Judge: Holmes Can Face Trial for Aurora Shooting

Jan 10, 2013 8:45pm

(Arapahoe County Sheriff/AP Photo)

In a ruling that comes as little surprise, the judge overseeing the Aurora, Colo., theater massacre has ordered that there is enough evidence against James Holmes to proceed to a trial.

In an order posted late Thursday, Judge William Sylvester wrote that “the People have carried their burden of proof and have established that there is probable cause to believe that Defendant committed the crimes charged.”

The ruling came after a three-day preliminary hearing this week that revealed new details about how Holmes allegedly planned for and carried out the movie theater shooting, including how investigators say he amassed an arsenal of guns and ammunition, how he booby-trapped his apartment to explode, and his bizarre behavior after his arrest.

PHOTOS: Colorado ‘Dark Knight Rises’ Theater Shooting

Holmes is charged with 166 counts, including murder, attempted murder and other charges related to the July 20 shooting that left 12 people dead and 58 wounded by gunfire. An additional 12 people suffered non-gunshot injuries.

One of the next legal steps is an arraignment, at which Holmes will enter a plea. The arraignment was originally expected to take place Friday morning.

Judge Sylvester indicated through a court spokesman that he would allow television and still cameras into the courtroom, providing the outside world the first images of Holmes since a July 23 hearing. Plans for cameras in court, however, were put on hold Thursday afternoon.

“The defense has notified the district attorney that it is not prepared to proceed to arraignment in this case by Friday,” wrote public defenders Daniel King, Tamara Brady and Kristen Nelson Thursday afternoon in a document objecting to cameras in court.

A hearing in the case will still take place Friday morning. In his order, Judge Sylvester said it should technically be considered an arraignment, but noted the defense has requested a continuance.  Legal experts expect the judge will grant the continuance, delaying the arraignment and keeping cameras out of court for now.

Sylvester also ordered that Holmes be held without bail.

Holmes’ attorneys have said in court that the former University of Colorado neuroscience student is mentally ill. The district attorney overseeing the case has not yet announced whether Holmes, now 25, can face the death penalty.

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Pebble smart watch set to ship to adoring backers

Niall Firth, technology editor

(Image: Pebble)

So, finally, it is here. Pebble, the smart watch that syncs with your smartphone and social media, is about to start shipping out to the thousands of very patient crowdfunding backers who have been waiting months to get their hands on one.

Pebble made history in April last year when it became the most backed idea ever on the crowdfunding site Kickstarter, raising $10 million from more than 68,000 people. Its parent, Pebble Technology, had initially asked for only $100,000.

Backers were supposed to receive their first shipment in September. The delay was caused in part by the massive response to the idea, Pebble's CEO Eric Migicovsky told a press conference at the International Consumer Electronics Show in Las Vegas, Nevada, yesterday.

The device itself looks simple - a watch with a black-and-white, easy-to-read display. Water resistant to 5 atmospheres, Pebble uses low-power Bluetooth to sync with your smartphone to display emails, Facebook notifications and SMS messages on its screen. Incoming phone calls make the watch vibrate and can be dismissed from the watch itself. The display, which is made of power-sipping electronic paper, gives Pebble a battery life of seven days between charges.

It also syncs with the website If This Then That, which lets you set up simple rules to receive information from other sites you're interested in. Migicovsky showed how the Pebble could be set up to notify you if it had started snowing in Las Vegas according to a weather app, for example. It comes with its own operating system and will be open to third-party developers.

The announcement that it is being delivered at last is not just good news for Pebble's supporters - critics often cited the project as a case study in how Kickstarter initiatives over-promise and under-deliver. In September the site's owners even wrote a blog post to those posting projects on the site, warning them that it was better to "under-promise and over-deliver".

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58,000 commuters affected by NEL train disruption

SINGAPORE: Some 58,000 commuters were affected on Thursday when train services between HarbourFront and Dhoby Ghaut stations on the North East Line (NEL) were disrupted for six-and-a-half hours.

