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Friday, January 4, 2013

Clinton soars, Palin plummets in most-admired survey

Secretary of State Hillary Clinton sets a record in Gallup’s annual most-admired survey, while Sarah Palin falls farther off the popularity radar.
800px-Defense.gov_News_Photo_100406-D-7203C-002Gallup has run its most-admired man and woman survey since World War II, and in the 2012 edition, Clinton and President Barack Obama kept their top positions among those asked a simple question: “What man that you have heard or read about, living today in any part of the world, do you admire most? And who is your second choice?”
Link: Read the survey Clinton was named as most-admired woman for the 17th time since she became a national figure in 1992. Eleanor Roosevelt held the previous record when she was named 13 times as the most-admired woman. The only two women to finish ahead of Clinton in that 20-year period were Mother Teresa (twice) and Laura Bush (once).
Obama was named most-admired man for the fifth time. President Dwight Eisenhower was named 12 times in the survey as most admired. Palin came within one percentage point of matching Hillary Clinton in 2009, when she had 15 percent of the polling, compared with 16 percent for Clinton. In 2012, Palin had just 2 percent of the polling, finishing in a fifth-place tie. Clinton had 21 percent, followed by First Lady Michelle Obama, Oprah Winfrey, and Condoleezza Rice.
President Barack Obama had 30 percent of the polling for men, followed by Nelson Mandela, Mitt Romney, the Reverend Billy Graham, George W. Bush, and Pope Benedict XVI. The pollsters at Gallup say it’s not unusual for the current president to be named as most-admired man. But in the past, Pope John Paul II, Henry Kissinger, and then-former president Eisenhower were picked over sitting presidents.
With the exception of Mother Teresa, the eight most popular women in the poll since 1946 have had political connections. Margaret Thatcher and Jacqueline Kennedy won a combined 11 times. The Reverend Billy Graham has appeared in the top 10 list a staggering 56 times, with Ronald Reagan second with 31 appearances. Queen Elizabeth II has been in the top 10 list 46 times. However, neither Graham nor the queen were ever named first in the poll.
Among the names from the 2011 top 10 list that didn’t make it in the following year are Angeline Jolie, Warren Buffett, Donald Trump, Bill Gates, Laura Bush, Ellen DeGeneres, and Michele Bachmann.

Judge: Law won't protect unmarried victims in rape

LOS ANGELES (AP) — A California appeals court overturned the rape conviction of a man who authorities say pretended to be a sleeping woman's boyfriend before initiating intercourse, ruling that an arcane law from 1872 doesn't protect unmarried women in such cases.
A panel of judges reversed the trial court's conviction of Julio Morales and remanded it for retrial, in a decision posted Wednesday from the Los Angeles-based court.
Morales had been sentenced to three years in state prison. He was accused of entering a woman's bedroom late one night after her boyfriend had gone home and initiating sexual intercourse while she was asleep, after a night of drinking.
The victim said her boyfriend was in the room when she fell asleep, and they'd decided against having sex that night because he didn't have a condom and he had to be somewhere early the next day.
Morales pretended to be her boyfriend in the darkened room, and it wasn't until a ray of light from outside the room flashed across his face that she realized he wasn't her boyfriend, according to prosecutors.
"Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes," Judge Thomas L. Willhite Jr. wrote in the court's decision.
The appeals court added that prosecutors argued two theories, and it was unclear if the jury convicted Morales because the defendant tricked the victim or because sex with a sleeping person is defined as rape by law.
The court said the case should be retried to ensure the jury's conviction is supported by the latter argument.
The decision also urges the Legislature to examine the law, which was first written in response to cases in England that concluded fraudulent impersonation to have sex wasn't rape because the victim would consent, even if they were being tricked into thinking the perpetrator was their husband.
Willhite noted that the law has been applied inconsistently over the years in California.
In 2010, a similar law in Idaho prevented an unmarried woman from pressing rape charges after being tricked into sex with a stranger by her then-boyfriend.
The judge called what happened "despicable" but said the state's law left the court with no choice. Idaho's law was amended to cover all women in 2011.
Morales' attorney Edward Schulman declined comment when reached by phone Thursday.
Prior to the conviction, Schulman had argued Morales believed the sex was consensual because the victim responded to his kisses and caresses, according to the decision.

