'Melrose' actress gets 3 years for deadly NJ crash

SOMERVILLE, N.J. (AP) — A former "Melrose Place" actress who was drunk when her SUV plowed into a car and killed a woman was sentenced Thursday to three years in prison, infuriating the victim's family who had hoped for the 10-year maximum.

"What a travesty!" the victim's husband, Fred Seeman, yelled after the sentence was read.

"This is not justice," the victim's 26-year-old son, Ford Seeman, told the judge before he stormed out of the courtroom.

A jury in November convicted Amy Locane-Bovenizer of vehicular homicide in the 2010 death of 60-year-old Helene Seeman in Montgomery Township.

Locane-Bovenizer will be eligible for parole after 2 1/2 years and will be credited the 81 days she has already served. She also had her license suspended for five years and will be on probation for three years after her release. She must pay several thousand dollars in fines.

Locane-Bovenizer, who didn't testify at the trial, appeared in 13 episodes of TV's "Melrose Place" and in movies including "Cry-Baby," ''School Ties" and "Secretary."

Prosecutors say she was driving with a blood-alcohol level nearly three times the legal limit when her SUV slammed into a Mercury Milan driven by Fred Seeman as he was turning into his driveway. Fred Seeman's wife, Helene, was killed, and he was seriously injured.

During the trial, the defense argued that Fred Seeman was making a slow turn, which contributed to the crash. They maintained that it was an accident, not a crime.

The defense also shifted blame to a third motorist who they say distracted the actress by honking at her and chasing her after being rear-ended. They said the chase led Locane-Bovenizer to drive 20 miles over the speed limit on a dark two-lane road.

The judge lowered the maximum sentence citing the hardship on Locane-Bovenizer's two young children. One has a serious medical and mental disability. The defense went into detail about how her sick child was deteriorating physically and psychologically since the actress' incarceration and about how a prolonged sentence would make it worse.

"I'm just glad her little girls will have their mother back soon," Locane-Bovenizer's mother, Helen Locane, said as she walked out of the courtroom.

In an emotionally charged statement, Fred Seeman told the court that the defense contention that his vehicle was turning slowly added "salt on the wound," and he said he was appalled that Locane-Bovenizer took no responsibility for killing his wife.

The actress, in turn, apologized to Seeman's family and said she did take full responsibility.

"I am truly sorry for all of the pain I have caused," she said, struggling to get through her statement, as she looked toward the family that packed one side of the courtroom while her friends and family packed the other. "My own suffering will never go away."

Judge Robert Reed said that he had no sympathy for the actress but that the children should not suffer even more because of her actions.

The Seeman family said after the sentencing that the decision was a "mockery" and only added to the suffering they've endured since the accident.

"What's one more punch in the gut?" Ford Seeman said.

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Buffet, 3G to buy Heinz for $23B

Warren Buffett's Berkshire Hathaway and private equity firm 3G Capital will buy ketchup and baby food maker H.J. Heinz Co for $23.2 billion in cash, a deal that combines 3G's ambitions in the food industry with Buffett's hunt for growth.

Including debt assumption, Heinz valued the transaction, which it called the largest in its industry's history, at $28 billion. Berkshire and 3G will pay $72.50 per share, a 19 percent premium to the stock's previous all-time high. Heinz shares actually rose slightly above the offer price, although Buffett cautioned he had no intention of raising his bid.

Analysts said the deal could be the first step in a broader wave of mergers for the food and beverage industry.

"Maybe for the consumer staples group in general this may start some talk about consolidation. Even corporate entities are flush with cash, interest rates are low, it would seemingly make sense," Edward Jones analyst Jack Russo said.

Companies like General Mills and Campbell Soup - itself long seen as a potential Heinz merge partner - rose on the news.

BUFFETT HUNTING GROWTH

The surprise purchase satisfies, at least in part, Buffett's hunt for growth through acquisition. He was frustrated in 2012 by the collapse of at least two deals in excess of $20 billion and said he might have to do a $30 billion deal this year to help fuel Berkshire's growth engine. In this case, Berkshire is putting up about $12 billion to $13 billion cash, Buffett told CNBC, leaving it ample room for another major transaction.

