TIME Military

U.S. Air Force Finds Boy’s Body in Aircraft Landing Gear

Members of the US Air Force stand alongside a C-130 transport aircraft at Kabul international airport on October 9, 2013.
Members of the US Air Force stand alongside a C-130 transport aircraft at Kabul international airport on October 9, 2013. Noorullah Shirzada—AFP/Getty Images

U.S. officials said they were investigating how an "apparent stowaway" accessed the upper recesses of a C-130's landing gear

Maintenance crews recently discovered the body of an adolescent boy lodged deep in the wheel well of a U.S. Air Force cargo aircraft shortly after it landed at Germany’s Ramstein Air Base.

“The body of an apparent stowaway was found trapped in a compartment above the aircraft’s rear landing gear,” said Rear Admiral John Kirby in a Tuesday press briefing. “American and German emergency responders were summoned; removed the body, transported it to a German facility for autopsy and further investigation.”

Kirby said investigators were still trying to determine when and how the boy accessed the inner recesses of the C-130’s landing gear. The aircraft recently returned from a long-haul mission in Africa, and Kirby said “the boy was an adolescent black male, possibly of African origin.”

 

TIME justice

Jury Awards Ventura $1.8M in Defamation Case

(ST. PAUL, Minn.) — A jury awarded former Minnesota Gov. Jesse Ventura $1.8 million on Tuesday in his lawsuit against the estate of “American Sniper” author Chris Kyle.

On the sixth day of deliberations, the federal jury decided that the 2012 best-selling book defamed Ventura in its description of a bar fight in California in 2006. Kyle wrote that he decked a man whom he later identified as Ventura after the man allegedly said the Navy SEALs “deserve to lose a few.”

Ventura testified that Kyle fabricated the passage about punching him. Kyle said in testimony videotaped before his death last year that his story was accurate.

Legal experts had said Ventura had to clear a high legal bar to win, since as a public figure he had to prove “actual malice.” According to the jury instructions, Ventura had to prove with “clear and convincing evidence” that Kyle either knew or believed what he wrote was untrue, or that he harbored serious doubts about its truth.

The jury told the judge Monday that it didn’t believe it could reach a unanimous verdict, but the judge instructed them to continue. On Tuesday, attorneys for both sides agreed that the verdict did not need to be unanimous and would allow a verdict if only eight of 10 jurors agreed.

After finding in favor of Ventura, the jury was also tasked with awarding damages for any harm to his reputation, humiliation and embarrassment. Jurors had to find that Ventura suffered an economic loss as a direct result of Kyle’s statements, or that Kyle used Ventura to profit unjustly.

Neither Ventura nor Chris Kyle’s widow, Taya Kyle, were in the courtroom for the verdict. Chris Kyle was slain at a Texas gun range last year, so his widow is executor of his estate with control over proceeds from book royalties and movie rights.

In his closing argument, Ventura attorney David Bradley Olsen said he believes Kyle’s estate has earned more than $6 million from the book, and suggested that $5 million to $15 million would be reasonable compensation for what he said was irreparable harm to Ventura’s reputation.

“The verdict will tell the world Chris Kyle’s story was a lie,” Olsen said.

Olsen said Kyle’s claims that Ventura said he hated America, thought the U.S. military was killing innocent civilians in Iraq and that the SEALs “deserve to lose a few” had made him a pariah in the community that mattered most to him — the brotherhood of current and former SEALs.

“One-point-five million people have bought the book,” he said. “Millions more heard Fox TV trash Jesse Ventura because of it. And the story went viral on the Internet and will be there forever.”

Defense attorney John Borger had told jurors in his own closing argument that the 11 witnesses presented by the defense “tell a compelling and consistent story” that backed Kyle’s version.

U.S. District Judge Richard Kyle, who is not related to the author, told jurors they weren’t charged with determining whether Ventura was punched, but rather whether he was defamed by the remarks Kyle attributed to him.

