Island got as much as 30 inches.

FOLLOW @NYPMETRO ON TWITTER FOR THE LATEST ON THE STORM

Totals in New Jersey ranged from 5-15 inches, with the highest snowfalls spread across the northern part of the state while other areas were spared.

The National Weather Service reports River Vale in northern Bergen County got 15 inches. West Milford, Hillsdale and Scotch Plains all got more than a foot of snow. Cedar Grove residents woke up to about 10 inches of snow Saturday morning.

Newark had been projected to get up to a foot of snow or possibly more but received about 5 or 6 inches. About 5 inches fell on Jersey City and about 6 inches fell at Newark Airport.

More than 28 inches of snow had fallen on central Connecticut by early Saturday, and areas of southeastern Massachusetts, Rhode Island and New Hampshire notched 2 feet or more of snow — with more falling.

Meanwhile, the snow total in Central Park was 11.4 inches by 8 a.m.

"We think we're in great shape. We were lucky...Looks like we've dodged a bullet," Mayor Bloomberg said at a Saturday morning press conference in Queens.

Bloomberg said all city streets will be cleared of snow by the end of Saturday and that all primary, most secondary and "60 percent" of tertiary streets have already been plowed.

Bloomberg said New York City can offer equipment and manpower if other communities need help with snow removal.

Bloomberg gave a briefing at a sanitation garage in Queens. He said the Sanitation Department has deployed 2,200 pieces of equipment and will have every street plowed by the end of the day.

New Jersey Transit resumed bus service north of Interstate 195 as of 7 a.m. Saturday, including service into New York's Port Authority Bus Terminal.

NJ Transit suspended all northern bus service Friday evening due to treacherous driving conditions.

Rail service on the Morris & Essex, Montclair-Boonton and Midtown Direct lines remains suspended from Friday but officials were taking steps to expedite the restoration of service once inspections were conducted.

More than 5,300 flights through Saturday were still cancelled, though and JFK and LaGuardia airports in New York are still closed, as is Boston's Logan Airport.

But, Newark Airport is scheduled to reopen at 8:30 a.m. Saturday after being closed overnight, according to the Federal Aviation Administration.

REUTERS

A woman takes a photo of a snow man that was erected at the fountain at Lincoln Center during New York Fashion Week on Friday.

At least five deaths were being blamed on the storm, three in Canada and two in upstate New York. In southern Ontario, an 80-year-old woman collapsed while shoveling her driveway and two men were killed in car crashes. In New York, a 74-year-old man died after being struck by a car in Poughkeepsie; the driver said she lost control in the snowy conditions, police said.

A 23-year-old man in Germantown, NY has died after he went off the edge of a roadway while plowing his driveway with a farm tractor in Columbia County, state police said.

Troopers say the accident happened shortly after 9 p.m. Friday, about 35 miles south of Albany. The National Weather Service says about 7.5 inches of snow has accumulated in that area overnight. The tractor rolled down a 15-foot embankment.

The man was pronounced dead at Columbia Memorial Hospital. His name hasn't been released.

More than 650,000 people across the Northeast were without power this morning, with most of the outages occurring in New England.

New York City has suffered surprisingly few power outages during the snowstorm that raged overnight, but eastern Long Island is a different story.

Wendy Lang of National Grid says there are about 10,000 customers without electricity this morning on the island, most in hard-hit eastern Suffolk County.

She says they can get most customers back on line within 24 hours if crews can reach them.

Long Island got the heaviest snow, according to the National Weather Service, which said 30.3 inches fell on Upton and several towns topped two feet.

Con Edison spokesman Mike Clendenin says the city has just 317 customers out, 206 in Brooklyn. No outages were reported in Westchester County.

In New Jersey, the state's two largest utilities were reporting minimal outages as of Saturday morning.

Public Service Electric & Gas says it had 16 customer outages as of 5:30 a.m. Saturday. At one point 2,200 customers in Elizabeth were affected, but PSE&G says they were restored Friday night. Jersey Central Power & Light, the state's second-largest utility, reports 16 outages at 7 a.m.

It's a far cry from the 2.7 million customers left in the dark after Superstorm Sandy last October, or a similar number affected by a snowstorm in October 2011.

Forecasters said wind gusts exceeding 75 mph could cause more widespread power outages and whip the snow into fearsome drifts.

On Saturday, Connecticut Gov. Malloy ordered all roads closed until further notice, saying that stalled or abandoned vehicles will only slow the recovery process. The storm dumped more than 2 feet of snow over much of the state.

State police spokesman Lt. J. Paul Vance says drivers and even some troopers have been getting stuck on the snow-covered highways. He said a pedestrian was struck by a vehicle and killed Friday night in Prospect.

Vance said troopers are still out responding to calls but it's imperative that people stay off the roads.

In New York City, there will be delayed openings at public libraries in all five boroughs. Most will be open from noon until 5 p.m.

With Post Staff

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IRS dealt a setback on tax preparer regulations

To help combat fraud by tax preparers, the Internal Revenue Service created the “Registered Tax Return Preparer” program. Then just before the tax season got under way, the agency was told by a federal judge that it doesn’t have the authority to regulate the hundreds of thousands of tax preparers covered under the program.

Although some tax-return preparers are licensed by their states or enrolled to practice before the IRS, many don’t have to pass a government or professionally mandated competency test to prepare a federal return. When the IRS issued its last “dirty dozen” tax scams, return preparer fraud was third on the list.

“Tax return preparers sometimes alter return information without their clients’ knowledge or consent in an attempt to obtain improperly inflated refunds or to divert refunds for their personal benefit,” wrote Nina E. Olson, the national taxpayer advocate, in her most recent report to Congress. “Often, the refunds are directed to an account in the preparer’s control.”

In other instances, preparers lure clients by promising large refunds even before reviewing their tax information.

The IRS program would have required any individual who is compensated for preparing or assisting in the preparation of a return to obtain a preparer tax identification number, pass a qualifying exam and complete annual continuing-education requirements.

Three independent tax preparers joined the Institute for Justice in challenging the IRS’ authority to create the program. Recently, Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled against the agency.

Said Dan Alban, the lead attorney on the case: “The licensing requirements harmed the ability of mom and pop operations to compete with big tax preparation firms. Two of the three plaintiffs would have been put out of business because of the cost of complying with the regulations.”

