Ex-Bell officials defend themselves as honorable public servants









Less than three years ago, they were handcuffed and taken away in a case alleged to be so extensive that the district attorney called it "corruption on steroids."


But on Monday, two of the six former Bell council members accused of misappropriating money from the small, mostly immigrant town took to the witness stand and defended themselves as honorable public servants who earned their near-$100,000 salaries by working long hours behind the scenes.


During her three days on the stand, Teresa Jacobo said she responded to constituents who called her cell and home phone at all hours. She put in time at the city's food bank, organized breast cancer awareness marches, sometimes paid for hotel rooms for the homeless and was a staunch advocate for education.





"I was working very hard to improve the lives of the citizens of Bell," she said. "I was bringing in programs and working with them to build leadership and good families, strong families."


Jacobo, 60, said she didn't question the appropriateness of her salary, which made her one of the highest-paid part-time council members in the state.


Former Councilman George Mirabal said he too worked a long, irregular schedule when it came to city affairs.


"I keep hearing time frames over and over again, but there's no clock when you're working on the council," he said Monday. "You're working on the circumstances that are facing you. If a family calls … you don't say, '4 o'clock, work's over.' "


Mirabal, 65, said he often reached out to low-income residents who didn't make it to council meetings, attended workshops to learn how to improve civic affairs and once even made a trip to a San Diego high school to research opening a similar tech charter school in Bell.


"Do you believe you gave everything you could to the citizens of Bell?" asked his attorney, Alex Kessel.


"I'd give more," Mirabal replied.


Both Mirabal and Jacobo testified that not only did they perceive their salaries to be reasonable, but they believed them to be lawful because they were drawn up by the city manager and voted on in open session with the city attorney present.


Mirabal, who once served as Bell's city clerk, even went so far as to say that he was still a firm supporter of the city charter that passed in 2005, viewing it as Bell's "constitution." In a taped interview with authorities, one of Mirabal's council colleagues — Victor Bello — said the city manager told him the charter cleared the way for higher council salaries.


Prosecutors have depicted the defendants as salary gluttons who put their city on a path toward bankruptcy. Mirabal and Jacobo, along with Bello, Luis Artiga, George Cole and Oscar Hernandez, are accused of drawing those paychecks from boards that seldom met and did little work. All face potential prison terms if convicted.


Prosecutors have cited the city's Solid Waste and Recycling Authority as a phantom committee, created only as a device for increasing the council's pay. But defense attorneys said the authority had a very real function, even in a city that contracted with an outside trash company.


Jacobo testified that she understood the introduction of that authority to be merely a legal process and that its purpose was to discuss how Bell might start its own city-run trash service.


A former contract manager for Consolidated Disposal Service testified that Bell officials had been unhappy with the response time to bulky item pickups, terminating their contract about 2005, but that it took about six years to finalize because of an agreement that automatically renewed every year.


Deputy Dist. Atty. Edward Miller questioned Mirabal about the day shortly after his 2010 arrest that he voluntarily told prosecutors that no work was done on authorities outside of meetings.


Mirabal said that if he had made such a statement, it was incorrect. He said he couldn't remember what was said back then and "might have heed and hawed."


"So it's easy to remember now?" Miller asked.


"Yes, actually."


"More than two years after charges have been filed, it's easier for you to remember now that you did work outside of the meetings for the Public Finance Authority?"


"Yes, sir."


Miller later asked Mirabal to explain a paragraph included on City Council agendas that began with the phrase, "City Council members are like you."


After some clarification of the question, Mirabal answered: "That everybody is equal and that if they look into themselves, they would see us."


corina.knoll@latimes.com





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Report Faults Priorities in Breast Cancer Research


Too little of the money the federal government spends on breast cancer research goes toward finding environmental causes of the disease and ways to prevent it, according to a new report from a group of scientists, government officials and patient advocates established by Congress to examine the research.


The report, “Breast Cancer and the Environment — Prioritizing Prevention,” published on Tuesday, focuses on environmental factors, which it defines broadly to include behaviors, like alcohol intake and exercise; exposures to chemicals like pesticides, industrial pollutants, consumer products and drugs; radiation; and social and socioeconomic factors.


The 270-page report notes that scientists have long known that genetic and environmental factors contribute individually and also interact with one another to affect breast cancer risk. Studies of women who have moved from Japan to the United States, for instance, show that their breast cancer risk increases to match that of American women. Their genetics have not changed, so something in the environment must be having an effect. But what? Not much is known about exactly what the environmental factors are or how they affect the breast.


“We know things like radiation might cause breast cancer, but we don’t know much that we can say specifically causes breast cancer in terms of chemicals,” said Michael Gould, a professor of oncology at the University of Wisconsin, Madison, and a co-chairman of the 23-member committee that prepared the report.


