DealBook: Gupta Ordered to Reimburse Goldman Sachs $6.2 Million

A federal judge on Monday ordered Rajat K. Gupta, a former Goldman Sachs director, to pay the bank more than $6.2 million to reimburse it for legal expenses connected to his insider trading case.

Last May, a jury convicted Mr. Gupta, 64, of leaking boardroom secrets about Goldman to the hedge fund manager Raj Rajaratnam. The presiding judge, Jed S. Rakoff, sentenced Mr. Gupta to two years in prison. He free on bail while he is appealing the conviction.

Goldman had sought $6.9 million in reimbursement from Mr. Gupta, which represented the total amount that the bank had paid to its primary outside counsel at the law firm Sullivan & Cromwell for an internal investigation and other legal expenses. The bank filed the claim based on the Mandatory Victims Restitution Act, a law that allows corporations to get reimbursed as a victim of an insider trading crime by a rogue employee.

After reviewing the firm’s 542 pages of billing records related to the case, Judge Rakoff said that Mr. Gupta raised no “colorable challenge to the veracity of the records.” He cut the bill by 10 percent, he said, because he noted that there were some extraneous entries.

“On a few occasions,” Mr. Rakoff wrote, “the number of attorneys staffed on a task – while perhaps perfectly appropriate on the assumption that Goldman Sachs wished to spare no expense on a matter of great importance to it – exceeded what was reasonably necessary” under the statute.

Michael Duvally, a Goldman spokesman, said the bank was pleased the court ordered Mr. Gupta to pay it restitution. Gary P. Naftalis, a lawyer for Mr. Gupta, declined to comment.

Goldman is not the only bank that has asked to get paid back because of an employee’s insider trading crimes. Last March, a federal judge ordered that Joseph F. Skowron, a former Morgan Stanley hedge fund manager, pay the bank $10.2 million in legal fees and a portion of his past compensation. Mr. Skowron is appealing the ruling.

The money that Mr. Gupta now has to pay Goldman is separate from the cost of Mr. Gupta’s legal defense, which has thus far exceeded more than $30 million. That legal tab has been paid for by Goldman because the bank’s bylaws require it to pay the legal fees of its top officers and directors. But under a deal reached before his trial, Mr. Gupta agreed that if he was found guilty of insider trading, he would reimburse the bank for the legal fees advanced to him. Goldman must continue to pay his bills until the resolution of his appeal.

Mr. Gupta should be able to afford the $6.2 million payment to Goldman. In April 2008, he had a net worth of about $84 million, according to testimony during the trial. But the case also revealed that his assets took a major hit during the financial crisis.

For Goldman, Mr. Gupta’s case was a huge distraction. Among other hassles, the bank’s chief executive, Lloyd C. Blankfein, was forced to testify over three days in Federal District Court in Manhattan, reviewing for a jury the details and sanctity of Goldman’s boardroom discussions.

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Oscars 2013: An 'Argo' night at Academy Awards

For the second straight year, the movie business fell for itself.

"Argo" — in which a Hollywood producer and makeup artist help engineer the rescue of six Americans from Iran — won the top prize at the 85th Academy Awards, one year after the silent film story "The Artist" took the best picture Oscar.

"I never thought I'd be back here. And I am," producer-director Ben Affleck said in accepting the best picture trophy Sunday night, 15 years after he won an original screenplay Oscar for "Good Will Hunting" and then saw his career fall into a tailspin that included "Gigli" and "Daredevil."

FULL COVERAGE: Oscars 2013 | Winners

"It doesn't matter how you get knocked down in life. That's going to happen," said Affleck, who wasn't nominated for directing "Argo," one of nine films in the best picture race. "All that matters is that you've got to get up."

"Argo," which became the first movie to win best picture without its director being nominated since 1989's "Driving Miss Daisy," collected two other Academy Awards, for editing and adapted screenplay. But it was not the evening's most recognized film: That honor went to Ang Lee's "Life of Pi," which won four Oscars — for directing, visual effects, cinematography and score.

"Thank you, movie god," said Lee, whose movie came into the evening with 11 nominations, one behind Steven Spielberg's "Lincoln." The film about the 16th president helped Daniel Day-Lewis make movie history, as he became the only man to ever win three lead actor statuettes. "Lincoln" won one other prize, for production design.

