Amazon May Seem Unstoppable, But Google Is Powering the Counterattack



Back in 1990, other stores still had a chance against Walmart. As recalled in Charles Fishman’s The Wal-Mart Effect, a great history of the rise of the retail giant, it was that year when Walmart surpassed Kmart in sales. It wasn’t until 1992 that Walmart sold more than Sears. But by 2011, Walmart had higher sales worldwide than the combined total sales of the next six biggest retailers: Kroger, Target, Walgreens, Costco, Home Depot and CVS.


That year, Amazon ranked 15th on the list of overall largest retailers. Its sales for the past year, however, are likely to bump it to at least number seven in the rankings, ahead of CVS, and just a few billion behind Target. Amazon is bigger than Lowe’s, Best Buy, Safeway, Macy’s and Rite Aid, not to mention Kmart and Sears (now both part of the same company). Some Wall Street analysts believe Amazon’s sales could yet triple by 2016, which would make Walmart and Amazon the only two true rivals in retail.


The single best precedent for Amazon’s rise is Walmart’s own, and whether one day Amazon could top Walmart will be interesting to see. In the meantime, if its own experience offers any lesson, Amazon cannot rest. Though the company continues to cement its dominance as the internet’s default destination for buying stuff, a small army of little guys are seeking to peel off chunks of Amazon’s business, much as Amazon started out by taking aim at bookselling. And if Amazon was able to unseat so many iconic stores in just 15 years, then Jeff Bezos knows that the same could happen to him.


Bezos also knows that, unlike him, the startups biting Amazon’s ankles have an ally that sports a huge pair of shoulders on which to stand. Oh, and unlike Amazon, this giant – Google – makes huge profits.


Google’s increasingly aggressive effort to steal online retail from Amazon is turning into one of the most intriguing business battles of the year, and not just because of the sight of two behemoths pounding on each other. Google’s unique position in the internet’s infrastructure means that it can count on more than its own resources to take on Amazon. The search giant also serves as the platform from which everyone else trying to beat Amazon can use to fire their salvos. It’s a pretty high perch from which to take aim.


San Francisco-based Inkling is specifically shooting for Amazon’s book business. Founder and CEO Matt MacInnis observes that the Kindle isn’t especially well suited to the oversized, graphics-intensive layouts of many textbooks. Inkling seeks to overcome this limitation of traditional e-book formats through a layout engine specifically designed to re-envision textbooks for tablets, smartphones and the web.


But elegant design doesn’t take you far if most online shoppers are going straight to Amazon to buy books. That’s why Inkling has developed an information architecture based on the concept of “cards.” Each of the books is divided into chapters, and each chapter is divided into cards. A card contains what amounts to one quantum of useful information. Cards themselves are viewable for free on a limited basis; readers can buy Inkling’s books by the chapter. Each card also has its own URL, which means Inkling’s cards are what Google indexes.


Inkling is banking on the quality of the information in its cards to rise to the top of Google search results (and generate attention on social media) to get Inkling’s books noticed. People aren’t going to discover content through Inkling, MacInnis says. They’re going to discover Inkling through content.


With Google’s search results as a storefront, MacInnis believes his company can unlock the value of knowledge contained in books without arbitrarily tying buyers of digital content to an object in the physical world. “People are looking for knowledge,” he says. “They’re not looking for books. They never were.”


Challengers to Amazon in the broader retail realm are staking their value to an analogous belief. People want their stuff. They want it fast, for the lowest price possible and from someone they trust. And that someone doesn’t have to be Amazon.


Bigcommerce CEO Eddie Machaalani says more than 30,000 small and medium-sized business owners are running their online stores via his company’s shopping platform, which has processed more than $1.2 billion in transactions since launching in 2009. Machaalani describes Amazon as a “frenemy” to third-party sellers, who have become an increasingly important part of its strategy.


“Amazon can show they’re a friend to small and medium-sized businesses by offering them a platform that allows them to sell,” he says. “What they don’t do is allow you to control your own brand.”


Machaalani argues that businesses that rely on Amazon as the platform through which they sell their stuff lose their individual identity. No matter who actually provided the inventory, most customers will just think of what they bought as coming from Amazon. His company’s success hinges on businesses building their own strong, unique brand identity to attract shoppers to their own stores. And one of the key places that strong brand becomes visible, he says, is Google.