Berkshire Hathaway already has a variety of food assets, including the Dairy Queen ice cream chain, chocolatier See's Candies and the food distributor McLane. Buffett, famed for a love of cheeseburgers, joked he was well acquainted with Heinz's products already and that this was "my kind of deal."

It does represent an unusual teaming of Berkshire with private equity, though; historically, Buffett's purchases have been outright his own. He and 3G founder Jorge Paulo Lemann have known each other for years, and Buffett said Lemann approached him with the Heinz idea in December. One Berkshire investor said he had mixed feelings about the deal because of the limited growth prospects domestically.

"We're a little hesitant on the staple companies because they don't have any leverage in the United States," said Bill Smead, chief investment officer of Smead Capital Management in Seattle. But at the same time, he said, Buffett was likely willing to accept a bond-like steady return even if it was not necessarily a "home run."

3G EXPANDS

For 3G, a little-known firm with Brazilian roots, the purchase is something of a natural complement to its investment in fast-food chain Burger King, which it acquired in late 2010 and in which it still holds a major stake. Lemann, a globe-trotting financier with Swiss roots, made his money in banking and gained notoriety for helping to pull together the deals that ultimately formed the beer brewing giant AB InBev.

3G's Alex Behring runs the fund out of New York. He appeared at a Pittsburgh news conference on Thursday with Heinz management to discuss the deal - and to reassure anxious local crowds that the company will remain based there and will continue to support local philanthropy.

But at the same time, Behring said it was too soon to talk about cost cuts at the company. Unlike Berkshire, which is a hands-off operator, 3G is known for aggressively controlling costs at its operations.

PITTSBURGH ROOTS Also to be determined is whether CEO Bill Johnson would stay on. Only the fifth chairman in the company's history, Johnson is widely credited with Heinz's recent strong growth.

"I am way too young to retire," he told the news conference, adding that discussions had not yet started with 3G over the details of Heinz's future management.

The company, known for its iconic ketchup bottles, Heinz 57 sauces as well as other brands including Ore-Ida frozen potatoes, has increased net sales for the last eight fiscal years in a row.

Heinz said the transaction would be financed with cash from Berkshire and 3G, debt rollover and debt financing from J.P. Morgan and Wells Fargo. Buffett told CNBC that Berkshire and 3G would be equal equity partners.

Heinz shares soared 19.9 percent, or $12.06, to $72.54 on the New York Stock Exchange. A week ago the stock hit a long-term high of $61 a share - near records it set in 1998 - having risen almost 5 percent this year and nearly 12 percent since the beginning of 2012.

The deal is also a potential boon for new U.S. Secretary of State John Kerry, whose wife Teresa is the widow of H.J. Heinz Co heir John Heinz.

Kerry's most recent financial disclosures from his time in the U.S. Senate show a position in Heinz shares of more than $1 million, although the precise size is unclear.

Centerview Partners and BofA Merrill Lynch were financial advisers to Heinz, with Davis Polk & Wardwell LLP the legal adviser. Moelis & Company was financial adviser to the transaction committee of Heinz's board and Wachtell, Lipton, Rosen & Katz served as its legal adviser. Lazard served as lead financial adviser. J.P. Morgan and Wells Fargo also served as financial advisers to the investment consortium. Kirkland & Ellis LLP was legal adviser to 3G Capital, and Munger, Tolles & Olson LLP was legal adviser to Berkshire Hathaway.

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Cubs' plan for more night games in 2013 could be in trouble

The Chicago Cubs' push for more night games in the upcoming season could be in jeopardy, as Ald. Tom Tunney said he would not introduce legislation at today's City Council meeting.

The team has asked Tunney, whose 44^th ward encompasses Wrigley Field, to ease limits on night games, late Friday afternoon games, concerts and other non-game events that are part of a neighborhood protection ordinance. The Cubs want more flexibility in scheduling games and events to increase revenues as the owners of the team seek to embark on a $300 million renovation of Wrigley Field.

