DA investigating Texas' troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.

Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.

Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

"There appears to be a cover-up going on," Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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Brazen N.Y. killing of L.A. man leaves puzzling questions

NEW YORK — Brandon Woodard checked out of his midtown Manhattan hotel room Monday afternoon and emerged onto 58th Street a block from Columbus Circle.

As the 31-year-old Playa Vista man walked down the street, a man standing near a Lincoln sedan pulled a hood over his head as Woodard passed. A short time later, the two passed each other a second time. The man turned, pulled out a gun and shot Woodard at close range in the back of the head with a 9-millimeter pistol. He got back into the Lincoln, which pulled away.

The shooting has riveted New York and made for tabloid headlines. New York police have described the killing as an assassination-style attack.

But it has also reverberated in Los Angeles, where Woodard was raised and made his home.

Woodard grew up in Ladera Heights, played basketball at the exclusive Campbell Hall private high school in Studio City and graduated from Loyola Marymount University in 2003. His stepfather, Rod Wellington, said in an interview Tuesday that Woodard was pursuing a law degree at the University of West Los Angeles School of Law (school officials would not confirm if he was enrolled).

His stepfather described Woodard as a "loving son, a loving father and a loving brother." Woodard had a 4-year-old daughter and had a "great relationship" with the girl and her mother, he said.

"He was a good young man," Wellington said.

But court records revealed a more complex picture. Woodard has been arrested at least 20 times, according to New York Police Commissioner Raymond Kelly.

In 2004, Woodard was cited by Las Vegas police and summoned to court after a backstage scuffle with a security guard at an Usher concert at the Mandalay Bay Hotel and Casino. Police said Woodard had entered a restricted area and refused orders to leave.

He failed to appear in court in connection with the citation and a warrant was issued for his arrest. He was arrested in 2008 on that bench warrant but police could not immediately say how the matter was resolved.

Los Angeles authorities allege that in February 2008 he stole items from a Whole Foods Market and a Gelson's. He was sentenced to nine days in county jail and 200 hours of community service.

In December 2009, he pleaded no contest to a misdemeanor hit-and-run driving charge in Torrance. He received three years and a day in county jail.

Prosecutors said that he came back to court in 2010 and 2011 for probation violation hearings related to arrests for grand theft and battery against a former spouse as well as a spousal battery arrest in January. In April, prosecutors said his probation was completed.

The Los Angeles city attorney's office said there was a hearing related to the September 2010 spousal abuse allegation and noted that a bench warrant had been issued for Woodard's arrest as recently as July 3. It was not immediately clear how the warrant was resolved.

Officials with the Los Angeles County district attorney's office said Woodard was due in Beverly Hills Superior Court on Jan. 22 for a hearing in connection with a single charge of cocaine possession. He was originally charged in June.

Court records also indicated that Woodard's mother had been involved in multiple civil lawsuits related to her real estate business dealings. When Woodard was arrested in January, he listed his occupation as real estate.

Neither police nor family members said they have any idea for a motive.

On Tuesday, Kelly said detectives had made progress in their investigation from ballistics evidence and video surveillance footage that captured the shooting and the suspected getaway vehicle.

He added that investigators were pursuing all leads, including Woodard's criminal history and his family's real estate dealings.

Kelly said Woodard, who carried three cellphones, was believed to be a promoter of some kind, but did not elaborate.

It was not clear what brought Woodard to New York after he purchased a one-way ticket from California, Kelly said, or where he was going when he left the hotel. Woodard checked into the hotel Sunday and checked out about 1:15 p.m. the next day.

Kelly said it was clear the gunman lay in wait for Woodard and didn't act alone.

The suspect had a driver who, after the hit, pulled a silver or gray Lincoln onto 58th Street, Kelly said. Once the gunman was in the car, the vehicle headed south on 7th Avenue and disappeared. A short time later, a car "similar in description" was seen heading through the midtown tunnel eastbound into Queens, where the driver paid the toll with cash.