At the two federal agencies that spend the most on breast cancer, only about 10 percent of the research in recent years involved environment and prevention. From 2008 to 2010, the National Institutes of Health spent $357 million on environmental and prevention-related research in breast cancer, about 16 percent of all the financing for the disease. From 2006 to 2010, the Department of Defense spent $52.2 million on prevention-oriented research, about 8.6 percent of the money devoted to breast cancer. Those proportions were too low, the group said, though it declined to say what the level should be.


“We’re hedging on that on purpose,” Dr. Gould said. “It wasn’t the role of the committee to suggest how much.”


He added, “We’re saying: ‘We’re not getting the job done. We don’t have the money to get the job done.’ The government will have to figure out what we need.”


Jeanne Rizzo, another member of the committee and a member of the Breast Cancer Fund, an advocacy group, said there was an urgent need to study and regulate chemical exposures and inform the public about potential risks. “We’re extending life with breast cancer, making it a chronic disease, but we’re not preventing it,” she said.


“We have to look at early life exposures, in utero, childhood, puberty, pregnancy and lactation,” Ms. Rizzo said. “Those are the periods when you get set up for breast cancer. How does a pregnant woman protect her child? How do we create policy so that she doesn’t have to be a toxicologist when she goes shopping?”


Michele Forman, a co-chairwoman of the committee and an epidemiologist and professor of nutritional sciences at the University of Texas, Austin, said the group found that breast cancer research at various government agencies was not well coordinated and that it was difficult to determine whether there was duplication of efforts.


She said that it was essential to study how environmental exposures at different times of life affected breast-cancer risk, and that certain animals were good models for human breast cancer and should be used more.


The report is the result of the Breast Cancer and Environmental Research Act, which was passed in 2008 and required the secretary of health and human services to create a committee to study breast cancer research. A third of the members were scientists, a third were from government and a third were from advocacy groups. The advocates, Dr. Forman said, brought a sense of urgency to the group


“People who are not survivors need to have that urgency there,” she said.


Pointing to the vaccine now being offered to girls to prevent cervical cancer, Dr. Forman said, “I look forward to the day when we have an early preventive strategy for breast cancer.”


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Bits: Where the Singles Are: A Dating Guide by ZIP Code

At Trulia, a residential real estate Web site, the analysts are constantly crunching data — home and apartment listings, prices, school ratings, crime rates and other numbers.

With Valentine’s Day coming this week, Jed Kolko, Trulia’s chief economist and head of analytics, decided to sift through household, gender, city and neighborhood data in America. If you’re looking for someone single of the opposite sex, where are your chances best and worst, statistically speaking?

He posted his findings on the Trulia Trends site on Monday.

According to Trulia’s analysis, men living alone most outnumber women living alone in Las Vegas; Honolulu; Palm Bay, Fla.; Gary, Ind.; and San Jose, Calif.

Women most outnumber men in Bethesda, Md.; Washington; Boston; New York; and Raleigh, N.C.

At the broader metropolitan level, Mr. Kolko said in an interview, labor markets are typically the determining factor. Men outnumber women in regions that have a higher proportion of technology, manufacturing and construction jobs. Women outnumber men most in places with more professional services jobs and in bigger cities.

The data sets for many thousands of ZIP codes, Mr. Kolko explained, all came from the 2010 census and were downloaded onto a laptop, then sliced, diced and manipulated using Stata data analysis and statistical software.

The data was massaged a bit. Only people living alone were counted; an earlier survey showed singles prefer to date someone who lives alone. And this time, Mr. Kolko factored out the gay and lesbian population, using the assumption that the share of gay or lesbian singles in neighborhoods would be roughly equal to same-sex couples living in those neighborhoods. (Last year, Mr. Kolko did an analysis of the ZIP code neighborhoods with the highest shares of gays and lesbians.)

Local industries may play a large role in gender populations for cities as a whole. But neighborhoods, Mr. Kolko said, are a more genuine reflection of where people want to live. So for each of the 10 largest metropolitan areas, he calculated the ZIP codes with the highest ratio of men to women, and women to men.

Men, Mr. Kolko observed, tend to settle near downtown or in recently redeveloped neighborhoods like the Waterfront in Boston or Long Island City in New York. Women are more likely to live in residential areas, including the Marina in San Francisco and Queen Anne in Seattle, and neighborhoods that are seen as safe and are more affluent, like the Upper East Side of New York and Upper Connecticut Avenue in Washington.

More women in high-income neighborhoods? Is this another sign of the much-discussed trend of women doing better than men? Mr. Kolko did not push the data that far. “It probably says more about where men and women choose to live in a given city rather than which gender is more successful,” he said.

