October 2009

Navajos may try to buy popular Arizona ski resort

FLAGSTAFF, Ariz. – The Navajo Nation may try to buy a popular Arizona ski resort to stop snowmaking on one of the tribe's most sacred mountains, the San Francisco Peaks.
The Navajo Nation Council voted Wednesday to consider legislation that would allow the tribe to secure an appraisal and negotiate with the partners who own the Arizona Snowbowl outside Flagstaff.
The Navajo and several other tribes fought in court for several years to stop the Snowbowl's plan to use reclaimed wastewater to make snow. Tribes have said the practice would desecrate the land they hold sacred and infringe on their religious beliefs. The U.S. Supreme Court turned down the tribes' final appeal in June, and the resort's owners plan to begin adding the snowmaking equipment next year.
Council Delegate Raymond Maxx signed on as the primary sponsor of the legislation.
"The elders and our traditional people, they expect something to be done to stop that process, and some of us are willing to put some of our resources behind our actions," he said. "That's what we're trying to do here. That would really relieve the stress and tension among our traditional folks, our elders back home."
The council could take a final vote on the legislation later this week during its fall session.
The Arizona Snowbowl Limited Partnership purchased the ski resort in 1992 for $4 million. Owner Eric Borowsky said late Wednesday that it is not for sale. But he said he has an obligation as a general partner to submit any valid offers to the limited partners for a vote.
No offers have been submitted since the partnership took over ownership of the ski resort, Borowsky said.
Maxx's bill doesn't include a price the tribe would be willing to pay for the Snowbowl. If a purchase is ultimately made, the money likely would come from the tribe's Land Acquisition Fund, said Delegate Jonathan Nez, who sits on the council's Budget and Finance Committee.
The fund was developed to consolidate the checkerboard of Indian and non-Indian land around the reservation. Tribal officials used it to finance the development of the Navajo Nation's first casino just outside Gallup, N.M.
Howard Shanker, who has served as an attorney for many of the tribes, said he's pleased the Navajo Nation is looking into a purchase.
"I'm sure they would maintain the area in an environmentally and culturally responsible way," he said.
Snowbowl officials have said the snowmaking equipment is necessary to ensure the survival of the ski area, which opened in 1937 and has struggled with short seasons because of a lack of snow. The ski resort plans to add a fifth chair lift, spray man-made snow and clear about 100 acres of forest to extend its ski season.
The resort operates under a special use permit with the U.S. Forest Service.
A pending lawsuit filed by the Save the Peaks Coalition and a group of citizens contends the Forest Service failed to consider the human health risks of ingesting snow made with treated wastewater.

Airport guard accused of Obama threat due in court

NEWARK, N.J. – An airport security guard who was overheard saying he had "cut a hole in a fence to be able to shoot" Barack Obama pleaded not guilty Thursday to making terroristic threats against the president.
John Brek appeared via video feed from the Essex County Jail, where he has been held since his arrest Tuesday night. Clad in an orange prison jumpsuit, the 55-year-old Brek didn't speak during the hearing but had his plea entered by his attorney, Moses Rambarran.
Municipal Judge Amilkar Velez-Lopez rejected the state's request to raise Brek's bail to $500,000, and instead raised it from $100,000 to $200,000.
Brek also pleaded not guilty to possession of hollow point bullets, which is prohibited in New Jersey, and to receiving stolen property for allegedly having a stolen gun among the more than 40 firearms recovered from his residence Tuesday. The bail on those charges remained at $20,000.
"We really have to take these matters seriously," Velez-Lopez said. "He had a very real possibility of carrying out those threats. He would have been in close proximity to the president."
Rambarran said his client "knows he has some serious challenges against him and knows he must go through legal channels to get himself vindicated."
He said Brek's arrest raises constitutional issues.
"In the United States of America, we are allowed to make offensive, distasteful, repugnant statements," he said. "These are not prosecutable as a crime."
An airline worker standing at a coffee cart at Newark Liberty International Airport on Tuesday afternoon heard Brek saying he "cut a hole in a fence to be able to shoot" Obama, according to the arrest warrant.
Obama arrived in Newark late Wednesday afternoon to appear at a campaign rally for Gov. Jon S. Corzine.
Brek is employed by a private security firm.
Essex County Prosecutor Paula Dow said no weapons were found in the area where he worked. She did not comment on whether investigators found the hole in the fence that Brek referenced, but said Brek's comments were overheard "in the vicinity" of an area where the presidential entourage was to pass through the next day.

