Judge: No felony for dad in Facebook posting

Andre Curry, 22, talks about his felony conviction for posting a Facebook photo of his daughter bound and gagged with tape being reduced to misdemeanor domestic battery. (Chris Walker, Chicago Tribune)

By Jason Meisner




Tribune reporter

12:49 p.m. CST, January 4, 2013

A Cook County judge today reversed himself, reducing the conviction to a misdemeanor for a dad who posted a Facebook photo of his 22-month-old bound and gagged with tape.

Judge Lawrence Flood had convicted Andre Curry in November of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him today when he did an abrupt about-face.

In reducing Curry’s conviction to misdemeanor domestic battery, the judge said that after reviewing the law, he found no intent to obstruct the child's breathing. He sentenced Curry to 18 months of probation and ordered him to take parenting classes.

Despite his change of heart, Flood said that Curry showed an extreme "lack of judgment."

"In your rush to show everyone how funny you were, you used...a helpless 22-month-old child who was completely dependent on you as a prop," Flood said. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case."

Curry thanked the judge in a soft voice and apologized to his family.

"I'm sorry for everybody who’s been on the edge of their seats out there," he said. 

Curry, 22, had been free on bond since his felony conviction but had faced up to 7 years in prison before the judge changed his mind.

At trial, Flood had acquitted Curry of unlawful restraint but found him guilty of the two battery counts, saying in a brief ruling that by placing tape over the girl's mouth, he had obstructed her breathing for his own enjoyment.

"To use a child...as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Flood said at the time.

Curry told police he was playing with his daughter one night at their South Side home and used blue painter’s tape to bind her ankles and wrists and cover her mouth. He then snapped a photo and uploaded it on his Facebook page.

Across the top of the photo were the words: "This is wut happens wen my baby hits me back," according to prosecutors and police reports. The message was followed with a winking emoticon.

Family members have said that Curry is playful and the photograph was meant to be a joke.

But the image went viral on the Internet, prompting a flood of calls to police and state child-welfare authorities from Curry’s friends on Facebook and others who had seen it.

jmeisner@tribune.com

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Actor Dempsey: Coffee chain bid appears successful

SEATTLE (AP) — Actor Patrick Dempsey said it appears his bid to buy a small coffee chain has prevailed in a bankruptcy auction that included Starbucks Corp.

Late Thursday night, Dempsey announced that his company, Global Baristas LLC, made the winning bid for Tully’s Coffee. He noted in a KOMO-TV interview that a bankruptcy judge will have the final say on Jan. 11. Still, Dempsey tweeted “We got it! Thank you Seattle!”

Dempsey’s company will pay $ 9,150,000 for Tully’s and complete the purchase later this month after the court hearing, he said in a statement.

“I’m thrilled that we won and I’m even more excited about saving Tully’s Coffee and its hundreds of jobs,” he said. “Tully’s is a great company with committed employees, and with its base in Seattle, one of the world’s greatest cities, I’m confident we will be able to successfully build the brand and help grow the economy. “

Tully’s Coffee has 47 company-owned locations in Washington and California. The company, with more than 500 employees, filed for Chapter 11 bankruptcy protection in October.

Dempsey, who gained the nickname “McDreamy” on the TV show “Grey’s Anatomy” set in a fictional Seattle hospital, has said he wants to rescue the chain.

“Seattle has been very good to me over my career, and I am honored to have the privilege to own Tully’s and work closely with the company’s employees,” he said in his statement.

After Thursday’s auction, Starbucks spokesman Zack Hutson confirmed his company participated and “is currently in a back-up position” for some of Tully’s assets. The final certification of the winning bid won’t occur until the Jan. 11 bankruptcy court hearing, Hutson said.

“We have to wait until next week to make sure everything — I believe the 11th — to make sure it’s all finalized,” Dempsey told KOMO-TV.

The Starbucks spokesman said his company made an offer for 13 of Tully’s company-owned stores in the Puget Sound region plus 12 outlets at Boeing Co. sites. Hutson said another bidder made an offer for all other assets — and is in a back-up position for those.

Also in the running was Baristas Coffee, which operates a chain of drive-thru espresso stands featuring female employees in skimpy outfits.

Both Starbucks and Tully’s are based in Seattle.

The auction process was not public.

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U.S. unemployment holds at 7.8%

CBS News business and economics correspondent Rebecca Jarvis talks to Norah O'Donnell and Anthony Mason about the final jobs report of 2012 to be released later today.