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Locals believe bobcat trappers are crossing the line in Joshua Tree









JOSHUA TREE — Annica Kreuter's backyard on the edge of Joshua Tree National Park has been a perfect place to chronicle the adventures of eight bobcats.


Over the last decade she has watched a young bobcat chased up a tree by a coyote; an alpha male surveying the landscape from the hood of her car; a kitten sauntering into the yard as she gardens; a matron sniffing the back of Kreuter's neck as she napped on a hammock.


Lately, seven of the eight have vanished. "At sunrise, I hear the one that is still here crying for his family," Kreuter said.





She and others in this high desert community of about 8,000 say bobcats have been disappearing lately, killed for the value of their pelts by trappers who often trespass on private property. The trappers come armed with wire cages, squirt bottles of potent scent and bobcat lures: battery-powered vibrating pet toys festooned with feathers to resemble dying birds.


Hunting and trapping bobcats is legal during hunting season outside of the national park boundaries. But to the locals, that makes little difference. "The very idea of trapping in a place where bobcats are so well-known they have nicknames — Big Gray, Leroy, Tomboy — is disturbing and heartbreaking," Kreuter said.


As one of the top predators of a 720,000-acre park visited by 1.4 million people each year, the bobcat's presence — or absence — has a cascade of consequences, making it a governing force of the ecosystem and the local ecotourism economy. An adult bobcat stands about 15 inches high and can cover 25 to 30 miles of territory in a day. Using razor-sharp claws and powerful legs, it preys on rabbits and makes a significant contribution to rodent control.


Critics believe the trappers are after bobcats that routinely crisscross the invisible park boundary lines.


"This is really, really bad," said astronomer and conservationist Tom O'Key, who was the first to discover a trap. "These guys are carpetbaggers coming onto private land to slaughter bobcats with no regard for a tight-knit community that cares deeply about the national park and its wildlife."


O'Key alerted the community after finding a trap chained to a jojoba bush and camouflaged with broken branches and leaves on his property north of the park. He notified the San Bernardino County Sheriff's Department and the Hi-Desert Star newspaper.


Bobcats are being targeted for the value of their pelts in top-dollar markets such as China, Russia and Greece. A premium pelt of heavily spotted white belly fur can earn a trapper more than $600, according to Nathan Brock, who skinned 10 bobcats that he captured in the Joshua Tree area during the hunting season that ended Jan. 31.


Brock, 38, an active-duty Marine stationed at nearby Twentynine Palms Marine Corps Base, acknowledged that one of his traps was set on private property and not on federal Bureau of Land Management grounds, where trapping is legal. The region is a patchwork of private property and BLM land.


"I feel horrible about that," Brock said. "It's my fault for not making sure."


The manufacturer of Brock's trap, Mercer Lawing of Barstow, said critics miss the point. "We love those animals more than the people who are complaining about us trapping them do," Lawing said. "Nathan and I harvest adult male cats and turn loose adult females and kittens."


The national park has taken a neutral position on the issue, given that its jurisdictional reach extends only as far as its boundaries.


However, park biologist Michael Vamstad said, "Residents have every right to be upset. The fact that there is no limit on bobcats that can be legally taken during hunting season doesn't jibe along the edges of a national park. It's a relic regulation."


Conservationists are calling for a "no-trapping" buffer zone in the area because bobcats travel along a web of interconnected wildlife corridors stretching from the national park to the Marine base about 10 miles to the north.


"The law has to change if it's legal for a handful of people to line the boundary of a national park with traps to catch bobcats, then send their pelts to China for profit," said Brendan Cummings, public lands director for the Center for Biological Diversity. "We are not going to let this happen again."


Equally pointed words came from Nancy Karl, executive director of the Mojave Desert Land Trust, a nonprofit dedicated to preserving safe passage for wildlife between protected areas. "We are watching and paying close attention — and we are going to change things," Karl said. "Those trappers would be best advised to move it."


louis.sahagun@latimes.com





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150 Boom Boxes and the Best Dance Party You've Never Been To



Finding the right place to stage a Decentralized Dance Party is more art than science. Which is why Gary Lachance is standing against a railing near San Francisco’s Fisherman’s Wharf, looking perplexed. It’s nearly midnight and he’s just beginning what will be an all-night search of the city, looking for locations to flood with revelers for tomorrow night’s mobile bash. He might be tired—he just arrived in California today after a brutal 50-hour RV drive from Houston—but that doesn’t change the fact that he has less than 24 hours to find locations and plan a route. The wharf is just one of the possible stops as the party snakes through the city.


The sounds of foghorns and sea lions ripple through the darkness. He stares at the empty wharf, visualizing an ocean of revelers swarming it tomorrow night. His mind brushes past possible logistical snags until it sticks on one in particular. “Too many sea lions,” he says.






