Expert Witness Dinged $300,000 for Making Fake Child Porn

An Ohio lawyer who serves as an expert witness in child pornography cases is on the hook for $300,000 in civil damages for Photoshopping courtroom exhibits of children having sex, a federal appeals court ruled Friday.

Attorney Dean Boland purchased innocent pictures of two juvenile girls from a Canadian stock-image website, then digitally modified them to make it appear as if the children were engaged in sexual conduct.

Boland was an expert witness for the defense in a half-dozen child porn cases and made the mock-ups to punctuate his argument that child pornography laws are unconstitutionally overbroad because they could apply to faked photos.

As a result, in 2007 he found himself the defendant in a deferred federal child-porn prosecution in Ohio, even though his exhibits helped clear at least one client of child-porn-related allegations. Now, a federal appeals court is upholding a $300,000 verdict in a lawsuit brought by the parents of two of the girls whose images Boland doctored.

“This $300,000 award undoubtedly amounts to tough medicine for Boland,” the 6th U.S. Circuit Court of Appeals ruled (.pdf) Friday. “When he created morphed images, he intended to help criminal defendants, not harm innocent children. Yet his actions did harm children, and Congress has shown that it ‘means business’ in addressing this problem by creating sizeable damages awards for victims of this conduct.”

Boland, a former state prosecutor, transformed a picture of a 5-year-old girl eating a doughnut into one of her having oral sex. Another photo was of a 6-year-old girl’s face placed on the body of an adult woman having sex with two men. He purchased the pictures from iStockPhoto, according to court records, and morphed them to help child porn defendants make a nuanced legal defense.

The parents of the children, who were not named in the case, lodged the complaint (.pdf) against him in 2007 after learning of the photo morphing from the FBI. Under the 1986 Child Abuse Victims Rights Act, each victim is entitled to a minimum $150,000 in damages.

Boland argued that he was immune from such a lawsuit because, among other reasons, he’d created the images for use in court, never distributed them, and that the First Amendment protected him.

But the court ruled that it was immaterial that Boland never displayed the images outside of court and never transmitted them electronically.

“The creation and initial publication of the images itself harmed Jane Doe and Jane Roe, and that is enough to remove Boland’s actions from the protections of the First Amendment,” the appeals court ruled.

The law under which the parents sued demands proof that the girls suffered “personal injury.” But Boland argued that the children didn’t know about the pictures, a point the appeals court said was immaterial.

“Even if Doe and Roe never see the images, the specter of pornographic images will cause them ‘continuing harm by haunting [them] in years to come,” the appeals court said.

Boland’s morphing was to help those caught possessing child pornography make a nuanced legal defense. Child-porn laws prohibit “knowingly” accessing child pornography. The morphed images were a bid to demonstrate that the law violated the First Amendment on “vagueness and over-breadth grounds,” because a defendant could not know whether what he was viewing was an actual or virtual image of a child having sex.

Boland did not immediately respond for comment.

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“Carrie Diaries” Gets January Premiere Date

NEW YORK (TheWrap.com) – The 1980s-set “Sex and the City” prequel “The Carrie Diaries” will debut on the CW on Monday, January 14, the network announced.

“90210,” meanwhile, will move to its new 9 p.m. timeslot. And most CW shows will return from holiday break during that week.

“The Carrie Diaries,” one of the CW’s most-anticipated shows, stars AnnaSophia Robb as 16-year-old Carrie Bradshaw, who discovers the flashing lights of Manhattan as she copes with the death of her mother. She quickly discovers a vibrant and thrilling club scene.

Based on the novels by Candace Bushnell, “The Carrie Diaries” is from Warner Bros. Television and CBS Television Studios, in association with Fake Empire, with executive producers Josh Schwartz (“Hart of Dixie,” “Gossip Girl“), Stephanie Savage (“Hart of Dixie,” “Gossip Girl”), Len Goldstein (“Hart of Dixie”) Amy B. Harris (“Gossip Girl”) and Bushnell.