Big retailers seeking to play that same Google game don’t need online stores, which they already have. They need better online stores that get noticed. Silicon Valley startup Bloomreach does search-engine optimization on what CEO Raj De Datta describes as a big data scale. His company’s analytics engine crawls billions of webpages and parses a similar number of search queries and clicks to learn what webpages draw shoppers seeking particular products — and how Bloomreach’s clients can become those pages. By that measure, success means shoppers clicking through from Google to Bloomreach-powered sites like Williams-Sonoma and Nieman Marcus instead of Amazon, of course assuming they didn’t start out on Amazon in the first place.


“In order to aid that Google experience,” Datta says, “it’s really important that the websites behind Google provide a compelling experience.”


Getting shoppers to those individual retailer sites appears to have helped another Amazon rival. For $79 per year, ShopRunner offers unlimited two-day shipping from dozens of retailers you’d typically find at the mall. It’s a kind of Amazon Prime-in-a-box for stores like Toys”R”Us, PetSmart and Radio Shack. ShopRunner recently said that orders across its network more than doubled last year from the year before.


But the company is wary of giving Google too much credit. Since converting its product search results to all-paid listings last fall, Google appears to be driving a lot more traffic to its advertisers’ sites.


But Google’s bid to become the anti-Amazon destination for online shoppers cuts both ways, says Fiona Dias, ShopRunner’s chief strategy officer.


“Google will likely evolve from a friend of retailers to a foe,” she says. “Google Shopping just needs a ‘buy now’ button to become a retailer rival.”


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Hollywood’s elite mingle at glitzy post -Oscar parties






LOS ANGELES (Reuters) – Hollywood‘s elite headed into the night to celebrate or commiserate at a list of glitzy parties in Tinseltown after walking the red carpet and watching the year’s Academy Awards presented.


The party of all parties on Hollywood’s biggest night is the strictly invite-only Governors Ball, thrown by The Academy of Motion Pictures Arts and Sciences which hosts the Oscars, a lavish affair attended by about 1,500 guests.






This is the party that draws most of the stars and is the first stop for the winners with their prized, gold statuettes, as well as for other nominees who missed out this year and the performers and presenters of the three-hour Oscars show.


Winner of the Best Actor award for “Lincoln”, Daniel Day-Lewis mixed with George Clooney, who produced the Best Picture winner “Argo”, as guests sipped champagne and grazed on food by celebrity chef Wolfgang Puck.


Filmmaker Ang Lee, who won his second Best Director award for “Life of Pi”, was celebrating with fellow movie industry bigwigs in the shadows of a 120-foot chandelier sparkling in the evening’s chosen colors of aubergine, chartreuse, and champagne.


“There’s no pressure, the movie is doing well around the world, it’s all good,” he beamed.


“Life of Pi” lead actor Suraj Sharma, a newcomer from New Delhi, India, who was attending the Oscars for the first time this year, said he was “ecstatic” with Lee’s win.


“Ang worked really hard on this. I feel like Ang won, we all won,” the actor told Reuters.


As guests air-kissed and back-slapped their way around the crowded ballroom at the top level of the Hollywood & Highland complex, singers Judith Hill and Michael Feinstein were to entertain the celebrity crowd.


British actor Daniel Radcliffe, who performed his own musical number with actor Joseph Gordon-Levitt and the evening’s host Seth MacFarlane on the Oscars stage, greeted Feinstein with awe.


“This is amazing. I’ve grown up listening to you,” said the “Harry Potter” star.


Radcliffe, who made his Oscars debut this year, praised the “exemplary” way that rookie Oscar host MacFarlane handled the ceremony that is watched by up to one billion people globally.


“His level of involvement in every aspect of the show is admirable,” Radcliffe told Reuters.


MacFarlane, 39, a comedian, actor and singer who made his mark as creator of the animated TV series “Family Guy”, also won praise from other stars.


“Very good, very funny and offhand, nonchalant and Dean Martin-style,” actor John Travolta said.


The stars of “Les Miserables” swooped down on Best Supporting Actress winner Anne Hathaway as she posed with her statuette.


“I’m so thrilled. It’s so well deserved. I’m so happy for Anne,” said the director of the blockbuster musical, Tom Hooper.


Co-star Amanda Seyfried added: “I’m super, super excited but I kind of knew she was going to win.”


(Reporting by Piya Singh-Roy, Editing by Belinda Goldsmith)


Movies News Headlines – Yahoo! News





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Mediterranean Diet Can Cut Heart Disease, Study Finds





About 30 percent of heart attacks, strokes and deaths from heart disease can be prevented in people at high risk if they switch to a Mediterranean diet rich in olive oil, nuts, beans, fish, fruits and vegetables, and even drink wine with meals, a large and rigorous new study found.