The ruling now means tax return preparers who would have been covered by the program are not required to complete competency testing or secure continuing education, the IRS said. However, all paid preparers are still required to have a preparer tax identification number.

There are tax professionals — attorneys, certified public accountants and enrolled agents — who were exempt from the program but are licensed by state or federal authorities and are subject to censure, suspension or disbarment from practice before the IRS in the event of wrongdoing. The ruling does not affect the regulatory requirements for these professionals.

Still hoping to continue with the regulatory program, the IRS asked the court to delay the ruling pending its appeal. The motion was denied.

“The IRS continues to have confidence in the scope of its authority to administer this program and is working with the Department of Justice to address all options, including a planned appeal,” the agency said in a statement.

In response to the lawsuit, the IRS said it has established 250 testing centers, that the program has cost more than $50 million to roll out, and nearly 100,000 preparers have registered to take the competency test.

When the IRS first announced the program, I was in favor of licensing preparers. Though many tax professionals do their jobs well, there are enough unscrupulous preparers to warrant some changes. Olson, the national taxpayer advocate, has recommended that Congress enact a federal registration, examination, certification and enforcement program for unenrolled tax-return preparers. “Creating a class of certified return preparers is a very positive step toward combating fraud,” she said in her report.

But perhaps Judge Boasberg has it right. He said his ruling doesn’t require the IRS to dismantle the registration scheme.

The IRS “may choose to retain the testing centers and some staff, as it is possible that some preparers may wish to take the exam or continuing education even if not required to,” Boasberg said in his decision. “Such voluntarily obtained credentials might distinguish them from other preparers.”

And some preparers might still take the exam in case his ruling is reversed on appeal, “just as the IRS may similarly decide it is financially more prudent not to shutter the centers in hopes of an appellate victory or congressional action,” Boasberg wrote.

“We have no opposition to preparers going through the program voluntarily,” Alban said. “If you are in the market looking for a new tax preparer, there could be value in selecting one with the registered tax return preparer certification. Keeping it voluntary allows consumers to decide what’s important rather than the IRS.”

I see great service to consumers in the IRS preparer program. So until things are settled, Boasberg offers a good compromise.

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Squatter Lokiboy evicted from Boca Raton mansion

BOCA RATON --
Infamous squatter Andre Barbosa has been evicted from a Boca Raton mansion, police said.

Bank of America retook possession of a $2.5 million home where the 23-year-old Brazilian national had been staying since December.

Bank representatives, with the assistance of police, cleared out the foreclosed home at 580 Gold Harbor Dr. at about 1:30 p.m. Thursday.

There was no one inside and the home’s locks were changed, said Officer Sandra Boonenberg, spokeswoman for Boca police.

Barbosa, also known as Lokiboy954, had been occupying the home since filing an “adverse possession” claim in December.

Adverse possession was created hundreds of years ago when hand-scrawled property records could more easily be lost, damaged or muddled. Allowing for adverse possession kept land in productive use when ownership was unclear, or, for example, the owner died with no heirs.

If the person claiming adverse possession stays in the home for seven years, paying taxes and caring for the property, they can take permanent ownership.

Barbosa is not facing any charges at this point and police are not actively searching for him, Boonenberg said.

Bank of America issued a statement regarding Thursday’s action.

“We appreciate the assistance of local authorities and the patience of neighbors as we worked to have the trespassers removed.

“We take trespassing seriously and, in the interest of the community, we will take appropriate legal action to protect this and all properties we service.”

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City Council to probe rising school bus costs at hearing

The City Council is set to tackle skyrocketing school bus costs at a hearing today in a bid to explain why the number of routes has ballooned over the past decade — even though ridership plunged dramatically.

Since 2000, the number of students getting yellow bus service plummeted by nearly 30,000 — to 139,000 last year.

Yet the number of routes jumped from 5,400 to more than 6,700 — nearly doubling overall yellow bus costs to a whopping $1 billion.

The many factors that have driven up yellow bus costs include:

• The Department of Education added nearly 300 routes for summer school busing in 2000 and 700 routes for a new extended school day in 2005

Reuters

• Bus companies have gotten an average payout increase of 3.1 percent each year since 2001 — plus an additional 5.5 percent bump in 2005

• Between 2009 and 2012, bus drivers and matrons got annual raises of 1 percent, 2 percent, 3 percent and 4 percent from the bus contractors Much of the cost spike has come from special education busing, where routing is more complicated because of limits on how long some kids can stay on a bus.

The city put an average of nearly 17 special education kids on each yellow bus in 2000, but last year that figure was just 12 kids per bus, according to DOE data.

The bus workers’ union — which has been on strike since Jan. 16 because the city removed employee protection clauses from newly-bid contracts — has cited poor routing as one of the main problems.

An independent consulting firm had the same concerns in 2007.

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Need a copy of your home’s deed? It’s cheaper to do it yourself

Homeowners who received letters recently from a company offering to sell them a copy of the deed on their home might want to think twice before writing a check.

The official-looking letters from Florida Certified Record Retrieval state that the government recommends having a certified copy of their home’s deed.

The letter offers to provide such a copy for a fee of $50, plus $4.50 for postage and handling.

Technically, it’s not a scam. The Davie-based company, which is not accredited by the Better Business Bureau, will get the record for you.

A recorded message on the company’s answering service states that Florida Certified Record Retrieval is not affiliated with any state or government agency. It is a private company that buys lists of real estate transactions, which are public record.

The message also states the company has no access to original documents, and cannot change information — such as correcting misspelled names — on a certified copy of a deed.

Although what the company does is not illegal, homeowners can buy copies of a deed directly from their county’s clerk of courts for much less, said David Rooney, Division Chief of Recording at the Miami-Dade Clerk of Courts Office.

To get a copy of your deed:

In Miami-Dade, visit www.miami-dadeclerk.com and select “official record search.” Records are searchable by name.

A scanned copy of the record can be printed from the website, or you can order certified copies of the deed from the same screen.

Copies cost $1 per page, plus a certification fee of $2 per document. The records are mailed within a week.

In Broward, visit www.broward.org, click on “Public Records Search” and then on “Deeds.”