Chris Kyle, regarded as the deadliest military sniper in U.S. history, included a brief account in his book of a confrontation at a bar in Coronado, California, with a man he called “Scruff Face.” In promotional interviews, Kyle identified the man as Ventura, a former SEAL who became a pro wrestler and movie actor before being elected for one term as Minnesota governor in 1998. Ventura was in Coronado for a SEAL reunion and graduation ceremony.

Olsen said inconsistencies in testimony from defense witnesses about what happened the night of Oct. 12, 2006, were so serious that their stories couldn’t be trusted. He also pointed out that people who were with Ventura that night testified that the alleged confrontation never happened. And he said Ventura would never have said any of the remarks attributed to him because he remains proud of his and his parents’ military service.

“The statement is completely out of character for Jesse Ventura. He never said anything like that in his life, and he never will,” he said.

Ventura testified that his income as a television personality fell sharply as job offers dried up in the wake of “American Sniper.” Borger said Ventura’s career as an entertainer was in decline well before that.

TIME Immigration

Poll: Most Americans Want to Shelter, Not Deport, Migrant Children

Obama Meets With Leaders Of Honduras, Guatemala And El Salvador At White House
U.S. President Barack Obama speaks as President Otto Perez Molina (2nd L) of Guatemala, President Juan Orlando Hernandez (R) of Honduras, and President Salvador Sanchez Ceren (L) of El Salvador listen in the White House July 25, 2014 in Washington, DC. Alex Wong—Getty Images

A survey finds bipartisan majorities reject immediate deportation

Roughly seven in 10 Americans would prefer to see unaccompanied migrant children in the U.S. treated as refugees rather than illegal immigrants who should face immediate deportation, according to a new survey released Tuesday.

The findings, released by the Public Religion Research Institute, show that only one-quarter of Americans expressed support for immediate deportation of the migrant children, while 70% preferred temporary shelter along with the option of permanent residency for any child whose safety is threatened back home.

Support for temporary shelter and possible refugee status crossed party lines somewhat, with 80% of Democrats and 57% of Republicans favoring the option over immediate deportation.

The results come as the White House promised last week to stanch the flow of unaccompanied children across the southern border, while bills to address the issue are working their way through Congress. The Obama administration estimates some 90,000 migrant children from Central America will attempt to cross the U.S. border this year. Some 57,000 unaccompanied minors, meanwhile, have been picked up by law enforcement at the United States’ southern border since October.

TIME Environment

Unprecedented California Drought Restrictions Go Into Effect

In this Feb. 4, 2014 file photo, a warning buoy sits on the dry, cracked bed of Lake Mendocino near Ukiah, Calif. Rich Pedroncelli —ASSOCIATED PRESS

Poor water conservation could cost you up to $500 a day

California implemented emergency water-conservation measures today as it struggles to cope with an ongoing drought that has sapped reservoirs and parched farms across the state.

The new rules — the first statewide curbs on water use since the current drought began nearly three years ago — can lead to fines of up to $500 per day for using a hose to clean a sidewalk, running ornamental fountains that do not recirculate water and other wasteful behaviors. The regulations will be in effect for 270 days, unless they are repealed earlier.

Officials have said they don’t expect to issue too many tickets. Instead, they hope the rules will promote conservation by making it clear how serious the drought in California has become.

“We were hoping for more voluntary conservation, and that’s the bottom line,” Felicia Marcus, chair of the State Water Resources Board, told TIME when the body voted to approve the regulations on July 22. “We hope this will get people’s attention.”

An earlier effort to do that landed with a thud. In January, Governor Jerry Brown issued an emergency declaration and called for residents to voluntarily cut their water use by 20%. Earlier this month, a state survey found that California actually used more water in May than the previous three year average for that month. With the entire state experiencing some degree of drought and 80% of it in an extreme drought, the new measures are the latest effort to wake residents to the crisis.