The findings, published on the New England Journal of Medicine’s Web site on Monday, were based on the first major clinical trial to measure the diet’s effect on heart risks. The magnitude of the diet’s benefits startled experts. The study ended early, after almost five years, because the results were so clear it was considered unethical to continue.


The diet helped those following it even though they did not lose weight and most of them were already taking statins, or blood pressure or diabetes drugs to lower their heart disease risk.


“Really impressive,” said Rachel Johnson, a professor of nutrition at the University of Vermont and a spokeswoman for the American Heart Association. “And the really important thing — the coolest thing — is that they used very meaningful end points. They did not look at risk factors like cholesterol of hypertension or weight. They looked at heart attacks and strokes and death. At the end of the day, that is what really matters.”


Until now, evidence that the Mediterranean diet reduced the risk of heart disease was weak, based mostly on studies showing that people from Mediterranean countries seemed to have lower rates of heart disease — a pattern that could have been attributed to factors other than diet.


And some experts had been skeptical that the effect of diet could be detected, if it existed at all, because so many people are already taking powerful drugs to reduce heart disease risk, while other experts hesitated to recommend the diet to people who already had weight problems, since oils and nuts have a lot of calories.


Heart disease experts said the study was a triumph because it showed that a diet is powerful in reducing heart disease risk, and it did so using the most rigorous methods. Scientists randomly assigned 7,447 people in Spain who were overweight, were smokers, had diabetes or other risk factors for heart disease to follow the Mediterranean diet or a low-fat one.


Low-fat diets have not been shown in any rigorous way to be helpful, and they are also very hard for patients to maintain — a reality born out in the new study, said Dr. Steven E. Nissen, chairman of the department of cardiovascular medicine at the Cleveland Clinic Foundation.


“Now along comes this group and does a gigantic study in Spain that says you can eat a nicely balanced diet with fruits and vegetables and olive oil and lower heart disease by 30 percent,” he said. “And you can actually enjoy life.”


The study, by Dr. Ramon Estruch, a professor of medicine at the University of Barcelona, and his colleagues, was long in the planning. The investigators traveled the world, seeking advice on how best to answer the question of whether a diet alone could make a big difference in heart disease risk. They visited the Harvard School of Public Health several times to consult Dr. Frank M. Sacks, a professor of cardiovascular disease prevention there.


In the end, they decided to randomly assign subjects at high risk of heart disease to three groups. One would be given a low-fat diet and counseled on how to follow it. The other two groups would be counseled to follow a Mediterranean diet. At first the Mediterranean dieters got more intense support. They met regularly with dietitians while the low-fat group just got an initial visit to train them in how to adhere to the diet followed by a leaflet each year on the diet. Then the researchers decided to add more intensive counseling for them, too, but they still had difficulty staying with the diet.


One group assigned to a Mediterranean diet was given extra virgin olive oil each week and was instructed to use at least 4 tablespoons a day. The other group got a combination of walnuts, almonds and hazelnuts and was instructed to eat about an ounce of them each day. An ounce of walnuts, for example, is about a quarter cup — a generous handful. The mainstays of the diet consisted of at least 3 servings a day of fruits and at least two servings of vegetables. Participants were to eat fish at least three times a week and legumes, which include beans, peas and lentils, at least three times a week. They were to eat white meat instead of red, and, for those accustomed to drinking, to have at least 7 glasses of wine a week with meals.


They were encouraged to avoid commercially made cookies, cakes and pastries and to limit their consumption of dairy products and processed meats.


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Daily Stock Market Activity





Stocks on Wall Street opened higher on Monday, suggesting that the recent rally was intact despite concerns that the Federal Reserve could curtail its stimulus for the economy sooner than many expected.


The Standard & Poor’s 500-stock index added 0.4 percent in morning trading, the Dow Jones industrial average rose 0.3 percent and the Nasdaq composite index jumped 0.5 percent.


Barnes & Noble stock jumped 13 percent after its chairman, Leonard Riggio, said he was considering a bid for the company’s bookstore business.


Stocks have been strong performers so far this year, with the S.&P. 500 up 6.2 percent to around its highest levels since 2007. That has prompted many to predict a pullback, but so far declines have been neutralized as investors use any dip as a buying opportunity. While the S.&P. fell last week, the decline was a slight 0.3 percent and was the first weekly drop after a seven-week string of gains.


“People are cautious about investing near five-year highs, especially given the pace at which we got here, but there’s still room to grow and any pullback should be shallow,” said Robert Pavlik, chief market strategist at Banyan Partners in New York.


