Father saw 'horrifying' accident injure son during opera rehearsal









A day after he was burned while playing a fire-breathing stilt walker at the Lyric Opera of Chicago, actor Wesley Daniel was doing well and sending out photos of himself at the hospital, according to friends and relatives.

"He’s all bandaged up but he’s got this funny look in his eyes like, ‘Look at the mess I’ve got myself into,' " said David Kersnar, who directed Daniel in Lookingglass and Next Theatre productions last year.

Daniel was performing in a dress rehearsal of the opera "Die Meistersinger von Nurnberg" Monday afternoon when the mishap occurred. Daniel picked up a torch and a little jar of fluid and blew two fire balls, according to his father, Clifton Daniel, who was in the audience.

Then suddenly his son’s mask appeared to be on fire and he started patting his neck and chest before walking across the stage toward stagehands who were carrying fire extinguishers, Daniel's father said.

Clifton Daniel said he ran to his son backstage, where he was being treated with compresses. Paramedics had already been called and his son was upbeat, even giving a thumbs-up, the father said.

“It’s horrifying,” said Clifton Daniel, 55. “You don’t believe it. At first, everything’s fine. You’re proud of him. You’re amazed at what he’s learned to do, and suddenly he’s in trouble.”

The 24-year-old actor was taken in serious-to-critical condition to Northwestern Memorial Hospital suffering burns to his throat and second-degree burns to his face, fire officials said. He was transferred to Loyola University Medical Center, where doctors inserted a breathing tube, officials said.

Clifton Daniel said there was no damage to his son's lungs or airway and the tube was removed Monday night. "Doctors likened them to a severe sunburn and he will heal,” his father said of the burns. “He shouldn’t have any scarring.”

The hospital told him his son should be released Thursday.

Clifton Daniel said his son graduated from Roosevelt University and has been acting for about three years. He was hired as a back-up for the opera in case someone called in sick or didn’t show up. Wesley Daniel stepped in when an actor was involved in a mishap last week, his father said.

Drew Landmesser, the Lyric’s deputy general director who focuses on backstage activities, said the company is still trying to determine the accident’s cause.

“We don’t exactly know the cause of the accident, just that it was a terrible accident and he seems to be doing well,” Landmesser said.

He stressed that Daniel was experienced with such a fire-spitting stunt, which he characterized as routine in the entertainment world.

“You’ve seen this a thousand times: at carnivals, at Renaissance fairs, at kids parties,” Landmesser said. “It’s a common routine for a performer like this.”

That said, Daniel was the replacement  for a previous performer who was removed after a mishap involving the same stunt. “He had a handlebar mustache, and handlebar mustaches and fire-spitting don’t go well together,” Landmesser said, noting that the mustache “got singed, but there was no injury.”

Landmesser said Daniel’s mask never caught fire, nor did his costume.

“The fuel he was spitting was the only thing that was on fire,” he said, adding that the stunt has been removed from the production mostly so audience members won’t become distracted during one of the opera’s climatic scenes. “I think that frankly the press made something hysterical that was a rather calm event, but why upset people, let anyone misunderstand what happened or how safe it is?”

Tribune photographer Jason Wambsgans, who was at the rehearsal, said it resumed after a 30-minute break but was finally cut short, ending about 6 p.m.

The Occupational Safety and Health Administration opened up an investigation into the incident after hearing about Wesley’s accident through the media, said agency spokesman Scott Allen. A compliance officer went to the Lyric Opera House this morning and talked to witnesses and employees to find out what may have caused the accident and if the opera house violated any OSHA regulations, he added.

Kersnar, who worked with Daniel at Roosevelt University, described the young actor as an experienced physical performer with circus training.

“It was the first time he was on the Lyric stage, but this is what he does,” said Kersnar, a Roosevelt adjunct professor. “He’s very funny, very strong, very skilled and smart. He doesn’t do stupid stuff. I was very surprised to hear this went wrong.”