Clinton reports scant progress on Mideast peace

WASHINGTON – President Barack Obama's hopes for a fast track to renewed Mideast peace talks were dashed Thursday when his chief diplomat reported few new steps by either Israelis or Palestinians toward negotiations.
Secretary of State Hillary Rodham Clinton met with Obama Thursday in the Oval Office to report little to no new progress in a status report he had asked for by mid-October.
Clinton advised the president that challenges remain before peace talks can resume, according to an administration official who spoke on condition of anonymity to more freely discuss a private conversation with the president.
Clinton reported that Palestinians have strengthened security efforts and reforms of Palestinian institutions, but that more needs to be done to prevent terror and end incitement, meaning they must stop those who carry out or even encourage attacks on Israel.
On the Israeli side, she said they have eased Palestinians' freedom of movement and expressed a willingness to curtail the building of Jewish settlements in Palestinian areas. The administration, however, like the Palestinians, are asking for an end to all new settlement construction — something on which the Israelis are not budging. Clinton said the Israelis also must do more to improve Palestinians' daily lives.
Last month in New York, Obama held a three-way meeting with Israeli Prime Minister Benjamin Netanyahu and Palestinian President Mahmoud Abbas, hoping it would prod them to relaunch talks that broke off more than a year ago. In an indication that no progress has been made since, Obama's assessment of the situation at the time was virtually identical to the description in Clinton's report Thursday on what steps the two sides have made and still need to take.
The president walked away from that meeting in September with no more than a handshake between the two Mideast leaders. He tasked George Mitchell, his envoy to the region, to continue meeting with Israeli and Palestinian officials. He also asked Clinton to report back on the status of all sides' efforts in mid-October, in the belief that setting a deadline could spur action.
Mitchell recently wrapped up the latest round of what the official described as "intensive" talks in Washington and in the region with Israeli and Palestinian negotiators. He is due to return to the Mideast soon to continue.
Clinton told the president that Israelis must translate their willingness on settlements into "real, meaningful action" — a continuation of particularly strident rhetoric by the Obama administration toward Israel on the emotional issue.
A senior State Department official said Mitchell has made some inroads in getting the two sides to agree on the terms of reference to relaunch the talks, but that they were far from an agreement. The official spoke on condition of anonymity because he was not authorized to detail Mitchell's meetings.
Clinton also was expected to discuss the issue with Arab foreign ministers in Morocco early next month.
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Associated Press writer Matthew Lee contributed to this report.

Airline crew overshot Minn. airport by 150 miles

WASHINGTON – Federal investigators are scrambling to determine what happened aboard a Northwest Airlines jetliner whose crew flew 150 miles past its destination while air traffic controllers, other pilots and even a flight attendant back in the cabin tried to get their attention.
Investigators don't know whether the pilots may have fallen asleep, but National Transportation Safety Board spokesman Keith Holloway said Friday that fatigue and cockpit distraction will be looked into.
The plane's flight recorders were brought to Washington Friday, but the cockpit voice recorder is an older model that contains only the last 30 minutes of conversation. That makes the investigation more difficult since that time would be taken up by the flight back to Minneapolis — the intended destination — and the landing there Wednesday night.
Flight 188's recorders were delivered to the NTSB's Washington office. The pilots, both temporarily suspended, are to be interviewed by investigators next week. The airline, acquired last year by Delta Air Lines, is also investigating.
The crew told authorities they were distracted during a heated discussion over airline policy, the NTSB said.
Wednesday night, the airliner with more than 140 passengers aboard zoomed past Minneapolis at 37,000 feet at what was supposed to be the end of a flight from San Diego. Worried about who was actually at the controls, officials asked the crew to prove who they were by executing turns after they finally were contacted.
On the ground, police and FBI agents prepared for the worst, and the Air National Guard put fighter jets on alert at two locations as the drama unfolded.
Pilots from two other planes in the vicinity were finally able to reach the pilots using a different radio frequency, a controllers union spokesman said. A flight attendant in the cabin also was able to contact them by intercom, said a source close to the investigation who wasn't authorized to talk publicly and spoke on condition of anonymity.
By that time, the Airbus A320 was over Eau Claire, Wis., and the pilots had been out of communication with air traffic controllers for over an hour. They turned back and landed safely in Minneapolis, the plane's scheduled destination.
The plane passed over Minneapolis at 37,000 feet just before 8 p.m. local time. Contact with controllers wasn't established until 14 minutes later, NTSB said.
Air traffic controllers in Denver had been in contact with the pilots as they flew over the Rockies, FAA spokeswoman Laura Brown said. But as the plane got closer to Minneapolis, she said, "the Denver center tried to contact the flight but couldn't get anyone."
Denver controllers notified their counterparts in Minneapolis, who also tried to reach the crew without success, Brown said.
Officials suspect Flight 188's radio might still have been tuned to a frequency used by Denver controllers even though the plane had flown beyond their reach, said Doug Church, a spokesman for the National Air Traffic Controllers Union. Controllers worked throughout the incident with the pilots of other planes, asking them to try to raise Flight 188 using the Denver frequency, he said
That was unsuccessful until two pilots working with Minneapolis controllers finally got through just before the plane turned around, Church said. Minneapolis controllers don't have the capability of using the Denver frequency, but pilots do, he said.
After re-establishing contact with the plane, controllers asked the pilot in charge to execute a series of turns to show he was in control of the aircraft, Church said.
"Controllers have a heightened sense of vigilance when we're not able to talk to an aircraft. That's the reality post-9/11," he said.
Passenger Lonnie Heidtke said he didn't notice anything unusual before the landing except that the plane was late.
The flight attendants "did say there was a delay and we'd have to orbit or something to that effect before we got back. They really didn't say we overflew Minneapolis. ... They implied it was just a business-as-usual delay," said Heidtke, a consultant with a supercomputer consulting company based in Bloomington, Minn.