The pace of hiring by U.S. employers eased slightly in December, pointing to a lackluster pace of economic growth that was unable to make further inroads in the country's still high unemployment rate.

Payrolls outside the farming sector grew 155,000 last month, the Labor Department said on Friday. That was in line with analysts' expectations and slightly below the level for November.

Gains in employment were distributed broadly throughout the economy, from manufacturing and construction to health care.

That should reinforce expectations that the economy will grow about 2 percent this year, unlikely to quickly bring down the unemployment rate or make the U.S. Federal Reserve rethink its easy-money policies, which have been propping up the recovery.

"It's not a booming economy, but it is growing," Jim O'Sullivan, an economist at High Frequency Economics in Valhalla, New York, said before the data was released.

The jobless rate held steady at 7.8 percent in December, down nearly a percentage point from a year earlier but still well above the average rate over the last 60 years of about 6 percent.

The Labor Department raised its estimate for the unemployment rate in November by a tenth of a point to 7.8 percent, citing a slight change in the labor market's seasonal swings.

Most economists expect the U.S. economy will be held back by tax hikes this year as well as by weak spending by households and businesses, which are still trying to reduce their debt burdens.

Friday's data nonetheless gave signals of growing momentum in the labor market's recovery from the 2007-09 recession. Many economists had expected December's payroll gains to be padded by one-time factors like the recovery from a mammoth storm that hit the East Coast in late October.

The government had said last month the storm had no substantial impact on the November data, and many economists expected the government to recant by revising downward in Friday's report its estimate for payroll gains in November. Instead, the government revised its estimate for November payrolls upward by 15,000.

"There is some evidence that underlying jobs growth has improved," Paul Dales, an economist at Capital Economics in London, said before the report was released.

AUSTERITY'S BITE

Despite the signs of some momentum in hiring, a wave of government spending cuts due to begin around March loom over the economy.

Many economic forecasts assume the cuts - which would hit the military, education and other areas - will ultimately be pushed into next year as part of a deal sought by lawmakers to reduce gradually the government's debt burden.

Initially, the cuts were planned to have begun this month as part of a $600 billion austerity package that also included tax hikes. Hiring in December may have been slowed by uncertainty over the timing of the austerity, economists say.

Congress this week passed legislation to avoid most of the tax hikes and postpone the spending cuts.

Even with the last-minute deal to avoid much of the "fiscal cliff," most workers will see their take-home pay reduced this month as a two-year cut in payroll taxes expires.

That leaves the Fed's efforts to lower borrowing costs as the main program for stimulating the economy.

The Fed has kept interest rates near zero since 2008, and in September promised open-ended bond purchases to support lending further. On Thursday, however, minutes from the Fed's December policy review pointed to rising concerns over how the asset purchases will affect financial markets.

Analysts ahead of the report expected some of the strength in job creation in December would be due to the Fed's policies.

"Despite the end-of-year angst over the ‘fiscal cliff,' financial conditions remained supportive of job growth in December," economists at Nomura said in a note to clients earlier in the week.
 

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Feds drop escape charge in downtown prison break

In a surprise move, federal prosecutors today dropped an escape charge against Joseph Jose Banks, a convicted bank robber who made a daring escape from a high-rise South Loop jail by rappelling down some 15 stories with a rope fashioned from bed sheets only to be captured three days later on the North Side.

When he made the bold break for freedom from the Metropolitan Correctional Center, Banks, 37, already faced up to 80 years in prison for his conviction the previous week for holding up two banks and trying to rob two others.

To try to obtain the stiffest sentence possible for Banks, prosecutors can use the escape as aggravation at his sentencing for the bank holdups.

The escape charge, by comparison, carried only a maximum of five additional years in prison on conviction.

By dropping the escape charge, prosecutors also avoid another trial for Banks.

After his indictment for the bank robberies, Banks changed his attorneys multiple times and flooded the court with motions, all serving to stall the start of the trial for nearly five years after his 2008 arrest.

Then at trial Banks represented himself and caused repeated interruptions by refusing to recognize the rules of the court and defying orders from the judge.

At one point, he was briefly restrained in a chair.

Banks’ cellmate, Kenneth Conley, also took part in the escape on Dec. 18 and remains at large.

asweeney@tribune.com

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More leaked BlackBerry Z10 pictures emerge along with new details

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Putin gives tax exile Depardieu Russian citizenship

MOSCOW (Reuters) – Russian President Vladimir Putin has granted citizenship to Gerard Depardieu, the French movie star who is quitting his homeland to avoid a tax hike on the rich, the Kremlin said on Thursday.