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Jury awards girl sexually assaulted on school district bus $1.7 million

WEST PALM BEACH --
Minutes after a jury late Wednesday awarded a mentally challenged Pahokee girl $1.7 million for the trauma she suffered when she was raped on a Palm Beach County school bus when she was 3, the girl’s mother rushed toward those who had given her daughter a second chance.

“Wait,” she called out just before they filed out the door. “I want to thank all of you.”

In turn, she hugged each of the four women and two men who rejected the school board’s claims that her daughter wasn’t hurt by the 2007 attack. School board attorneys argued the girl was too young and too mentally disabled to understand what a 15-year-old emotionally disturbed youth did to her on the bus filled with special needs kids.

With tears streaming down her face, the mother looked at the girl’s father. Both heaved sighs of relief.

“It means a lot to me,” she said of the verdict. “My daughter finally got justice.”

The School Board never denied the girl was molested. Both the bus driver and the aide who was on the bus to protect the students were fired. The aide, Grenisha Williams, was convicted of child neglect in connection with the incident and put on probation. Sexual battery charges were filed against J.C. Carter, the youth school police said assaulted the child. The School Board even changed policies, decreeing that young children should no longer be allowed to ride buses with older kids.

But, the district never agreed to compensate the now 9-year-old girl for the trauma that her attorneys argued exacerbated her considerable learning problems.

“I think the jury got it,” attorney Stephan Le Clainche said.

Despite School Board attorneys’ claims to the contrary, he said: “The jury realized that any child of a tender age who is the victim of physical or sexual violence is going to carry the stain of it their entire life.”

But, he acknowledged, the battle is far from over. Under Florida law, government agencies in 2007 could only be forced to pay $100,000 for injuries caused by their wrongdoing. (The cap on so-called sovereign immunity, that comes from the English concept that the King can do no wrong, has since been raised to $200,000.) But to get more than $100,000, the girl’s attorneys must now persuade a typically stubborn Florida Legislature to life the cap so the girl can get the $1.7 million the jury said she deserves.

“We have a long road to go,” Le Clainche said. The $100,000 will barely cover the court costs that included paying $25,000 to a psychiatrist who persuaded the jury that the girl carries deep psychological scars that will take years of counseling and private schooling to salve.

The mother said she was well aware of the looming battle. “I’ve been waiting all this time. I guess I can wait some more,” said the mother, who lost her job as a cook when the always shaky economy in the Glades got even worse in the recent recession.

Jurors declined comment on the verdict, as did attorneys representing the school board. Attorney Scott Krevens said they don’t comment on pending litigation.

But the two sides argued their cases vigorously Wednesday in their last appearances before the jury after a five-day trial.

Attorney Tom McCausland, one of the school board’s two attorneys, suggested that the jury give the girl $250,000 for the pain she endured on the day of the attack and $31,000 for family counseling.

“A quarter-million dollars is a way of saying we’re sorry it happened,” he said.

Le Clainche bristled at McCausland’s suggestion that the money was an apology and not a recognition that the girl needs years of therapy.

McCausland insisted the girl has no memory of the attack. “Her brain has not been able to form to grasp the event,” McCausland told jurors. “This very, very heinous act, fortunately, is not something the girl remembers.”

Le Clainche translated McCausland’s argument this way: “Your harm is worth nothing because you’re already damaged.” Then, he added, “That is an incredible, outrageous defense.”

The psychiatrist hired by the girl’s team testified that the attack stymied the girl’s emotional and intellectual growth. A psychologist hired by the school board told jurors trauma doesn’t affect cognitive development.

In the end, it was clear the jury accepted the long-standing child-rearing concept that early childhood development impacts a youngster’s entire life.

About two hours into their deliberations, the jurors sent out a question: “Can the possibility of future sexual problems be considered as future pain and suffering?”

Circuit Judge Glenn Kelley said they could.

Less than 15 minutes later, they announced their verdict.

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9 luxury cars stolen from NY dealership

Police are looking for the thieves who took off in nine Mercedes-Benz vehicles from the parking lot of a suburban New York dealership.

New Rochelle police say the cars were worth a total of $800,000.

They say the suspects entered the lot after breaking the lock on a fence of Pepe Luxury Cars. They then allegedly found the keys to the cars and drove off.

Police believe the vehicles were stolen sometime between Saturday and Sunday afternoon.

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American Airlines-US Airways merger may be announced soon

FORT WORTH --
A merger between American Airlines and US Airways could be announced as early as next week as the two companies move closer to finalizing details of a deal, sources familiar with the negotiations say.

Neither airline's board has met to formally approve a union, however. The AMR Corp. board is expected to meet early next week.

US Airways Chief Executive Doug Parker is likely to lead the merged carrier, while AMR Chief Executive Tom Horton may serve as chairman for a specific period before departing, according to one source, who declined to be identified because the talks are private.

Discussions are also ongoing over the financial aspects. Creditors and bondholders at AMR have agreed on an equity split, sources said, though they cautioned that details could change.

Wall Street Journal reported Wednesday that American creditors would own about 72 percent of the airline and US Airways shareholders about 28 percent, although those figures are tentative.

Both American and US Airways, which have signed a nondisclosure agreement, declined to comment.

The management plan being discussed is similar to what happened when United Airlines merged with Continental Airlines in 2010.

United CEO Glenn Tilton was named chairman while Continental Chief Executive Jeff Smisek kept the CEO and president titles. Tilton stepped down as chairman at the end of 2012.

An American-US Airways merger would create the largest airline in the U.S., with over $38.7 billion in revenue and more than 100,000 employees. The combined company is expected to retain the American Airlines name and be based in Fort Worth.

Wall Street analysts began speculating about a merger as soon as AMR filed for bankruptcy in November 2011. In April, Parker negotiated conditional labor agreements with American's three major unions and began to publicly advocate for a merger.

Until midsummer, Horton insisted that American would emerge from bankruptcy as a stand-alone carrier and evaluate possible partners afterward.

But pressure from creditors rose and merger discussions intensified when US Airways signed a nondisclosure agreement with American in August.

That allowed the two companies to share financial information and discuss the benefits and challenges of a merger.