As coinventor of what is officially known as Tom and Gary’s Decentralized Dance Party, Lachance has to balance the meticulousness of an urban planner with the conviviality of a good host. Since 2009 he’s held more than 50 semi-spontaneous outdoor throw-downs in major cities, insisting on a leave-no-trace ethos, noise complaints and perturbed marine mammals included. It looks like Pier 39 won’t make the cut after all. Lachance gets back on his bike, as do his ridemates—a group of superpowered partyers who help scout locations in each city and keep the events running smoothly. They’re called the Elite Banana Task Force. And, yes, they wear banana suits. “It’s impossible to have a bad time in a banana suit,” Lachance says.


If you flipped on the local news last year, you may have caught snippets of DDP’s latest exploits. Its goal: to free us from our humdrum nightlife. In Austin, a partygoer dressed in a lab coat leans into the YNN news camera: “I could be spending $30 going to a bar and doing the same-old, same-old,” he says in a hoarse voice. “This is something different. This is something new. And it’s free!” In the video, you can see people carrying daisy-chained boom boxes, their tuner knobs duct-taped into place to ensure that all stay locked to a vacant radio frequency. That’s what lets them groove to the crowd-fueled PA system: volumes cranked, the DDP’s pirate radio broadcasts anything from booty bass to Jimmy Soul’s “If You Wanna Be Happy.”


“Nightclubs are too forced,” says Kyle Del Bonis, who attended a New Year’s Eve DDP in LA. “Most DJs sit around like lumps, unengaged with their audience.” Decentralized Dance Parties attempt to subvert that formula utterly, burning the velvet rope and bringing the inside out. What makes them sustainable for the organizers, though, is how mobile they are. Once DDP arrives in a city—heralded by Twitter and Facebook and with travel costs underwritten via Kickstarter or Indiegogo crowdfunding—the nerve center of the operation can be carried by a single person. A high-powered FM transmitter hooks into an antenna, which in turn is rigged to a backpack. Inside is a vintage disco mixer (held in place with a rubber band), mic receivers, a 12-volt battery, and a separate Ramsey FM transmitter—and a blue slipper “for good luck.”



And all of it is controlled (symbolically) by a Nintendo Power Glove—an old-school videogame peripheral that is as revered by nostalgic ’80s babies as it was ignored in its day. Over the years, the Power Glove has become a symbol of DDP’s abandon. The glove was at a DDP when people skied down subway escalators and when DDP-goers swarmed ferryboats with pogo sticks and trampolines. It was there in February 2011, coaxing 20,000 Canadians out of taverns onto Vancouver’s streets. And it’ll be here tomorrow night when DDP’s San Francisco party—the theme is “strictly business”—hits the streets.



Right now, though, Ryan Stomberg bikes alongside Lachance on Market Street’s sidewalk. A guy named Tom Kuzma was Lachance’s original partner and cofounder. But after they had a falling-out, a different person took over the role of “Tom”—the 27-year-old Stomberg is the third. (Lachance looks to be in his thirties but will give his age only as “18 till I die.”) Stomberg’s orange flannel fanny pack—the JammyPack—plays music continuously amid the gentle hum of the overnight street sweepers. He points northeast. “I don’t think we’re gonna have any problem parading down that block,” he says. Farther east is the contorted Lego-block sculpture and fountain in Justin Herman Plaza, the party’s intended endpoint. Lachance computes all of this, and the Bananas ride on. Thanks in no small part to this type of extensive preparty legwork, DDP has had no difficulty with law enforcement—indeed, officers often end up escorting the crowd along city streets. “Cops expect to find a Jäger-guzzling frat boy leading this,” says Lachance’s friend Kerry Leonard, another Banana. Instead they find a deep-thinking Canadian whose vision of street-level abandon is part of what he calls a “Libertarian mindset” about how the world should be.


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Well: Getting the Right Addiction Treatment

“Treatment is not a prerequisite to surviving addiction.” This bold statement opens the treatment chapter in a helpful new book, “Now What? An Insider’s Guide to Addiction and Recovery,” by William Cope Moyers, a man who nonetheless needed “four intense treatment experiences over five years” before he broke free of alcohol and drugs.

As the son of Judith and Bill Moyers, successful parents who watched helplessly during a 15-year pursuit of oblivion through alcohol and drugs, William Moyers said his near-fatal battle with addiction demonstrates that this “illness of the mind, body and spirit” has no respect for status or opportunity.

“My parents raised me to become anything I wanted, but when it came to this chronic incurable illness, I couldn’t get on top of it by myself,” he said in an interview.

He finally emerged from his drug-induced nadir when he gave up “trying to do it my way” and instead listened to professional therapists and assumed responsibility for his behavior. For the last “18 years and four months, one day at a time,” he said, he has lived drug-free.