TV News Headlines – Yahoo! News

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FEMA Chief Tours Damaged NYU Langone Medical Center

The federal government’s emergency management chief trudged through darkened subterranean hallways covered with silt and muddy water Friday, as he toured one of New York City’s top academic medical centers in the aftermath of Hurricane Sandy. The basement of the complex, NYU Langone Medical Center in Manhattan, smelled like the hold of a ship — a mixture of diesel oil and water.

“You’re going to deal with the FUD — fear, uncertainty and doubt,” W. Craig Fugate, administrator of the Federal Emergency Management Agency, told NYU Langone officials afterward, as they retreated to a conference room to catalog the losses. “Don’t look at this. Think about what’s next.”

NYU Langone, with its combination of clinical, research and academic facilities, may have been the New York City hospital that was most devastated by Hurricane Sandy. What’s next is a spectacularly expensive cleanup.

Dr. Robert I. Grossman, dean and chief executive of NYU Langone, looking pale and weary — as if he were, indeed, struggling to hold back the FUD — estimated that the storm could cost the hospital $700 million to $1 billion. His estimate included cleanup, rebuilding, lost revenue, interrupted research projects and the cost of paying employees not to work.

As the hurricane raged, the East River filled the basement of the medical center, at 32nd Street and First Avenue, knocked out emergency power and necessitated the evacuation of more than 300 patients over 13 hours in raging wind, rain and darkness. It disrupted medical school classes and shut down high-level research projects operating with federal grants.

Mr. Fugate arrived to inspect the damage and help plot the institution’s recovery, the advance guard of what aides said would be a hospital task force. He was brought in by Senator Charles E. Schumer of New York, who kept saying that there was nothing like seeing the damage firsthand to understand how profound it really was.

“What was that movie — ‘Contagion?’ ” Mr. Schumer said, marveling at the hellish scene.

NYU Langone’s patients, a major source of revenue, have been scattered to other hospitals, creating a risk that they may never return. Dr. Grossman said he was counting on those patients’ loyalty.

John Sexton, president of New York University, which includes NYU Langone, and who also met with Mr. Fugate, raised fears that researchers might be lured away to other institutions because their grants were ticking away on deadline or because they must publish or perish. Outside the hospital, tanks of liquid nitrogen testified to the efforts to keep research materials from spoiling.

In inky blackness, the group stood at the brink of the animal section of the Smilow Research Center, where rodents for experiments had been kept, but they did not go inside. On Nov. 3, a memo sent to NYU Langone researchers said the animal section, or vivarium, was “completely unrecoverable.”

Dr. Grossman said that scientists had managed to save some rodents by raising their cages to higher ground.

A modernized lecture hall with raked seats used by medical students had been filled “like a bathtub,” he said, though it was dry on Friday. The library, he said, “is basically gone.”

Four magnetic resonance scanners, a linear accelerator and gamma knife surgery equipment, kept in the basement, were now worthless. Dr. Grossman said that in the future, he wanted to move such equipment, which is very heavy, to higher floors.

Electronic medical records were protected by a server in New Jersey, he said.

Richard Cohen, vice president for facilities operations, took the group past piles of sandbags and a welded steel door that had been blown out by the force of the flood. “That door was put in around 1959 to 1960, when doors were really doors,” Mr. Cohen said. “And this thing is completely torsionally twisted. I’ve never seen anything like that.”

Walking to the back of the hospital, Mr. Cohen used a loading dock as a measuring stick to estimate that the surge had risen to 14 ½ feet. “We were prepared for 12 feet, no problem,” Dr. Grossman said.

Dr. Grossman said it would take a couple of more weeks of assessing the damage to determine when the hospital could reopen. Outpatient business is already returning. Research and some inpatient services will come next.

Mr. Fugate said his agency would help cover the uninsured losses, and urged NYU Langone officials to move ahead.

At this point, Dr. Grossman said, he could only theorize as to why the generators had shut down. All but one generator is on a high floor, but the fuel tanks are in the basement. The flood, he said, was registered by the liquid sensors on the tanks, which then did what they were supposed to do in the event, for instance, of an oil leak. They shut down the fuel to the generators.

