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    <pubDate>Sun, 19 May 2013 22:49:04 -0400</pubDate>
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              <item>
      <title>Supreme Court sides with Monsanto in major patent case</title>
      <pubDate>Tue, 14 May 2013 05:42:32 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=edc_1368524402</link>
      <dc:creator>Baldrick</dc:creator>
      <description>Indiana farmer's effort to replicate soybeans that are resistant to weed killer is determined to be a patent infringement.

 

WASHINGTON -- The Supreme Court usually isn't friendly toward 
questionable patents, but it came down overwhelmingly on the side of 
agribusiness giant Monsanto Monday in a case that's bound to resonate 
throughout the biotechnology industry.The court ruled unanimously
 that an Indiana farmer violated Monsanto's patent on genetically 
modified soybeans when he culled some from a grain elevator and used 
them to replant his own crop in future years.&quot;If simple copying 
were a protected use, a patent would plummet in value after the first 
sale of the first item containing the invention,&quot; Justice Elena Kagan 
ruled in a short 10-page opinion. &quot;The undiluted patent monopoly, it 
might be said, would extend not for 20 years as the Patent Act promises,
 but for only one transaction. And that would result in less incentive 
for innovation than Congress wanted.&quot; Who it helps:  Inventors
 and entrepreneurs who have patents on products that can be 
self-replicated, from computer software to cell lines. While Kagan's 
decision is limited to the Monsanto case, it bolsters the argument that 
self-replicating products can be protected from patent infringement even
 if their challengers go through third parties. Who it hurts: 
 Consumers paying high prices. The Center for Food Safety released a 
report in February that showed three corporations control much of the 
global commercial seed market. It found that from 1995-2011, the average
 cost to plant 1 acre of soybeans rose 325%. What's to come: 
 Still pending is a decision on whether human genes can be patented. 
That case tests a company's patent on the genes that can identify an 
increased risk of breast and ovarian cancer. During oral arguments in 
April, the justices seemed far more skeptical of the merits of that 
patent.Monsanto's soybeans represent the cream of the crop 
because they are resistant to the weed killer Roundup. Farmers must pay 
Monsanto's price to plant the beans themselves.That's not what 
Indiana farmer Vernon Hugh Bowman did. After one year of going through 
Monsanto, he bought his second crop from a grain elevator. Then he used 
his own soybeans that resisted Roundup in future years -- in essence, 
the court said, making copies of a patented invention.Bowman's 
attorney, Mark Walters, had argued that the Monsanto seeds were acquired
 innocently enough from the grain elevator, and that Bowman's little 
operation never would threaten the company's monopoly.Two lower 
federal courts weren't impressed with Bowman's case, ruling in favor of 
Monsanto. And that argument carried little weight with the justices when
 the case was argued in February. They noted that Monsanto had spent 
hundreds of millions of dollars over more than a decade to perfect its 
soybeans -- something it would not have done if others could so easily 
replicate them.Bowman contended the soybeans were &quot;self-replicating,&quot; but Kagan said that &quot;blame-the-bean defense&quot; wasn't worthy.

&quot;Bowman
 was not a passive observer of his soybeans' multiplication,&quot; she said. 
&quot;Or, put another way, the seeds he purchased, miraculous though they 
might be in other respects, did not spontaneously create eight 
successive soybean crops.&quot;It was Bowman, and not the bean, who 
controlled the reproduction (unto the eighth generation) of Monsanto's 
patented invention,&quot; Kagan said.Monsanto officials applauded the decision, not just for the company but for innovators of all shapes and sizes.