The “Cyrano de Bergerac” actor bought a house across the border in Belgium last year to avoid a new tax rate for millionaires in France planned by Socialist President Francois Hollande but said he could also seek tax exile elsewhere.

Kremlin spokesman Dmitry Peskov said Depardieu had applied for citizenship after Putin told reporters last month the actor would be welcome in Russia. “The citizenship could not have been granted to him without (such an) appeal,” Peskov added.

Russia has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.32 million) that Hollande wants to impose in France.

Asked, whether Depardieu had plans to move to Russia, Peskov said it was up to him and was “absolutely not mandatory”. Putin did not speak to Depardieu before taking the decision, he added.

Depardieu’s publicist Francois Hassan Guerrar told Reuters he did not want to comment on the Russian announcement.

Depardieu, 63, had told friends he was considering three options to escape France’s new tax regime: settling in Belgium, relocating to Montenegro, where he has a business, or moving to Russia, French daily Le Monde reported in December.

Depardieu has also said he plans to hand in his French passport and social security card.

“Putin has already sent me a passport,” Le Monde quoted the actor as jokingly saying in December.

WELCOME IN RUSSIA

Depardieu is well-known in Russia where he has appeared in many advertising campaigns. He worked in the country in 2011 on a film about the eccentric Russian monk Grigory Rasputin.

In 2012 he was one of several Western celebrities invited to celebrate the birthday of Ramzan Kadyrov, Chechnya’s Kremlin-backed leader.

Muscovites said they would welcome Depardieu. “He is a normal guy, he is fond of drinking too, I suppose, the Russian way, so let him come here,” said resident Lev Nikolaevich.

Putin has in the past touted good relations with France, which he visited in the summer, but the two nations have disagreed sharply on Syria and Putin is a frequent critic of the West. He had a tense summit with the EU last month and wants the bloc to move faster toward visa-free travel.

Russia does not require people to hand in their foreign passports once they acquire a Russian one. Many Russians have citizenship of other countries and travel without problems.

Depardieu could also request Belgian nationality but has not yet made such a request, said Georges Dallemagne, head of Belgium’s parliamentary committee that oversees naturalizations.

“As a Russian he could certainly remain in Belgium, he would possibly need the necessary visas but for a short period he could stay here,” said Dallemagne.

“He would need to request a residency permit for longer stays but as a Russian he should be able to get that. It depends on certain factors,” Dallemagne added.

France’s Constitutional Council last month blocked the planned 75 percent tax rate due to the way it would be applied – but Hollande plans to propose redrafted legislation which will “still ask more of those who have the most”.

(Writing by Megan Davies; Additional reporting by Steve Gutterman, Nikolai Isayev and Alexander Fedorov in Moscow, Catherine Bremer in Paris and Robert-Jan Bartunek in Belgium; Editing by Andrew Heavens)

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Google puts Motorola campus on market

An aerial view of the Motorola Mobility headquarters in Libertyville. (Motorola Mobility photo / January 3, 2013)

Tribune staff

10:47 a.m. CST, January 3, 2013

Google has put up for sale Motorola Mobility Holdings Inc.'s 1.1 million-square-foot headquarters in Libertyville.

The asking price for the property is not being disclosed, according to a spokeswoman for Binswanger, exclusive agent on the property.

The 20-year-old corporate campus, which was used for office space and research and development labs, consists of four connected, multistory buildings and includes a daycare center, cafeteria, full-service gym and other recreational facilities. Renovations to the buildings were undertaken in 1998 through 2005. There also is parking for 3,400 vehicles.

In May, Google completed its acquisition of Motorola Mobility, making it a wholly owned subsidiary. Two months later, the company announced it would move Motorola Mobility's headquarters to the Merchandise Mart in downtown Chicago in 2013.

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Simon, TV star support 'real families' formed by gay marriage

"Modern Family" actor Jesse Tyler Ferguson, who plays Mitchell on the show, joined Lt. Governor Sheila Simon in Chicago on Wednesday at the James R. Thompson Center to launch marriage equality days of action. (Posted on Jan. 2, 2013)

Jesse Tyler Ferguson, a star of ABC’s “Modern Family,” joined Lt. Governor Sheila Simon this morning in Chicago to advocate for gay marriage in Illinois.