The gains have come on strong corporate earnings. With 83 percent of the S.&P. 500 having reported results, 69 percent of beat profit expectations, compared with a 62 percent average since 1994 and 65 percent over the past four quarters, according to Thomson Reuters data.


Another test for equities will come with the looming debate over massive United States budget cuts that will take effect on Friday if lawmakers fail to reach an agreement over spending and taxes. The White House issued warnings about the harm the cuts, referred to as sequester, are likely to inflict on the economy if enacted.


More government-related uncertainty came from Italy, where a close election left questions about how the country would handle its three-year debt crisis. Still, European shares were higher on Monday, rising about 1 percent after a smooth Italian debt auction.


Lowe’s Cos. reported earnings that beat expectations, helped by rebuilding efforts after Hurricane Sandy in the United States. Shares rose 0.6 percent.


Dynavax Technologies shares plunged 27 percent after the Food and Drug Administration denied approval for the company’s adult hepatitis B vaccine and sought additional data for evaluate its safety.


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Oscars stage manager braces for his final cues to the stars









He delivered a forgotten harmonica to Stevie Wonder onstage at the Grammy Awards, supplied a shoulder to lean on for a post-hip-surgery Gregory Peck at the Oscars and served as a human Xanax for hundreds of other stars in the most terrifying and exhilarating moments of their careers.


Stage manager Dency Nelson, 61, works behind the scenes at the Oscars, plus at times the Grammys, Screen Actors Guild Awards, Teen Choice Awards, MTV Movie Awards and other shows. This year will mark his 25th — and last, he said — Academy Awards, as he plans to retire from one of show business' least known but most stressful gigs.


An anonymous but critical piece of the Hollywood awards season machinery, stage managers like Nelson control the chaos of the live TV broadcast — they deliver the correct winning envelopes, ensure that the pop-up microphone actually pops up and, most delicately, orchestrate the flow of talent through the stage wings.








Oscars 2013: Nominee list | Ballot | Trivia | Timeline


An avuncular former hippie with twinkling green eyes, a silver earring and a scruffy, salt-and-pepper beard, Nelson is stationed in the stage-right wings, a hot spot where most of the Oscar telecast's jittery presenters enter and elated winners exit.


"It's like air traffic control," he said one recent afternoon at the Dolby Theatre at the Hollywood & Highland Center, where he was preparing for Sunday's show. "Ninety percent of the people in the room don't know my name, but when they round the corner and come into the wings there's a smile, 'Oh, that guy.'"


Even seasoned performers rely on stage managers for assurance in the unforgiving medium of live TV, and backstage figures like Nelson develop a rapport with stars they see at multiple shows.


Last year, before Meryl Streep stepped onto the Oscar stage to present an award, she reviewed her script, smoothed her gown and cast a tentative glance at Nelson. "You'll push me out when it's time?" she asked. He gently led the actress by the arm to the edge of the curtain, sending her off to face an audience of 40 million.


An hour later, after winning lead actress for "The Iron Lady," the first person an emotional Streep saw was Nelson, with a chair and a welcome water bottle.


"Dency's businesslike, but he makes people comfortable," said American Film Institute founder George Stevens Jr., who met him when the recent college grad was lugging heavy film reels for the L.A.-based nonprofit. Charmed by the young man's work ethic, nearly four decades later Stevens still hires him to stage-manage the "Kennedy Center Honors" and "Christmas in Washington" shows every year.


Many of the approximately 500-person backstage crew at the Oscars have been performers themselves, including head stage manager Gary Natoli (Nelson's boss) and a stage manager who specializes in talent, Valdez Flagg, both former actors and dancers.


TIMELINE: Academy Award winners


According to guild minimums, the stage managers must make at least $746 for a 12-hour day, and many work other steady jobs. Thanks to the proliferation of performance-based reality shows such as "American Idol" and "The Voice," there's a lot of work available for the specialized group who know how to do it.


Nelson has stage-managed the game show "Let's Make a Deal" and the syndicated variety program "The Wayne Brady Show."


"Anyone can do this job as long as nothing goes wrong," said Flagg. "If you can't go with the flow, you won't last. You'll freak out."


The year Wonder forgot his harmonica, for instance, the Grammys crew had to think quickly — how do you subtly signal a blind man? Ultimately, Nelson asked the director to frame a tight shot on the singer's face while he sneaked up from below and tugged on Wonder's pant-leg. At the Emmys, when an impostor tried to walk off with "Hill Street Blues" star Betty Thomas' trophy, Nelson skidded on stage with another.


And then there's that other occupational hazard: jerks. "People are just nervous in some cases and take it out on you," Nelson said with a shrug.