“We can’t count on it raining next year or even the next,” Marcus said.

TIME health

NCAA Proposes $70M Concussion Fund To Settle Lawsuit

NCAA President Mark Emmert News Conference
NCAA President Mark Emmert speaks to the media during a press conference at AT&T Stadium on April 6, 2014 in Arlington, Texas. Jamie Squire—Getty Images

The settlement includes funding for testing current and former college athletes

The National Collegiate Athletic Association will pay $70 million for concussion testing as part of a proposed settlement over an ongoing head-injury lawsuit, the organization announced Tuesday. The money would pay for symptom identification for current and former college athletes.

If accepted, the proposed deal, which would also offer $5 million for concussion research, would put an end to an ongoing class-action lawsuit facing the NCAA in federal court. According to the plaintiffs in that case, a 2010 NCAA internal study showed that almost half of college trainers put athletes with signs of concussions back on the field. The suit has been riding a wave of accusations that the NCAA and college teams across the country have put players at risk of brain injuries.

“Student-athletes — not just football players — have dropped out of school and suffered huge long-term symptoms because of brain injuries,” the lead plaintiff’s lawyer, Steve Berman, told The New York Times. “Anything we can do to enhance concussion management is a very important day for student-athletes.”

The settlement would affect men and women across all NCAA divisions. In addition to football, ice hockey and soccer squads, the settlement also affects basketball, wrestling, field hockey and lacrosse teams. All current and former athletes in the NCAA would be eligible for concussion screening and possible damage claims under the proposal.

As part of the deal, college athletes will be required to take a baseline neurological test at the beginning of each year, which will help doctors monitor the effects of potential concussions during the season. Concussion education will also be required for coaches and athletes.

“We have been and will continue to be committed to student-athlete safety, which is one of the NCAA’s foundational principles,” said NCAA Chief Medical Officer Brian Hainline in a statement. “Medical knowledge of concussions will continue to grow, and consensus about diagnosis, treatment and management of concussions by the medical community will continue to evolve. This agreement’s proactive measures will ensure student-athletes have access to high quality medical care by physicians with experience in the diagnosis, treatment and management of concussions.”

TIME Research

The Link Between 9/11 and Cancer Still Isn’t Entirely Clear

National 9/11 Memorial Museum
People visit the National 9/11 Memorial Museum in New York City on May 25, 2014. Cem Ozdel—Anadolu Agency/Getty Images

A number of complicating factors and delayed data make conclusions difficult to draw

The New York Post reported Sunday that the number of cancer cases among 9/11 first respondents had more than doubled in the past year, from 1,140 to over 2,500. However, to scientists who specialize in analyzing such data, the number of cases cannot ever tell the full story.

Dr. Roberto Lucchini is an epidemiologist and director of the World Trade Center Health Program Data Center at Mount Sinai Hospital, which treats and researches the police officers, construction workers, sanitation workers and iron workers who were among the first respondents on 9/11. To Lucchini, the number of observed cancer cases among these patients cannot be significant until compared to the number of expected cancer cases.

“I don’t think there’s a double of cases one year to the other,” Lucchini told TIME. “When you compare one year to the other, you have to be careful and try to understand what you are comparing. If you don’t compare correctly, you can come up with information that is not exactly true.”

“I don’t think they compared like-with-like which is what you normally do in epidemiology,” adds Dr. Billy Holden, a deputy director of the data center. “I don’t know how they came to the conclusion that there was a doubling.”

Mount Sinai has a record of 1,646 confirmed cancers from 2002 to present-day among the over 30,000 first respondents that they oversee. The hospital’s cases are reviewed and certified by the National Institute of Occupational Safety and Health (NIOSH). Meanwhile, the public registry—which also collects data on these cases—has confirmed 1,172 cancers among Mount Sinai patients, but the registry’s number only represents data through the year 2010, which may account for the difference.