Once on the ground, the plane was met by police and FBI agents. Passengers retrieving their luggage from overhead bins were asked by flight attendants sit down, Heidtke said. An airport police officer and a couple other people came on board and stood at the cockpit door, talking to the pilots, he said.

"I did jokingly call my wife and say, 'This is the first time I've seen the police meet the plane. Maybe they're going to arrest the pilots for being so late.' Maybe I was right," Heidtke said.

The pilots' explanation that they were distracted by shop talk "just doesn't make any sense," said Bill Voss, president of the Flight Safety Foundation in Alexandria, Va. "The pilots are saying they were involved in a heated conversation. Well, that was a very long conversation."

The FAA is updating rules governing how many hours commercial pilots may fly and remain on duty. The NTSB also cautioned government agencies this week about the risks of sleep apnea contributing to transportation accidents.

In January 2008, two pilots for go! airlines fell asleep for at least 18 minutes during a midmorning flight from Honolulu to Hilo, Hawaii. The plane passed its destination and was heading out over open ocean before controllers raised the pilots. The captain was later diagnosed with sleep apnea.

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AP Airlines Writer Joshua Freed and AP Writers Steve Karnowski in Minneapolis and Dave Koenig in Dallas contributed to this report.

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On the Net:

FlightAware.com tracking of Northwest Flight 188: http://bit.ly/2QV9hX

National Transportation Safety Board http://www.ntsb.gov

Officer not disciplined in deadly Taser incident

FORT WORTH, Texas – The police officer who used a Taser on a mentally ill man who died as a result of the two high-voltage shocks will not be disciplined and remains on patrol, the Fort Worth police chief said Friday.
Police Chief Jeff Halstead said the administrative investigation into the April 18 death of Michael Patrick Jacobs Jr. is closed but declined to comment on it. He said he turned it over to the district attorney and expects a grand jury to review the case next month.
If Officer Stephanie A. Phillips were to be indicted or convicted, the 17-year police veteran would face disciplinary action, Halstead said.
Jacobs' family had called police that day to report a disturbance because he had not been taking his medication for bipolar disorder, relatives have said. Officers said he became combative.
In August the medical examiner ruled that Jacobs' death was a homicide. Phillips stunned the 24-year-old with a Taser twice — the first time for 49 seconds and the second time for 5 seconds, with a 1-second interval between the shocks, according to the Tarrant County Medical Examiner's Office report.
Neither paramedics at the scene nor emergency room personnel could revive him, and he was pronounced dead about noon — an hour after police used the Taser, the report said.
issue a 50,000-volt shock that over-stimulates the nervous system and causes muscles to lock up, temporarily immobilizing a person.
Tasers issue a 50,000-volt shock that over-stimulates the nervous system and causes muscles to lock up, temporarily immobilizing a person.
An autopsy concluded that the primary cause of death was "sudden death during neuromuscular incapacitation due to application of a conducted energy device," and said no traces of alcohol or drugs, electrolyte imbalances, or signs of heart or lung disease were found — all of which can be contributing factors in a death.
The prosecutor handling the Jacobs case did not immediately return a call Friday to The Associated Press.
Jacobs' family believes that not disciplining the officer is a "true miscarriage of justice," said the Rev. Kyev Tatum, a family spokesman.
"We're saddened, disappointed, disheartened, angry, upset, insulted and offended," Tatum said Friday after hearing about the police chief's comments.
"Michael Jacobs was not a criminal. He was a young man who needed mental help," he said.
Halstead said his officers still use Tasers but that they will get more use-of-force training starting early next year. He said he also consulted with the county's mental health department to learn more about dealing with mentally ill or emotionally disturbed suspects.