Rail operator SBS Transit said the disruption was traced to three broken U-shaped bolts between the HarbourFront and Outram Park stations, resulting in a power trip.

The fault is similar to one that had occurred in last August in the same tunnel section.

The stainless steel U-bolts in question were checked following the August incident and found to be in good working condition.

SBS Transit has decided to replace all U-bolts in the tunnel, starting with the section between HarbourFront and Outram Park stations.

This initial section contains about 1,900 U-bolts and is expected to take about three months for the replacement to be completed.

SBS Transit said it is working with the Land Transport Authority to review and examine all possible causes and contributory factors to the recent incidents.

Commuters were first alerted to the train disruption at about 10am on Thursday.

In addition to signboards, SBS staff wearing "Goodwill Ambassador" were also on the ground to advise and direct commuters on where to go.

Shuttle services were activated at designated bus stops at around 10.30am to provide free bus rides.

Commuters were informed at around 12.30pm that train services would resume in the late afternoon.

And shortly after 4.30pm, the full NEL service was up and running.

This is not the first time the NEL has been disrupted.

On December 20 last year, some 26,000 commuters were affected by a train fault.

- CNA/fa

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Google's Schmidt presses North Korean officials for open Web

Google's Eric Schmidt (right) upon his arrival in North Korea earlier this week with former N.M. Gov. Bill Richardson.

(Credit:
CBS News/Screenshot by CNET)

Eric Schmidt wrapped up a controversial visit to North Korea today, saying that his private delegation warned officials that global Internet access was key to developing its economy.

"As the world becomes increasingly connected, their decision to be virtually isolated is very much going to affect their view of the world," he told reporters upon his return to Beijing, according to a Wall Street Journal account. Lack of such access would "make it harder for them to catch up economically. We made that alternative very, very clear," he added.

Despite official U.S. opposition to the visit, Google's executive chairman flew to the reclusive nation on Monday as part of a delegation led by former New Mexico Gov. Bill Richardson, who described the trip as a "private humanitarian mission."

"We had a good opportunity to talk about expanding the Internet and cell phones in the DPRK," Richardson told the Associated Press before departing for Beijing.

The U.S. State Department had discouraged the visit, saying that the timing was not right for the delegation to visit the country, which is subject to U.S. economic sanctions. A department spokesperson cited recent missile launches by North Korea as a reason for opposing the visit

During the visit, the delegation, which also included Jared Cohen, head of Google Ideas, got a tour of a computer lab at Kim Il Sung University Pyongyang, where a student showed how he goes online to look at reading material from Cornell University.

It's unclear whether the delegation had the opportunity to inquire about Kenneth Bae, a Korean-American whose arrest on unspecified charges was announced by the North Koreans last month.

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Embryonic Sharks Freeze to Avoid Detection

Jane J. Lee

Although shark pups are born with all the equipment they'll ever need to defend themselves and hunt down food, developing embryos still stuck in their egg cases are vulnerable to predators. But a new study finds that even these baby sharks can detect a potential predator, and play possum to avoid being eaten.

Every living thing gives off a weak electrical field. Sharks can sense this with a series of pores—called the ampullae of Lorenzini—on their heads and around their eyes, and some species rely on this electrosensory ability to find food buried in the seafloor. (See pictures of electroreceptive fish.)

Two previous studies on the spotted catshark (Scyliorhinus canicula) and the clearnose skate (Raja eglanteria)—a relative of sharks—found similar freezing behavior in their young. But new research by shark biologist and doctoral student Ryan Kempster at the University of Western Australia has given scientists a more thorough understanding of this behavior.

It all started because Kempster wanted to build a better shark repellent. Since he needed to know how sharks respond to electrical fields, Kempster decided to use embryos. "It's very hard to test this in the field because you need to get repeated responses," he said. And you can't always get the same shark to cooperate multiple times. "But we could use embryos because they're contained within an egg case."