The Cubs currently schedule 27 night games and can add up to three more for national television purposes. The exact number of new night games the club seeks is unclear, but the team is eager to have more night games as soon as the upcoming season. The timetable depends on getting city approval as soon as possible so that Major League Baseball can adjust the 2013 schedule, which already has been unveiled.

The team had asked Tunney to introduce a measure amending the neighborhood protection ordinance at Wednesday’s meeting. But the alderman wants the Cubs to address parking, traffic and security issues in the Wrigleyville neighborhood.

The lack of a proposal today suggests Tunney is in no rush to give the Cubs what they want. Additional night games are just one of the changes the Cubs seek that are tied to Wrigley renovations. The team also wants the city to lift landmark restrictions on the stadium to allow for more advertising and change zoning around Wrigley to allow for pre-game street festivals.

Both Mayor Rahm Emanuel and Tunney said they wanted one comprehensive deal to rehab Wrigley and would not proceed first with just an ordinance to add more night games.

“It’s all of one piece,” the mayor said. “We’re going to do this comprehensively.”

He also suggested that a Major League Baseball deadline for scheduling night games provides pressure to seal a deal.

“The individual parties know there’s a deadline, because there is an actual one for them,” Emanuel said.

“But I will say one word to the parties,” he added. “There’s an agreement to be had. It’s right there. All you need is a little leadership and a little will. It’s right there at the table.”

A spokesman for the Ricketts family, the Cubs’ owners, said negotiations on several issues continue.

“Everybody has a sense of urgency,” said spokesman Dennis Culloton. “The team is still hoping to get things resolved by Opening Day at the latest.”

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No "Plan B" for Microsoft's mobile ambitions: CFO

SEATTLE (Reuters) - Microsoft Corp has not made much of a dent in Apple Inc's and Google Inc's domination of mobile computing, but a top executive hinted on Wednesday that it will not stop trying and does not have an alternative strategy.

"We're very focused on continuing the success we have with PCs and taking that to tablets and phones," Microsoft's Chief Financial Officer Peter Klein said at the annual Goldman Sachs Technology and Internet Conference in San Francisco, which was webcast.

Given Microsoft's lack of success so far, he was asked if there was an alternative strategy or 'Plan B' in reserve.

"It's less 'Plan B' than how you execute on the current plan," said Klein. "We aim to evolve this generation of Windows to make sure we have the right set of experiences at the right price points for all customers."

Microsoft now has two versions of its own brand Surface tablet for sale and released its newest Windows phone software last year. But the company has not made big inroads into either market.

Gartner estimates that Microsoft sold fewer than 900,000 Surface tablets in the fourth quarter, which is a fraction of the 23 million iPads sold by Apple. Microsoft has not released its own figures but has not disputed Gartner's.

Windows phones now account for 3 percent of the global smartphone market, Gartner says, which is almost double their share a year ago but way behind Google's Android with 70 percent and Apple with 21 percent.

To grab more share, Klein said Microsoft was working with hardware makers to make sure Windows software is available on devices ranging from phones to tablets to larger all-in-one PCs.

"It's probably more nuanced than just you lower prices or raise prices," said Klein. "It's less a Plan B and more, how do you tweak your plan, how do you bring these things to market to make sure you have the right offerings at the right price points?"

Klein did not say whether Microsoft itself was planning to move into the growing small tablet market, following the success of Apple's iPad mini, Google's Nexus 7 and Amazon.com Inc's Kindle Fire tablet.

Along with its partners, Klein said only that Microsoft was "well set-up to deliver the most versatile set of experiences across form factors".

Regarding Microsoft's $2 billion loan to Michael Dell and private equity firm Silver Lake to take PC maker Dell Inc private, announced last week, Klein suggested it was simply part of its efforts to support the "ecosystem" of PC makers.

"We have a long history of participating and supporting the ecosystem and that takes different forms. Oftentimes it takes the form of co-marketing, sometimes in helping with development," said Klein. "In a very dynamic industry, our ability to support the ecosystem - particularly the ecosystem that is innovating on our devices and platforms - is a good thing and something we will continue to do."