This year's Oscar telecast is a particularly taxing one for the stage crew, with many singing and dancing casts to maneuver. The consequences of a missed cue can be dire — at several points in the show, 34.5-foot lifts built into the stage floor will open to move scenery pieces.


Nelson, who grew up in Menlo Park the son of an Army auditor, originally wanted to be an actor. As a child he hosted the Andy Williams Christmas show by himself in front of the Christmas tree, with a toilet paper roll as a microphone.


After graduating from UC Santa Cruz with a degree in theater, he took a job as a driver and mail clerk for AFI and worked behind the scenes as "the guy who guarded the doughnuts" for the 1970s soap opera parody "Mary Hartman, Mary Hartman" and a cue card man for "Saturday Night Live" and David Letterman.


Play-at-home ballot: Have you made your picks yet?



Along the way he continued to act in commercials, basement theaters and tiny walk-on roles (in Woody Allen's "Manhattan," you can see Nelson stride across Park Avenue carrying an attaché case). "I wasn't really getting anywhere," he said. "I just saw my actor colleagues, their talent, and saw I'm not that."


The frustrated performance experience, however, gives Nelson a nuanced understanding of what the people he's pushing into the lights on Oscar night are feeling. "There have been plenty of times where I have held a trembling hand and smiled," he said. "I so admire anyone who can do that."


The stage crew prepares with the thoroughness of a military campaign. During rehearsals, Nelson marks his show rundown with different colors of highlighters and pens, noting when he'll send a performer upstage or where a piece of scenery will move. Unlike some younger stage managers, he still uses paper, not an electronic device, for storing his "road map."


In a change this year, six college film students will deliver the trophies onstage, instead of the usual cadre of models who float from show to show. On Wednesday, Nelson was coaching them on the subtle art of statuette distribution.


"Let the kiss and hug happen," he said, his hands stained with red ink from jotting notes on his script, six roles of tape swinging from his belt. "Just linger upstage, let that traffic happen."


At Nelson's first Oscars, before the students were born, Jack Lemmon was the host. Over the years, Nelson said he's noticed an evolution in the awards show scene, as older performers who approached show business with a certain gentility have given way to a more casual and sometimes cruder generation.


"I'm no prude, but there was a certain formality and respect to things," he said. "I'm sorry to see it go, although I understand the financial necessity 'cause it's about the ratings."


A married father of one grown daughter, Nelson lives in Hermosa Beach and is active in Democratic party politics and environmental causes; he helped found a nonprofit devoted to alternative vehicles called Plug in America (he owns two electric cars). Especially engaged in the union to which stage managers belong, the Directors Guild of America, this year he received the guild's Franklin J. Schaffner Award for service.


He said he's retiring to devote more time to his political passions, but he also appears ready to shed the pressures of awards season.


"I don't want to make any mistakes," Nelson said. "The worst is just before the show starts. That's awful. That last hour in the wings.... It's not calm inside. As I am nearing my retirement, I just keep thinking of Jack Nicholson's line in 'Terms of Endearment' ... 'Inches from a clean getaway.'"


Play-at-home ballot: Have you made your picks yet?



rebecca.keegan@latimes.com





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Wired Space Photo of the Day: Glowing Gas in Omega Nebula


This image is a colour composite of the Omega Nebula (M 17) made from exposures from the Digitized Sky Survey 2 (DSS2). The field of view is approximatelly 4.7 x 3.7 degrees.


Image: ESO/Digitized Sky Survey 2. Acknowledgment: Davide De Martin. [high-resolution]


Caption: ESO

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The Staple Singers’ Cleotha Staples dies at age 78






(Reuters) – Cleotha Staples, a founding member of the Rock and Roll Hall of Fame R&B and gospel group The Staple Singers, has died after a decade-long battle with Alzheimer’s disease, the group said on Friday. She was 78.


Staples, who died on Thursday at her Chicago home, is best known for singing on the group’s 1970s hits, including “I’ll Take You There,” “Respect Yourself” and “Let’s Do It Again.”






“We will keep on,” Mavis Staples, the group’s lead singer, said in a statement. “Yvonne and I will continue singing to keep our father’s legacy and our sister’s legacy alive.”


Mavis, who is known for her raspy voice that gave the group its distinct personality, said she would dedicate her forthcoming album to Cleotha’s memory.


The oldest of five children, Staples was born in Drew, Mississippi, to Roebuck “Pops” Staples and Oceola Staples. The family moved to Chicago when Staples was 2 years old in 1936, where sisters Mavis and Yvonne were born.