Kersnar said Daniel performed various stunts for him, such as dressing as an ingenue and lifting the title character of “Pulcinella,” at the Lookingglass performance with the Chicago Symphony Orchestra. “This is the actor life. They do a lot of different things. He’s a jack of all trades.”

Clifton Daniel said he is the grandson of former President Harry S. Truman and Wesley Daniel is the president's great-grandson.


jdelgado@tribune.com


lford@tribune.com








ehirst@tribune.com



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Dell to go private in landmark $24.4 billion deal


SAN FRANCISCO/NEW YORK (Reuters) - Michael Dell will take Dell Inc private for $24.4 billion in the biggest leveraged buyout since the financial crisis, a deal that allows the billionaire chief executive to attempt a revival of his struggling computer company without Wall Street scrutiny.


The deal, which requires shareholder approval, would end a 24-year run on public markets for a company that was conceived in a college dorm room and quickly rose to the top of the global personal computer business - only to be rendered an also-ran over the past decade as PC prices crumbled and customers moved to tablets and smartphones.


Dell executives said on Tuesday that the company will stick to a strategy of expanding its software and services offerings for large companies, with the goal of becoming a full-service provider of corporate computing services in the mold of the highly profitable IBM. They downplayed speculation that Dell might spin off the low-margin PC business on which it made its name.


Dell did not give specifics on what it would do differently as a private entity to convince skeptics who say it missed the big industry shift to tablet computers, smartphones and high-powered consumer elections devices such as music players and gaming consoles. Sources with knowledge of the matter said Dell's board had considered everything from a recapitalization to a breakup of the company before going the leveraged buyout route, but did not elaborate.


"A private Dell is likely to more aggressively cut costs, in our view. But we think merely restructuring only postpones the inevitable, creating a value trap," said Discern Inc analyst Cindy Shaw. "Dell needs to do more than reduce its cost structure. It needs to innovate."


The deal will be financed with cash and equity from Michael Dell, cash from private equity firm Silver Lake, a $2 billion loan from Microsoft Corp, and debt financing from a consortium of banks. The price of $13.65 per share represents a 25 percent premium over Dell's stock price before news of a pending deal leaked in January.


The company will now conduct a 45-day "go-shop" process in which others might make higher offers.


"Though we were hoping for a higher price, we trust that the Dell board has properly done its job by conducting a process open to any third party offers and reviewing all strategic options," said Bill Nygren, who manages the $7.3 billion Oakmark Fund and $3.2 billion Oakmark Select Fund, which have a $250 million position in Dell. "Should we hear evidence to the contrary, we'll raise a ruckus."


Some of Dell's rivals took pot shots at the deal, in unusually pointed comments that reflect how bitter the struggle is in a commoditized PC industry that has wrestled to reverse a decline in sales globally.


Hewlett-Packard Co, which itself has suffered years of turmoil in the face of challenges in the PC business, said in a statement that Dell's deal would "leave existing customers and innovation at the curb," and vowed to exploit the opportunity.


Lenovo, which consists largely of the former IBM PC unit, referred to the "distracting financial maneuvers and major strategic shifts," of its rival while emphasizing its own stability and strong financial position.


Dell was regarded as a model of innovation as recently as the early 2000s, pioneering online ordering of custom-configured PCs and working closely with Asian component suppliers and manufacturers to assure rock-bottom production costs. But as of 2012's fourth quarter, Dell's share of the global PC market had slipped to just above 10 percent from 12.5 percent a year earlier as its shipments dived 20 percent, according to research house IDC.


Michael Dell returned to the company as CEO in 2007 after a brief hiatus, but has been unable to engineer a turnaround thus far. Dell's focus on corporate computing in recent years has yet to yield results - and critics note competing successfully against incumbents, including IBM and HP, will not be easy no matter what the corporate structure.


Sales of PCs still make up the majority of Dell's revenues. Analysts say continued restructuring to focus on the corporate market may entail job cuts and more costly acquisitions. The company has acquired several large software and services companies in recent years as it seeks to reconfigure itself as a broad-based supplier of technology for big companies.