“Treatment is not the end, it’s the beginning,” he said. “My problem was not drinking or drugs. My problem was learning how to live life without drinking or drugs.”

Mr. Moyers acknowledges that treatment is not a magic bullet. Even after a monthlong stay at a highly reputable treatment center like Hazelden in Center City, Minn., where Mr. Moyers is a vice president of public affairs and community relations, the probability of remaining sober and clean a year later is only about 55 percent.

“Be wary of any program that claims a 100 percent success rate,” Mr. Moyers warned. “There is no such thing.”

“Treatment works to make recovery possible. But recovery is also possible without treatment,” Mr. Moyers said. “There’s no one-size-fits-all approach. What I needed and what worked for me isn’t necessarily what you or your loved one require.”

As with many smokers who must make multiple attempts to quit before finally overcoming an addiction to nicotine, people hooked on alcohol or drugs often must try and try again.

Nor does treatment have as good a chance at succeeding if it is forced upon a person who is not ready to recover. “Treatment does work, but only if the person wants it to,” Mr. Moyers said.

Routes to Success

For those who need a structured program, Mr. Moyers described what to consider to maximize the chances of overcoming addiction to alcohol or drugs.

Most important is to get a thorough assessment before deciding where to go for help. Do you or your loved one meet the criteria for substance dependence? Are there “co-occurring mental illnesses, traumatic or physical disabilities, socioeconomic influences, cultural issues, or family dynamics” that may be complicating the addiction and that can sabotage treatment success?

While most reputable treatment centers do a full assessment before admitting someone, it is important to know if the center or clinic provides the services of professionals who can address any underlying issues revealed by the assessment. For example, if needed, is a psychiatrist or other medical doctor available who could provide therapy and prescribe medication?

Is there a social worker on staff to address challenging family, occupational or other living problems? If a recovering addict goes home to the same problems that precipitated the dependence on alcohol or drugs, the chances of remaining sober or drug-free are greatly reduced.

Is there a program for family members who can participate with the addict in learning the essentials of recovery and how to prepare for the return home once treatment ends?

Finally, does the program offer aftercare and follow-up services? Addiction is now recognized to be a chronic illness that lurks indefinitely within an addict in recovery. As with other chronic ailments, like diabetes or hypertension, lasting control requires hard work and diligence. One slip need not result in a return to abuse, and a good program will help addicts who have completed treatment cope effectively with future challenges to their recovery.

How Families Can Help

“Addiction is a family illness,” Mr. Moyers wrote. Families suffer when someone they love descends into the purgatory of addiction. But contrary to the belief that families should cut off contact with addicts and allow them to reach “rock-bottom” before they can begin recovery, Mr. Moyers said that the bottom is sometimes death.

“It is a dangerous, though popular, misconception that a sick addict can only quit using and start to get well when he ‘hits bottom,’ that is, reaches a point at which he is desperate enough to willingly accept help,” Mr. Moyers wrote.

Rather, he urged families to remain engaged, to keep open the lines of communication and regularly remind the addict of their love and willingness to help if and when help is wanted. But, he added, families must also set firm boundaries — no money, no car, nothing that can be quickly converted into the substance of abuse.

Whether or not the addict ever gets well, Mr. Moyers said, “families have to take care of themselves. They can’t let the addict walk over their lives.”

Sometimes families or friends of an addict decide to do an intervention, confronting the addict with what they see happening and urging the person to seek help, often providing possible therapeutic contacts.

“An intervention can be the key that interrupts the process and enables the addict to recognize the extent of their illness and the need to take responsibility for their behavior,”Mr. Moyers said.

But for an intervention to work, Mr. Moyers said, “the sick person should not be belittled or demeaned.” He also cautioned families to “avoid threats.” He noted that the mind of “the desperate, fearful addict” is subsumed by drugs and alcohol that strip it of logic, empathy and understanding. It “can’t process your threat any better than it can a tearful, emotional plea.”

Resource Network

Mr. Moyer’s book lists nearly two dozen sources of help for addicts and their families. Among them:

Alcoholics Anonymous World Services www.aa.org;

Narcotics Anonymous World Services www.na.org;

Substance Abuse and Mental Health Services Administration treatment finder www.samhsa.gov/treatment/;

Al-Anon Family Groups www.Al-anon.alateen.org;

Nar-Anon Family Groups www.nar-anon.org;

Co-Dependents Anonymous World Fellowship www.coda.org.


This is the second of two articles on addiction treatment. The first can be found here.

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Media Decoder Blog: NPR Campaign Seeks the Quirky Listener

Are you a sky diving algebra teacher? A Sudoku-playing barista? NPR has a new ad campaign aimed at you.

The pilot campaign, in four cities, is intended to bring new listeners to local public radio stations, and in turn NPR’s national programs, by matching a show to even the quirkiest interests.