(Reporting By Bill Rigby; Editing by Kenneth Barry)

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Jacques Rogge to meet with wrestling leader

LAUSANNE, Switzerland (AP) — Facing a wave of criticism from around the world, IOC President Jacques Rogge will meet with the head of wrestling's governing body to discuss ways the sport can fight to save its place in the Olympics.

The IOC executive board dropped wrestling from the program of the 2020 Games on Tuesday, a decision which brought a sharp backlash from wrestling organizations and national Olympic bodies around the world — including the United States, Russia and Iran.

The move must still be ratified by the full International Olympic Committee in September, giving wrestling time to try to overturn a decision against a sport which dates back to the ancient Olympics and has been featured since the inaugural modern games in 1896.

Rogge said Wednesday he has been contacted by Raphael Martinetti, the Swiss president of international wrestling federation FILA, and was encouraged by the sport's resolve to make changes and fight for its place.

"We agreed we would meet at the first opportunity to have discussions," Rogge said at a news conference at the close of a two-day board meeting. "I should say FILA reacted well to this disheartening news for them.

"They vowed to adapt the sport and vowed to fight to be eventually included in the 2020 slot."

Wrestling, which remains on the program for the 2016 Olympics in Rio de Janeiro, still has a chance to stay on the list for 2020 — if it manages to respond decisively to the wakeup call and convince the IOC to reverse course.

"This is not the end of the day. The door is not closed," IOC Vice President Thomas Bach of Germany said. "It's good to see the reaction of FILA to say, 'OK we have understood, we have to do something and we will present a plan for the future of wrestling.' That is the right attitude."

Wrestling now joins seven other sports vying for one opening on the 2020 program: a combined bid from baseball and softball, karate, squash, roller sports, sport climbing, wakeboarding and the martial art of wushu.

The IOC executive board will meet in May in St. Petersburg, Russia, to decide which sport or sports to propose for 2020 inclusion. The final vote will be made at the IOC general assembly in September in Buenos Aires, Argentina.

"The vote of yesterday is not an elimination of wrestling from the Olympic Games," Rogge said. "Wrestling will participate in the games in Rio de Janeiro. To the athletes who train now, I say, 'Continue training for your participation in Rio. Your federation is working for the inclusion in the 2020 Games.'"

Rogge was asked whether Tuesday's decision marked an end to wrestling's Olympic hopes.

"I cannot look into a crystal ball into the future," he said. "We have established a fair process by which the sport that would not be included in the core has a chance to compete with the seven other sports for the slot on the 2020 Games."

Rogge said he was fully aware of the strength of criticism leveled at the IOC for the move.

"We knew even before the decision was taken whatever sport would not be included in the core program would lead to criticism from the supporters of that sport," he said.

Still, complaints continued to pour in Wednesday from different parts of the world, uniting the U.S. and Iran on an issue in ways never imagined in diplomatic circles. The U.S. and Russia were also unlikely allies in the save-wrestling campaign.

Alexander Zhukov, head of the Russian Olympic Committee, said he would write to Rogge and "use all of our strength to persuade the IOC not to exclude wrestling from the Olympic program."

Wrestling has been one of Russia's strongest sports: Soviet and Russian wrestlers have won 77 gold medals.

In Tehran, Iranian wrestler Ali Reza Dabir, a gold medalist in 2000 Sydney Games, called wrestling "the identity" of the Olympics.

"Do we destroy our historical sites which are symbols of humanity?" he told The Associated Press. "No. Then, why should we destroy wrestling?"

The Wrestling Federation of India said it would do all that it can to reverse the decision, and the Olympic committee in Greece — the birthplace of the ancient and modern games — condemned "a decision that is clearly in total opposition to the history of the Olympic Games and of sports in general."

On Tuesday, U.S. Olympic Committee CEO Scott Blackmun questioned the IOC decision "given the history and tradition of wrestling, and its popularity and universality."

There are potential scenarios that would work in wrestling's favor.