"We recognize this process will take more time," Chief Financial Officer Brian Gladden told Reuters. "We will have to make investments, and we will have to be patient to implement the strategy. And under a new private company structure, we will have time and flexibility to really pursue and realize the end-to-end solutions strategy."


Gladden said the company's strategy would "generally remain the same" after the deal closed, but "we won't have the scrutiny and limitations associated with operating as a public company."


Michael Dell, who has quietly built a highly successful investment firm even as the fortunes of his namesake company have waned, will contribute his 16 percent share of Dell's equity to the deal, along with cash from his MSD Capital. Bank of America Merrill Lynch, Barclays, Credit Suisse and RBC Capital Markets will offer debt financing.


Shares of Dell were up 1.2 percent at $13.43 in morning trading.


RECORD BUYOUT


Analysts said Dell could be more nimble as a private company, but it will still have to deal with the same difficult market conditions. IBM's famously successful transition from hardware vendor to corporate IT partner took place while it was trading on public markets.


There is little history to suggest whether going private makes such a transition easier. Freescale, formerly the semiconductor division of Motorola, was taken private in 2006 for $17.6 billion by a group of private equity firms including Blackstone Group LP, Carlyle Group and TPG Capital LP. Analysts say the resulting debt load hurt its ability to compete in the capital-intensive chip business. Freescale cut just under 5 percent of its work force last year as it continued to restructure.


The Dell deal would be the biggest private equity-backed, leveraged buyout since Blackstone Group LP's takeout of the Hilton Hotels Group in July 2007 for more than $20 billion, and is the 11th-largest on record.


The parties expect the transaction to close before the end of Dell's 2014 second quarter, which ends in July. News of the talks first emerged on January 14, although they reportedly started in the latter part of 2012. Michael Dell had previously acknowledged thinking about going private as far back as 2010.


Microsoft's involvement in the deal piqued much speculation about a renewed strategic partnership, but the software company is providing only debt financing and Dell said there were no specific business terms attached to the transaction. Dell has long been loyal to Microsoft's Windows operating system, which has been at the heart of its PC business since its inception.


Microsoft's loan will take the form of a 10-year subordinated note that will be the "closest thing to equity," with roughly 7 percent to 8 percent interest, a source close to the matter told Reuters.


Banking sources said the debt financing package for the deal will total between $11 billion and $12 billion to back the leveraged buyout. The final size of the financing depends on what portion of the company's existing notes remain outstanding, sources added. The banks are expected to begin reaching out to other lenders to begin syndicating the loans as early as Tuesday.


J.P. Morgan and Evercore Partners were financial advisers, and Debevoise & Plimpton LLP was the legal adviser to the special committee of Dell's board. Goldman Sachs was financial adviser, and Hogan Lovells was legal adviser to Dell.


Wachtell, Lipton, Rosen & Katz was legal adviser to Michael Dell. BofA Merrill Lynch, Barclays, Credit Suisse and RBC Capital Markets were financial advisers to Silver Lake, and Simpson Thacher & Bartlett LLP was its legal adviser.


(Additional reporting by Greg Roumeliotis; Writing by Ben Berkowitz and Edwin Chan; Editing by Tiffany Wu and Leslie Gevirtz)



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Lindsey Vonn tears knee ligaments, out for season


SCHLADMING, Austria (AP) — Lindsey Vonn will miss the rest of the ski season after tearing knee ligaments and breaking a bone in her leg in a high-speed crash Tuesday at the world championships. The U.S. team expects her to return for the next World Cup season and the 2014 Sochi Olympics.


Vonn lost balance on her right leg while landing a jump in the super-G. She flipped in the air, landed on her back and smashed through a gate before coming to a halt.


The four-time overall World Cup winner and 2010 Olympic downhill champion received medical treatment on the slope for 12 minutes before being taken by helicopter to a hospital in Schladming.