Cloaking Themselves

So Kempster got his hands on 11 brownbanded bamboo shark (Chiloscyllium punctatum) embryos and tested their reactions to the simulated weak electrical field of a predator. (Popular pictures: Bamboo shark swallowed whole—by another shark.)

In a study published today in the journal PLoS One, Kempster and his colleagues report that all of the embryonic bamboo sharks, once they reached later stages of development, reacted to the electrical field by ceasing gill movements (essentially, holding their breath), curling their tails around their bodies, and freezing.

A bamboo shark embryo normally beats its tail to move fresh seawater in and out of its egg case. But that generates odor cues and small water currents that can give away its position. The beating of its gills as it breathes also generates an electrical field that predators can use to find it.

"So it cloaks itself," said neuroecologist Joseph Sisneros, at the University of Washington in Seattle, who was not involved in the study. "[The embryo] shuts down any odor cues, water movement, and its own electrical signal."

Sisneros, who conducted the previous clearnose skate work, is delighted to see that this shark species also reacts to external electrical fields and said it would be great to see whether this is something all shark, skate, and ray embryos do.

Marine biologist Stephen Kajiura, at Florida Atlantic University, is curious to know how well the simulated electrical fields compare to the bamboo shark's natural predators—the experimental field was on the higher end of the range normally given off.

"[But] they did a good job with [the study]," Kajiura said. "They certainly did a more thorough study than anyone else has done."

Electrifying Protection?

In addition to the freezing behavior he recorded in the bamboo shark embryos, Kempster found that the shark pups remembered the electrical field signal when it was presented again within 40 minutes and that they wouldn't respond as strongly to subsequent exposures as they did initially.

This is important for developing shark repellents, he said, since some of them use electrical fields to ward off the animals. "So if you were using a shark repellent, you would need to change the current over a 20- to 30-minute period so the shark doesn't get used to that field."

Kempster envisions using electrical fields to not only keep humans safe but to protect sharks as well. Shark populations have been on the decline for decades, due partly to ending up as bycatch, or accidental catches, in the nets and on the longlines of fishers targeting other animals.

A 2006 study estimated that as much as 70 percent of landings, by weight, in the Spanish surface longline fleet were sharks, while a 2007 report found that eight million sharks are hooked each year off the coast of southern Africa. (Read about the global fisheries crisis in National Geographic magazine.)

"If we can produce something effective, it could be used in the fishing industry to reduce shark bycatch," Kempster said. "In [America] at the moment, they're doing quite a lot of work trying to produce electromagnetic fish hooks." The eventual hope is that if these hooks repel the sharks, they won't accidentally end up on longlines.

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Seau Suffered Brain Disease From NFL Hits: Study

A team of scientists who analyzed the brain tissue of renowned NFL linebacker Junior Seau after his suicide last year have concluded the football player suffered a debilitating brain disease likely caused by two decades worth of hits to the head, researchers and his family exclusively told ABC News and ESPN.

In May, Seau, 43 -- football's monster in the middle, a perennial all-star and defensive icon in the 1990s whose passionate hits made him a dominant figure in the NFL -- shot himself in the chest at his home in Oceanside, Calif., leaving behind four children and many unanswered questions.

Seau's family donated his brain to neuroscientists at the National Institutes for Health who are conducting ongoing research on traumatic brain injury and football players.

Click Here to Read ESPN's Coverage on Junior Seau

A team of independent researchers who did not know they were studying Seau's brain all concluded he suffered from chronic traumatic encephalopathy (CTE), a degenerative disease typically caused by multiple hits to the head.

"What was found in Junior Seau's brain was cellular changes consistent with CTE," said Dr. Russell Lonser, chairman of the Department of Neurological Surgery at Ohio State University, who led the study of Seau's brain while he was at NIH.

Frazer Harrison/Getty Images

Patients with CTE, which can only be diagnosed after death, display symptoms "such as impulsivity, forgetfulness, depression, [and] sometimes suicidal ideation," Lonser said.