Simon, Ferguson and other supporters are heading to Springfield Thursday for “Bow Tie Lobby Day,” where they’ll encourage legislatures to wear bow ties in support of the marriage equality bill that could come before the senate this week.

Ferguson said his role as part of a gay couple on the popular television show has helped him use “wit and humor” to tackle a serious issue. The nation’s forward movement on marriage equality has been encouraging, he said, and he wants to continue the call to action in Illinois.

His fiancé Justin Mikita accompanied him to the press event.

“I’m looking forward to raising a family with Justin and having our kids grow up in an equal America. I had a hard time coming out and certainly had struggles with my parents. … If the 12-year-old me had been able to turn on the TV and see a sitting president say he supports marriage equality, it would have made all the difference for me and certainly given me a lot of hope,” Ferguson said.

Modern Family’s popularity and presence in American homes has also helped the issue of marriage equality forward, Ferguson said.

“I think it’s a bit like a Trojan horse. A lot of people who were not comfortable with marriage equality … turn on the television and see a show that has a lot of different families in it — and one of those families just happens to be gay. They’re realizing they have a great time watching the show, then they’re watching a gay couple that’s having a lot of the same problems and issues they have. They realize ‘Oh they’re not so different from me.’ And at that point, we’re in their living rooms,” he said.

Simon sought to counter the argument put forth in a letter from Cardinal Francis George and his bishops on Tuesday that same-sex marriage laws create a “legal fiction.”

"The state has no power to create something that nature itself tells us is impossible," George and the bishops wrote in a letter to priests.

Simon argued that adoption is similarly a “legal fiction” that helps citizens form a family unit — and one that she also supports.

“Families are not a constant thing and the law of how we build our families has changed greatly over time. … There are a lot of ways we put together families that don’t involve reproduction,” Simon said.

Ferguson and Simon were joined by openly gay state representatives Rep. Kelly Cassidy and Rep. Deb Mell, and Mell’s wife Christin Baker.

Cassidy said she hopes for a roll call in the senate tomorrow.

“I do this not just as a legislator but a mom of three kids,” Cassidy said. “I want the world to be better for them. I want them to know our family is like any other in this state. And they want that too.”

Ferguson and Mikita recently launched “Tie The Knot,” a foundation that sells bow ties with profits going to charitable organizations that support gay marriage. The two planned to head to Naperville this afternoon to visit The Tie Bar, a boutique that sells their ties.

Simon called on Illinois residents and their extended families to reach out to their legislators in support of gay marriage.

“I think the people who really make the difference are the moms and dads who take their kids to soccer practice, who go to church on Sunday, who are working with us in our offices, who are real families in the state of Illinois and deserve real recognition for that status,” Simon said.

bdoyle@tribune.com

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How to Sync All Your Calendars Onto One Smartphone

It’s a simple request: I just want my online calendars to sync with my smartphone… is that too much to ask? It took some initial research and finesse, but I’ve discovered the best ways to get your Yahoo and Google calendars to appear on either an Android or Apple IOS mobile device.

Google Calendar on Android Phone
When you first set up your Android phone, you had to create or enter your Google account info, so the phone already has the login info for your Google Calendar. Now you can go to your phone’s Settings, choose Accounts, click the Google account and then make sure “Sync Calendar” is checked. Then go to the Calendar App on your Android phone and it should be there.

For multiple calendars, hit the Settings button and then Calendars to customize which Google calendars you see.

Yahoo Calendar on Android Phone
Although it seems like it should be easy to add the Yahoo Calendar to your Android, I never got mine to sync. Theoretically, you would open the Android calendar on your phone, hit the Settings option, and Add Account. But depending on the flavor of Android I tried, I either couldn’t add a Yahoo account or when I did, it didn’t sync. It could just be me, but I found a lot of people online with the same issue. So I tried one of the most recommended apps to solve the problem – Smoothsync for Yahoo. It costs just under three dollars, and once you install it, you can sync all your Yahoo calendars into the native Android calendar. Ah, sweet relief.

[Related: New Tricks for New (and Old) Androids]

Yahoo Calendar on iPhone
On your IOS device, hit Settings. If you haven’t added your Yahoo Account yet, do so by going to Mail, Contacts, Calendars. Choose “Add Account.” Once you’ve input your Yahoo login info, the next screen gives you the option to Sync Mail, Contacts, and Calendars. Make sure calendars is on. Hit the Home button, open the IOS calendar. Hit the Calendars button on the top corner and you will see all your calendars listed under Yahoo. If you only have one Yahoo calendar, make sure you check to have it show in your IOS Cal. Also, many people have multiple Yahoo calendars: a family calendar, a work calendar, a soccer team calendar for the kids, and a personal calendar. You can customize which of these Yahoo Calendars show up by checking or unchecking them in this screen.