Horton began to publicly discuss a possible merger within bankruptcy in the fall. After American's pilots union ratified a new contract in December and agreed to a memorandum of understanding on terms for a merger, a deal with US Airways has become increasingly more likely, analysts have said.

Executives at both companies, along with American's unsecured creditors committee and an ad hoc bondholder group, have been meeting in recent weeks to discuss a possible merger.

Previous media reports said the bondholders had signed a nondisclosure agreement that expires Feb. 15.

The agreement gives debt owners access to the discussions but restricts them from trading AMR or US Airways debt, giving them incentive to push for a quick deal.

On Friday, the US Airways pilots union is scheduled to release the results of a vote to approve or reject a memorandum of understanding with the carriers. Like the agreements signed by American's three major unions, it would outline details such as pay and seniority integration in a merger.

If the US Airways pilots reject the memorandum, it could delay a possible merger announcement. The airlines and the creditors committee had invited several unions into merger discussions to get a clearer picture of the labor costs that a combined airline may incur.

Last week, American asked the Bankruptcy Court to extend its exclusivity period to file a reorganization plan until April 15 from its current deadline of March 11.

If the carriers and the creditors committee work out a merger deal, the Bankruptcy Court would need to give other creditors time to examine it before approving a merger agreement.

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Miami Heat has scholarships for graduation high school seniors

The Miami Heat is offering South Florida high school seniors college scholarships for the 2013-2014 school year.

Four scholarships of $2,500 each will go to seniors who excel in academics and community service.

One of the four scholarships is reserved for a student who plays sports.

Applicants must have at least a 3.2 grade point average by their final semester in high school, attend school in Miami-Dade, Broward or Palm Beach counties, be accepted to an accredited four-year college or university and demonstrate financial need.

Applications are available at nba.com/heat/community/community_education_scholarships.html and must be submitted by April 6.

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Cops: Mom pulled gun at Conn. Chuck E. Cheese's

NEWINGTON, Conn. — A Connecticut mother has posted bail after being charged with pulling a gun and threatening another woman at a Chuck E. Cheese's restaurant.

Police say 30-year-old Tawana Bourne brandished a .380-caliber handgun and chambered a round during an argument at the children's game and pizza restaurant in Newington on Monday night. Police say both women were at the restaurant with their children.

Restaurant workers called police, who charged Bourne with reckless endangerment, risk of injury to children, threatening and breach of peace. She was freed after posting $50,000 bail and was ordered to appear in New Britain Superior Court on Feb. 19.

Bourne declined to comment.

Chuck E. Cheese's released a statement saying weapons are banned in its restaurants and managers are evaluating security.'

Newington is about 45 miles from Newtown, Conn., the site of the Sandy Hook School massacre that left six educators and 20 students dead.

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Sweetest Android Jelly Bean phones

After waiting for what seemed like an eternity for Android Jelly Bean phones to ship, we’re glad to see a flood of handsets with the coveted software. Some older phones, like the Samsung Galaxy S3 and Motorola Droid Razr HD Maxx, also have received this significant upgrade, but these smartphones rolled straight off the assembly line boasting Google’s most modern OS. From the pure flavor only a true Nexus device can bring, to the tricked-out tweaks phone designers like to bring to the table, chances are good there’s a Jelly Bean handset here that will suit your tastes.

HTC Droid DNA

Rating: 4 stars out of 5 (Excellent)

The good: This beautifully designed phone features a quad-core processor, Android 4.1 Jelly Bean, 4G LTE, a sharp 5-inch screen, an excellent camera and long battery life.

The bad: Its large size makes it tricky to fit in tight pockets, and it lacks both an SD card slot and a removable battery.

The cost: $99.99 to $199.99

The bottom line: With quad-core power, 4G LTE, a lovely 5-inch screen and a stunning design, the $199.99 HTC Droid DNA may be Verizon’s best Android deal.

HTC One X+

Rating: 4 stars out of 5 (Excellent)

The good: Has a quad-core processor, 64GB of storage and Android Jelly Bean, plus a great camera, all for $199.99.

The bad: The battery life is short. The phone also lacks an SD card slot, and its battery can’t be removed.

The cost: $169.99 to $509

The bottom line: Although it does have some flaws, the $199.99 HTC One X+ is currently the best Android buy on AT&T.

LG Nexus 4

Rating: 3.5 stars out of 5 (Very good)

The good: The competitively priced phone delivers a pure and polished experience with Android 4.2 Jelly Bean, it’s powered by a snappy quad-core processor, and it’s packed with new photo-editing and camera features.

The bad: Construction is solid but uninspiring, its call volume is too low, and it lacks 4G LTE.

The cost: $299 (currently sold out)

The bottom line: While the LG Nexus 4 wins on internal performance and user experience, anyone shopping for an unlocked phone should consider a comparable LTE handset first.

Samsung Galaxy Note 2

Rating: 4 stars out of 5 (Excellent)

The good: Oodles of screen real estate make this phone terrific for videos, games, and reading; and its improved stylus aids productivity. A blazing quad-core processor, a great camera and strong battery life round out the advantages of this Android 4.1 phone.

The bad: The huge display makes it unwieldy to carry, and hiccups in the S Pen stylus and apps can slow you down. The pricey Note 2 isn’t a suitable tablet replacement across all categories.

The cost: $139.99 to $299.99

The bottom line: In the Galaxy Note 2, Samsung delivers a powerful, boundary-pushing device that gets a lot right. Yet its complicated features and high price raise questions about its purpose.

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International Noise Conference celebrates its 10th anniversary at Churchill’s Pub

Frank Falestra is standing at the backyard bar of Churchill’s Pub, tinkering with a lighting board that has a broken switch.

It’s an urgent repair because the switch controls red light.

“Red is important at a rock bar,” he says.

Falestra, better known as Rat Bastard, is hailed as the godfather of Miami’s noise scene and the founder of International Noise Conference, an annual festival celebrating musical nonconformity.

Every year, the festival draws hundreds to three-decades-old Churchill’s Pub, where noise fans and other revelers gather to sing, dance, screech and, sometimes, bloody each other’s noses.

International Noise Conference will kick off its 10th year starting 10 p.m. Wednesday at Churchill’s, 5501 NE Second Ave. The festival continues at 9 p.m. Thursday, 8 p.m. Friday and 3 p.m. Saturday.