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Black Friday Deals Will Start Earlier This Year

There was an outcry last year when some retailers opened at midnight on Thanksgiving, with workers and shoppers saying the holiday should be reserved for family, not spent lining up for the start of the Christmas shopping season.

This year, retailers are responding to the criticism by opening even earlier on Thanksgiving evening — and a handful are even planning to be open all day.

The lesson of 2011 was clear: earlier shopping hours were good for the top line. Retailers said their midnight openings drew a younger crowd who wanted to party — and shop — late rather than get up early. At Macy’s Herald Square store in Manhattan, for instance, about 9,000 people were in line as it opened, compared with 7,000 for an early Friday opening the previous year.

“We got customer feedback that says, ‘I like to shop earlier so I can go to bed earlier,’ so as we looked at the balance of being competitive in the marketplace and being customer-centric,” said Duncan Mac Naughton, chief merchandising and marketing officer for Wal-Mart, which will put its first doorbuster items on sale at 8 p.m. on Thanksgiving.

Just a few years ago, most major stores opened about 5 a.m. on the Friday after Thanksgiving, usually the busiest shopping day of the year. This year, not only are the openings scattered across two days, but several retailers are offering staggered deals — some items at a certain time, other items a few hours later, still others over the weekend.

“We had Black Friday pretty cleanly teed up, with, here are the ads, here are the stores opening Friday morning, pick a retailer and go,” said Brad Wilson, who lists Black Friday ads at BradsDeals. “Now you have this multiday affair, and you can go at different times.”

Kmart has perhaps the most confusing hours. Like last year, it will open at 6 a.m. on Thanksgiving. It will then stay open until 4 p.m., close from 4 to 8 p.m., reopen at 8, stay open until 3 a.m. on Friday, close from 3 to 5 a.m., reopen at 5, and then stay open until 11 p.m. on Friday.

Sears, which was closed on Thanksgiving last year, will open at 8 p.m. on Thursday night.

Sears Holdings, which owns both Sears and Kmart, said in a news release that customers wanted “more flexible Black Friday in-store shopping times.”

Lord & Taylor was closed last year on Thanksgiving, but this year it will be open from 10 a.m. to 7 p.m.

Walmart, which is generally open 24 hours anyway, is offering the first deals on Thanksgiving two hours earlier than last year. Mr. Mac Naughton said customer feedback and competitiveness with other retailers were factors.

Target, which last year got angry feedback from employees when it opened at midnight on Thanksgiving, this year moved it up three hours to 9 p.m., according to a holiday circular posted online on Friday.

Some workers object to Thanksgiving Day holiday openings, saying it cuts into family time. It shows “disregard for all of our families,” said Mary Pat Tifft, a Walmart employee in Kenosha, Wis., who is part of the union-backed OUR Walmart group, in a statement. But in many cases, it can also mean a higher hourly pay rate for holiday duty.

Now, the handful of retailers who are holding off until midnight on Thanksgiving suddenly look like the respectful ones.

“We believe that Thanksgiving Day is a time to spend and celebrate with family, and we want our associates to do so,” said Jim Sluzewski, a spokesman for Macy’s, which will open at midnight. Kohl’s will also open at midnight Thanksgiving, as will Best Buy, according to a circular posted online Friday.

Companies are also sprinkling sales throughout the weekend in an effort to keep traffic coming.

After its initial 8 p.m. sale, Walmart will put another set of items on sale at 10, and a third group at 5 a.m. Friday. “Whether they like to start early, stay up late, or go to bed early and get up early, we’re going to have three different events that will meet their needs,” Mr. Mac Naughton said. Then, Walmart will “kick off a weekend full of savings with more specialty offers” on items like jewelry, sewing machines and tools.

Target, after its 9 p.m. doorbuster special, will offer a free gift card for purchases made between 4 a.m. and noon on Friday, according to the circular posted on Mr. Wilson’s site and elsewhere. (Target declined to confirm the authenticity of the circular, saying it had not yet publicly announced holiday details.)