Investigators had the license plate of the vehicle, but Kelly declined to release the information, citing the ongoing investigation.

Kelly also said ballistics analysis linked the weapon to a 2009 shooting in Queens. The gun was fired at a residence, he said — no one was hurt and no arrests were made.

Kelly said Monday's crime was particularly surprising, given such a public setting.

"You can characterize it as either being brazen or foolhardy," he said.

tina.susman@latimes.comkate.mather@latimes.comandrew.blankstein@latimes.com

Times staff writers Adolfo Flores, Jeff Gottlieb and Frank Shyong contributed to this report. Susman reported from New York, Mather and Blankstein from Los Angeles.

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Mali’s Prime Minister Arrested by Military

BAMAKO, Mali – Soldiers arrested Mali’s prime minister at his residence late Monday night, in new turmoil in a West African nation racked by military interference and an Islamist takeover in the north.

Associated Press

Prime Minister Cheikh Modibo Diarra appeared on state television and announced his government’s resignation on Tuesday.

Hours later, Prime Minister Cheikh Modibo Diarra appeared grim-faced on national television to announce his government’s resignation. A spokesman for soldiers who seized power earlier in the year — and later nominally relinquished to Mr. Diarra — confirmed the prime minister’s arrest on Tuesday morning, accusing him of “playing a personal agenda” while the country faced a crisis in the north.

Mr. Diarra was taken by soldiers late Monday to the military encampment at Kati, just outside Bamako, the capital, where Capt. Amadou Sanogo, the officer who led the March military coup, and others told him “there were proofs against him that he was calling for subversion,” said a military spokesman, Bakary Mariko.

On Tuesday morning, the streets of Bamako appeared calm following what appeared to be the country’s second coup d’état in less than a year. But the new upheaval was likely to be considered a setback in western efforts to help Mali regain control of territory lost to Al Qaeda-linked militants earlier in the year.

The west has watched with growing alarm as Islamists radicals have constructed a stronghold in the country’s vast north and the United Nations, regional African bodies, France and the United States have engaged to aid the faltering Malian army in a military strike to take back the lost north. Those efforts have so far not coalesced in a coherent plan, despite numerous meetings and United Nations resolutions. More meetings at the United Nations were planned for later this month.

The latest political turmoil in the capital will almost certainly slow down any campaign in the north, however. Already, the United States has expressed reluctance to provide too much direct military assistance, given the shakiness of the political order here. Those doubts will likely only increase following the latest upheaval.

Mr. Diarra — appointed last spring as a caretaker prime minister until new elections, interrupted by the coup, could be organized — was known to disagree with Captain Sanogo on military policy.

He has been an advocate of immediate international military assistance to recapture the north from the Islamists. Captain Sanogo has rebuffed suggestions that the Malian military was incapable of handling the job on its own. Indeed, the captain for weeks resisted the notion that troops from other African nations should even approach the capital.

While Mr. Diarra has made the rounds of foreign capitals, pleading for help to fight the increasingly aggressive Islamists, military leaders have remained at the Kati base, grumbling.

That conflict was evident in the declarations of the military’s spokesman on Tuesday. “Since he has been in power, he has been working simply to position his own family,” Mr. Mariko, the spokesman, said. “There has been a paralysis in government.”

On Monday night, around 11 p.m. here, as Mr. Diarra was preparing for a flight to Paris for a medical checkup exam when the soldiers appeared at his home, and took him to Kati, Mr. Mariko said. “He was getting ready to go to the airport,” Mr. Mariko said.

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Hayden Panettiere Splits with Scotty McKnight

12/10/2012 at 07:50 PM EST

Hayden Panettiere and Scotty McKnight

Splash News Online

Is there a tear in her beer?

Nashville star Hayden Panettiere has broken up with her boyfriend of more than a year, New York Jets wide receiver Scotty McKnight, a source confirms to PEOPLE.

But the split doesn't appear to be the stuff of a sad country song. The actress, 23, is still friends with McKnight, 24, and one source tells TMZ that their pals wouldn't be surprised if they got back together.