The 28-year-old star tore her anterior cruciate ligament and medial collateral ligament in her right knee. U.S. team medical director Kyle Wilkens said in a statement. The broken bone in her lower leg was described as a "lateral tibial plateau fracture."


Christian Kaulfersch, the assistant medical director at the worlds, said Vonn left the Schladming hospital Tuesday afternoon and will have surgery at another hospital.


"She first wanted to go back to the team hotel to mentally deal with all what has happened," Kaulfersch said.


Team physician William Sterett was with Vonn but declined to offer any more information when contacted by The Associated Press.


This is the sixth straight major championship in which Vonn has been hit with injuries. The crash in the opening event of the championships came almost exactly a year before the Olympics.


"She will be out for the remainder of this season but is expected to return to racing for the 2013-14 ... World Cup season and the 2014 Olympic Winter Games in Sochi," the team said.


Vonn returned to the circuit last month after an almost monthlong break from racing to fully recover from an intestinal illness that put her in a hospital for two days in November.


The start of Tuesday's race was delayed by 3½ hours because of fog hanging over the course and the skiers began in waning light at 2:30 p.m. Even before Vonn's crash, a course worker fell and also had to be airlifted. He was reported to have broken his nose.


All the delays made for flat light when Vonn raced.


"Lindsey did a great job on top and Lindsey has won a lot of races in flat light so the flat light was definitely not a problem," U.S. Alpine director Patrick Riml told the AP.


"We are upset obviously with what happened, but if you don't know the facts and why they decided to start and what the weather forecast was it's hard to say without any reasoning," Riml said. "And they probably had a reason, otherwise they wouldn't have started."


It was difficult to pinpoint when Vonn lost control as she came off a left turn into the jump.


"She jumped a little bit in the wrong direction and started to correct that a little bit in the air and put a lot of pressure on the outside ski exactly in the landing and she couldn't hold the pressure and then (she crashed)," International Ski Federation women's race director Atle Skaardal said.


Skaardal defended the decision to race.


"I can confirm that the visibility was great, there were no problems, and the course was also in good shape," he said. "I don't see that any outside factors played a role in this accident. ... The other factors were like they were supposed to be for ski racing."


Two years ago, Vonn pulled out midway through the last worlds in Garmisch-Partenkirchen, Germany, because of a mild concussion. At the 2010 Vancouver Olympics, Vonn skied despite a severely bruised shin to win the downhill and take bronze in the super-G.


At the 2009 worlds in Val d'Isere, France, she sliced her thumb open on a champagne bottle after sweeping gold in the downhill and super-G, forcing her out of the giant slalom. At the 2007 worlds in Are, Sweden, Vonn injured her knee in training and missed her final two events.


And at the 2006 Turin Olympics, she had a horrific crash in downhill training and went directly from her hospital room to the mountain to compete in four of her five events.


Having regained her form in recent weeks, Vonn trailed eventual race winner Tina Maze of Slovenia by just 0.12 seconds at an intermediate interval shortly before Tuesday's crash.


The conditions varied from racer to racer.


Former overall winner Maria Hoefl-Riesch of Germany started immediately after Vonn and skied off course.


"It's not a very difficult course but in some parts you couldn't see anything," said Fabienne Suter of Switzerland, who finished fifth.


However, Vonn teammate Julia Mancuso thrived in the difficult conditions and won the bronze medal.


"It's the same for everybody," U.S. speed coach Chip White said. "Everyone had to wait for a long time and that's always difficult. And the holds were every 15 minutes so it really doesn't give you a chance to go and do something else. You're always kind of on edge at the ready. It's a difficult situation but everybody had the same difficult situation."


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Critics seek to delay NYC sugary drinks size limit


NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.


With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.


"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.


City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.


"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.


Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.


Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.


"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.


Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.


While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.


Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.


Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.


___


Follow Jennifer Peltz at http://twitter.com/jennpeltz


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Prosecutors move to revoke Chris Brown's probation


LOS ANGELES (AP) — Prosecutors have asked a judge to revoke Chris Brown's probation, saying there is no credible evidence he completed his community service sentence for beating Rihanna, and citing several other incidents that they say point to anger management issues.