Falestra, 54, expects more than 100 bands to show up. That number is about the same as the last few years, but the fourth night of the festival is new, thanks to funding from the Knight Foundation’s Knight Arts Challenge.

Admission to the festival, as always, is free.

“We keep the money thing completely out of it,” Falestra said. “That’s probably why it’s still going.”

There are only two hard-and-fast rules for musicians performing at INC: no laptops, and get off the stage in 15 minutes or less.

The laptop rule is to prevent the show from getting boring, Falestra says.

But the time limit? Artists have flown all the way from France and Australia to perform at INC. And they only get 15 minutes?

According to Falestra, a 30-year veteran of the Miami music scene, that’s all you need to get the point across.

“Usually 20 minutes of anybody is too much,” he said. “Like the Foo Fighters. You wouldn’t want to see them for 20 minutes. Ten minutes would kill you.”

Page 27, a Denver-based noise band, has one of the farthest commutes on the set list this year. Like most of the other bands, INC is the only show pulling Page 27 away from its hometown this time of year.

But member John Gross, 35, said the band is looking forward to the networking opportunities as much as the brief set. The best part for him, he said, is going to the tables in the back of the bar to trade CDs, tapes and records with other bands. “You end up finding a lot of music that you don’t see anywhere else,” Gross said.

The first two days of the festival, which feature local bands almost exclusively, are heavy on different music genres. Thursday is usually the most outrageous night. Sometimes, Falestra says, people get naked.

Many of the bands will play noise sets regardless of their typical musical style. This might include an avant-garde mix of improvisational drumming, playing non-musical objects such as sheets of glass or screaming into a microphone.

Novice noise fans shouldn’t be afraid, though. In spite of its name, INC doesn’t require that every set consist of noise. It’s possible to hear something approaching listenable music at the show.

Although he disdains the pop-punk bands that flood college radio stations these days (he has a particular distaste for Green Day), Falestra said he’s not averse to tossing more mainstream acts into the lineup to keep things from getting predictable.

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WATCH: American dies after Mexican tiger act goes terribly wrong

An American tiger trainer was killed at a circus in northern Mexico Saturday when one of the tigers he was performing with mauled him.

Alexander Crispin, 35, was circling two tigers as part his act for the Circo Suarez when one of the two tigers he was working with leaped off its perch and attacked him.

The tiger pulled Crispin to the ground and attacked his neck, according to SDPnoticias.com.

Crispin was taken to a local Red Cross hospital where he received treatment but later died after going into hypovolemic shock due to extreme blood loss.

Tiger attacks against humans are extremely rare in the wild, although their have been a number of high profile attacks involving stage tigers and their trainers.

The most famous of these occurred in October 2003 when Roy Horn, of the famous Siegfried & Roy Las Vegas show, was attacked by a 7-year-old white tiger named Montecore during one of the duo's performances.

Horn was in critical condition for several weeks after he suffered massive blood loss and a stroke, but eventually recovered.

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Cutting edge tech from Swiss Army

The Victorinox Swiss Army Jetsetter looks like a traditional pocket knife the company is famous for, but instead of the knife you get a pocket full of storage.

A foldout and detachable USB 2.0 flash drive is among the features in the mini tool kit, which includes a ball point pen, bottle opener, Phillips screwdriver, tweezers and scissors in the 16 GB model I tested out.

The detachable flash drive is Windows- and Mac-friendly, although it comes loaded with Mac-friendly security software to protect your data stored on the device.

It’s available in capacities of 8 GB black ($39.95), 16 GB red ($49.99) and 32 GB silver ($99.99). There are a few different features in each, with the 32 GB model having a LED mini light, for example.

Details: www.swissarmy.com

A great find

Kensington’s Proximo Fob and Tag Kit creates a wireless (Bluetooth) monitoring system between your keys, accessories and an iPhone (4S or 5) that will alert you if they are separated.

I tried the starter kit ($59.99), which includes a fob, tag, keyring and has a screen driver to open the hardware and insert the included CR2032 lithium coin batteries, along with a key ring.

The fob attaches to the key ring and after you have it linked with the free Kensington Proximo app, anytime the devices are separated an alarm sounds. If your phone is within range but you can’t find it, press a button.

It’s easy to think of this as a monitoring device for your expensive smartphone but it also works in reverse once everything is linked up. With your phone in your pocket or purse, it can alert you that you have left your keys behind.

can be placed in a computer bag or attached to anything (or anyone) that you want alarmed. But unlike the fob, it’s only one direction; the app will find it but you can’t use it to find your phone.

The Proximo App Dashboard tracks up to five items with a single fob and up to four tags. Additional tags cost $24.99 each.

If you get out of range between the devices, an app lets you tap a button to let you know where your device was last seen and even pulls up a map with a specific address.

Details: www.Kensington.com

Sound investment

RadioShack’s Auvio expanding Bluetooth speaker ($39.99) is as simple and useful as a gadget can be. Just twist open the speaker, pair it with your device via Bluetooth and you’ll be amazed at how much better the sound is than the built-in speaker on your smartphone or tablet.

A rechargeable battery is built in for up to eight hours of use and can be powered up in two hours with a USB charge using the included cable.

It is 2.5 inches in diameter, just over 3-inches tall when expanded and about 2.5 inches when closed.

Another choice, with a bigger size (2.8-by-6.5-by-2.9 inches) but much better sound is the brick-shaped Auvio Portable Speaker ($79.99).

Both speakers have aux-in ports to connect to non-Bluetooth devices.

Details: www.radioshack.com

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Keys ‘Seahag’ gets 30 years for killing man who refused to give her a beer

Former Conch Key resident Carolyn Dukeshire has the next 30 years to think about the can of Busch Light beer she never got from neighbor Martin Mazur.

That's the reason Dukeshire, 62, shot and killed Mazur, 64, last July 29 — she asked Mazur for a beer and he said no. That's when she shot him five times outside his Conch Key home.

Dukeshire — known by her friends and co-workers as the Seahag — pleaded guilty to second-degree murder Thursday, accepting an agreement with the Monroe state attorney's office for a maximum 30 years in prison. Assistant Public Defender Patrick Stevens represented her.