&quot;The
 court's ruling today ensures that longstanding principles of patent law
 apply to breakthrough 21st century technologies that are central to 
meeting the growing demands of our planet and its people,&quot; said David F.
 Snively, the company's executive vice president. &quot;The ruling also 
provides assurance to all inventors throughout the public and private 
sectors that they can and should continue to invest in innovation that 
feeds people, improves lives, creates jobs, and allows America to keep 
its competitive edge.&quot; Jim Greenwood, president of the 
Biotechnology Industry Organization, said the ruling will benefit all 
forms of biotechnology, &quot;as well as the patients, farmers and consumers 
who benefit from biotechnology's help in healing, feeding and fueling 
the world.&quot; But Center for Food Safety executive director Andrew 
Kimbrell called the ruling a setback for farmers. &quot;The court chose to 
protect Monsanto over farmers,&quot; he said. &quot;The court's ruling is contrary
 to logic and to agronomics, because it improperly attributes seeds' 
reproduction to farmers, rather than nature.&quot;Fordham University 
School of Law professor Mark Patterson noted the decision stops short of
 determining how self-reproducing inventions should be handled in all 
cases. &quot;Justice Kagan, in the last paragraph of the opinion, 
noted that 'such inventions are becoming ever more prevalent, complex, 
and diverse,'&quot; Patterson said. &quot;Either the court or Congress will have 
to address them again soon.&quot;


Source:http://www.usatoday.com/story/news/nation/2013/05/13/monsanto-patent-grain-biotechnology-soybeans-supreme-court/2116333/</description>
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                    <item>
      <title>Proposed bill would re-train police on handling dog encounters</title>
      <pubDate>Wed, 03 Apr 2013 19:45:10 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=b81_1365032438</link>
      <dc:creator>SAPD_HRT</dc:creator>
      <description>KDEN



(I wish this type of bill was nation wide)



Scar was an 8-year-old bulldog mix who was fatally shot by a police officer pursuing a suspect, even though witnesses said he never left his yard and was not barking or growling.



Kupa was a service dog who was shot and killed while a sheriff's deputy was responding to a welfare check on her owner.



And Ava was a German shepherd who had a rawhide treat in her mouth and was turning toward her summoning owner when she was fatally shot by an officer responding to a call.



Dog lovers concerned about recent cases where law enforcement fatally shot people's pets are lobbying Colorado lawmakers on a bill Wednesday that would require new training for law enforcement on how to handle canine encounters in the line of duty, a legislative idea that appears to be unique in the country.



Several dozen dog owners rallied outside the Capitol before the bill is heard in an afternoon hearing at the Senate Judiciary Committee. Some held signs that read, &quot;Officer, please don't kill me,&quot; with an accompanying picture of a dog. The bill specifically cites canines shot by law enforcement in Colorado, including Scar, Kupa, and Ava.



&quot;I believe that Coloradoans deeply love their dogs and really want us to work hard here at the Capitol to make sure that their dogs are protected,&quot; said Republican Sen. David Balmer, a sponsor of the bill. &quot;I should say our dogs are protected. I've got three dogs myself.&quot;



The proposal would require sheriff and police departments to train deputies and officers on how to recognize dog behaviors and employ nonlethal methods to control them when necessary. The legislation would also direct law enforcement to implement procedures to allow dog owners the option to control or remove their dogs during a non-violent call.



However, the bill also creates exemptions for law enforcement to exercise discretion during calls, taking into account their safety and the safety of others in dealing with dogs. Sheriff's deputies assigned to courts or jails are also exempted from the training, as are code enforcement officers.



Balmer said most of the time law enforcement handles situations with dogs correctly, but additional training on canine behaviors could reduce shootings. In the examples cited in the bill, the legislation sponsors say there were questions about whether the dogs actually posed a threat.



The County Sheriffs of Colorado worked on - and support - the legislation.



&quot;We just wanted to be part of the process. We think our voices were heard,&quot; said Chris Olson, the executive director of the group.



Balmer said the Colorado Association of Chiefs of Police is not taking a stance on the bill, but they're not opposing it. They also helped craft the legislation to make sure any concerns were addressed, he said.



Greenwood Village Police Chief John Jackson, who speaks on behalf of the chiefs of police on legislative matters, did not immediately return a call.



The Arvada Police Department in suburban Denver has been training police to recognize different dog behaviors, and the program was recently expanded to include all officers, said Jill McGranahan, a spokeswoman.



Darrel Stephens, the executive director of the Major Cities Chiefs Association, said he's unaware of any state or local government with laws or ordinances requiring training for law enforcement on how to handle dog encounters.



&quot;Unfortunately police officers do shoot dogs from time to time when they feel threatened by a vicious or aggressive dog,&quot; Stephens said. He said that in his experience, dog shootings are rare.