Sears will do a second wave of promotions at 4 a.m. on Friday, eight hours after it opens. Sports Authority will do some doorbusters at its midnight opening, then put numerous others on sale over the weekend. And Ace Hardware is offering different percentages or dollars off, on Friday, Saturday and Sunday.

Mr. Wilson of BradsDeals says the retailers may be intentionally trying to confuse shoppers. “They’re trying to introduce more variables,” he said, to make it harder to figure out exactly which is the best deal.

All of the twists and turns, though, may just end up frustrating consumers.

Only 6 percent of shoppers plan to hit stores on Thanksgiving night, and just under one-fifth will go to stores on Black Friday, according to a new survey from Ipsos and Offers.com, accurate within three percentage points.

At least one major retailer is going against the grain. Sam’s Club, which last year opened at 5 a.m. on Black Friday, this year is opening two hours later, at 7 a.m., and offering coffee and pastries to shoppers.

“If they want to chill out on Thanksgiving day and not go out and get into the rat race of everything, they can do that,” said Todd Harbaugh, executive vice president for operations at Sam’s Club. “Our members said they want hassle-free shopping.”

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L.A. housing authority rife with fiscal mismanagement, audit finds

Los Angeles' housing authority, which runs on about $1 billion a year in taxpayer funds, is plagued by bad financial management that causes "questionable practices and poor decisions," according to an audit released Thursday by City Controller Wendy Greuel.

Greuel launched the audit last year amid an outcry over hefty taxpayer-funded restaurant tabs for agency officials and a $1-million-plus payout for the authority's fired executive director. The agency is responsible for sheltering about 75,000 of the city's neediest households.

A previous audit found instances of questionable spending by some agency officials, including double and triple billing for some travel and meal expenses. This audit, which looked at the agency's fiscal operations, did not uncover wrongdoing. But it did find that despite the authority's hefty budget and history of scandal going back decades, agency officials have done little to make sure money is properly managed.

Financial oversight was so lax, the audit found, that the agency's board of commissioners did not receive any financial statements or budget status reports during much of 2011 or the early part of 2012, except for one oral report last spring and one annual financial report that was presented nine months after the year had ended. A proposed budget presented to the board for 2012 was not balanced and contained contradictory statements.

"All of this suggests an agency that is out of control," said Greuel, a candidate for mayor. "The city cannot afford to continue spending its housing dollars irresponsibly."

One tenant advocate, Larry Gross, executive director of the L.A. Coalition for Economic Survival, said the lack of financial information given to the board and public was baffling.

"Whoever was on that board was clearly asleep at the wheel," he said. Many of the board members have been replaced in recent years.

Housing authority officials said they agreed with many of the audit's conclusions and will use the findings to guide reforms. Under recently hired Chief Executive Doug Guthrie, officials said they have already instituted a number of new practices, including financial training for all board members, stepped up financial reporting to the board and public, and the arrival of a new chief financial officer with expanded powers.

"We asked for this audit, we paid for the audit and we worked closely with the city controller's office" as the audit was underway, Guthrie said. "There's a lot of good stuff in the audit that helps us."

Mayor Antonio Villaraigosa released a statement expressing support for Guthrie, who was hired last spring after the previous executive director, Rudolf Montiel, was fired and then paid $1.2 million to settle allegations that he was let go in retaliation for reporting improper spending by board members. Montiel had earlier drawn the ire of city leaders when his agency tried to evict nine tenants who protested the agency's policies outside his home.

"The housing authority has worked diligently to win back the trust of the people," Villaraigosa said.

But some City Council members expressed anger at the latest audit findings.

"There's a lot of problems over there, and obviously, the problems haven't gone away," said Councilman Dennis Zine, a candidate for controller. "Maybe it's time for the grand jury to investigate."

Zine also said he would like the City Council to have more authority over the agency. Under a hybrid governing structure, the mayor appoints the authority's seven board members, but the council lacks the ability to review spending decisions, a power it has over many other city departments.

The audit also found that the agency's list of assets contained at least $100 million worth of property that had been disposed of or no longer had much value, such as refrigerators and stoves that had been purchased in the 1970s. No inventory of its fixed assets had been performed in at least seven years.