The three-month campaign, financed with a $750,000 grant from the Ford Foundation and developed by Baltimore agency Planit, includes billboards, as well as television spots, social media outreach and rail, print and digital ads aimed at adults 25 to 54, with at least some college education. Ads point to a Web site, interestingradio.com, where visitors can take a poll, discover shows and click through to a live stream from a local station.

The ads will run in the Dallas/Fort Worth, San Diego, Indianapolis and Orlando, Fla., markets, chosen because they offer geographic diversity, as well as stations that are strong and growing, said Emma Carrasco, who joined NPR two months ago as chief marketing officer, a new position.

The campaign comes as listenership for “Morning Edition” and “All Things Considered” — NPR’s two top programs and the radio news programs that reach the most people nationwide each week — declined from spring 2011 to spring 2012, the last period for which national ratings are available.

Year-to-year, the cumulative weekday audience for “Morning Edition” declined 5 percent to 12.3 million listeners a week, from 13 million, NPR officials said, citing Arbitron ratings figures, while “All Things Considered” was off 4 percent, to 11.8 million weekly listeners, compared with 12.3 million in spring 2011.

Preliminary fall 2012 estimates showed year-to-year audience increases for those two shows, NPR said, but the figures were for major markets only.

Local public radio stations have undertaken similar efforts in recent years. WQXR’s modest 2011 “Obeythoven” campaign used TV spots to get audiences thinking about New York City classical music radio in a new way. Chicago’s WBEZ this month began a cheeky campaign called “2032 Membership Drive” encouraging audiences to procreate and raise a new generation of listeners.

If NPR’s new ads are deemed successful, NPR will seek additional funds to expand them to more markets, Ms. Carrasco said.

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Cardinal Mahony used cemetery money to pay sex abuse settlement









Pressed to come up with hundreds of millions of dollars to settle clergy sex abuse lawsuits, Cardinal Roger M. Mahony turned to one group of Catholics whose faith could not be shaken: the dead.


Under his leadership in 2007, the Archdiocese of Los Angeles quietly appropriated $115 million from a cemetery maintenance fund and used it to help pay a landmark settlement with molestation victims.


The church did not inform relatives of the deceased that it had taken the money, which amounted to 88% of the fund. Families of those buried in church-owned cemeteries and interred in its mausoleums have contributed to a dedicated account for the perpetual care of graves, crypts and grounds since the 1890s.





Mahony and other church officials also did not mention the cemetery fund in numerous public statements about how the archdiocese planned to cover the $660-million abuse settlement. In detailed presentations to parish groups, the cardinal and his aides said they had cashed in substantial investments to pay the settlement, but they did not disclose that the main asset liquidated was cemetery money.


In response to questions from The Times, the archdiocese acknowledged using the maintenance account to help settle abuse claims. It said in a statement that the appropriation had "no effect" on cemetery upkeep and enabled the archdiocese "to protect the assets of our parishes, schools and essential ministries."


Under cemetery contracts, 15% of burial bills are paid into an account the archdiocese is required to maintain for what church financial records describe as "the general care and maintenance of cemetery properties in perpetuity."


Day-to-day upkeep at the archdiocese's 11 cemeteries and its cathedral mausoleum is financed by cemetery sales revenue separate from the 15% deposited into the fund, spokeswoman Carolina Guevara said. Based on actuarial predictions, it would be at least 187 years before cemeteries are fully occupied and the church started to draw on the maintenance account, she said.


"We estimate that Perpetual Care funds will not be needed until after the year 2200," Guevara wrote in an email.


The church's use of fund money appears to be legal. State law prohibits private cemeteries from touching the principal of their perpetual care funds and bars them from using the interest on those funds for anything other than maintenance. Those laws, however, do not apply to cemeteries run by religious organizations.


Mary Dispenza, who received a 2006 settlement from the archdiocese over claims of molestation by her parish priest in the 1940s, said her great-uncle and great-aunt are buried in Calvary Cemetery in East L.A.


"I think it's very deceptive," she said of the way the appropriation was handled. "And I think in a way they took it from people who had no voice: the dead. They can't react, they can't respond."


The fund dates to the tenure of Bishop Francis Mora, who opened Calvary in 1896. An official archdiocese history published in 2006 recounts how the faithful of Mora's era were assured their money was "in the custody of an organization of unquestionable integrity and endurance" — the Catholic Church.


Over the next century, the archdiocese built more cemeteries, and each person laid to rest meant a new deposit into the maintenance account. By the time of the sex abuse settlement, there were cemeteries from Pomona to Santa Barbara and $130 million in the fund. Church officials removed $114.9 million in October 2007.


"Management plans to repay these appropriated funds from future cemetery sales ... after all liabilities associated with the lawsuits ... are paid off," a December 2012 church financial report stated.