&quot;When they do occur, it is difficult for pet owners to see the circumstances in the same way an officer sees them - understandably they do not see their pet as being aggressive and potentially harmful to an officer,&quot; he said. &quot;It is also difficult for the officers.&quot;



Supporters of the bill say it can make a difference.</description>
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        <media:title>Proposed bill would re-train police on handling dog encounters</media:title>
        <media:category label="Tags">Bill, Police, Training</media:category>
      </media:content>
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                    <item>
      <title>Second Laptop Stolen From Israeli Nuclear Chief</title>
      <pubDate>Tue, 05 Mar 2013 15:05:15 -0500</pubDate>
      <link>http://www.liveleak.com/view?i=f7d_1362513618</link>
      <dc:creator>OnlyLiarsBlock</dc:creator>
      <description>http://www.guardian.co.uk/world/2013/feb/27/laptop-stolen-israeli-nuclear-chief
Atomic Energy Commission says there was no sensitive material on computer stolen from home of Shaul Horev

 
  
Phoebe Greenwood in Tel Aviv guardian.co.uk, Wednesday 27 February 2013 11.33 EST  To have one laptop stolen might be considered a misfortune, but to have two stolen could look like carelessness, especially when you're the head of  Israel 's nuclear programme.

News of the theft from Shaul Horev's family home in Beit Yitzhak was kept from the Israeli public on Monday by a military censor and a gagging order requested by the police.

The gag was partially lifted on Tuesday with a statement from Horev's office confirming he had been the victim of a burglary. His wallet, a &quot;communication device&quot; and various documents were also reported to have been taken.

As head of Israel's Atomic Energy Commission (AEC), Horev is in charge of Israel's nuclear policy and answers directly to the prime minister, Binyamin Netanyahu.

He has the highest-level security clearance, allowing him free access to Israel's most tightly guarded secrets, including Mossad intelligence on Iran's nuclear programme. The AEC's statement said there was no sensitive material on the stolen computer.

It is the second time a laptop has been stolen from Horev since he took over at the AEC. He has bodyguards, and the home he shares with his wife and two daughters is monitored by CCTV, but unlike government ministers he does not have additional home security.

Israel's Haaretz newspaper reported police observations of the crime scene. &quot;His home did not appear ransacked as would be expected in a criminal break-in,&quot; it said. &quot;Also, in the previous break-in a computer was stolen, about which it's not known whether it was merely for his personal or business or included data he used in his work.&quot;

The blogger Richard Silverstein pointed out the irony that Israel had previously claimed to have obtained secrets about Iran's nuclear programme from a stolen laptop which it used as evidence of Iran's ambitions for nuclear weapons - claims now widely believed to be untrue.

Matthew Fuhrmann, a Stanton nuclear security fellow, suggested Horev may have been the victim of espionage. &quot;International agencies frequently try to steal information from phones and laptops, particularly from the hotel rooms of officials while they are travelling abroad. Israel in particular is known to have done this,&quot; he said.

&quot;I am sceptical that there will be major state secrets on a laptop that has been allowed to leave the AEC, but in the case of the AEC chairman I'm not sure. Certainly this theft will not be welcome news to Israel.&quot;</description>
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        <media:title>Second Laptop Stolen From Israeli Nuclear Chief</media:title>
        <media:category label="Tags">israel, nuclear, laptop, stolen, shaul horev, wallet, documents, theft, robbed</media:category>
      </media:content>
    </item>
                    <item>
      <title>Chief wants &lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt; cop fired</title>
      <pubDate>Fri, 15 Jul 2011 00:37:50 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=eea_1310703761</link>
      <dc:creator>VicRoque</dc:creator>
      <description>Published : Tuesday, 12 Jul 2011
Source:  http://www.wishtv.com 



 


GREENWOOD, Ind. ( Daily Journal ) - The Greenwood police chief is calling for one of his officers to be fired, after he says the officer handcuffed and used a stun gun on someone while off-duty, 24-Hour News 8's news partner, the Daily Journal , reports.

Greenwood Officer Don Davis was suspended without pay in June for breaking department rules, though the officer's attorney says David didn't do anything that would break department rules.