IOC officials said it's possible the executive board could decide in May to put three sports forward for consideration, including wrestling. Then it would be up to the assembly to approve wrestling or not.

If the board decides to keep wrestling off the list, the IOC assembly — which has resisted past attempts by the board to impose changes to the sports program — could reject the proposed list of 25 sports altogether. That would mean the current 26 sports, including wrestling, would stay and the whole process would go back to square one.

Modern pentathlon — a five-sport discipline dating back to the 1912 Games — had been widely expected to face removal from the program but lobbied successfully to save its status.

IOC member Richard Carrion of Puerto Rico, who served on the executive board for eight years, said such decisions are inevitably swayed by politics.

"Some people are better at lobbying than others," he told the AP. "There is a political dimension to this. There are people who have connections, who have this and that. We may like it or not, but in a multi-national organization like this decisions get made in ways that are not completely logical."

___ Associated Press writers Ali Akbar Dareini in Tehran, Jim Heintz in Moscow and Elena Becatoros in Athens contributed to this report.

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Clues to why most survived China melamine scandal

WASHINGTON (AP) — Scientists wondering why some children and not others survived one of China's worst food safety scandals have uncovered a suspect: germs that live in the gut.

In 2008, at least six babies died and 300,000 became sick after being fed infant formula that had been deliberately and illegally tainted with the industrial chemical melamine. There were some lingering puzzles: How did it cause kidney failure, and why wasn't everyone equally at risk?

A team of researchers from the U.S. and China re-examined those questions in a series of studies in rats. In findings released Wednesday, they reported that certain intestinal bacteria play a crucial role in how the body handles melamine.

The intestines of all mammals teem with different species of bacteria that perform different jobs. To see if one of those activities involves processing melamine, researchers from the University of North Carolina at Greensboro and Shanghai Jiao Tong University gave lab rats antibiotics to kill off some of the germs — and then fed them melamine.

The antibiotic-treated rats excreted twice as much of the melamine as rats that didn't get antibiotics, and they experienced fewer kidney stones and other damage.

A closer look identified why: A particular intestinal germ — named Klebsiella terrigena — was metabolizing melamine to create a more toxic byproduct, the team reported in the journal Science Translational Medicine.

Previous studies have estimated that fewer than 1 percent of healthy people harbor that bacteria species. A similar fraction of melamine-exposed children in China got sick, the researchers wrote. But proving that link would require studying stool samples preserved from affected children, they cautioned.

Still, the research is pretty strong, said microbiologist Jack Gilbert of the University of Chicago and Argonne National Laboratory, who wasn't involved in the new study.

More importantly, "this paper adds to a growing body of evidence which suggests that microbes in the body play a significant role in our response to toxicity and in our health in general," Gilbert said.

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First lady plugs 'Beasts of the Southern Wild'

WASHINGTON (AP) — Michelle Obama on Wednesday gushed over the Oscar-nominated film "Beasts of the Southern Wild," calling it one of the "most powerful and most important" movies in a long time in a ringing endorsement delivered less than two weeks before this month's Academy Awards ceremony.

The first lady commented during a Black History Month workshop at the White House for about 80 middle- and high-school students from the District of Columbia and New Orleans. The movie was set in Louisiana.

Students saw the film, then got to question director Benh Zeitlin and actors Dwight Henry and 9-year-old Quvenzhane Wallis. Wallis stars in the mythical tale of a 6-year-old girl named Hushpuppy struggling to survive in the southern Delta with her ailing father as a storm approaches. Her world consists of a tight-knit, shantytown community on the bayou with wild animals, both real and imagined.

The film won four Oscar nominations, including for best picture, best actress and directing.

Mrs. Obama said she saw the 93-minute film over the summer with a large group of friends and family who ranged in age from 3 to 73, and they were enthralled by it.

"It's rare these days to find a movie that can so completely and utterly captivate such a broad audience and that was one of the things that struck me about this movie," she said. "It managed to be beautiful, joyful and devastatingly honest."