The song-and-dance heavy ceremony, hosted by Seth MacFarlane, hewed closely to a traditional awards show script, but there were several surprises. First Lady Michelle Obama, who joined the ABC telecast from the White House, announced "Argo" as the best picture. And the ceremony featured only the sixth tie in Oscar history and the first since 1994, with the sound editing award split between "Zero Dark Thirty" and "Skyfall." For the first time in Oscar history, six best picture nominees were $100-million blockbusters.

The ceremony was billed as a tribute to music in film, and boasted a number of extravagant musical numbers — including a medley of songs from movie musicals and an appearance by Barbra Streisand, who sang "The Way We Were." The telecast also paid homage to the long running James Bond series, with Adele singing the theme from "Skyfall" and Dame Shirley Bassey performing the theme from 1964's "Goldfinger."

Oscars 2013: Nominee list | Red carpet | Highlights

Jennifer Lawrence, 22, nabbed the lead actress prize for her role as an emotionally unstable widow in "Silver Linings Playbook" — and promptly tripped over her long dress walking up the stairs to accept her statuette. The crowd quickly gave her a standing ovation. "You guys are just standing up because you feel bad that I fell and that's embarrassing," Lawrence said to the applauding crowd at the Dolby Theatre.

The evening's very first award — for supporting actor — was a shocker, with long shot Christoph Waltz winning for his role as bounty hunter Dr. King Schultz in Quentin Tarantino's "Django Unchained" over favored contenders Robert De Niro ("Silver Linings Playbook") and Tommy Lee Jones ("Lincoln"). Waltz, who won the same award three years ago for Tarantino's "Inglourious Basterds," dedicated his prize to his writer-director, who also won the Oscar for original screenplay. "We participated in a hero's journey — the hero being Quentin," Waltz said.

Tarantino pulled off a mild surprise with the screenplay triumph for his slave-revenge tale. He dedicated his award to his eclectic cast of actors. "I actually think if people know my movies 30-50 years from now it's because of the characters I create," Tarantino said.

Anne Hathaway's supporting actress win for her emotionally raw portrayal of a doomed seamstress in "Les Misérables" was hardly as startling. The 30-year-old had been the odds-on favorite to win since the film first screened for members of the Motion Picture Academy in late November. "It came true," she stage-whispered as she picked up her trophy for her performance, the centerpiece of which is the lament "I Dreamed a Dream."

Oscars 2013: Backstage | Quotes | Best & Worst moments

Some of the evening's wins were bittersweet.

The animated feature Oscar was shared by "Brave" directors Mark Andrews and Brenda Chapman, an unusual pairing given that Chapman was fired from the Pixar Animation Studios film and replaced by Andrews in the middle of production. "Making these are a struggle — it's a battle, it's a war," Andrews said backstage. "I was very happy it was him who took my place," Chapman said.

Rhythm & Hues Studios, the company behind "Life of Pi's" visual effects win, recently filed for bankruptcy and laid off hundreds of its employees. As Oscar winner Bill Westenhofer addressed the situation in his acceptance speech, he ran over time and the theme from "Jaws" began to play him off the stage. His microphone was cut off just as he said the words "I urge you all…"

William Goldenberg was a double nominee in the film editing category — he worked on both "Argo" and "Zero Dark Thirty" — and won the prize for Affleck's CIA drama.

"Working at my father's deli, I had to do a million things at one time," Goldenberg said backstage about the best training for his job. "It really does prepare you for the multitasking it takes to be in an editing room."

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You Wish Your Neurons Were This Pretty

When Greg Dunn finished his Ph.D. in neuroscience at Penn in 2011, he bought himself a sensory deprivation tank as a graduation present. The gift marked a major life transition, from the world of science to a life of meditation and art.

Now a full-time artist living in Philadelphia, Dunn says he was inspired in his grad-student days by the spare beauty of neurons treated with certain stains. The Golgi stain, for example, will turn one or two neurons black against a golden background. "It has this Zen quality to it that really appealed to me," Dunn said.