The incident with Davis happened at a Greenwood apartment complex, where Davis works part-time. The chief said the incident - along with a previous issue with Davis being disrespectful to the public - is grounds for him to be fired.

Greenwood's police merit commission will decide on any disciplinary action against Davis in an August hearing.</description>
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        <media:title>Chief wants &lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt; cop fired</media:title>
        <media:category label="Tags">GREENWOOD, www.dailyjournal.net, www.injusticeeverywhere.com, copblock.org, cop block</media:category>
      </media:content>
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                    <item>
      <title>United We Stand - &quot;God Bless The U.S.A.&quot; by Lee &lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt;</title>
      <pubDate>Mon, 04 Jul 2011 17:02:23 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=859_1309813079</link>
      <dc:creator>star53</dc:creator>
      <description>by Lee Greenwood</description>
      <guid>http://www.liveleak.com/view?i=859_1309813079</guid>
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        <media:title>United We Stand - &quot;God Bless The U.S.A.&quot; by Lee &lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt;</media:title>
        <media:category label="Tags">Lee Greenwood, singer,song,writer,God Bless The U.S.A.,United We Stand</media:category>
      </media:content>
    </item>
                    <item>
      <title>MSNBC's Obama-Animal Ed Schultz Hates Lee &lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt;'s Patriotic Song 'GOD Bless the USA'</title>
      <pubDate>Thu, 17 Jun 2010 19:48:55 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=68c_1276817907</link>
      <dc:creator>ObamaTheLeftistAnimal</dc:creator>
      <description>MSNBC's Obama-Animal Ed Schultz Hates Lee Greenwood's Patriotic Song 'GOD Bless the USA'</description>
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        <media:title>MSNBC's Obama-Animal Ed Schultz Hates Lee &lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt;'s Patriotic Song 'GOD Bless the USA'</media:title>
        <media:category label="Tags">MSNBC, Obama-Animal, Ed Schultz, Lee Greenwood, Patriotic Song, GOD Bless the USA</media:category>
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    </item>
                    <item>
      <title>&lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt; High School faces suit over prayer</title>
      <pubDate>Fri, 02 Apr 2010 13:59:05 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=b60_1270230271</link>
      <dc:creator>ss_cat</dc:creator>
      <description>A Greenwood High School honor student who learned in class about court rulings striking down school prayer has found a real-world application -- his own graduation ceremony.
Eric Workman's lawsuit, filed Thursday by the American Civil Liberties Union of Indiana, challenges the high school's practice of allowing seniors to vote on whether to have a student-led prayer at graduation.

ACLU attorney Ken Falk said allowing the vote and even having the prayer run afoul of U.S. Supreme Court rulings that found prayers at public school-sponsored events to violate the First Amendment.

&quot;This is particularly egregious when it's coming from a student who's going to be sitting on the stage,&quot; Falk said.
Workman, 18, is ranked first in his class, the lawsuit says. He declined to be interviewed, but Falk said Workman approached the ACLU because he found the practice troubling in light of what he's learned in government classes.
Greenwood Schools Superintendent David Edds said a student-approved prayer has been a long-standing feature at graduation.

Controversy over school prayer has faded from the forefront since the Supreme Court ruled 6-3 in 2000 that a Texas high school could not allow students to deliver prayers over the public address system at football games.
Eight years earlier, the Supreme Court held in a 5-4 decision that a public school could not offer a prayer at graduation.
Avon High School attracted attention in 2004 when it decided to forgo an invocation after the ACLU threatened a lawsuit.
The high court's decisions leave little wiggle room, but many schools have tried to accommodate prayer in other ways, often by allowing moments of silence.

According to the First Amendment Center at Vanderbilt University, some schools, particularly in the South, are treading in murkier waters by allowing students to elect graduation speakers who can address nearly any topic, including religion, as long as the students don't vote on whether to have a prayer.

In Greenwood's case, the vote was about a prayer. Edds said the lawsuit was a surprise to him and that the school's principal, Jim Kaylor, has not yet announced the outcome or whether a prayer would be included this year.