The motion filed Tuesday by the Los Angeles County District Attorney's Office focuses heavily on issues with Brown's community labor in Virginia, citing numerous discrepancies and claiming the R&B singer essentially was unsupervised.


The motion also notes several incidents in which Brown has lost his temper, including throwing a chair through a window after a "Good Morning America" interview in which he was asked about his beating of Rihanna on the eve of the 2009 Grammy Awards. The report also cites Brown's Jan. 27 fight with R&B singer Frank Ocean, including Ocean's claim that Brown threatened to shoot him in the brawl over a parking space.


Brown is due in court Wednesday for a probation hearing. His attorney Mark Geragos and publicists did not return messages seeking comment.


Sheriff's officials have said they are unlikely to seek charges against Brown for the recent fight with Ocean, since Ocean has posted online that he does not intend to seek criminal or civil penalties. Ocean told investigators that Brown shouted that he and his entourage "can bust on you too," which authorities wrote was a street slang term for shooting someone.


Brown's time serving community service in Virginia has been under scrutiny for months, and Tuesday's motion asked a judge to order the singer to repeat his entire 180-day service sentence in Los Angeles. Brown had been given permission to perform cleanup and manual labor duties in Virginia, but LA prosecution investigators found no evidence that he completed his work as ordered.


Richmond, Va., Police Chief Bryan Norwood was supposed to be supervising Brown and submitted paperwork last year indicating the singer had completed his sentence.


But prosecutors cite numerous shortcomings and possible misstatements in those records, which show the singer performing double shifts in the city and at a day care center where his mother once worked.


"This inquiry provided no credible, competent or verifiable evidence that defendant Brown performed his community labor as presented to this court," Deputy District Attorney Mary Murray wrote.


The records submitted by Norwood are "at best sloppy documentation and at worst fraudulent reporting."


Richmond Police spokesman Gene Lepley declined to discuss the allegations.


"We believe it would inappropriate to comment on a matter that's before the court," Lepley said.


According to the motion, officials with Virginia's probation office told investigators that Brown's arrangement to be supervised by Norwood was "extremely unusual" and had not been approved by the agency. No one from Virginia's probation department oversaw Brown's hours, the filing states.


The motion notes that the only records the department has to indicate Brown was supervised were officers' overtime sheets. Five of 21 days that officers logged overtime for Brown were spent providing security for the singer's concerts.


One-third of Brown's hours were logged at a daycare center where the singer spent time as a child and where his mother once served as director, an analysis performed by The Associated Press in September showed.


The center is an hour's drive from Richmond, and the prosecution motion says a detective checked on Brown on only nine occasions when he was working there. Each time, the singer was found at the center, accompanied by his mother and a bodyguard but no law enforcement personnel.


The hours Brown recorded as working at the center were done overnight when children were not present. Some of the records stated Brown waxed floors or did "general cleaning."


"Claims that the defendant cleaned, stripped and waxed floors at that location have been credibly contradicted," the prosecution motion states. A professional floor cleaner contracted to work at the daycare center told investigators he had been cleaning the floors throughout the months Brown reported working at the facility.


Brown's mother, Joyce Hawkins, no longer had a formal role at the Tappahannock Children's Center, but had her own set of keys and coordinated her son's work at the facility, the motion states.


The filing also alleges Brown violated his probation with several violent outbursts that haven't resulted in arrests or charges. In addition to the fight between Brown and Ocean, the motion cites a 2012 incident in Miami in which Brown allegedly took a woman's cellphone and the March 2011 incident in which Brown threw a chair through a window after appearing on "Good Morning America."


Brown and Ocean are both nominated for the Best Urban Contemporary Album category at Sunday's Grammys. Ocean, who has said his first love was a man, told authorities that someone may have shouted a gay slur during the fight, but he wasn't sure.