Google Calendar on iPhone
It’s a little more complicated, but you can also put a Google or Gmail calendar on the iPhone. Here’s how:

If you only have your one personal Google calendar to sync, you do things the same way as with Yahoo: Go to Settings on your IOS device, add your Google account (if you haven’t done so yet) by going to Mail, Contacts, Calendars. Choose “Add Account.”

Once you’ve input your Google login info, the next screen gives you the option to Sync Mail, Contacts, and Calendars. Make sure Calendars is on. Hit the Home button, then open the IOS calendar. Hit the Calendars button on the top corner and you will see your calendar listed under Google. You can track those Google dates in the IOS calendar and multiple Yahoo calendars at the same time.

But if you want multiple Google calendars, you need an app for that. Google does let you do this through their mobile site, but that’s basically just a website without the power of notifications and all the extras you like from your calendars. So I suggest getting the CalenMob app. It’s free with ads or $ 5 ad-free. It syncs all your Google calendars to the app (not the native IOS calendar) and adds in notification options, SMS functions and email alert options. It also syncs simultaneously to your Yahoo calendars.

[Related: True/False: Never Sell Your Old Phone]

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Dow soars 2% after deal to avoid 'cliff'

NEW YORK (Reuters) - U.S. stocks jumped on the year's first day of trading, after Washington lawmakers cut a last-minute deal to avert automatic tax hikes that threatened to stunt economic growth.

With the gains, the S&P 500 was on target for its highest close since October 19.

The rally was broad-based, with nine stocks rising for every one falling on the New York Stock Exchange. All 10 S&P 500 industry sector indexes rose at least 1 percent, led by the S&P financial index , up 2.2 percent.

The S&P Information Technology index gained 2.1 percent. Among the strongest names in the sector was Hewlett-Packard , which climbed nearly 5 percent to $14.95. HP's gain followed a miserable 2012, when the stock fell nearly 45 percent.

On New Year's Day, while the U.S. stock market was closed, Congress passed a bill to raise taxes on wealthy individuals and families, and preserve certain benefits, while avoiding immediate austerity measures. The combination of mandatory tax hikes and reduced federal spending, which had been set to go into effect on January 1, had been known as the "fiscal cliff.

"We had three choices: We were going to be off the cliff, we were going to be on the cliff, or we were going to avoid the cliff, and we avoided it," said Brian Battle, director of trading at Performance Trust Capital Partners in Chicago.

"There's a relief rally, some progress because we raised revenue, but I think it's going to be short-lived because the relief rally today was created by politics, and the next cliff is going to be created by politics."

The vote avoided income-tax hikes for all U.S. households, but failed to resolve other political budget showdowns. Spending cuts of $109 billion in military and domestic programs were delayed for just two months, as another fight over the U.S. debt limit also looms then.

The market's surge was due to "the concrete news as opposed to a lack of specific news" that was common during the negotiations, said Stephen Carl, head of U.S. equity trading at The Williams Capital Group in New York.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

The Dow Jones industrial average gained 223.60 points, or 1.71 percent, to 13,327.74. The Standard & Poor's 500 Index advanced 24.61 points, or 1.73 percent, to 1,450.80. The Nasdaq Composite Index climbed 66.87 points, or 2.21 percent, at 3,086.38.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.4 percent to $11.99 and Wells Fargo shares added 2 percent to $34.87. JPMorgan Chase & Co shares rose 1.5 percent to $44.34.

Shares of Zipcar Inc jumped 48.4 percent to $12.23 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis rose 4.5 percent to $20.72.

Shares of Apple rose 2.4 percent to $545, boosting technology stocks, following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software. Apple stocks struggled in the final weeks of 2012 before a rally to end the year.

U.S. manufacturing expanded slightly in December after an unexpected November contraction, an Institute for Supply Management report showed on Wednesday.

A Commerce Department report showed U.S. construction spending fell in November for the first time in eight months, as an extended bout of weakness in the business sector outweighed modest growth in outlays on residential projects.

The stock market's reaction to both reports was muted.

(Editing by Jan Paschal)

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