This is Panettiere's second go at a relationship with an athlete. Before dating McKnight she was with Ukrainian boxer Wladimir Klitschko for about two years.
– Julie Jordan

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New tests could hamper food outbreak detection

WASHINGTON (AP) — It's about to get faster and easier to diagnose food poisoning, but that progress for individual patients comes with a downside: It could hurt the nation's ability to spot and solve dangerous outbreaks.

Next-generation tests that promise to shave a few days off the time needed to tell whether E. coli, salmonella or other foodborne bacteria caused a patient's illness could reach medical laboratories as early as next year. That could allow doctors to treat sometimes deadly diseases much more quickly — an exciting development.

The problem: These new tests can't detect crucial differences between different subtypes of bacteria, as current tests can. And that fingerprint is what states and the federal government use to match sick people to a contaminated food. The older tests might be replaced by the new, more efficient ones.

"It's like a forensics lab. If somebody says a shot was fired, without the bullet you don't know where it came from," explained E. coli expert Dr. Phillip Tarr of Washington University School of Medicine in St. Louis.

The federal Centers for Disease Control and Prevention warns that losing the ability to literally take a germ's fingerprint could hamper efforts to keep food safe, and the agency is searching for solutions. According to CDC estimates, 1 in 6 Americans gets sick from foodborne illnesses each year, and 3,000 die.

"These improved tests for diagnosing patients could have the unintended consequence of reducing our ability to detect and investigate outbreaks, ultimately causing more people to become sick," said Dr. John Besser of the CDC.

That means outbreaks like the salmonella illnesses linked this fall to a variety of Trader Joe's peanut butter might not be identified that quickly — or at all.

It all comes down to what's called a bacterial culture — whether labs grow a sample of a patient's bacteria in an old-fashioned petri dish, or skip that step because the new tests don't require it.

Here's the way it works now: Someone with serious diarrhea visits the doctor, who gets a stool sample and sends it to a private testing laboratory. The lab cultures the sample, growing larger batches of any lurking bacteria to identify what's there. If disease-causing germs such as E. coli O157 or salmonella are found, they may be sent on to a public health laboratory for more sophisticated analysis to uncover their unique DNA patterns — their fingerprints.

Those fingerprints are posted to a national database, called PulseNet, that the CDC and state health officials use to look for food poisoning trends.

There are lots of garden-variety cases of salmonella every year, from runny eggs to a picnic lunch that sat out too long. But if a few people in, say, Baltimore have salmonella with the same molecular signature as some sick people in Cleveland, it's time to investigate, because scientists might be able narrow the outbreak to a particular food or company.

But culture-based testing takes time — as long as two to four days after the sample reaches the lab, which makes for a long wait if you're a sick patient.

What's in the pipeline? Tests that could detect many kinds of germs simultaneously instead of hunting one at a time — and within hours of reaching the lab — without first having to grow a culture. Those tests are expected to be approved as early as next year.

This isn't just a science debate, said Shari Shea, food safety director at the Association of Public Health Laboratories.

If you were the patient, "you'd want to know how you got sick," she said.

PulseNet has greatly improved the ability of regulators and the food industry to solve those mysteries since it was launched in the mid-1990s, helping to spot major outbreaks in ground beef, spinach, eggs and cantaloupe in recent years. Just this fall, PulseNet matched 42 different salmonella illnesses in 20 different states that were eventually traced to a variety of Trader Joe's peanut butter.

Food and Drug Administration officials who visited the plant where the peanut butter was made found salmonella contamination all over the facility, with several of the plant samples matching the fingerprint of the salmonella that made people sick. A New Mexico-based company, Sunland Inc., recalled hundreds of products that were shipped to large retailers all over the country, including Target, Safeway and other large grocery chains.

The source of those illnesses probably would have remained a mystery without the national database, since there weren't very many illnesses in any individual state.

To ensure that kind of crucial detective work isn't lost, the CDC is asking the medical community to send samples to labs to be cultured even when they perform a new, non-culture test.