The Staple Singers, known as “God’s greatest hitmakers,” were formed in 1948 with Pops on guitar and siblings Mavis, Cleotha, Pervis and Yvonne singing.


The group first played churches in the Midwest and put out their first recording in 1953. Their gospel hits included “On My Way to Heaven,” “With the Circle Be Unbroken” and “Pray On.”


The family became active in the civil rights movement in 1962 after hearing Martin Luther King Jr. speak while the family was on tour. They are thought to be the first black group to cover Bob Dylan’s song “Blowin’ in the Wind” in 1963.


The Staples Singers were inducted into the Rock and Roll Hall of Fame in 1999 and were honored with a lifetime achievement Grammy in 2005.


Cleotha Staples is survived by her sisters Mavis and Yvonne and brother Pervis.


(Reporting by Eric Kelsey, editing by Jill Serjeant and Lisa Shumaker)


Celebrity News Headlines – Yahoo! News





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The Texas Tribune: Advocates Seek Mental Health Changes, Including Power to Detain


Matt Rainwaters for Texas Monthly


The Sherman grave of Andre Thomas’s victims.







SHERMAN — A worried call from his daughter’s boyfriend sent Paul Boren rushing to her apartment on the morning of March 27, 2004. He drove the eight blocks to her apartment, peering into his neighbors’ yards, searching for Andre Thomas, Laura Boren’s estranged husband.






The Texas Tribune

Expanded coverage of Texas is produced by The Texas Tribune, a nonprofit news organization. To join the conversation about this article, go to texastribune.org.




For more articles on mental health and criminal justice in Texas, as well as a timeline of the Andre Thomas case: texastribune.org






Matt Rainwaters for Texas Monthly

Laura Boren






He drove past the brightly colored slides, swings and bouncy plastic animals in Fairview Park across the street from the apartment where Ms. Boren, 20, and her two children lived. He pulled into a parking spot below and immediately saw that her door was broken. As his heart raced, Mr. Boren, a white-haired giant of a man, bounded up the stairwell, calling out for his daughter.


He found her on the white carpet, smeared with blood, a gaping hole in her chest. Beside her left leg, a one-dollar bill was folded lengthwise, the radiating eye of the pyramid facing up. Mr. Boren knew she was gone.


In a panic, he rushed past the stuffed animals, dolls and plastic toys strewn along the hallway to the bedroom shared by his two grandchildren. The body of 13-month-old Leyha Hughes lay on the floor next to a blood-spattered doll nearly as big as she was.


Andre Boren, 4, lay on his back in his white children’s bed just above Leyha. He looked as if he could have been sleeping — a moment away from revealing the toothy grin that typically spread from one of his round cheeks to the other — except for the massive chest wound that matched the ones his father, Andre Thomas (the boy was also known as Andre Jr.), had inflicted on his mother and his half-sister as he tried to remove their hearts.


“You just can’t believe that it’s real,” said Sherry Boren, Laura Boren’s mother. “You’re hoping that it’s not, that it’s a dream or something, that you’re going to wake up at any minute.”


Mr. Thomas, who confessed to the murders of his wife, their son and her daughter by another man, was convicted in 2005 and sentenced to death at age 21. While awaiting trial in 2004, he gouged out one of his eyes, and in 2008 on death row, he removed the other and ate it.


At least twice in the three weeks before the crime, Mr. Thomas had sought mental health treatment, babbling illogically and threatening to commit suicide. On two occasions, staff members at the medical facilities were so worried that his psychosis made him a threat to himself or others that they sought emergency detention warrants for him.


Despite talk of suicide and bizarre biblical delusions, he was not detained for treatment. Mr. Thomas later told the police that he was convinced that Ms. Boren was the wicked Jezebel from the Bible, that his own son was the Antichrist and that Leyha was involved in an evil conspiracy with them.


He was on a mission from God, he said, to free their hearts of demons.


Hospitals do not have legal authority to detain people who voluntarily enter their facilities in search of mental health care but then decide to leave. It is one of many holes in the state’s nearly 30-year-old mental health code that advocates, police officers and judges say lawmakers need to fix. In a report last year, Texas Appleseed, a nonprofit advocacy organization, called on lawmakers to replace the existing code with one that reflects contemporary mental health needs.


“It was last fully revised in 1985, and clearly the mental health system has changed drastically since then,” said Susan Stone, a lawyer and psychiatrist who led the two-year Texas Appleseed project to study and recommend reforms to the code. Lawmakers have said that although the code may need to be revamped, it will not happen in this year’s legislative session. Such an undertaking requires legislative studies that have not been conducted. But advocates are urging legislators to make a few critical changes that they say could prevent tragedies, including giving hospitals the right to detain someone who is having a mental health crisis.