In addition, the agency did not always follow its own rules when it came to awarding contracts to vendors, in one case allowing someone to sit on a bid selection panel after he had declared a conflict of interest.

jessica.garrison@latimes.com

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Drone War in Afghanistan Peaks as Human Troops Withdraw

Forget Pakistan, Yemen, Somalia, and all the other secret warzones. The real center of the U.S. drone campaign is on the hottest battlefield of all: Afghanistan.

The American military has launched 333 drone strikes this year in Afghanistan. That’s not only the highest total ever, according to U.S. Air Force statistics. It’s essentially the same number of robotic attacks in Pakistan since the CIA-led campaign there began nearly eight years ago. In the last 30 days, there have been three reported strikes in Yemen. In Afghanistan, that’s just an average day’s worth of remotely piloted attacks. And the increased strikes come as the rest of the war in Afghanistan is slowing down.

The secret drone campaigns have drawn the most scrutiny because of the legal, geopolitical, and ethical questions they raise. But it’s worth remembering that the rise of the flying robots is largely occurring in the open, on an acknowledged battlefield where the targets are largely unquestioned and the attending issues aren’t nearly as fraught.

“The difference between the Afghan operation and the ones operations in Pakistan and elsewhere come down to the fundamental differences between open military campaigns and covert campaigns run by the intelligence community. It shapes everything from the level of transparency to the command and control to the rules of engagements to the process and consequences if an air strike goes wrong,” e-mails Peter W. Singer, who runs the Brookings Institution’s 21st Century Defense Initiative. (Full disclosure: I have a non-resident fellowship there.) “This is why the military side has been far less controversial, and thus why many have pushed for it to play a greater role as the strikes slowly morphed from isolated, covert events into a regularized air war.”

The military has 61 Predator and Reaper “combat air patrols,” each with three or four robotic planes. The CIA’s inventory is believed to be just a fraction of that: 30 to 35 drones total, although there is thought to be some overlap between the military and intelligence agency fleets. The Washington Post reported last month that the CIA is looking for another 10 drones as the unmanned aerial vehicles (UAVs) become more and more central to the agency’s worldwide counterterror campaign.

In Pakistan, those drones are flown with a wink and a nod, to avoid the perception of violating national sovereignty. In Yemen, the robots go after men just because they fit a profile of what the U.S. believes a terrorist to be. In both countries, people are considered legitimate targets if they happen to be male and young and in the wrong place at the wrong time. The White House keeps a “matrix” on who merits robotic death, and Congress is essentially kept in the dark about the whole thing.

None of these statements is true about the drone war in Afghanistan, where strikes are ordered by a local commander, overseen by military lawyers, conducted with the (sometimes reluctant) blessing of the Kabul government, and used almost entirely to help troops under fire. The UAVs aren’t flown to dodge issues of sovereignty or to avoid traditional military assets. They’re used because they work better — staying in the sky longer than traditional aircraft and employing more advanced sensors to make sure the targets they hit are legit.

The U.S. military is now launching more drone strikes — an average of 33 per month — than at any moment in the 11 years of the Afghan conflict. It’s a major escalation from just last year, when the monthly average was 24.5. And it’s happening while the rest of the American war effort is winding down: There are 34,000 fewer American troops than there were in 2010; U.S. casualties are down 40 percent from 2010′s toll; militant attacks are off by about a quarter; civilian deaths have declined a bit from their awful peak.

Even the overall air war is shrinking. Surveillance sorties are down, from an average of 3,183 per month last year to 2,954 in 2012. So are missions in which U.S. aircraft fire their weapons. That used to happen 450 times per month on average in 2011. This year, the monthly total has dropped to 360.

In other words, drone strikes in Afghanistan now make up about 9 percent of the overall total of aerial attacks. Last year, it was a little more than 5 percent. The UAVs are growing in importance while the rest of the military is receding.

“The numbers are yet another powerful data point illustrating the fact that unmanned systems are here and they are here to stay. They show their growing use, even as overall air strikes go down,” e-mails Singer, who first noticed the drone strike increase.