“That’s the latest that we have in reliable data that we can use,” Holden says. “The delay is coming from the registries themselves. It takes them a long time to get the data.”

According to a press release from Mount Sinai, “analysis of available data through 2010 shows that there is an approximately 20% increase in cancer incidence in 9/11 rescue and recovery workers compared to the general population, with a particular increase in thyroid cancer, prostate cancer, myeloma, and leukemia.”

This elevated incidence rate could result from the high exposure to carcinogens that many first respondents endured. However, even this number is subject to question due to a number of complicating factors, including over-diagnosis of certain cancers—such as thyroid and prostate—and questionably reliable data for the general population.

“Over-diagnosis means you’re just screening for cancers, and you pick up cancers that in the normal course of things would never cause symptoms and would never cause death,” Holden says. “The screening for thyroid and prostate cancer is picking up these really non-malignant cancers that don’t do anything.”

Another complicating factor is the continued aging of the first respondents. Epidemiologists would expect the number of observed cancer cases among this population to increase over the coming years regardless because everyone’s risk of cancer rises with time. “Numbers are interesting, but they’re not revealing because we have to look at the rates,” Holden says. “Looking at numbers themselves doesn’t mean anything. You have to put them in a certain context.”

The search for a similar context alone can result in frustration for researchers. As so many residents of New York need not be reminded, 9/11 is an event that stands alone in our history.

“There’s nothing like this in the whole history of the world,” Lucchini says. “We can think about Chernobyl or Fukushima, but this is a totally different situation here… So for us to compare this to other studies and other experiences is quite difficult.”

Lucchini adds, “We are doing as much as we can.”

When it comes to the men and women who first responded on that fateful day, the question remains of how much can ever be enough.

TIME Transportation

The TSA Will Give You $15,000 If You Can Make the Lines Faster

TSA Introduces Pre-Screening Pilot Program For Some Passenger Groups
A TSA agent waits for passengers to use the TSA PreCheck lane at Miami International Airport on October 4, 2011. Joe Raedle—Getty Images

Talk about low-hanging fruit

The Transportation Security Administration has offered rewards of up to $15,000 to any inventor who can design the “next generation checkpoint queue,” which hopefully will send the current generation of lines to an early and unmarked grave.

TSA placed an open call for submission on the crowdsourcing site, Innocentive, for anyone who can “apply a scientific and simulation modeling approach to meet queue design and configuration needs of the dynamic security screening environment.” Translation: Get the lines moving.

Submissions must take into account flight schedules, peak travel hours and TSA staff schedules. Reward amounts range from $2,500 for runners-up and at least $5,000 and up to $15,000 for the best ideas — not to mention an ocean of gratitude from millions of flyers.

TIME justice

Louisiana Warden May Release Inmate From 28 Straight Years in Solitary

"When I can conclude he's not gonna cause me the blues, then he can come out of the cell"

A prisoner who has spent 28 straight years in solitary confinement may be released into the general prison population, according to the Louisiana warden who has allegedly kept him confined in a 6 by 9 foot cell for 23 hours a day.

Burl Cain, the warden of the Louisiana State Penitentiary, told reporters for Northwestern University’s Medill Justice Project that he would be ready to transfer the prisoner, Kenny “Zulu” Whitmore, in a “matter of months,” once he has determined that Whitmore no longer poses a threat to other prisoners.

“We’d rather him out, I need his cell,” Cain said in an interview with Medill Justice Project, an investigative journalism project that exposes wrongful convictions. “I’ve got some young people, predators, that need to be in that cell. When I can conclude he’s not gonna cause me the blues, then he can come out of the cell.”

A total of 35 years of solitary confinement, including 28 consecutive years, has taken a toll on Whitmore’s physical and mental health, the prisoner told reporters. His vision has deteriorated and he has developed a case of hypertension. He has filed suit against the warden and other prison officials, claiming his spell in solitary—the longest known case in U.S. history—constituted cruel and unusual punishment and violated his free speech rights.