The lawsuit, filed in U.S. District Court in Indianapolis, says the prayer question was on a ballot about several issues that school staff passed out during a mandatory senior assembly in September.

Workman learned from an unnamed school employee that a majority of seniors had voted in favor of the prayer, the lawsuit says, though some students dissented.

&quot;Through this election scheme,&quot; the suit says, &quot;the defendants have established a forum, in the school itself, for religious debate and have subjected religious practice to a majority vote.&quot;
The lawsuit names the school district and the school's principal as defendants.
The Rev. Shan Rutherford, pastor of Greenwood Christian Church for more than three decades, said he disagrees with the proposition that such a prayer would violate a student's rights.
&quot;If I lived in a Muslim nation, a Hindu nation or anything else, I would expect to go along with the majority,&quot; Rutherford said. &quot;He's trying to go with minority rule. To me, that's wrong in a democracy, one that was founded on Christian principles.&quot;
&quot;If you don't agree, I don't think you should try to stop other people from exercising their rights.&quot;

Call Star reporter Jon Murray at (317) 444-2752.
IndyStar reporter Vic Ryckaert contributed to this story..</description>
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        <media:title>&lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt; High School faces suit over prayer</media:title>
        <media:category label="Tags">religion, speech, prayer in school, school, prayer, greenwood, high school, greenwood high school</media:category>
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                    <item>
      <title>MS GOP files suit against Leflore County (&lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt;) Election Commission</title>
      <pubDate>Tue, 09 Dec 2008 13:09:51 -0500</pubDate>
      <link>http://www.liveleak.com/view?i=8b3_1228845435</link>
      <dc:creator>olemisspatriot</dc:creator>
      <description>Not major news, but pretty cool since I was involved.
I uploaded an article about this after election day, but the upload kept effing up. Anyways, here's the latest developement.
Long story short, I was a poll watcher on election day in Leflore county mississippi and was watching the polls for Senators Cochran and Wicker. Both Republicans. I ended up with 5 pages of notes on innapropriate/illegal activity by other poll workers and I'm apparently now a main witness in the case (a lady from the MS attorney general's office also showed up and also had several pages of notes). 
Before anyone says anything about me trying to mess with people's voting, that is ridiculous. Im in college. I would have been perfectly happy playing brickbreaker on my phone all day had the rules not been violated from the moment I got there to pretty much the moment I left.
Also, this really has nothing to do with the presidential election. We knew McCain wasnt winning Leflore county MS. I was there to ensure that votes weren't taken from Sen. Wicker, whose race turned out to be one of the most important since the Dems are teetering on the edge of a supermajority.
Anyways, Im sure more is to come, I still have to appear as a witness in court I believe. Ill keep posting as stuff comes in.
--------------------------------------------------------



Mississippi Republicans filed suit against the Leflore County Election Commission and a Greenwood poll manager today, alleging inappropriate and illegal activities on Election Day.



Brad White, chairman of the state Republican Party, said poll watchers were not allowed to observe the Nov. 4 election there, while unauthorized observers loitered around polling locations.

The lawsuit also alleges that voters in Leflore County were improperly given instructions on how to vote and whom to vote for, and people who did not need or ask for help were accompanied while voting.

Edward Course, chairman of the county's election commission, said he had not heard about the lawsuit and could not comment. 

He described the county's election as &quot;extremely fair, according to the laws of the state of Mississippi.&quot;

White said the Republican Party filed suit on Election Day to stop the activities, but the court did not take action then. 