A grand jury handed down a first-degree murder charge against Dukeshire in August.

Assistant State Attorney Tanner Demmery said Mazur's brother was at Thursday's hearing before acting Circuit Court Judge Ruth Becker.

"The brother of the victim, he elected to have the victim advocate read his prepared statement to the court. Ms. Dukeshire had no comment," he said.

Demmery said Dukeshire submitted a statement to Becker indicating her remorse and that she'd pay the rest of her life for losing composure in that moment.

A 17-year Keys resident, Dukeshire had no previous arrest history in Monroe County.

According to a Monroe County Sheriff's Office report, just before the shooting, Dukeshire reportedly asked Mazur, for whom she had previously done some lobster-trap work: "Do you have a cold beer for me?" He reportedly replied, "I have absolutely nothing for you."

That's when Dukeshire shot Mazur twice in the lower right abdomen, twice in the back and once in the right wrist.

Deputy Michael Claudy's report says "it seems apparent" Mazur was attempting to flee from the gunfire but collapsed near a tiki bar in his backyard.

Mazur's reported business partner, Casey Whippo, 30, witnessed the shooting and told police he struggled with Dukeshire for the gun. Sheriff's office divers recovered the small-caliber weapon the next day in a canal behind the house.

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Estonian pleads guilty in U.S. court to Internet advertising scam

NEW YORK (Reuters) – An Estonian man pleaded guilty on Friday in U.S. federal court for his role in a massive Internet scam that targeted well-known websites such as iTunes, Netflix and The Wall Street Journal.

The scheme infected at least four million computers in more than 100 countries, including 500,000 in the United States, with malicious software, or malware, according to the indictment. It included a large number of computers at data centers located in New York, federal prosecutors said.

Valeri Aleksejev, 32, was the first of six Estonians and one Russian indicted in 2011 to enter a plea. They were indicted on five charges each of wire and computer intrusion. One of the defendants, Vladimir Tsastsin, was also charged with 22 counts of money laundering.

In U.S. District Court in Manhattan on Friday, Aleksejev pleaded guilty to conspiracy to commit wire fraud and conspiracy to commit computer intrusion. He faces up to 25 years in prison, deportation and the forfeiture of $ 7 million.

The scam had several components, including a “click-hijacking fraud” in which the malware re-routed searches by users on infected computers to sites designated by the defendants, prosecutors said in the indictment. Users of infected computers trying to access Apple Inc’s iTunes website or Netflix Inc‘s movie website, for example, instead ended up at websites of unaffiliated businesses, according to the indictment.

Another component of the scam replaced legitimate advertisements on websites operated by News Corp’s The Wall Street Journal, Amazon.com Inc and others with advertisements that triggered payments for the defendants, prosecutors said.

The defendants reaped at least $ 14 million from the fraud, prosecutors said. However, Aleksejev’s lawyer, William Stampur, said in court on Friday that Aleksejev has no assets.

Estonian police arrested Aleksejev and the other Estonians in November 2011. One other Estonian, Anton Ivanov, has been extradited, and the extradition of the other four is pending, according to the U.S. Attorney’s office in Manhattan. The Russian, Andrey Taame, remains at large, according to the U.S. Attorney’s office.

Aleksejev told Magistrate Judge James Francis he assisted in blocking anti-virus software updates on infected computers. Francis asked Aleksejev if he knew what he was doing was illegal.

“I thought it was wrong,” Aleksejev said in broken English after a long pause. “But of course I didn’t know all the laws in the U.S.”

Francis set a tentative sentencing date of May 31 for Aleksejev.

The case is USA v. Tsastsin et al, U.S. District Court in Manhattan, No. 11-00878.

(Reporting by Bernard Vaughan; Editing by Dan Grebler)

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Director in Conn. for movie about school shooting

RIDGEFIELD, Conn. — A film director is coming to Connecticut to prepare for a made-for-TV movie about the Newtown school shooting.

Jonathan Bucari tells News 12 Connecticut that he's planning to be in Ridgefield on Monday to get ready for the project.

Ridgefield is about 20 miles southwest of Newtown, where a gunman killed 20 first-graders, six educators and himself on Dec. 14 after fatally shooting his mother at their home in Newtown.

Bucari says he picked Ridgefield because he didn't want to upset Newtown residents so soon after the killings, and Ridgefield has a similar look and feel to Newtown.

AFP/Getty Images

Balloons hang on a sign at the entrance to Sandy Hook School in Newtown, Connecticut.

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Bright spots in Latin America despite global economic uncertainty

There are bright spots as Latin American and Caribbean economies begin the year but the uncertain health of the U.S. economy, the lingering financial crisis in Europe and more sluggish growth in China are casting shadows over the region.

A decade ago, dim prospects in those major markets would have delivered a knock-out punch in the region, but this year Latin American and Caribbean economies are expected to grow by 3.5 percent and average 3.9 percent growth in 2014 and 2015, according to a World Bank forecast. The United Nations’ Economic Commission has a slightly more sanguine forecast of 3.8 percent growth in 2013.

Both are better than the 2.4 percent growth the World Bank is forecasting for the global economy and the mere 1.3 percent increase it is predicting for high-income countries.

The U.S. economy grew by 2.2 percent in 2012. But the economy shrank 0.1 percent in the fourth quarter and the first quarter of 2013 also could be sluggish..

“That creates a soggy start for 2013 in Latin America,’’ said David Malpass, president of Encima Global, a New York economic consulting and research firm.

With a recession in Japan, even slower growth expected in Europe than in the United States, and questions about whether the dip in the Chinese economy has bottomed out and whether the United States will be making sharp cuts in defense spending and other federal programs come March 1, Latin American and Caribbean nations can’t really depend on the industrialized world to spur growth.

The region must look inward and undertake structural reforms that will allow growth from domestic factors, said Malpass, who was in Miami in January for an event organized by the University of Miami’s Center for Hemispheric Policy.

Panama’s $5.25 billion investment in expansion of the Panama Canal is an example of the inward focus that will pay off down the road, said Malpass. By 2015, Panama plans to have completed two new sets of locks on the Atlantic and Pacific sides of the canal and the deepening and widening of existing channels to accommodate the so-called Post-Panamax ships too big to traverse the current locks.