But it's not clear who would pay for that extra step. Private labs only can perform the tests that a doctor orders, noted Dr. Jay M. Lieberman of Quest Diagnostics, one of the country's largest testing labs.

A few first-generation non-culture tests are already available. When private labs in Wisconsin use them, they frequently ship leftover samples to the state lab, which grows the bacteria itself. But as more private labs switch over after the next-generation rapid tests arrive, the Wisconsin State Laboratory of Hygiene will be hard-pressed to keep up with that extra work before it can do its main job — fingerprinting the bugs, said deputy director Dr. Dave Warshauer.

Stay tuned: Research is beginning to look for solutions that one day might allow rapid and in-depth looks at food poisoning causes in the same test.

"As molecular techniques evolve, you may be able to get the information you want from non-culture techniques," Lieberman said.

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Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick

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New UC logo a no-go with students and alumni

University of California officials said they were trying to project a "forward-looking spirit" when they replaced the university system's ornate, tradition-clad logo with a sleek, modern one.

What they got was an online revolt complete with mocking memes, Twitter insults and a petition to restore the old logo. Students and alumni have taken to Facebook and Photoshop to express their displeasure, showing the new symbol ready to be flushed down a toilet and as a permanently stalled computer operating system. One critic suggested the controversial image be tattooed on its creators' foreheads as punishment.

UC campuses in the past have been the site of war protests, sit-ins against tuition hikes and Occupy camping demonstrations. This week, the schools are dealing with a unlikely debate about graphic design and whether the new logo demeans the university.

"To a generation all too familiar with circular, fading loading symbols, this is an attempt to be revolutionary. But it comes off as insensitive," Reaz Rahman, a 21-year-old UC Irvine senior who started the online petition, said of the UC's new logo. "To me, it didn't symbolize an institution of higher learning. It seemed like a marketing scheme to pull in money rather than represent the university."

UC officials were caught on the defensive. They emphasize that the traditional seal, with its "Let There Be Light" motto, a drawing of an open book and the 1868 date of UC's founding, is not being abandoned and still will be used on such things as diplomas and official letterhead. But they say that the 1910 seal is so ornate that it does not reproduce well for many Internet uses and that it is often confused with variations created by the 10 individual UC campuses. UC websites are now adorned with the new logo.

It was introduced with little fanfare about six months ago and is now being extended to more UC websites and publications. Officials said it is adaptable and will provide a unified image for fundraising, recruiting and public affairs campaigns.

"We want to convey that this is an iconic place that makes a difference to California and that there is a UC system," said Jason Simon, the UC system's director of marketing communication.

In various colors, it shows a large U that echoes the shape of the old seal's book and contains an interior C at the bottom. The words "University of California" are on its right, and Simon complained that critics usually don't include that text in their depictions of the logo.

Simon said UC has received much favorable feedback about the logo, which was developed by an in-house team of designers. There are no plans to immediately change it in response to the protests, but he suggested that the symbol might evolve over time.

Marketing and design experts said emotional responses are common when institutions change their marketing images. For example, over the past few years, changes in the logos for Tropicana Pure Premium orange juice and the Gap clothing chain triggered consumer protests and the companies then restored the original.

Drastic changes in long-time logos disrupt "a sense of connection," explained Kali Nikitas, chairwoman of the graduate program in graphic design at the Otis College of Art and Design in Los Angeles. "It's as if you show up at the same coffee shop for years and they start serving you a different coffee. Your routine is broken," she said. And at colleges and universities, reactions can be particularly powerful, she added, "since people really love tradition and legacy at their alma mater. They are really passionate about where they go to school and view it as the cornerstone of their lives."

The older UC logo, she said, conveys a sense of stability while the new one looks "incredibly progressive." She said that people probably will come to accept the new one and "in five years, no one will care."

Such debates have reached college campuses because schools are looking for ways to better compete for donations and applicants, said Petrula Vrontikis, a graphic design professor and branding expert at the Art Center College of Design in Pasadena. "It is much more about brand differentiation," she said, noting that many of the old college seals looked too much alike. UC has shifted dramatically, she said, "from an institutional look to a marketing look that is young-skewed and vibrant."