&quot;We're asking for the court to step in again to ensure that this never happens again,&quot; he said at a news conference. &quot;We want more teeth, basically .. by having a court order that mandates that the election officials in Leflore County must carry out these very election laws that .. anyone (who supports) open and honest elections would expect to be carried out.&quot;</description>
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        <media:title>MS GOP files suit against Leflore County (&lt;span class=&quot;highlight&quot;&gt;Greenwood&lt;/span&gt;) Election Commission</media:title>
        <media:category label="Tags">MS GOP election greenwood</media:category>
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                    <item>
      <title>US ANDREW LEE NASH CHARGED FOR RAPING PIGS</title>
      <pubDate>Sat, 24 Sep 2011 08:09:33 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=f06_1316865077</link>
      <dc:creator>Fatih Kaya</dc:creator>
      <description>osted: Monday, January 24, 2011 9:15 am  Updated: 9:13 am, Tue May 10, 2011.By Monica Land   19 comments Gave hogs vaginal infectionGREENWOOD - Authorities said a man who was caught having sex with show hogs will have his case presented to the Leflore County Grand Jury next month. Andrew Lee Nash, 52, was arrested on Dec. 3, 2010 after police set up surveillance cameras in the owner's stalls near U.S. Highway 82 and the Yazoo River.Greenwood Police Chief Henry Purnell said the hogs were examined by a local veterinarian, during a routine examination, and the owner was told that four of the hogs had a vaginal infection.&quot;The owner of the animals knew someone was messing with his animals,&quot; said Chief Investigator Huntley Nevels. &quot;And the veterinarian confirmed the sexual assault. So, the owner contacted police and the officers staked it out and caught him out there.&quot;Nash, who lives in the 700 block of Mississippi Avenue, was arrested at the scene and charged with 12 counts of unnatural intercourse.Nash's bond was initially set at $600,000, but later reduced to $60,000.Nash remains in custody at the Leflore County jail.Greenwood authorities said Nash's case is scheduled to be presented before the Leflore County Grand Jury next month. If Nash is indicted and found guilty, he faces up to 120 years in jail.</description>
      <guid>http://www.liveleak.com/view?i=f06_1316865077</guid>
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        <media:title>US ANDREW LEE NASH CHARGED FOR RAPING PIGS</media:title>
        <media:category label="Tags">andrew,lee,nash,charged,pig,rapist,america,greenwood,</media:category>
      </media:content>
    </item>
                    <item>
      <title>Our Country Needs You: sheep-vertising kicks off at Rugby World Cup</title>
      <pubDate>Thu, 08 Sep 2011 09:11:42 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=5d5_1315487404</link>
      <dc:creator>Mischief12345</dc:creator>
      <description>New Zealand farmers are being offered $1 (50p) per sheep by Betfair tospray the red cross of St George and messages of support on their flock so theybecome roadside signs of encouragement for England during the Rugby World Cup. England's 2003 World Cup winning centre Will Greenwood launched theinitiative - which has 200 sheep already signed up - with arecruitment video.</description>
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        <media:title>Our Country Needs You: sheep-vertising kicks off at Rugby World Cup</media:title>
        <media:category label="Tags">betfair, rugby, england, sheep, will greenwood, rugby world cup, new zealand</media:category>
      </media:content>
    </item>
                    <item>
      <title>Couple Accused Of Faking Child's Cancer</title>
      <pubDate>Tue, 08 Feb 2011 11:23:21 -0500</pubDate>
      <link>http://www.liveleak.com/view?i=821_1297181742</link>
      <dc:creator>Zipper10</dc:creator>
      <description>GREENWOOD COUNTY, S.C. -- An Upstate couple is accused of lying about their daughter's cancer diagnosis to scam people out of money.
Steven and Alicia Kelly are charged with swindling.
Greenwood County deputies said the two told people in the community that their daughter was being treated for cancer, but suspicions arose that the child was being used by her parents.
Investigators discovered that Alicia Kelly had some outstanding warrants for fraudulent checks and brought her in for questioning. Deputies said she admitted that her daughter had never been diagnosed with cancer and never received any type of treatment for cancer.
Investigators said Alicia Kelly gave them a list of people who were sympathetic to the family's situation and had donated money and goods. According to deputies, one person had given $100 in cash and a laptop computer valued at approximately $400 in Aug. or Sept. 2010.

http://www.wyff4.com/news/26754792/detail.html?source=gs</description>
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        <media:title>Couple Accused Of Faking Child's Cancer</media:title>
        <media:category label="Tags">Couple fakes, child, cancer, scam, GREENWOOD COUNTY, S.C</media:category>
      </media:content>
    </item>
                    <item>
      <title>California's first execution in five years delayed by legal issues</title>
      <pubDate>Tue, 28 Sep 2010 05:25:50 -0400</pubDate>
      <link>http://www.liveleak.com/view?i=99a_1285665221</link>
      <dc:creator>Zipper10</dc:creator>
      <description>A federal appeals court in San Francisco late Monday ordered a trial judge to reconsider a ruling that allowed for a convicted murderer and rapist to be executed this week at San Quentin State Prison.