Seau's family described to ABC News and ESPN a long descent into depression in the years prior to his death.

Gina Seau, his ex-wife with whom he remained close following their divorce, said the linebacker had difficulty sleeping and became withdrawn and "detached emotionally" from his children. In one exchange, he described his mood as "low" and "dark."

"A lot of things, towards the end of his life, patterns that we saw and things that worried us, it makes sense now," she said of the diagnosis.

The night before his death, Seau sent a text message to his ex-wife and children in which he simply wrote, "I love you." They were the last words anyone would hear from him.

More than 30 NFL players have in recent years been diagnosed with CTE, a condition once known as "punch drunk" because it affected boxers who had taken multiple blows to the head. Last year, 4,000 retired players joined a class-action lawsuit against the league over its alleged failure to protect players from brain injuries.

The NFL has said it did not intentionally hide the dangers of concussions from players and is doing everything it can now to protect them.

Gina Seau said she and her ex-husband expected physical injuries from playing professional football but never thought "you're putting your brain and your mental health at a greater risk."

Junior Seau, she said, was never formally diagnosed with a concussion but routinely complained of symptoms associated with concussions after receiving hits to the head during games and in practices in 20 seasons in the NFL.

"The head-to-head contact, the collisions are just, they're out of control," Gina Seau said.

"He was a warrior and he loved the game," she added. "But ... I know that he didn't love the end of his life."

For the Seaus, football gave them everything and, they believe, has now taken it all away. They understand its attraction and, all too well, its routine danger.

"I think it's a gamble," Gina Seau said. "Just be extremely aware of what could potentially happen to your life."

None of the Seau children play football anymore and their mother is glad of that.

"It's not worth it for me to not have a dad," said one of the Seaus' sons, Tyler Seau, 23. "So, to me, it's not worth it."

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US no longer lists satellites as weapons

Satellites are no longer weapons, according to a change in US anti-arms trafficking law. The move gives hope to commercial spaceflight companies wanting to sell their technology on the global market rather than just within the US. However, the focus on Earth-orbiting craft means deep-space missions could still be hampered by onerous security laws.

On 3 January, President Barack Obama authorised a revision of the International Traffic in Arms Regulations law. Since 1999, ITAR listed US satellites and related technology as munitions with strict limits on exports to foreign powers – much to the annoyance of satellite makers. They say they cannot earn what they need to stay innovative without selling advanced technology abroad.

The updated law takes Earth-orbiting satellites and technologies off the list, although the president retains veto power, and the ruling doesn't apply to some countries, including China, Iran and North Korea.

Free space

Alex Saltman of the Commercial Spaceflight Federation in Washington DC hopes the relaxation of rules will in future be extended to other space-tourism equipment such as crew capsules, which remain restricted by ITAR.

"Space technologies that in the past had primarily military uses, or which had mixed military and civilian uses, are becoming primarily commercial and therefore should be regulated as such," says Saltman. "While there is no immediate effect – there is nothing that is allowed now that was not allowed a month ago – we are a big step down the road toward loosening restrictions."

The new rules should also allow US students who aren't citizens to access computer data and documents from US aerospace companies, which they had been denied until now. So says Sara Seager, a planetary scientist at the Massachusetts Institute of Technology, whose students design and build small satellites called CubeSats.

But major issues remain, Seager says, such as what will happen to international collaborations on more far-ranging probes. For instance, her students are designing instruments for the OSIRIS-REx mission to an asteroid, and it's unclear how the new rules might impact her non-US students.

"Why did they focus on satellites that orbit Earth and not spacecraft that go beyond Earth?" she says. "It's not clear whether the government can fix this language before it is written up into regulations."

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S'pore retail investors optimistic about outlook: survey

SINGAPORE: Singapore retail investors are optimistic about their investment outlook for the next six months, according to a survey released on Wednesday by J P Morgan Asset Management.