But some young people rejected it with online mockery and slashing comments, similar to the ways they reacted to last year's pepper-spraying of student demonstrators by UC Davis police.

"New UC logo is an abomination," wrote one Twitter-user "Back to the drawing board." Another tweeted that "Whoever signed off on this UC logo should be forced to have it tattooed on their forehead for life."

David Bocarsly, UCLA student body president, attributed some of the unusual attention to exam period procrastination.

"During finals week, you have more people on their computers than ever looking for something to do other than study," said Bocarsly, a senior.

Tomo Hirai, a 24-year-old UC Davis graduate, thought the new UC logo looked like "a loading logo" for a computer operating system such as Windows or Mac.

"It cheapened the entire UC System," Hirai said. "That's not what you do to 144 years of history."

So about 30 minutes on Adobe Photoshop was all it took for Hirai to create a logo with the C endlessly circling.

This past weekend, after Hirai shared his modified logo with the world, he said he received a letter from the UC Davis alumni association seeking a donation.

"I'm not paying them a single penny," he said, adding that the logo debacle was the "bitter icing on the cake."

larry.gordon@latimes.com

matt.stevens@latimes.com

Times staff writer Samantha Schaefer contributed to this report.

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Iran Has Rosy View of Unrest in Syria

TEHRAN — When Syria’s agricultural minister, Subhi Ahmad al-Abdullah, arrived in the Iranian capital for a visit last week, everybody involved stuck to a well-worn script.

There were welcoming ceremonies, handshakes in front of cameras and tête-à-têtes on rococo chairs. Stern-faced Iranian and Syrian officials discussed “expanding economic and agricultural ties” and signed a contract for the joint production of a vaccine for foot-and-mouth disease.

The unrest in Syria did not go unmentioned in the meetings, which were widely reported by Iranian state media. Iran’s vice president, Mohammad-Reza Rahimi, said Iran was confident of victory for the Syrian government forces, who, he said, were engaged in “sporadic fights with terrorists sent by regional countries.”

The upbeat ceremonies surrounding Mr. Abdullah’s visit illustrate how Iranian leaders perceive the bloody conflict that has engulfed their main ally in the Arabic world. While former Iranian diplomats, academics and analysts increasingly warn that President Bashar al-Assad’s government is on the brink of collapse, the country’s highest leaders insist the conflict is manageable and ultimately will be resolved to Iran’s advantage.

“We say that Bashar al-Assad, or at least his government, is the safest bet for stability and security in Syria,” said Amir Mohebbian, a political analyst whose views are sometimes published on the Web site of Iran’s supreme leader, Ayatollah Ali Khamenei. “If the foreign mercenaries take over, there will be a blood bath in Syria.”

Endless news broadcasts by Iran’s state television offer an ideological narrative in which Saudi Arabia and Qatar are doing the bidding of the United States and Israel, helping to arm foreign “terrorists” and sending them into Syria to punish it for having opposed Israel. War crimes committed by Syrian forces go unreported.

“Clearly, there is no real alternative for al-Assad and his government in Syria,” Mr. Mohebbian said. “They have agreed to reforms; there will be a multiparty system in Syria. So foreign countries should stop arming terrorists and let the Syrian people decide their own future.”

Some former diplomats, analysts and academics disagree with the blind support of Syria’s government. But they have little, if any, influence on Iran’s policy makers, who are mostly rigid ideologues.

“The Syrian Army is on the brink of complete collapse, and the downfall of al-Assad is inevitable,” Ebrahim Yazdi, a former foreign minister who is a member of the opposition, wrote Saturday in the newspaper Etemaad, which is critical of Iran’s government. “Syria’s leaders respond to reforms with bloody crackdowns. Their future is very bleak.”

Mashallah Shamsolvaezin, a Middle East analyst who has been imprisoned for his involvement in Iran’s opposition movement, echoed that view. “In reality, Syria will be in turmoil for years to come,” he said. “There will be nothing left of our anti-Israel front.”