“It’s a difficult period but a period where developing countries are growing solidly but not as quickly as they might otherwise want to,’’ said Andrew Burns, the lead author of the World Bank’s annual Global Economic Trends report.

That means they should focus on investment in infrastructure and healthcare, structural policies, regulatory reforms and improvements in governance that will pay future dividends down the road, Burns said.

Such economic reforms, plus high commodity prices enjoyed by countries with fertile fields and mineral wealth, helped the region move beyond the global financial crisis of 2008 and 2009 far more quickly than it did when it was so dependent on economic cycles in the rest of the world.

Economic growth slowed in Latin America and the Caribbean from 4.3 percent in 2011 to an estimated 3 percent but that was still better than the 1.3 percent growth high-income countries managed in 2012, according to The World Bank.

China will continue to play a major role in Latin America and the Caribbean this year but whether the slowdown in China has reached its low point is subject to debate. But it’s relative. Slow growth in China would be brisk growth elsewhere. China says its gross domestic product grew 7.8 percent in 2012, the most tepid growth in 13 years and a comedown from 9.3 percent growth in 2011.

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Plenty of opinions on fixing the nation’s broken immigration system

Most agree that the nation’s immigration system is broken, but there’s no agreement on fixing it.

This week, the debate over immigration reform emerged once again. President Barack Obama outlined his plan on a visit to Nevada on Tuesday. On Monday, a bipartisan group of eight senators, including Florida Sen. Marco Rubio, outlined their plan. Both similar, but one key difference is the time it takes for the nation’s 11 million undocumented immigrants to become legal U.S. residents and, eventually, U.S. citizens.

Obama’s plan would allow undocumented immigrants to receive work permits and, presumably, quickly begin the process of applying for permanent legal U.S. residency — more commonly known as a green card. The Senate proposal would put undocumented immigrants in line with everyone else trying to get into country, a process that could take decades to complete.

There is no specific bill on the table, but Obama and top Senate leaders from both sides of the aisle say they want to a bill passed by summer’s end.

The Miami Herald sought the opinions of members of HeraldSource by asking whether undocumented immigrants should be allowed to get on a path to citizenship and what requirements would have to be met to qualify.

The group is part of the popular Public Insight Network and helps The Herald explore timely issues in the news. Here’s a sampling of the comments:

Kirsten Llama, of Miami:

“Yes. As long as they do not commit crimes and make an effort to learn English. They are here. We need them. They take jobs many natives will not take. They will pay their fair share of taxes as citizens. If they serve in the military or work in humanitarian jobs, such as medical and education, they should be given a faster path [to citizenship]. Insist they go home for half a year before they reapply to return. If they do not fulfill their jobs, they should be sent home.

Ed Wujciak, of Hollywood:

Yes. The presence of “second-class residents,” which is what undocumented immigrants are, creates great strains in our society. These people are vulnerable, afraid, and powerless to participate in the society they live in. They are here because the U.S. government has had a “see no evil” attitude toward them. They were allowed to come and stay because they work cheap and boost corporate profits, but they are powerless to improve their situation. In other words, they’re perfect employees. Plus, their presence in such great numbers puts great downward pressure on the wages and working conditions of everyone else. Our policy toward these people has been dishonest and exploitative. Our policies acted as an unspoken invitation and we owe them the dignity of legal status.

Fred San Millan, of Miami:

No. It will open a floodgate and more people will invade the United States, creating a real social calamity that will definitely affect this country forever on all fronts, social and economic. I would keep the same rules of a balanced quota for each country, and register the illegal in this country without persecuting them, however. [I suggest] a nationwide referendum for this immigration problem.

Ed Gugliotta, of Miami Beach:

No. Not before all the others that are legally in line waiting for their chance, such as family members, professional workers [H1B or O visas, investors E1, L1] visas, who have been in the country for many years, abiding by the law, paying taxes, investing and waiting patiently their so slow process to obtain at least a green card. Ease the process of obtaining the Green Card for family members and workers that have shown good faith and honest intention on becoming valuable and productive residents, Undocumented immigrants can then follow the legal path to citizenship. Secure the borders so no more illegals can access the American soil, and undocumented already here (although they are technically felons) must learn the language, have a local resident or citizen as sponsor, no criminal background, and some kind of skill useful for the nation. Then they could obtain some kind of parole permit that would allow them to stay, have a job, get a driver’s license, pay taxes and a two-year test period before accessing a special, say, blue card that would allow them to stay for 5 years, and subsequently, if accepted, request the green card.

Sergio R. Bustos is The Miami Herald’s politics and state government editor. He can be reached at sbustos@MiamiHerald.com. Public Insight Journalism Analyst Stefania Ferro can be reached at sferro@ MiamiHerald.com. Sign up for the Public Insight Network by going to MiamiHerald.com/Insight.

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China May (or May Not) Be Behind the Twitter Hack

You may not have heard, but roughly 250,000 Twitter accounts may have been compromised by hackers. There’s a theory that — if you read between the lines — Twitter is implying the Chinese are to blame for compromising their security. 

RELATED: The Chinese Want to Know Why Their News Is on Twitter and They Aren’t

Twitter revealed that roughly a quarter million accounts may have been compromised by hackers in a blog post Friday evening. (A classic Friday evening news dump if there ever was one; they got a $ 10 billion valuation the same day.) 

RELATED: A Punk Prince, Women in the Military, a New Tennis Controversy

Bandits might have made away with “usernames, email addresses, session tokens and encrypted/salted versions of passwords – for approximately 250,000 users.” They think. A Twitter representative stressed to the Verge that they’re still investigating; there’s a chance we’re all safe. 

RELATED: World Languages Mapped by Twitter

But was China behind it all?! That’s an emerging theory. We don’t know who was behind it. Twitter doesn’t say directly. None of the usual suspects have claimed ownership of the attack. (Yet.)

RELATED: The Good, the Bad, and the Fuzzy of Twitter’s New Censorship Rules

But Twitter mentions the New York Times and Wall Street Journal hacks in their opening paragraph, apropos of nothing, really. It could mean the company was just trying to show they’re not alone in being targeted — look at these bullies picking on these other kids, too. Or it could mean they’re subtly implying China is behind it all. 