From the time Mr. Thomas was 10, he had told friends he heard demons in his head instructing him to do bad things. The cacophony drove him to attempt suicide repeatedly as an adolescent, according to court records. He drank and abused drugs to try to quiet the noise.


bgrissom@texastribune.org



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Major Banks Aid in Payday Loans Banned by States





Major banks have quickly become behind-the-scenes allies of Internet-based payday lenders that offer short-term loans with interest rates sometimes exceeding 500 percent.




With 15 states banning payday loans, a growing number of the lenders have set up online operations in more hospitable states or far-flung locales like Belize, Malta and the West Indies to more easily evade statewide caps on interest rates.


While the banks, which include giants like JPMorgan Chase, Bank of America and Wells Fargo, do not make the loans, they are a critical link for the lenders, enabling the lenders to withdraw payments automatically from borrowers’ bank accounts, even in states where the loans are banned entirely. In some cases, the banks allow lenders to tap checking accounts even after the customers have begged them to stop the withdrawals.


“Without the assistance of the banks in processing and sending electronic funds, these lenders simply couldn’t operate,” said Josh Zinner, co-director of the Neighborhood Economic Development Advocacy Project, which works with community groups in New York.


The banking industry says it is simply serving customers who have authorized the lenders to withdraw money from their accounts. “The industry is not in a position to monitor customer accounts to see where their payments are going,” said Virginia O’Neill, senior counsel with the American Bankers Association.


But state and federal officials are taking aim at the banks’ role at a time when authorities are increasing their efforts to clamp down on payday lending and its practice of providing quick money to borrowers who need cash.


The Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau are examining banks’ roles in the online loans, according to several people with direct knowledge of the matter. Benjamin M. Lawsky, who heads New York State’s Department of Financial Services, is investigating how banks enable the online lenders to skirt New York law and make loans to residents of the state, where interest rates are capped at 25 percent.


For the banks, it can be a lucrative partnership. At first blush, processing automatic withdrawals hardly seems like a source of profit. But many customers are already on shaky financial footing. The withdrawals often set off a cascade of fees from problems like overdrafts. Roughly 27 percent of payday loan borrowers say that the loans caused them to overdraw their accounts, according to a report released this month by the Pew Charitable Trusts. That fee income is coveted, given that financial regulations limiting fees on debit and credit cards have cost banks billions of dollars.


Some state and federal authorities say the banks’ role in enabling the lenders has frustrated government efforts to shield people from predatory loans — an issue that gained urgency after reckless mortgage lending helped precipitate the 2008 financial crisis.


Lawmakers, led by Senator Jeff Merkley, Democrat of Oregon, introduced a bill in July aimed at reining in the lenders, in part, by forcing them to abide by the laws of the state where the borrower lives, rather than where the lender is. The legislation, pending in Congress, would also allow borrowers to cancel automatic withdrawals more easily. “Technology has taken a lot of these scams online, and it’s time to crack down,” Mr. Merkley said in a statement when the bill was introduced.


While the loans are simple to obtain — some online lenders promise approval in minutes with no credit check — they are tough to get rid of. Customers who want to repay their loan in full typically must contact the online lender at least three days before the next withdrawal. Otherwise, the lender automatically renews the loans at least monthly and withdraws only the interest owed. Under federal law, customers are allowed to stop authorized withdrawals from their account. Still, some borrowers say their banks do not heed requests to stop the loans.


Ivy Brodsky, 37, thought she had figured out a way to stop six payday lenders from taking money from her account when she visited her Chase branch in Brighton Beach in Brooklyn in March to close it. But Chase kept the account open and between April and May, the six Internet lenders tried to withdraw money from Ms. Brodsky’s account 55 times, according to bank records reviewed by The New York Times. Chase charged her $1,523 in fees — a combination of 44 insufficient fund fees, extended overdraft fees and service fees.


For Subrina Baptiste, 33, an educational assistant in Brooklyn, the overdraft fees levied by Chase cannibalized her child support income. She said she applied for a $400 loan from Loanshoponline.com and a $700 loan from Advancemetoday.com in 2011. The loans, with annual interest rates of 730 percent and 584 percent respectively, skirt New York law.


Ms. Baptiste said she asked Chase to revoke the automatic withdrawals in October 2011, but was told that she had to ask the lenders instead. In one month, her bank records show, the lenders tried to take money from her account at least six times. Chase charged her $812 in fees and deducted over $600 from her child-support payments to cover them.