Ocean suffered cuts on his right index finger and minor cuts to his left temple.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP


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Deficit hits 5-year low, but cuts drag economy









WASHINGTON -- The federal deficit will drop to less than $1 trillion for the first time in five years, but massive spending cuts that have improved the budget outlook are also slowing the economy, according to a report released Tuesday by the Congressional Budget office.


The nonpartisan arbiter of federal budgets said the combination of new tax revenue from the "fiscal cliff" deal as well as looming cuts that kick in March 1 will push the deficit down to $845 billion for fiscal 2013. Deficits have topped $1 trillion in recent years.


The projections will fuel the coming budget debates, which started Tuesday as President Obama was calling on Congress to steer around the coming budget cuts.





The budget office said the cuts will contribute to an economy that lags in 2013. The unemployment rate likely will remain above 7.5% through the year. It predicted that the gross domestic product will be well below its potential, growing by just 1.4%, more than half a percentage point slower than would happen if the spending cuts were averted.


At the same time, the nation's debt load is expected to fluctuate but ultimately rise to record levels this decade, largely because of increased spending on healthcare and the federal safety net for older Americans with the aging of the baby boom population.


Additionally, the outlook shows how difficult it will be for House Republicans to accomplish their goal of balancing the budget in 10 years with potentially deep austerity measures.


Even though revenue is rising and spending is decreasing, the overall budget outlook remains stark. By the end of the decade, public debt is set to rise to 77% of GDP, a decade of highs on par with debt levels in World War II.


"The projected path of the federal budget remains a significant concern," the CBO wrote.


Follow Politics Now on Twitter and Facebook


Lisa.mascaro@latimes.com


Twitter: @LisaMascaroinDC





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Judge who shoved deputy found not guilty by reason of insanity









Cook County Judge Cynthia Brim, on trial for shoving a sheriff's deputy at the Daley Center last year, has been found not guilty of battery by reason of insanity.


The verdict was handed down this afternoon by Will County Judge Liam Brennan.


Brim will now have to report to the state Department of Health for an evaluation of her mental health and treatment. She is due back in court in March.

She remains free on bond, and her lawyer said she wants to return to the bench.





Brim had approached deputies in the Daley Center last March and, without identifying herself, asked if they had found any keys, authorities have said previously. Deputies showed her three sets of keys and Brim claimed a set and walked away.


About 10 minutes later, the judge returned and, without explanation, tossed the keys toward one deputy and shoved another in the chest with both hands, according to authorities. She was then handcuffed and arrested.

Her attorney James Montgomery said during his opening statement at the Daley Center this morning that his client was legally insane at the time.

He said Brim ended up at the Daley Center last March after a confused trek there from 47th street after taking the wrong bus. Montgomery said she threw her keys as a protest against the justice system.

Brim has been hospitalized five times since her 1994 election after going off her anti-psychotic meds, according to testimony.

In 2004, firefighters removed her from a courtroom and took her to a hospital, said psychiatrist Matthew Markos.

Brim was hospitalized for 20 days after her arrest last year, he said. Markos said at the time Brim was hospitalized, she was catatonic, confused, irrational and showing signs of paranoia and psychosis.

Brim was re-elected to another six-year term as a judge in November. She was backed by the Cook County Democratic Party as well as the Committee for Retention of Judges in Cook County, a campaign committee funded by judges.


In his closing argument her attorney James Montgomery said prosecutors had "not produced a scintilla of evidence" to contradict Markos' testimony that Brim was legally insane at the time.


"This is not the action of a rational human being, this is someone acting pursuant to the symptoms of a mental disorder," he said.


Prosecutors said Brim made the decision to go off her meds and that she was "criminally responsible" for what happened.


Judge Brennan said during closings that "this court is completely convinced a battery occurred" so a prosecutor said the only issue was brim's mental state.


sschmadeke@tribune.com





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Dell closer to buyout as price talks narrow: source


NEW YORK (Reuters) - Dell Inc moved closer to a nearly $24 billion buyout deal, with price negotiations narrowing to $13.50 to $13.75 a share in what would be the biggest leveraged buyout since the financial crisis.