It's unclear when that will happen. The archdiocese is still repaying a $175-million loan it took to help cover the settlement. Archbishop Jose Gomez, who took over from Mahony two years ago, is mulling over a $200-million fundraising campaign. Cemeteries have been a reliable source of income for the church, and the use of the upkeep-fund money is one of several ways the archdiocese is depending on them to erase its abuse debts.


When Mahony agreed to the settlement six years ago, he did so knowing his archdiocese couldn't afford it. But he had little choice. If cases brought by more than 500 victims went to trial, the archdiocese feared it could be facing jury awards and legal bills in excess of $1 billion.


The deal reached after lengthy negotiations paid an average of $1.3 million per victim. Even with contributions from its insurance companies, religious orders and others, the archdiocese was on the hook for more than $300 million, vastly more cash than it had on hand.


Bishops in other cities had closed parishes and schools or filed for bankruptcy, moves that angered the faithful and that Mahony wanted to avoid. He went to Rome at least twice to consult with Vatican officials, who must approve the transfer of archdiocese property worth more than $10 million. He later told the National Catholic Reporter he got permission to "alienate" — the Vatican's term for sale or transfer — $200 million in church assets. Asked whether the Vatican had signed off on the use of cemetery funds, archdiocese Chief Financial Officer Randolph E. Steiner said in a statement, "All approvals under the Church's Code of Canon Law were obtained."


After the settlement, Mahony and others from the archdiocese said publicly that the money would come from administrative cuts, liquidation of investments, a bank loan and sales of real estate not directly related to their religious mission. Such real estate included the archdiocese's Wilshire Boulevard headquarters, which eventually sold for $31 million.


Three months later, with no announcement, the archdiocese reached into the cemetery account. Steiner said that during an internal review of church assets, the money "was determined to be excess funding and was made available to the 2007 settlement."





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DC Comics Turns the Occupy Movement Into a Superhero Title



Eighteen months after the phrase first entered the collective public consciousness, the plight of the 99 percent is coming to mainstream superhero comics — via a new series from the second biggest publisher in the American comic industry, which just happens to be a subsidiary of a multi-national corporation that makes around $12 billion a year. Irony, anybody?


In May, DC Comics will launch two new series taking place in their mainstream superhero universe that offer different insights into the class struggle in a world filled with superheroes, alien races and inexplicable events. The Green Team, written by Tiny Titans and Superman Family Adventures creators Art Baltazar and Franco, with art by Ig Guara, revives an obscure 1975 concept about teenage rich kids who try to make the world a better place with their outrageous wealth. In an interview promoting the series, Franco promised that it would address questions like “Can money make you happy?” and “If you had unlimited wealth, could you use that to make the lives of people better?”


Obviously, this is one of the more fanciful series DC will be publishing.


But while DC is promoting The Green Team series as the adventures of the “1%,” its companion title, The Movement, is teased as a chance for us to “Meet the 99%… They were the super-powered disenfranchised — now they’re the voice of the people!”


“It’s a book about power,” explained The Movement writer Gail Simone. “Who owns it, who uses it, who suffers from its abuse. As we increasingly move to an age where information is currency, you get these situations where a single viral video can cost a previously unassailable corporation billions, or can upset the power balance of entire governments. And because the sources of that information are so dispersed and nameless, it’s nearly impossible to shut it all down.”


“The thing I find fascinating and a little bit worrisome is, what happens when a hacktivist group whose politics you find completely repulsive has this same kind of power and influence,” she elaborated in an interview at Big Shiny Robot. “What if a racist or homophobic group rises up and organizes in the same manner?”


While the concept is ambitious, the idea that a comic capable of living up to the book’s populist inspiration could come from DC Entertainment still strikes some as unlikely. Matt Pizzolo, the editor of the Occupy Comics anthology, told Wired that “though DC Comics did help launch Alan Moore and David Lloyd’s seminal anarchist epic V For Vendetta over two decades ago, it’s unlikely they would do so today. Between dismantling Vertigo and frankensteining Watchmen, the past year has demonstrated DC isn’t a safe place for bold creators who want to tell the kinds of stories that would inspire things like Occupy, rather than just cash in on them.”


Still, Simone says that the use of the iconography and language of a real-world populist movement is deliberate, promising that the book will reflect today’s decentralized political world and offer ”a slice of rarity that we’re unlikely to see in most superhero books.”


This wouldn’t the first time that DC has attempted to offer pre-packaged populist rebellion, of course; in addition to the aforementioned publication of the anti-establishment V For Vendetta, the company’s Vertigo imprint also published Grant Morrison’s The Invisibles, a series centering around an international organization struggling against forces of authority and repression that included anti-corporate themes.