Whitmore was sentenced to life in prison in 1977 for second-degree murder. Since then, the warden maintains that Whitmore, as a supporter of the Black Panther Party, has espoused beliefs that could provoke other inmates to commit violent attacks.

“The Black Panther Party advocates violence and racism,” Cain said. “I’m not going to let anybody walk around advocating violence and racism.”

Whitmore’s lawyer, Michelle Rutherford, said in a statement that Cain’s comments about the Black Panther Party proved the prisoner’s constitutional rights had been breached.

“Warden Cain’s statement confirms the allegations Mr. Whitmore makes in his civil rights suit: he has been held in a 9′ by 6′ cell for over 35 years because of his political beliefs, not because of any demonstrated violent or disruptive behavior.”

[Medill Justice Project]

TIME Disaster

Rapid Wildfire Threatens Yosemite National Park

A long exposure image shows the El Portal Fire burning near Yosemite National Park, Calif., on July 27, 2014.
A long exposure image shows the El Portal Fire burning near Yosemite National Park, Calif., on July 27, 2014. Stuart Palley—EPA

El Portal blaze was at just 5% containment late Monday

A fast-moving wildfire in Yosemite National Park was threatening to spiral out of control early Tuesday.

While firefighters made progress battling a larger wildfire in northern California’s vineyard country, the El Portal wildfire burning across four square miles of Yosemite and the neighboring Stanislaus National Forest was at just 5% containment late Monday.

Three campsites and several roads were closed and around 100 homes were at risk, despite what the National Park Service said was “incredible firefighting work.”

Read more from our partners at NBC News

TIME States

Family of Georgia Teen Found Dead at School Files New Lawsuit

Kendrick Johnson rally in Atlanta, Georgia
Jacquelyn Johnson, center, and her husband Kenneth, right, speak at a rally on behalf of their dead son Kendrick Johnson at the Georgia State Capitol in Atlanta on Dec. 11, 2013 Erik S. Lesser—EPA

They insist that the death of 17-year-old Kendrick Johnson was murder, and that its aftermath has been a comprehensive cover-up

The family of a Georgia teenager found dead in his high school gymnasium last year has sued school officials, accusing them of ignoring patterns of harassment that some believe culminated in his murder.

On Jan. 11, 2013, a group of students at Lowndes High School in the south Georgia town of Valdosta discovered the body of Kendrick Johnson rolled up in an exercise mat in the school gymnasium. His death, local police investigators determined, was an accident — he had climbed into the center of the mat to fetch a shoe and got stuck — but his parents, Kenneth and Jacquelyn Johnson, were not convinced.

They have filed two lawsuits against the school system in the past three months, CNN reports, both claiming that the relevant authorities willfully ignored a string of incidents in which white students antagonized Kendrick, who was black. The most recent, filed this week, points directly at Lowndes High School’s principal, Jay Floyd, as well as Lowndes County’s Board of Education and its superintendent.

Because of their indifference, the suit says, Kendrick was “violently assaulted, severely injured, suffered great physical pain and mental anguish, and subjected to insult and loss of life.”

His parents insist that his death was a homicide, and its aftermath a conspiratorial cover-up. After local authorities officially dismissed this claim, Kenneth and Jacquelyn Johnson solicited the services of an independent pathologist, who identified “unexplained apparent nonaccidental blunt force trauma” to their son’s neck. When that pathologist, Dr. Bill Anderson, opened up Kendrick’s body for a second autopsy, he discovered its organs were missing, and it had been stuffed with newspaper.

Coroners typically remove organs during the initial autopsy but are expected to replace them; Kendrick’s parents complained they were not consulted.

Federal agencies launched an official investigation last fall, but the process of justice has been torpid. An anonymous email sent in January listing four students responsible for Kendrick’s death is not credible, authorities say.

[CNN]

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