Talks between Dell, the world's No. 3 computer maker, and a consortium led by its founder and chief executive, Michael Dell, to take the company private were in the final stages on Monday, a person familiar with the matter said.


An outcome is expected soon, the person said, cautioning that no final agreement had been reached and negotiations could still break down.


Dell shares fell 2.6 percent to $13.27 in afternoon trading.


Microsoft Corp, which provides its Windows software for Dell computers and is also part of the investment consortium, is expected to invest around $2 billion in the deal, while private equity firm Silver Lake is expected to put in about $1 billion, the source said.


Michael Dell is expected to roll over his roughly 16 percent stake and put in some of his own money so he has control of the company, the source added.


Dell and Silver Lake declined to comment and Microsoft did not immediately respond to a request for a comment.


The $13.50 to $13.75 per share price range being negotiated translates into an equity valuation for Dell of between $23.5 billion to $23.9 billion.


The $13.75 per share is a premium of about 23 percent to the average of $11 per share Dell traded before news of the deal talks broke and is far below the $17.61 that the shares were trading a year ago."


Dell has steadily ceded market share in PCs to nimbler rivals such as Lenovo Group and is struggling to re-ignite growth. That's in spite of Michael Dell's efforts in the five years since he retook the helm of the company he founded in 1984, following a brief hiatus during which its fortunes waned rapidly.


Any deal that Michael Dell negotiates would need the approval of a majority of the shareholders. Deals that involve the considerable stake of a founder who is also the chief executive of the company are also likely to come in for extra scrutiny over whether the board exercised its fiduciary duty.


Dell has formed a special committee to take a close look at any potential deals on the table, multiple sources with knowledge of the matter told Reuters earlier.


(Reporting by Greg Roumeliotis in New York; Additional reporting by Poornima Gupta; editing by Carol Bishopric and Kenneth Barry)



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Cause of Super Bowl power outage remains unclear


NEW ORLEANS (AP) — As the Superdome's energy provider and stadium management try to determine what caused a 34-minute power outage at Sunday's Super Bowl, local officials are hoping the incident won't leave a black eye on the city or prevent the league's big game from coming back to town.


Larry Roedel, a lawyer for the state board that oversees the Superdome, said Monday that the outage did not appear to be related to work done on the stadium's electrical system in December. The work, approved by the Louisiana Stadium and Exposition District last fall, replaced feeder equipment connecting the stadium to power provider Entergy New Orleans.


Entergy and the company that manages the Superdome, SMG, said Sunday that an "abnormality" occurred where stadium equipment intersects with an Entergy electric feed, causing a breaker to create the outage. It remained unclear Monday exactly what the abnormality was or why it occurred.


But Doug Thornton, manager of the Superdome, said called the outage an equipment error, not a human one. He said that when the power outage hit, meters indicated the stadium was drawing less power than it does during a typical New Orleans Saints game. The air conditioning system was running, he said, but on less power than it does in September.


Thornton said millions of dollars have been spent upgrading electrical equipment in the building since Hurricane Katrina hit in 2005, and none of it failed. He said it was working properly when power was restored.


He also said there is no evidence that the halftime show had anything to do with the outage, which struck early in the third quarter. He said the show used its own dedicated generator and wasn't using the Superdome's power supply.


Mayor Mitch Landrieu told WWL-AM (www.wwl.com) on Monday that the city still wants to make a bid to host the NFL's championship game again in 2018 and that the outage won't hurt its chances.


Landrieu said league owners were impressed with the city's performance as host and even joked that the game got better after the blackout. ""People were leaving and the game was getting boring, so we had to do a little something to spice it up," he said.


NFL Commissioner Roger Goodell said New Orleans was a terrific Super Bowl host and that the outage won't affect future bids.