The first lady said "Beasts" makes viewers "think deeply about the people we love in our lives who make us who we are" and shows the strength of communities and the power they give others to overcome obstacles.

"It also tells a compelling story of poverty and devastation but also of hope and love in the midst of some great challenges," she said.

Mrs. Obama also said it was "cool" that "there are so many important lessons to learn in that little 93 minutes."

"That a director and a set of writers and producers can say so much in just 93 minutes," the first lady told the students. "And it doesn't always happen in a movie, quite frankly, but this one did it, and that's why I love this movie so much and why our team wanted to bring it here to the White House and share it with all of you."

Mrs. Obama also used the film to inspire her young audience, noting that Wallis was just 5 years old when she auditioned for the part and Henry, who runs a bakery, had never acted a day in his life.

"You all have to really be focused on preparing yourselves for the challenges and the opportunities that will lie ahead for all of you. You've got to be prepared," she said, urging them to go to school, do their homework every day and follow her husband's example by reading everything they get their hands on.

___

Follow Darlene Superville on Twitter: http://www.twitter.com/dsupervilleap

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Feds OK insurance exchange partnership

Health and Human Services Secretary Kathleen Sebelius on Wednesday said her department conditionally approved Illinois’ plan to operate a health insurance exchange in a partnership with the federal government, a widely expected move that makes the state the third to receive the official go ahead. 

Sebelius plans to make the announcement Wednesday afternoon at a West Side clinic alongside Gov. Pat Quinn, Sebelius said the approval will allow the state and the federal government to continue work on readying the online marketplace for Oct. 1, when uninsured Illinoisans can begin signing up for health insurance offered under the 2010 health care overhaul law.

Under the partnership model, Illinois will maintain its responsibility for regulating the insurance market, a function that will allow the state to tailor the types of private health insurance plans offered through the exchange. Illinois also will be in charge of customer assistance, which will allow it to conduct outreach efforts and aid people in signing up.

The federal government is responsible for building and operating the exchange.

Illinois becomes the third state to have its partnership plan approved, following Delaware and Arkansas. A handful of other states, including Iowa, Michigan, West Virginia and New Hampshire, also are interested in the partnership model. Other states have opted to set up and run their own exchanges, while a majority refused to participate, relying on the federal government to do so.

Sebelius is in town through Thursday to meet with several large stakeholders, including union leaders, clergy and community groups, to raise awareness about the forthcoming exchanges, a spokesman said.

The exchanges are a crucial part of the government's plan to expand the number of Americans who have some form of health insurance.

Eventually, an estimated 20 million people will benefit from federal tax credits starting in 2014 that will help offset the cost of paying for insurance premiums. Even so, the government estimates that about 6 million Americans will not sign up and will start paying tax penalties in 2014.

In the first year, those penalties are relatively modest, starting at $95 for adults and $47.50 per child. But they’re expected to increase in future years, eventually totaling nearly $7 billion in 2016, an average fine of about $1,200 per person.

While states were given the option of setting up and running their own exchanges, only 18 chose to do so, with most of the rest opting to allow the federal government to operate them, at least in the beginning.

Julie Hamos, director of the state Department of Healthcare and Family Services, has said she hopes to get legislation passed this spring to authorize a purely state-run exchange that will be up and ready in time for open enrollment for 2015.

Meanwhile, consumers can expect a marketing blitz during the summer and into the fall touting the exchanges, which will serve individuals who are not eligible for Medicare or Medicaid and not offered health insurance through their employers.

pfrost@tribune.com | Twitter: @peterfrost

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Fugitive ex-cop in gun battle with authorities, source says

Fugitive former police officer Christopher Dorner allegedly shot and wounded at least two San Bernardino County sheriff's deputies during a shootout with authorities in the Big Bear area Tuesday afternoon, sources said.

Dozens of law enforcement officers were racing to the last reported scene of a gun battle near the 7 Oaks cabin area near Big Bear.

“There are deputies everywhere on the ground and on foot," said Cindy Bachman, a San Bernardino County sheriff's spokeswoman.