Only time will tell whether The Movement will live up to the subversive examples of these earlier books, or just end up a well-intentioned piece of topical super heroics that trades on, and commodifies, a real political movement.


The Movement #1 will be available in both print and digital formats on May 1, while The Green Team #1 will be released on May 22.


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A delicate new balancing act in senior healthcare









When Claire Gordon arrived at Cedars-Sinai Medical Center, nurses knew she needed extra attention.


She was 96, had heart disease and a history of falls. Now she had pneumonia and the flu. A team of Cedars specialists converged on her case to ensure that a bad situation did not turn worse and that she didn't end up with a lengthy, costly hospital stay.


Frail seniors like Gordon account for a disproportionate share of healthcare expenditures because they are frequently hospitalized and often land in intensive care units or are readmitted soon after being released. Now the federal health reform law is driving sweeping changes in how hospitals treat a rapidly growing number of elderly patients.





The U.S. population is aging quickly: People older than 65 are expected to make up nearly 20% of it by 2030. Linda P. Fried, dean of the Columbia University Mailman School of Public Health, said now is the time to train professionals and test efforts to improve care and lower healthcare costs for elderly patients.


"It's incredibly important that we prepare for being in a society where there are a lot of older people," she said. "We have to do this type of experiment right now."


At Cedars-Sinai, where more than half the patients in the medical and surgical wards are 65 or older, one such effort is dubbed the "frailty project." Within 24 hours, nurses assess elderly patients for their risk of complications such as falls, bed sores and delirium. Then a nurse, social worker, pharmacist and physician assess the most vulnerable patients and make an action plan to help them.


The Cedars project stands out nationally because medical professionals are working together to identify high-risk patients at the front end of their hospitalizations to prevent problems at the back end, said Herb Schultz, regional director of the U.S. Department of Health and Human Services.


"For seniors, it is better care, it is high-quality care and it is peace of mind," he said.


The effort and others like it also have the potential to reduce healthcare costs by cutting preventable medical errors and readmissions, Schultz said. The federal law penalizes hospitals for both.


Gordon, an articulate woman with brightly painted fingernails and a sense of humor, arrived at Cedars-Sinai by ambulance on a Monday.


Soon, nurse Jacquelyn Maxton was at her bedside asking a series of questions to check for problems with sleep, diet and confusion. The answers led to Gordon's designation as a frail patient. The next day, the project team huddled down the hall and addressed her risks one by one. Medical staff would treat the flu and pneumonia while at the same time addressing underlying health issues that could extend Gordon's stay and slow her recovery, both in the hospital and after going home.


To reduce the chance of falls, nurses placed a yellow band on her wrist that read "fall risk" and ensured that she didn't get up on her own. To prevent bed sores, they got her up and moving as often as possible. To cut down on confusion, they reminded Gordon frequently where she was and made sure she got uninterrupted sleep. Medical staff also stopped a few unnecessary medications that Gordon had been prescribed before her admission, including a heavy narcotic and a sleeping pill.


"It is really a holistic approach to the patient, not just to the disease that they are in here for," said Glenn D. Braunstein, the hospital's vice president for clinical innovation.


Previously, nurse Ivy Dimalanta said, she and her colleagues provided similar care but on a much more random basis. Under the project, the care has become standardized.


The healthcare system has not been well designed to address the needs of seniors who may have had a lifetime of health problems, said Mary Naylor, gerontology professor at the University of Pennsylvania School of Nursing. As a result, patients sometimes fall through the cracks and return to hospitals again and again.


"That is not good for them and that is not good for society to be using resources in that way," Naylor said.


Using data from related projects, Cedars began a pilot program in 2011 and expanded it last summer. The research is continuing but early results suggest that the interventions are leading to fewer seniors being admitted to the intensive care unit and to shorter hospital stays, said Jeff Borenstein, researcher and lead clinician on the frailty project. "It definitely seems to be going in the right direction," he said.


The hospital is now working with Naylor and the University of Pennsylvania to design a program to help the patients once they go home.


"People who are frail are very vulnerable when they leave the hospital," said Harriet Udin Aronow, a researcher at Cedars. "We want to promote them being safe at home and continuing to recover."


In Gordon's case, she lives alone with the help of her children and a caregiver. The hospital didn't want her experiencing complications that would lengthen the stay, but they also didn't want to discharge her before she was ready. Under the health reform law, hospitals face penalties if patients come back too soon after being released.


Patients and their families often are unaware of the additional attention. Sitting in a chair in front of a vase of pink flowers, Gordon said she knew she would have to do her part to get out of the hospital quickly. "You have to move," she said. "I know you get bed sores if you stay in bed."


Gordon said she was comfortable at the hospital but she wanted to go back to her house as quickly as she could. "There's no place like home," she said.


Two days later, that's where she was.


anna.gorman@latimes.com





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