When Barack Obama began his first term in the White House, many in his administration pushed for keeping the number of troops in Afghanistan relatively small while boosting the number of drone strikes. At the time, Obama decided to go in a different direction. But now, as he gets set for the start of his second term, the president appears ready to embrace his internal critics, and leave Afghanistan to the robots.

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Roger Waters plays with band of wounded veterans

NEW YORK (AP) — Roger Waters honored wounded veterans in New York by performing with them at the annual Stand Up for Heroes benefit, Thursday night.

The founding member of Pink Floyd took to the stage of the Beacon Theater with 14 wounded soldiers he met recently at the Walter Reed Army Medical Center in Washington, D.C. He rehearsed with them at the hospital, and for the past few days in New York.

The event benefited the Bob Woodruff Foundation, which helps returning veterans and their families, and featured Waters, Bruce Springsteen, Ricky Gervais, Robin Williams, and others.

Before the show, Waters chatted with veterans and called the experience “fantastic.” He says he’s “looking forward to pulling for the rest of these guys with their comrades” during the healing process.

He says that he shares “enormous empathy with the men.”

“I lost my grandfather in 1916 and my father in 1944, so I’ve been around the sense of loss and what loss from war can do to people,” Waters said.

“I never talk about the politics because it’s not relevant to me. I’m not interested in it,” he said. “What I am interested in is the burdens these guys bear and would never question motive or even dream of talking about any of the politics.”

He added: “If any of us have a responsibility in our lives it is to tear down the walls of indifference and miscommunication between ourselves and our fellow men.”

Waters said he rehearsed with many of the soldiers at the hospital in between their medical procedures. Before the show, he walked the red carpet with Staff Sgt. Robert Henline, who was not in the band. In 2007, Henline was the sole survivor of a roadside bombing north of Baghdad. As a result, he suffered burns over 38 percent of his body and his head was burned to the skull.

Henline, who fought for his life after the attack, has endured more than 40 surgeries.

Still, he maintains a sense of humor. On the open red carpet on a chilly night, Waters pushed closer to Henline for warmth.

“Get next to the burn guy. I’m good. I’m heated up,” Henline joked.

No surprise. The retired soldier says he’s been doing stand-up comedy for the past year and a half.

Waters performed three songs with the veterans, including the Pink Floyd classic, “Wish You Were Here.”

Waters said he didn’t think there would be a reunion with his former band.

“I think David (Gilmour) is retired by and large. I shouldn’t speak for him. But that’s the impression I get.”

Waters then added: “Hey whatever. All good things come to an end.”

While his mammoth tour of “The Wall” ended this summer, Waters promised the theatrical version would hit the Broadway stage in the near future.

The Bob Woodruff Foundation has supported more than 1 million veterans, service members, and their families since it began in 2008.

_____

John Carucci covers entertainment for The Associated Press. Follow him at —http://www.twitter.com/jcarucci_ap

Entertainment News Headlines – Yahoo! News

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Recipes for Health: Sweet Potato and Apple Kugel — Recipes for Health

Andrew Scrivani for The New York Times

I’ve looked at a number of sweet potato kugel recipes, and experimented with this one a few times until I was satisfied with it. The trick is to bake the kugel long enough so that the sweet potato softens properly without the top drying out and browning too much. I cover the kugel during the first 45 minutes of baking to prevent this. After you uncover it, it’s important to baste the top every 5 to 10 minutes with melted butter.

 

4 eggs

Salt to taste

2 large sweet potatoes (1 3/4 to 2 pounds total), peeled and grated

2 slightly tart apples, like Gala or Braeburn, peeled, cored and grated

1 tablespoon fresh lime juice

1 tablespoon mild honey or agave nectar

3 to 4 tablespoons melted unsalted butter, as needed

 

1. Heat the oven to 375 degrees. Butter a 2-quart baking dish.

2. In a large mixing bowl, beat the eggs with salt to taste (I suggest about 1/2 teaspoon). Add the grated sweet potatoes and the apples. Pour the lime juice over the grated apples and sweet potatoes, then stir everything together. Combine the honey and 2 tablespoons of the melted butter and stir together, then toss with the sweet potato mixture and combine well.