The shooting occurred after Dorner burglarized a home, tied up a couple and stole a white pickup truck, sources said. San Bernardino County sheriff's spokeswoman Jodi Miller confirmed deputies responded to a vehicle theft about 12:22 p.m., and the resident who reported the theft said the suspect matched Dorner's desciprtion. 

The U.S. Forest Service confirms there was an exchange of gunfire between officers on foot and the suspect, in the Santa Ana River drainage, north of State Highway 38 and south of Big Bear Valley. At least one officer of the California Department of Fish and Wildlife was involved, said John Miller, San Bernardino National Forest spokesman. He is not believed to be injured.

Dorner's status was not immediately known as the gunfight continued.

Officers have crisscrossed California for days pursuing the more than 1,000 tips that poured in about Dorner's possible whereabouts — including efforts in Tijuana, Mexico, San Diego County and Big Bear — and serving warrants at homes in Las Vegas and Point Loma.

Statewide alerts were issued in California and Nevada, and border authorities were alerted. The Transportation Security Administration also issued an alert urging pilots and other aircraft operators to keep an eye out for Dorner.

The search turned to Big Bear last week after Dorner's burning truck was found on a local forest road.

At the search's height, more than 200 officers scoured the mountain, conducting cabin-by-cabin checks. It was scaled back Sunday — about 30 officers were out in the field Tuesday, the San Bernardino County Sheriff's Department said.

Dorner allegedly threatened "unconventional and asymmetrical warfare" against police in a lengthy manifesto that authorities say he posted on Facebook. The posting named dozens of potential targets, including police officers, that Dorner allegedly threatened to attack, according to authorities.

The records state that the manifesto was discovered by authorities Wednesday, three days after the slaying of the two Irvine victims: Monica Quan, a Cal State Fullerton assistant basketball coach, and her fiance, Keith Lawrence, a USC public safety officer.

Quan was the daughter of a retired LAPD captain whom Dorner allegedly blamed in part for his firing from the force in 2009.

The federal documents also provide new details on Dorner's alleged attack against officers early Thursday in Riverside County.

The first shooting was in Corona after an eyewitness reported a person matching Dorner's description at a gas station, telling an LAPD officer "who was detailed to the area to protect one of the officials whom Dorner had threatened," according to the court records.

"When the officer drove by the gas station, the suspect exited his vehicle and fired an assault rifle at the officer, hitting the officer's vehicle," according to the court records.

The LAPD later said the officer received a grazing wound. 

About 30 minutes later, Dorner opened fire on Riverside police officers "who were in the area searching for Dorner," the documents said. On that detail, the account conflicts with a statement provided to the media by Riverside police officials, who said the officers were stopped at a red light and were not looking for Dorner.

Riverside Officer Michael Crain, 34, a married father of two who served two tours in Kuwait as a rifleman in the Marines, was killed in the attack. His partner remains hospitalized, Police Chief Sergio Diaz said, and it was unclear if he would be able to return to active duty.

Dorner was charged Monday with one count of murder, with special-circumstance allegations in the killing of a peace officer and the discharge of a firearm from a vehicle, in connection with Crain's death. He faces three additional charges of attempted murder.

Riverside Dist. Atty. Paul Zellerbach said because of the special-circumstance allegations, Dorner could be eligible for the death penalty if convicted.

--Andrew Blankstein, Richard Winton, Kate Mather, Matt Stevens, Joel Rubin and Julie Cart.

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Apple CEO calls Einhorn lawsuit a "silly sideshow"

SAN FRANCISCO (Reuters) - Apple Inc Chief Executive Tim Cook said the board is carefully considering David Einhorn's proposal for the company to issue preferred stock and return more cash to investors, but he called a lawsuit brought by the star hedge fund manager against Apple a "silly sideshow."

Waving aside Einhorn's assertion that Apple is clinging to a "Depression-era" mentality, Cook said on Tuesday the board is in "very active discussions" on how to dole out more of its $137 billion hoard of cash and marketable securities.