“I don’t understand why my own bank just wouldn’t listen to me,” Ms. Baptiste said, adding that Chase ultimately closed her account last January, three months after she asked.


A spokeswoman for Bank of America said the bank always honored requests to stop automatic withdrawals. Wells Fargo declined to comment. Kristin Lemkau, a spokeswoman for Chase, said: “We are working with the customers to resolve these cases.” Online lenders say they work to abide by state laws.


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Athletes cash in on California's workers' comp









SACRAMENTO — In his seven-year career with the Denver Broncos, running back Terrell Davis, a former Super Bowl Most Valuable Player, dazzled fans with his speed and elusiveness.


At the end of his rookie year in 1995, he signed a $6.8-million, five-year contract. Off the field he endorsed Campbell's soup. And when he hung up his cleats, he reported for the National Football League Network and appeared in movies and TV shows.


So it may surprise Californians to find out that in 2011, Davis got a $199,000 injury settlement from a California workers' compensation court for injuries related to football. This came despite the fact Davis was employed by a Colorado team and played just nine times in California during an 88-game career, according to the NFL.





Davis was compensated for the lifelong effects of multiple injuries to the head, arms, trunk, legs and general body, according to California workers' compensation records.


He is not alone.


Over the last three decades, California's workers' compensation system has awarded millions of dollars in benefits for job-related injuries to thousands of professional athletes. The vast majority worked for out-of-state teams; some played as little as one game in the Golden State.


All states allow professional athletes to claim workers' compensation payments for specific job-related injuries — such as a busted knee, torn tendon or ruptured spinal disc — that happened within their borders. But California is one of the few that provides additional payments for the cumulative effect of injuries that occur over years of playing.


A growing roster of athletes are using this provision in California law to claim benefits. Since the early 1980s, an estimated $747 million has been paid out to about 4,500 players, according to an August study commissioned by major professional sports leagues. California taxpayers are not on the hook for these payments. Workers' compensation is an employer-funded program.


Now a major battle is brewing in Sacramento to make out-of-state players ineligible for these benefits, which are paid by the leagues and their insurers. They have hired consultants and lobbyists and expect to unveil legislation next week that would halt the practice.


"The system is completely out of whack right now," said Jeff Gewirtz, vice president of the Brooklyn Nets — formerly the New Jersey Nets — of the National Basketball Assn.


Major retired stars who scored six-figure California workers' compensation benefits include Moses Malone, a three-time NBA most valuable player with the Houston Rockets, Philadelphia 76ers and other teams. He was awarded $155,000. Pro Football Hall of Fame wide receiver Michael Irvin, formerly with the Dallas Cowboys, received $249,000. The benefits usually are calculated as lump-sum payments but sometimes are accompanied by open-ended agreements to provide lifetime medical services.


Players, their lawyers and their unions plan to mount a political offensive to protect these payouts.


Although the monster salaries of players such as Los Angeles Lakers guard Kobe Bryant and Denver Broncos quarterback Peyton Manning make headlines, few players bring in that kind of money. Most have very short careers. And some, particularly football players, end up with costly, debilitating injuries that haunt them for a lifetime but aren't sufficiently covered by league disability benefits.


Retired pros increasingly are turning to California, not only because of its cumulative benefits but also because there's a longer window to file a claim. The statute of limitations in some states expires in as little as a year or two.


"California is a last resort for a lot of these guys because they've already been cut off in the other states," said Mel Owens, a former Los Angeles Rams linebacker-turned-workers' compensation lawyer who has represented a number of ex-players.


To understand how it works, consider the career of Ernie Conwell. A former tight end for the St. Louis Rams and New Orleans Saints, he was paid $1.6 million for his last season in 2006.


Conwell said that during his 11-year career, he underwent about 18 surgeries, including 11 knee operations. Now 40, he works for the NFL players union and lives in Nashville.


Hobbled by injuries, he filed for workers' compensation in Louisiana and got $181,000 in benefits to cover his last, career-ending knee surgery in 2006, according to the Saints. The team said it also provided $195,000 in injury-related benefits as part of a collective-bargaining agreement with the players union.


But such workers' compensation benefits paid by Louisiana cover only specific injuries. So, to deal with what he expects to be the costs of ongoing health problems that he said affect his arms, legs, muscles, bones and head, Conwell filed for compensation in California and won.


Even though he played only about 20 times in the state over his professional career, he received a $160,000 award from a California workers' compensation judge plus future medical benefits, according to his lawyer. The Saints are appealing the judgment.





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