Former Boy Scout safety director freed from federal prison

Douglas Sovereign Smith Jr., a former national Scout executive, was released from federal prison after nearly seven years behind bars. (Court file)
DALLAS - The Boy Scouts of America have banned thousands of pedophiles and other undesirables from working as volunteers.
But one name on their rejection list stands out: Douglas Sovereign Smith Jr. The BSA’s former national director for youth protection was released from prison last week after serving nearly seven years behind bars.
He was in charge of Scout safety programs in 2005 when police discovered hundreds of images of child pornography and videos on his home computer. Some included prepubescent boys exposing themselves and engaging in sexual acts.
“Heart-wrenching and gut-tearing,” a prosecutor said at the time.
Smith reenters public life at a time when the Scouts are being heavily scrutinized for their past handling of alleged child sex abuse at the hands of staff and troop leaders.
None of Smith’s 520 photos were of Scouts and he was never accused of molesting children, but his case is a disturbing reminder that people in positions of power can lead double lives that put children at enormous risk.
“It certainly shows that the people supervising him didn’t have their eyes wide open,” said Patrick Boyle, author of "Scout's Honor: Sexual Abuse in America's Most Trusted Institution."
An Eagle Scout who spent 39 years rising through the ranks as a BSA employee, is now a registered sex offender and must report to a probation officer for life. The 69-year-old grandfather can’t access the Internet or possess a smartphone or camera.
While hardly a completely free man, he doesn’t leave prison empty-handed either.
According to a videotaped court deposition he gave while in prison, Smith said that he submitted his retirement letter as soon as his house was raided in 2005, making him eligible for the Boy Scouts’ pension and medical benefits.
“Are you kidding me? That’s absurd,” said John Buckland, a Scout who was molested by his troop leader in 1984. “We’ve got to basically beg them to take care of therapy. That’s crazy.”
Spokesman Deron Smith said the 103-year-old organization has established a toll-free number and email address for Scouts and their families who suffered past abuse by a Scout leader or adult volunteer and that money is available for counseling, with specifics decided on a case-by-case basis.
The Scouts declined to discuss Smith’s employment or ongoing benefits package. Nor would they comment on his criminal case or allow Yahoo News to see their confidential file on him.
“Because this is a personnel matter we can't discuss the details,” spokesman Deron Smith said in an email. “But I can say at the time of his arrest, Mr. Smith was permanently removed from the Scouting program.”
An attorney familiar with employment laws said denying Smith’s pension and benefits would violate the federal Employee Retirement Income Security Act.
“They are very strict in protecting employee rights to what has been paid in,” said Rogge Dunn, a veteran Dallas attorney. “Having committed certain crimes is one of those things that the statute doesn’t address, but should probably be addressed in the future.”
This past October, against the Scouts’ wishes, 14,500 pages of the organization’s confidential ineligible volunteer files from 1965 to 1985 were made public. Since then, reporters and attorneys have been scouring the more than 1,200 alleged predators in the files. The findings are horrific: Some alleged abusers were allowed to resign quietly, while others were merely put on membership probation, where they were able to violate children again.
“Unfortunately child sex abuse, of any kind, is a societal problem that we must all be concerned with which is why we have continuously enhanced our multi-tiered Youth Protection policies and procedures to ensure we are in line with and, where possible, ahead of society’s knowledge of abuse and best practices for prevention,” the spokesman wrote in his email.
Ironically, Smith himself reported suspected bad seeds to the confidential files when he led councils in Ohio, Illinois, Michigan and Oregon before being promoted in 1996 to the national office in Texas.
Smith’s fall from BSA safety educator to federal inmate is baffling.
“I didn’t begin by seeking it,” Smith said of his porn addiction at his sentencing. “But I eventually accepted it in emails and sent it on to others.”
While Smith did not return calls from Yahoo News, his wife, Judith Smith, told us that her husband was a respected and model inmate. “He’s been running the 12-step programs in the prison for sex offenders,” she said two days before his release.
Boyle, who also researches and writes about youth issues for a national advocacy group, said he’s hopeful that Smith’s prison sentence has given him time to reflect and better understand his actions.
“I’ve talked to a couple of guys in scouting who did not recognize their attraction to children until they were Scout leaders and that they had an issue,” Boyle said. “[Smith] may know more now having reflected on it than he did in the past.”
The Scouts acknowledged that Smith is likely the only person on their so-called perversion files who is also still on the payroll.
“The Boy Scouts are going to pay a convicted felon a full retirement, but not reimburse people who have been abused at the hands of their Scout leaders?” said Buckland, who cannot sue for his 1984 abuse because of California's strict statute of limitations for filing. His lawyer is still negotiating reimbursement for years of therapy.
Smith, whose sentence included a $20,000 fine payable to the federal court, now resides in a new home just off the 10th hole of a golf course in an exclusive, gated North Texas community.
“He’s done his time,” his wife said.
Asked if she had forgiven her husband, Judith Smith replied: “If you look at the 12-step program, we have to realize that they are sick people, not bad people. It is an illness. You have to come face to face with it and get over it.”

Did Microsoft Just Announce the Next Xbox with a Countdown? Probably.