"I fully expect that we will be back here for Super Bowls," NFL Commissioner Roger Goodell said. "And I hope we will be back. We want to be back."


Goodell also said the Superdome had a backup power system ready to go, and it was about to be used when the power started coming back on.


The Superdome sits on a 52-acre former railroad yard in the business district. Though only a block from City Hall, the 76,000-seat stadium and the adjacent New Orleans Arena are owned by the state, and the seven-member commission that oversees them is appointed by Gov. Bobby Jindal.


The Superdome was built at a cost of $134 million and opened in 1975. It has been the home to the NFL's New Orleans Saints since then. The first Super Bowl was played there in 1978.


Sunday's game was the seventh Super Bowl at the stadium, and the 10th overall for New Orleans.


In 2005, Hurricane Katrina ripped off the Superdome roof as an estimated 30,000 people huddled inside. They waited, rain-drenched, for days in the severe heat that followed the storm.


On Sunday, officials were eager to show off how the city had been rebuilt since Katrina, and the week of activities leading up to the game was nearly perfect.


New Orleans also is home to one of the largest convention centers in the country. Dr. Bjorn Hanson, dean of New York University's Center for Hospitality and Sports Management, said Monday that the power outage shouldn't hurt the city's reputation as a convention destination.


"I think people view it for what it was: An unusual event with a near-record power draw," he said. "It was the equivalent of a circuit breaker flipping."


The American Association of Neurological Surgeons will hold meetings in New Orleans from April 27 to May 1. Patty Anderson, director of meetings for the group, said she was unconcerned about the outage.


"It doesn't matter," she said. "I never even gave it a second thought. To me, the city is bigger, stronger and more vibrant than it's ever been."


_


Associated Press writers Beth Harpaz, Brett Martel and Barry Wilner contributed to this report.


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NFL says no indication Beyonce show caused Super Bowl outage






NEW ORLEANS (Reuters) – The National Football League was still working with New Orleans officials on Monday to determine what caused the power outage at Sunday’s Super Bowl at the Superdome, so far dismissing any connection with the Beyonce halftime show.


With a record U.S. television audience watching along with viewers in 180 countries, about half the stadium lights went dark early in the second half of the game, in which the Baltimore Ravens defeated the San Francisco 49ers, 34-31.






NFL commissioner Roger Goodell told reporters on Monday an investigation was under way to determine the cause of the 35-minute disruption but one possible explanation had already been eliminated.


“There’s no indication at all that this was caused by the halftime show,” Goodell said. “I know that’s out there, that Beyonce’s halftime show had something to do with it. That is not the case from anything we have at this point.”


Entergy Corp, the utility providing power to the Superdome, said its distribution and transmission feeders were serving the Superdome at all times.


Early indications were that the outage resulted from an abnormality in the Superdome’s power system but it was too early to speculate on what went wrong, said Doug Thornton, senior vice president of the Superdome’s management company, SMG.


A piece of equipment designed to monitor electrical load sensed an abnormality in the system where the Superdome equipment intersects with Entergy’s feed into the building, triggering an automatic cut in power, SMG and Entergy said in a joint statement.


There was never any concern the power could not be restored, but it took time because of the size of the stadium and the complexities of the power system, Thornton said.


“We had people in place that could quickly work to restore power. We had experts on site, as we normally do when we have big events like this, our electrician, our electrical consultants were there and we were able to quickly work on that,” Thornton said.


“There were no injuries, people remained calm, we had a pre-programmed announcement that was actually played. These are things that we actually drilled for.”


None of the players or coaches said the stoppage had any impact on the game, and Goodell said the power problem would not adversely affect future bids by New Orleans to stage the Super Bowl, the United States’ most-watched sports event.


“I fully expect that we will be back here for Super Bowls,” Goodell said. “I hope we will be back. We want to be back … I don’t think this will have any impact at all on what I think will be remembered for one of the greatest Super Bowl weeks.”


(Editing by Daniel Trotta and Dale Hudson)


Music News Headlines – Yahoo! News





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