RELATED: Did the Berlin Wall’s Fall Save China?

The last paragraph in Twitter’s statement is where the theory really gets its legs. Emphasis ours: 

This attack was not the work of amateurs, and we do not believe it was an isolated incident. The attackers were extremely sophisticated, and we believe other companies and organizations have also been recently similarly attacked. For that reason we felt that it was important to publicize this attack while we still gather information, and we are helping government and federal law enforcement in their effort to find and prosecute these attackers to make the Internet safer for all users. 

So, did they do it? These sophisticated hackers who targeted other companies and organizations sure sounds like they’re implying it was China.

Was it China in the basement with the Cheetos and Red Bull and impressive coding skill? We don’t know for sure, but we’re definitely looking for any and every clue we can find. 

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Deadly deserts

Ralph Peters

Violence in Allah’s name in northern Africa won’t end in my lifetime — and probably not in yours. The core question is: To what extent can the savagery be contained?

From the Atlantic coastline to the Suez Canal, struggling governments, impoverished populations and frankly backward societies struggle to find paths to modernization and to compete in a ruthless global economy. Religious fanatics for whom progress is a betrayal of faith hope to block development.

Still, if the only conflict was between Islamist terrorists and those who want civilized lives, the situation could be managed over time. But that struggle forms only one level in a layer cake of clashing visions and outright civil wars bedeviling a vast region. Much larger than Europe, the zone of contention encompasses the Maghreb, the countries touching the Mediterranean, and the Sahel, the bitterly poor states stretching down across desert wastes to the African savannah.

AFP/Getty Images

Figthers of the Islamic group Ansar Dine

The Sahel is the front line not only between the world of Islam and Christian-animist cultures in Africa’s heart, but between Arabs and light-skinned tribes in the north, and blacks to the south. No area in the world so explicitly illustrates the late, great Samuel Huntington’s concept of “the clash of civilizations.”

If racial and religious differences were not challenge enough, in the Maghreb the factions and interest groups are still more complicated. We view Egypt as locked in a contest between Islamists and “our guys,” Egyptians seeking new freedoms. But Egypt’s identity struggle is far more complex, involving social liberals, moderate Muslims, stern conservative Muslims (such as the Muslim Brotherhood) and outright fanatics. The military forms another constituency, while the business community defends its selfish interests. Then there are the supporters of the old Mubarak regime, the masses of educated-but-unemployed youth and the bitterly poor peasants.

Atop all that there’s the question of whether the values cherished by Arab societies can adapt to a globalized world.

The path to Egypt’s future will not be smooth — yet Egypt’s chances are better than those of many of its neighbors. Consider a few key countries in the region:

Mali

Viva la France! (Never thought I’d write that in The Post.) Contrary to a lot of media nonsense, the effective French intervention in Mali demonstrates that not every military response to Islamist terror has to become another Afghanistan: The French are welcome.

As extremists invariably do, al Qaeda in the Islamic Maghreb (AQIM) and its allies rapidly alienated their fellow Muslims — after hijacking a local uprising. The local version of Islam is far more humane and tolerant than the Wahhabi cult imposed by Islamist fanatics. To the foreign extremists, the Malian love of Sufi mysticism, ancient shrines and their own centuries of religious scholarship are all hateful — as is the Malian genius for music that’s pleased listeners around the world.

Have a comment on this PostOpinion column? Send it in to LETTERS@NYPOST.COM!

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Hollywood cardiologist’s ties with St. Jude sales rep raises red flags

Mark Sabbota, a Hollywood cardiologist, regularly implants $5,000 pacemakers in patients at Memorial hospitals in South Broward — generating, last year alone, more than a half-million dollars in sales for a manufacturer called St. Jude Medical.

Sabbota, public records show, also happens to be partners with a St. Jude sales rep in two corporations that run frozen yogurt shops.

What’s yogurt got to do with healthcare?

Perhaps nothing. Perhaps a lot. The question is connected to an on-going lobbying battle in Washington over a pending disclosure policy intended to more clearly reveal financial ties between physicians and the healthcare industry — often-murky relationships that have produced a long history of whistle-blower lawsuits, federal investigations and fines.

Sabbota, in a brief interview, adamantly denied any conflict of interest. “There has been no wrongdoing at all,” he said.

Memorial spokeswoman Kerting Baldwin also said the hospital saw no problem with the yogurt arrangement. As a “community” doctor, not a staff employee, Baldwin said Sabbota can select from a list of pacemakers approved by the hospital but has no say over what companies made the list.

“As for why he prefers to use St. Jude, I won’t speak for him,’’ she said. “You’d have to ask him that.”

But several medical ethics experts said such relationships fall in a gray area. They raise what Kenneth Goodman, bioethics director at the University of Miami, called “red flags” about whether the doctor’s motivation in choosing a device “is something other than the best interests of the patient.”

“Maybe it’s just a good business arrangement that has nothing to do with the devices he chooses,” said Charles D. Rosen, a California physician who is co-founder of the Association for Medical Ethics. “But the issue is public disclosure and transparency. You as a patient should have the right to know about a doctor’s financial relationships with companies.”

Concerns about the relationship between doctors and healthcare companies have been simmering for years. Americans are so suspicious of doctors’ connections that, in a 2008 Pew Charitable Trusts survey, 86 percent of patients said doctors should not be allowed to get free dinners from drug makers and 70 percent said doctors shouldn’t even be allowed to get free notepads and pens.

The 2010 Affordable Care Act includes a provision intended to address some aspects of these often-cozy relationships. Starting Jan. 1, healthcare companies were supposed to publicly post how much they were paying doctors. But that provision has been held up in the White House by intense lobbying.

“I don’t know why the hold-up, except the intense opposition of the industry,” Rosen said. His group, including members of the Harvard Medical School and Cleveland Clinic, wrote a letter to the Obama administration last month protesting the delay.

The group complains that the healthcare industry is trying to soften the rules so that foreign subsidiaries and doctors engaged in clinical trials wouldn’t have to reveal payments. But even if the disclosure rules are implemented, a side deal like Sabbota’s yogurt company would not have to be revealed under the new law, Rosen said.

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