Albert Greenwood Brown was scheduled to die at 9 p.m. Thursday for the 1980 killing of a 15-year-old Riverside girl.

But the U.S. 9th Circuit Court of Appeals said U.S. District Judge Jeremy Fogel erred by offering Brown a choice of a one-drug lethal injection or a three-drug cocktail.

&quot;The district court's decision to provide Brown the choice of a one-drug option is not consistent with California state law and procedures. California law does not provide the condemned a choice between a three-drug protocol or a one-drug option,&quot; the ruling said.

The appeals court ordered the judge to schedule a new hearing.

The court's order came hours after Gov. Arnold Schwarzenegger ordered a one-day delay in Brown's execution, citing a procedural complication in the state's attempt to carry out its first death sentence in nearly five years.

The governor's reprieve coincided with an announcement by the attorney general's office that further lethal-injection sentences in California would have to wait until at least next year due to a nationwide shortage of the key drug used to render condemned prisoners unconscious.

Lawyers for the state had advised a federal judge in filings over the weekend that San Quentin has only 7.5 grams of sodium thiopental on hand, and as much as 6 grams could be used. The scheduled execution time was just a few hours before the drug reaches its expiration date Friday, according to court papers filed by the attorney general's office.

But the governor's order delaying the execution was attributed to an unexpired period for Brown to petition the California Supreme Court for review of an appeals court ruling that lifted a ban on executions. That Sept. 20 appeals court ruling won't take effect until Thursday, the governor noted in issuing the reprieve that he said would expire at 11:59 p.m. Wednesday.

Brown, who raped and killed a 15-year-old Riverside girl in 1980, had been scheduled to be put to death at 12:01 a.m. Wednesday.

If the execution is carried out, it will likely be the last in the state for months, due to the shortage of sodium thiopental that has forced other states to postpone executions as well.

The California Department of Corrections and Rehabilitation &quot;has been unable to secure sodium thiopental to perform any executions after Sept. 30,&quot; said attorney general spokeswoman Christine Gasparac. &quot;This office will recommend that future executions be scheduled when   expects the drug to be available.&quot;

The drug manufacturer, Hospira Inc. of Lake Forest, Ill., blamed the shortage on a third-party supplier's failure to provide the crucial pharmaceutical ingredient for its pentothal product. The company said it expected to have more available in the first quarter of 2011. But a spokesman also reiterated the company's objections to their product being used in executions.

&quot;Hospira manufactures this product because it improves or saves lives, and the company markets it solely for use as indicated on the product labeling. The drug is not indicated for capital punishment, and Hospira does not support its use in this procedure,&quot; said spokesman Daniel Rosenberg, adding that the company informed corrections departments of its position earlier this year.

A federal judge Friday denied Brown's petition for a stay of his execution. The prisoner had argued that the state's newly revised lethal-injection procedures could subject him to unconstitutional pain and suffering if insufficient sodium thiopental is used. Only 1.5 grams of the powerful barbiturate is used to anesthetize the prisoner in the three-drug sequence, while 5 grams is administered in single-injection executions.

California's procedures govern the three-drug execution method, but Fogel gave Brown the option of choosing the single-injection method used in Ohio and Washington. The judge noted that nine executions using the single dose of the anesthesia have been carried out without problems, which he deemed &quot;undisputed and significant.&quot;

But Brown failed to say whether he preferred the single-injection method by the noon Monday deadline set by Fogel. That allowed the state to go forward with its three-drug method, said a spokeswoman for the corrections department.

Brown's lawyers asked the U.S. 9th Circuit Court of Appeals for review of Fogel's ruling. That challenge was upheld late Monday.


http://www.latimes.com/news/local/la-me-execution-20100928,0,7038715.story</description>
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        <media:title>California's first execution in five years delayed by legal issues</media:title>
        <media:category label="Tags">Execution delayed, legal issues, death penalty,Albert Greenwood Brown.</media:category>
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