Iran has organized two conferences for what it calls the “genuine” Syrian opposition, pushing for modest political changes, followed by nationwide presidential elections in 2014, as the only solution to stop the fighting.

Off the record, Iranian officials sometimes hint that Mr. Assad, as a symbol, could be sacrificed in Iran’s future vision for the country. But they insist that his political and security apparatus should remain in power, continuing to lead Syria as a regional spear against Iran’s archnemesis, Israel.

“We are seeking a peaceful solution in which the Syrian government implements reforms,” said Hamidreza Taraghi, a politician who is close to Iran’s leaders. “But whatever the cost, we want to keep Syria in the group of resistance against Israel.”

Mr. Taraghi, who recently led an Iranian delegation to North Korea and met with the country’s leader, Kim Jong-un, said that Iran was willing to do “whatever it takes” to keep Syria as an ally. He said the Syrian government had not yet asked Iran for military help, but if that happened Iran would be compelled by its treaty with Syria to step in.

Ramtin Rastin contributed reporting.

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HTC still tripping Samsung up in Windows Phone race

It is not clear that Samsung (005930) even cares — but HTC (2498) continues outmaneuvering its far bigger rival when it comes to Windows Phones. The budget HTC Windows Phone 8S is no available from UK operator Three starting at the notably low £17 per month contract price. This is about half of what the monthly contract price of Samsung’s ATIV S Windows Phone model is expected to cost in the UK. Once it finally arrives. Possibly during the last week of the year. There is no firm word on when ATIV S might arrive on AT&T (T) and Verizon (VZ) at this point.

So not only did Samsung miss the U.S. and European Christmas sales seasons completely with its first Windows Phone 8 device, HTC actually managed to get both the high-end Windows Phone 8X and the budget 8S out before Christmas in some key markets. And Three now actually seems to be giving robust marketing support for HTC’s Windows Phone devices. They are featured prominently on the website and 8X buyers get a free Windows Pro upgrade for their PCs.

It is worth noting that the Windows Phone 8S looks very competitive in the UK prepaid market with a £180 price tag at Three. The Samsung Galaxy S Advance  is £270 and Nokia’s (NOK) Lumia 710 is £200.

HTC recently started looking like Jessica Biel — too bland and too expensive — but with the 8S, it might be getting some of its European budget groove back. It is now starting to look like the November sales momentum HTC just showed will extend to December.

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Tim McGraw and Faith Hill Kick Off Special Series of Las Vegas Shows

By Mark Gray

12/09/2012 at 05:00 PM EST

Tim McGraw and Faith Hill

Denise Truscello/WireImage

Tim McGraw and Faith Hill looked at each other, their hands on each others knees and shared a passionate kiss just after midnight Sunday morning.

The moment was a long time coming – it capped off their first weekend as a Las Vegas headlining act.

Earlier in the 90 minute show, McGraw told the crowd at the Venetian that he and his wife were going to "have fun tonight" and it genuinely seemed like they did, singing with each other for several songs while still letting the other perform their solo hits. Though the show – called the Soul2Soul series – is technically not the same "residency" show Las Vegas is known for, the couple will perform for 10 weekends through April.

At a press conference several months ago, McGraw and Hill promised a "personal" show, and they delivered in a big way. In fact, it got very personal as McGraw complimented his wife on her flowing black dress, saying, "It's gonna look good on the floor later."

The duo also took a moment to sit down and speak with the crowd. Though they didn't field any questions, they spoke about the most common questions they get asked. "We always get asked what was the music we heard first, who influenced us," Hill said.

Rather than answer it, the duo then sing a few of their main influences – Hill sang George Strait; McGraw sang The Eagles.

"I love doing other people's music, better than my own," McGraw joked.

With few bells and whistles, the show puts the focus squarely on it's two superstars, and considering the rousing ovations McGraw and Hill received Saturday, that's perfectly fine with their fans.

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Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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