3. Transfer the mixture to the prepared baking dish. Cover the dish tightly with foil and place in the oven. Bake 45 minutes. Remove the foil and brush the top of the kugel with melted butter. Return to the oven and bake for another 15 to 20 minutes or longer, brushing every 5 minutes with butter. The kugel is ready when the edges are browned, the top is browned in spots and the mixture is set. Remove from the heat and allow to cool for 10 to 15 minutes before serving.

Yield: 8 servings.

Advance preparation: You can make this a day ahead and reheat in a medium oven.

Nutritional information per serving (6 servings): 187 calories; 7 grams fat; 4 grams saturated fat; 1 gram polyunsaturated fat; 2 grams monounsaturated fat; 104 milligrams cholesterol; 28 grams carbohydrates; 4 grams dietary fiber; 91 milligrams sodium (does not include salt to taste); 5 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Blue reign in Sacramento: Democrats dominate California voting

SACRAMENTO — Gov. Jerry Brown and his fellow Democrats are on the cusp of a coveted supermajority in both the Assembly and Senate, giving them the rare power to raise taxes without any Republican support.

No single party has held such a supermajority in Sacramento since 1933.

To cement the dual two-thirds majorities when the Legislature gets down to business next year, Democrats must hold onto one of two Senate seats to be vacated and a few Assembly seats won in tight races. The Senate seats will be filled in special elections expected in March.

The supermajorities would mark a dramatic shift in Sacramento's balance of power, where GOP legislators have aggressively used their ability to block state budget plans and prevent revenue increases to scale back the scope of state government.

Coupled with the approval of Brown's tax plan, Proposition 30, the Democrats now have not only the power but also the money to break free of the deficit that has paralyzed state government for years.

The pressure on Democrats to restore funding for the many services slashed to balance the budget in recent years will be intense.

Already, activists are pressing lawmakers to pump new money into such programs as college scholarships, dental care for the needy and, of course, public schools.

But the first move Brown and legislative leaders made Wednesday was to reassure voters that they would show restraint.

They promised there would be no frenzy of tax hikes.

"Voters have trusted the elected representatives, maybe even trusted me to some extent, and now we've got to meet that trust," Brown said at a Wednesday news conference in the Capitol. "We've got to make sure over the next few years that we pay our bills, we invest in the right programs, but we don't go on any spending binges."

Still, lawmakers can appear to hold the line on revenue generation without actually doing so.

Supermajorities allow lawmakers to impose new fees to pay for infrastructure and other programs that are not technically defined as taxes.

And the same Democrats who are talking tough about fiscal responsibility this week have for years been touting the programs they want to restore or start once the opportunity is there. In addition to raising revenue, they would also be empowered to bring constitutional changes and other measures to voters without any GOP signoff — and to override gubernatorial vetoes.

Given a supermajority, "We're going to use it," Senate President Darrell Steinberg (D-Sacramento) said Wednesday.

"It will be an awesome responsibility," Steinberg said. "But it's very exciting.''

Steinberg briefed the media on his desire to overhaul the tax code.

The result, he acknowledged, could be more money for the state budget.

Assembly Speaker John A. Pérez (D-Los Angeles), who vowed there would be no additional tax increases next year, laid out goals that could trigger more government spending, such as helping students pay for college.

The success Tuesday of Brown's Proposition 30, which raises billions of dollars through temporary income-tax increases on high earners and a quarter-cent surcharge on sales, gives lawmakers breathing room they have not had in years.

With one election, a deficit that has rendered Sacramento dysfunctional and threatened to ravage public schools has been largely wiped out.

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A Google-a-Day Puzzle for Nov. 8

Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.

SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!

Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.

And now, without further ado, we give you…

TODAY’S PUZZLE:

Note: Ad-blocking software may prevent display of the puzzle widget.

Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @wiredgeekdad on Twitter.

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