Go countdowns, saving marketing departments untold piles of cash! Microsoft’s Larry Hryb, colloquially known by his Xbox LIVE handle “Major Nelson,” just threw one up on his blog, and it’s causing precisely the sort of speculative stir the company doubtless intended.
“And it’s on…” reads the ultra-austere post, followed by a simple Flash-based timer titled “Counting down to E3 2013″ (cribbed from a generic countdown-building site).
“O rly?” as a certain memetic predator might say.
I won’t speculate past the probability of the new console itself — everything I’ve noticed about specs and pricing amounts to echo chamber gossip. If you’d rather just goof around, hop on over to NeoGAF, where gamers go mostly to make fun of each other (and everything between), and you’ll find a rollicking thread full of cracks, quips, the usual goofy/creepy animated GIFs and occasional chants of “Let’s go, Durango” (“Durango” is supposedly what the next Xbox’s development kits are codenamed).
Could the countdown be to anything but the next Xbox? At this point, much as I’d like to see Microsoft wait another year or two before introducing new hardware to give developers more time to do amazing things with the Xbox 360′s more than competent internals, and as gimmicky as countdowns are, this one’s punchline feels inexorable.
Besides, imagine the disappointment in five months if it turned out to be simply a new franchise, the next Halo or heaven forbid, a standalone “Kinect 2.”

RIM unveils a new BlackBerry phone! (But it’s only a Curve for T-Mobile running BlackBerry 7)

BlackBerry Curve 9315 Release Date
BlackBerry Curve 9315
Research In Motion (RIMM) on Thursday took the wraps off a brand new BlackBerry smartphone — but it’s not the kind of smartphone BlackBerry fans have been waiting more than a year for. Instead, it’s a low-end BlackBerry Curve 9315 that will launch later this month on T-Mobile. The phone features the BlackBerry 7.1 operating system, a 3.2-megapixel camera, microSD memory expansion and a full QWERTY keyboard, and it will launch on January 23rd… just seven days before RIM unveils its first BlackBerry 10 phones. Pre-sales for the Curve 9315 begin on January 16th and the phone will cost $49.99 out of pocket plus a $10 payment each month as part of Equipment Installment Plan. T-Mobile’s full press release follows below.
[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]
BlackBerry Curve 9315 Smartphone Introduced By T-Mobile and RIM
[More from BGR: RIM teases BlackBerry 10 launch with image of first BB10 smartphone]
T-Mobile’s most affordable BlackBerry smartphone provides productivity tools and features to keep customers connected
BELLEVUE, Wash. and WATERLOO, ON – Jan. 3, 2013 – T-Mobile USA, Inc. and Research In Motion (RIM) (NASDAQ: RIMM; TSX: RIM) today announced the most affordable BlackBerry® smartphone on T-Mobile’s nationwide network – the BlackBerry® Curve 9315. Powered by the BlackBerry® 7.1 operating system with 3G connectivity, the sleek new smartphone is easy-to-use and provides tools that enable customers to stay connected to the people and information that matter most.
“At T-Mobile, our goal is to delight customers. The new BlackBerry Curve 9315 will delight customers with unprecedented value while also allowing them to combine their mobile business and personal use in one great device,” said Brad Duea, senior vice president of product management at T-Mobile. “The Curve 9315 is the most affordable BlackBerry smartphone on our nationwide network and provides our customers with a wide variety of productivity and social features to keep them connected and make their mobile lives easier.”
“We’re pleased to work with T-Mobile to bring the BlackBerry Curve 9315 to customers,” said Richard Piasentin, managing director for the U.S. at Research In Motion. “The Curve 9315 is designed to make it incredibly easy to stay connected with friends, family and coworkers and will be popular with customers upgrading to a smartphone for the first time, as well as existing Curve customers looking for a step up in speed and functionality.”
Combining an intuitive interface with a QWERTY keyboard, the BlackBerry Curve 9315 features built-in Wi-Fi® connectivity for voice and data, enabling customers to access the information they need when and where they need it, and Wi-Fi calling, allowing calls and messages over an available Wi-Fi network. With a dedicated BlackBerry® Messenger (BBM™) key, preloaded apps for Facebook® and Twitter® and the Social Feeds 2.0 app, customers can easily interact with their friends, coworkers and social networks whether it’s instant messaging, posting or tweeting.
The new BlackBerry Curve 9315 offers a 3.2-megapixel camera with LED flash and digital zoom as well as video recording capabilities. Customers also have the ability to geo-tag the location of their pictures by utilizing the smartphone’s built-in GPS. In addition, the smartphone features a microSD card slot for up to 32GB of additional media storage and a built-in FM radio letting customers tune in to local FM stations. With the BlackBerry App World™ storefront, customers have exclusive access to a wide range of apps, allowing them to enhance their smartphone experience with entertainment, personalization and productivity apps of their choosing.
The BlackBerry Curve 9315 will be available in an exclusive pre-sale for T-Mobile business customers beginning January 16 and is expected to be available in T-Mobile retail stores, via http://www.T-Mobile.com, and with select dealers and national retailers beginning January 23, 2013. For well-qualified customers, the Curve 9315 will require a $49.99 out-of-pocket down payment and 20 equal monthly payments of $10 per month via T-Mobile’s Equipment Installment Plan (EIP)1, with a two-year service agreement and qualifying T-Mobile Value voice and data plan. Customers may also purchase the Curve 9315 for $49.99 after a $50 mail-in rebate card, with a two-year service agreement and qualifying T-Mobile Classic voice and data plan.2