Halstead said he voluntarily gave a copy of his department's report to the U.S. Justice Department because he wanted to be "open and transparent." Police Lt. Paul Henderson said it had nothing to do with the family's criticism of the incident or investigation.
In an unrelated case in South Texas earlier this week, a grand jury declined to indict three La Marque police officers over the May death of a man who was subdued with a Taser. The panel had the option of considering murder, manslaughter, criminal negligent homicide or official oppression counts, said Galveston County District Attorney Kurt Sistrunk.
A medical examiner determined Jamaal Valentine's death was caused by high levels of phencyclidine and cocaine, and the report also cited "blunt head trauma during police restraint."

No punches, just praise as Tyson, Holyfield meet

CHICAGO – No punches were thrown. And neither bit off the other's ear.
Mutual praise and admiration dominated during a face-to-face meeting Friday between former world champion boxers Mike Tyson and Evander Holyfield on a live episode of "The Oprah Winfrey Show."
On June 28, 1997, at the MGM Grand in Las Vegas, Tyson was disqualified after biting off part of Holyfield's right ear during their WBA heavyweight title fight.
A respectful Tyson shook hands with his former rival several times during their encounter Friday — which he said was his first chance to speak at length with Holyfield since the ear chomp that made worldwide headlines.
Tyson told Winfrey earlier that an initial apology after the incident was insincere. But when she asked what he wanted to say to Holyfield, Tyson stopped short of apologizing again. He instead poured on the praise.
"This is a beautiful guy," he said, holding Holyfield's arm affectionately for several seconds. "I just want you to know it's just been a pleasure ... being acquainted with you."
Asked by Winfrey if he was still missing part of his ear, Holyfield pointed to it and said, "Just a little bit."
Holyfield also had a confession of sorts to make: He himself has bitten others, during childhood roughhousing with his siblings as a way to get out of headlocks.
"You talk about biting," he said. "I'm the person that bit every brother in my family."
Holyfield said one reason he wanted to appear with Tyson on television was to demonstrate to youth caught up in violence that reconciliation is always possible.
"We can come together," he said. "We know you can come together."

"Brick Lane" author Monica Ali back in an ethnic kitchen

FRANKFURT (Reuters) –
"Brick Lane" author Monica Ali, undeterred by charges of ethnic misrepresentation in her best-selling debut, lays out yet another multi-ethnic tangle for her latest work "In The Kitchen."

The author, who was accused of giving London's Bangladeshi community and particularly people from the Sylhet region a bad name in her 2003 novel Brick Lane, said that thoughts of potential controversy have no place in a writer's mind.

"You have to try and write with the door closed," she said at the Frankfurt book fair. "There is no point in writing if you fear that perhaps someone is looking over your shoulder."

"In The Kitchen" centers on a British hotel chef who is plunged into crisis by the death of one of his employees. The

kitchen staff come from Ukraine, Belarus, Liberia, Somalia and Sudan among others and is at one point dubbed the "United Nations task force."

Debates over immigration and cultural adaptation, even heated ones, should not be skirted, said Ali, who was born in Bangladesh to British-Bangladeshi parents and raised in northern

England.

"Of course you're going to have cultural sensitivity but it has become problematic in terms of who is allowed to speak," she said. "Whether it's the right statement or the wrong statement, it's good to have the social debate."

Ali would not be drawn on contentious questions such as who and what needs to change in Western societies to overcome ethnic rifts.

"I feel that fiction is very good for exploring the complexity, which in two or three words you can't really do justice to."