According to the report, the J P Morgan Investor Confidence Index increased by 5 points to 106 in the latest survey, conducted between November 21 to December 7 2012.

This is a marked increase from one year ago, where the index was 86.

The increased confidence was boosted by expectations of an improved global economic environment, with 42 per cent of respondents indicating that they are likely to increase their investments in the next six months.

"The latest results demonstrate that Singapore investor confidence continues to improve," said Mr Andrew Creber, Head of Singapore Business, J P Morgan Asset Management.

"This is no doubt influenced by the progress we have seen over the past six months, where the risk of a financial meltdown in Europe was largely reduced. The Chinese economy is steadily recovering. In the US, despite the ongoing political tug-of-war over public finance, the restoration of household balance sheets and an improvement in the housing market is taking place," he added.

Confidence is also returning to affluent investors.

Investors with investable assets of S$500,000 and above were markedly more optimistic than investors with less investable assets, hitting a confidence level of 119, an increase of 17 points from June 2012.

Meanwhile, mutual fund investors have shown an increasing preference for multi asset/balanced funds, with those surveyed increasing their weighted allocation up by 7 per cent to 47 per cent for their mutual fund portfolio.

"It is important for investors to remain diversified to maintain stability in their portfolios," said Mr Creber.

The J P Morgan Investor Confidence Index is derived from a scoring of investor responses to a series of questions on their outlook for the Straits Times Index (STI), local and global economic and investment environments, and appreciation in their investment portfolio.

An index level of 100 is neutral, while 200 is extremely optimistic while zero is extremely pessimistic.

- CNA/xq

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Kensington widget warns when iPhone goes walkabout

The Kensington Proximo system tells you if your keys and your iPhone get too far apart.

(Credit:
Kensington)

Kensington has launched a system called Proximo that it promises will alert people when items like keys and iPhones are lost or stolen.

The Proximo kit consists of an iPhone app, a key fob for a keychain, and a third device to track something else like a backpack or
car, the company announced at
CES. If the items get too far apart -- people can specify the exact distances, which are measured wirelessly using BlueTooth -- they sound an alarm.

The fobs and app each come with buttons that triggers an audible alarm from a paired device to help locate it. And the app offers a map for GPS-based tracking for devices that are out of range.

The kit costs $60, and additional $25 tags can be purchased to track up to five devices with the app.

Also at CES, Kensington announced a few other accessories:

• The $50 TriFold Folio
iPad case for fourth-generation iPads, with a protective shell back and a three-fold front cover that can serve as a stand.

• The $35 PowerBolt 4.2 Dual Fast Charge car charger with dual 2.1-watt USB charging ports and two detachable older-style iPhone charging cables. Those with iOS devices using the newer Lightning port will have to use their own cables.

• The $30 PowerBolt 2.1 Fast Charge car charger with a single attached Lightning cable.

• The $90 Contour Overnight backpack that features a laptop compartment that can be unzipped and laid flat for easier trips through airport security. It's got a larger capacity than earlier models of the company's Contour packpack models.

Kensington's TriFold Folio iPad cover for fourth-generation iPads

(Credit:
Kensington)

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Pictures: Wildfires Scorch Australia Amid Record Heat

Photograph by Jo Giuliani, European Pressphoto Agency

Smoke from a wildfire mushrooms over a beach in Forcett, Tasmania, on January 4. (See more wildfire pictures.)

Wildfires have engulfed southeastern Australia, including the island state of Tasmania, in recent days, fueled by dry conditions and temperatures as high as 113ºF (45ºC), the Associated Press reported. (Read "Australia's Dry Run" inNational Geographic magazine.)

No deaths have been reported, though a hundred people are unaccounted for in the town of Dunalley, where the blazes destroyed 90 homes.

"You don't get conditions worse than this," New South Wales Rural Fire Service Commissioner Shane Fitzsimmons told the AP.

"We are at the catastrophic level, and clearly in those areas leaving early is your safest option."

Published January 8, 2013

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