Einhorn and his Greenlight Capital are suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest among technology companies. They are challenging "Proposal 2" in Apple's proxy statement, which would abolish a system for issuing preferred stock at its discretion.

Einhorn called on Apple to issue perpetual preferred shares that pay dividends to existing shareholders. Such a vehicle, Einhorn says, would be superior to dividends or share buybacks.

Cook gave Einhorn credit for a novel idea, but the usually unflappable chief executive turned slightly impatient when discussing the lawsuit. He was also dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews.

"This is a waste of shareholder money and a distraction, and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told a packed hall at Goldman Sachs' annual technology industry conference in San Francisco.

The conflict over Prop 2 "is a silly sideshow," added Cook, who on Tuesday traded in his usual casual jeans attire for slacks and a dark suit jacket, in a nod to Wall Street. Cook said he thought it "bizarre that we would find ourselves being sued for doing something good for shareholders."

Einhorn's clash with Apple centers on a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple, which said the change would not preclude future issuance of preferred shares, is recommending shareholders vote in favor at its annual meeting on February 27.

The lawsuit, filed in the U.S. district court in Manhattan, objects to the bundling of the charter change with two other corporate governance-related proposals in "Proposal 2."

The hedge fund manager, a well-known short-seller and Apple gadget fan, counters that striking the preferred-share mechanism from the charter would make it more difficult to issue such securities down the road.

Apple's share price has tumbled in recent months from a high of just over $700 last September. In late afternoon trade on Tuesday, the shares were down around 2.2 percent at $469.30.

DIMINISHING CLOUT

Investors were disappointed that Cook - who rarely makes lengthy public-speaking engagements - did not provide a "more substantial" view on returning cash.

"The only thing that would substantially move the stock would be him saying they were returning cash to shareholders or hinting at a new product," said a manager from a mid-size Dallas hedge fund that owns Apple shares.

"There was a small chance of that happening."

Apple stock is a mainstay of many fund managers' portfolios, with research firm eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.

But that also increases the pressure on Apple to give away a bigger portion of its cash hoard, which is rising as the share price declines and its outlook grows murkier.

Last March, Apple announced a quarterly cash dividend and a share buyback that would pay out $45 billion over three years. At the time, it was sitting on $98 billion in cash. It has so far returned $10 billion of that, but investors want more.

Apple's own view is that its cash pile is a strategic cushion, offering it more flexibility if a need ever arises, such as a major acquisition. Cook said the company had pondered more than one large acquisition in the past, but none passed its internal test.

The company could well do one in the future if the technology fits, he said.

"We have the management talent and depth to do it," he said. "We don't feel the pressure to go out and acquire revenue."

FREE-WHEELING DISCUSSION

Cook, introduced by Goldman Sachs CEO Lloyd Blankfein at the outset, offered other views on topics from screen sizes and the future of the personal computer to Apple's commitment to "great products."

He disputed a popular view that the smartphone market in developed markets may be saturated.

"On a longer-term basis, all phones will be smartphones and there's a lot more people in the world than 1.4 billion, and people love to upgrade their phones very regularly," he said.

The company is also trying to appeal to cost-conscious customers. Apple has moved to make the iPhone more affordable without introducing a specific cheaper phone, by cutting prices of older models.

"We didn't have enough supply of iPhone 4 after we cut the price," he said. "It surprised us, the level of demand for it."

The chief executive, who departed for Washington, D.C after the conference to join U.S. first lady Michelle Obama at the President's State of the Union address later on Tuesday, otherwise stuck pretty much to his regular script - with a sprinkling of lighter, more personal moments.

He grew animated when praising Apple employees or talking about the company's efforts to improve labor conditions across its sprawling supply chain, and touted the Apple store concept for its uplifting ability.

Cook said that when he is down, he just visits an Apple retail store. "It's like Prozac. It's a feeling like no other."

(The story corrects fourth paragraph to say that Einhorn, not the lawsuit, called for Apple to issue perpetual preferred shares.)

(Additional reporting by Jennifer Saba in New York; Editing by Gerald E. McCormick, Claudia Parsons and Steve Orlofsky)

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