Her main intention though, remains to deliver an entertaining read.

"I write ... to tell a good story and, along the way, I let my interest come out in one form or another, exploring issues like immigration, globalization and cultural adaptation," Ali said.

1788 cognac, 1875 wine on sale at Paris auction

PARIS – Over the years, the chief sommelier had forgotten they were there. And when the four bottles of 1875 Armagnac Vieux were finally unearthed from the labyrinthine wine cellar this week, they were covered in a black fungus that looked like matted cat fur.
The landmark Tour d'Argent restaurant, which dates back to 1582, is cleaning out its 450,000-bottle wine cellar, considered one of the best and biggest in the world. It is putting 18,000 bottles up for auction in December, an event that has captured the imagination of French wine lovers.
The restaurant is selling mostly wine but also some very old spirits, like three bottles of a Clos du Griffier cognac from 1788, the year before the French Revolution, as well as the ancient Armagnac, valued at euro400-500 ($595-$743) a bottle. The fuzzy fungus is nothing to worry about — it thrives on the fumes of such spirits and is easily wiped away.
The restaurant wants to cut down on wines it has in multiple to vary and modernize its selection.
"You'll probably see, we've got too many bottles," jokes chief sommelier David Ridgway.
Unlocking a padlocked iron gate, the tuxedo-clad sommelier ushered visitors into the restaurant's underworld, where bottles are stacked floor to ceiling in a succession of caverns. Though everything is registered in a computer, there are occasional surprises, like the 1875 Armagnac, which Ridgway came across while looking for something else.
The wine cellar of the Left Bank restaurant, known for pressed duck and spectacular views of Notre Dame, is a part of its history. A sign marks the spot where a brick wall was built in 1940 to hide the best bottles during the Nazi occupation in World War II.
Visitors are offered sheepskin blankets for the chill: 14 degrees Celsius (57.2 Fahrenheit) this week, but dipping to 12 degrees Celsius (53.6 Fahrenheit) in winter.
"I like the wine to live a little bit of the seasons, even though it's temperature-controlled," said Ridgway, a Briton who has overseen the restaurant's wine menu since the early 1980s.
Times have changed since then, Ridgway says. Expensive jewelry or clothes no longer indicate what diners will pay for wine, and it's not taboo now for people to say what they want to spend. Still, he has to tread carefully: Propose a wine too inexpensive and some "people feel we have looked down on them, almost."
Estimated prices at the Dec. 7-8 sale by French auctioneer Piasa start at euro10 ($15) a bottle and go up to euro2,500-euro3,000 ($3,716-$4,459) for each 1788 Cognac, one of which will go to charity.
Among wines on sale are Chateau Lafite Rothschild (1970, 1982, 1997), Cheval Blanc (1928, 1949, 1966) and Chateau Margaux (1970, 1990). The total sale is expected to bring in around euro1 million ($1.5 million).
Buyers can rest assured the bottles aren't counterfeit — a major problem in the industry — because the restaurant bought them directly from vintners. As for the restaurant, the timing of the auction is right even as Europe struggles amid a global economic crisis.
"I'm sure there are some amazing treasures in that cellar, and it's a good time to sell because the wine auction market has really come storming back" after tanking during the early months of the financial crisis, said Michael Steinberger, Slate's wine columnist and author of "Au Revoir to All That: Food, Wine, and the End of France."
The restaurant, a family business, was once the summit of French gastronomy, attracting royalty, politicians and film stars. Each duck served comes with a certificate: U.S. President John F. Kennedy ate duck No. 245,200, while Mick Jagger feasted on No. 531,147 and Princess Grace of Monaco savored No. 496,516.
But recent years have brought setbacks. Longtime owner Claude Terrail died in 2006, and his 29-year-old son Andre now runs it. The restaurant, where a prix fixe lunch menu costs euro65 ($97) and a tasting menu at dinner goes for euro160 ($238), long held three Michelin stars but is now down to one.
The economic crisis has affected the restaurant's finances only "a bit," Terrail said, in part because of its name and diverse international clientele. While the kitchen was recently updated, the wine sale may fund more extensive renovations down the line.
The restaurant's name means "The Silver Tower" in French, and all the bottles for sale are stamped with the restaurant's insignia, a tiny tower.

On the Web:

http://www.piasa.auction.fr/UK/

Lower High Blood Pressure

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