What he saw under the microscope reminded him of the uncluttered elegance of bamboo scroll paintings and other forms of Asian art, and he began to paint neurons in a similar style. He supplements traditional brush painting with methods he's developed on his own, such as blowing a drop of ink across a surface. The ink spreads much as a neuron grows, Dunn says, propelled by a natural force, but forming random branches as it finds its way around microscopic obstacles. "I like the concept of drawing on similar forces to produce the art," he said.

Dunn has sold commissioned works to research labs and hospitals, and he says his prints are popular with neuroscientists, neurologists, and others with a special interest in the brain, including people with neurodegenerative disorders. "I think it helps them come to terms or appreciate this thing they've been so vexed by," Dunn said.

The images in this gallery are drawn from his imagination, but they're informed by his knowledge of neuroanatomy. "One of my frustrations with grad school was the necessity for absolute adherence to truth, and principles, and facts," Dunn said. "I'm inspired by anatomy but not a slave to it."

Above:

This painting depicts a cross section of the motor cortex, a region involved in planning movements, illustrating the prominent layer V pyramidal neurons.

21K gold, palladium, mica, enamel, and dye on aluminized panel (2012) (High-resolution version)

Image: Greg Dunn

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‘Argo’ wins best picture on scattered Oscar night

LOS ANGELES (AP) — Just as Oscar host Seth MacFarlane set his sights on a variety of targets with a mixture of hits and misses, the motion picture academy spread the gold around to a varied slate of films. “Argo” won best picture as expected, along with two other prizes. But “Life of Pi” won the most awards with four, including a surprise win for director Ang Lee.

“Les Miserables” also won three Academy Awards, while “Django Unchained” and “Skyfall” each took two.

Among the winners were the front-runners throughout this lengthy awards season: best actor Daniel Day-Lewis for his deeply immersed portrayal of Abraham Lincoln in Steven Spielberg‘s epic “Lincoln,” best actress Jennifer Lawrence as a troubled young widow in “Silver Linings Playbook” and supporting actress Anne Hathaway as the doomed prostitute Fantine in the musical “Les Miserables.” Christoph Waltz was a bit of a surprise for supporting actor as a charismatic bounty hunter in Quentin Tarantino‘s “Django Unchained,” an award he’d won just three years ago for Tarantino’s “Inglorious Basterds.”

The 22-year-old Lawrence, who got to show her lighter side in the oddball romance “Silver Linings Playbook” following serious roles in “Winter’s Bone” and “The Hunger Games,” gamely laughed at herself as she tripped on the stairs en route to the stage in her poufy, pale pink Dior Haute Couture gown. Backstage in the press room, when a reporter asked what she was thinking, she responded: “A bad word that I can’t say that starts with ‘F.’” Keeping journalists in hysterics, she explained, “I’m sorry. I did a shot before I … sorry.”

That’s the kind of raunchiness MacFarlane himself seemed to be aiming for as host while also balancing the more traditional demands of the job. There was a ton of singing and dancing during the three-and-half-hour broadcast — no surprise from the musically minded creator of the animated series “Family Guy” — including a poignant performance from Barbra Streisand of “The Way We Were,” written by the late Marvin Hamlisch, during the memorial montage. But MacFarlane also tried to keep the humor edgy with shots at Mel Gibson, George Clooney, Chris Brown and Rihanna.

An extended bit in which William Shatner came back from the future as his “Star Trek” character, Capt. James T. Kirk, had its moments while a joke about the drama “Flight” being restaged entirely with sock puppets was a scream. A John Wilkes Booth gag in reference to “Lincoln” was a bit of a groaner, perhaps intentionally, while MacFarlane relied on his alter ego, the cuddly teddy bear from his directorial debut “Ted,” to make a crack about a post-Oscar orgy at Jack Nicholson’s house. (MacFarlane already has indicated he’s one-and-done with Academy Awards hosting.)

But it was Day-Lewis who came up with the kind of pop-culture riffing that’s MacFarlane’s specialty. In accepting his record third best-actor award from presenter Meryl Streep, he deadpanned that before they’d swapped roles, he originally was set to play Margaret Thatcher “and Meryl was Steven’s first choice for ‘Lincoln,’ and I’d like to see that version.”

Besides best picture, “Argo” won for Chris Terrio’s adapted screenplay and for William Goldenberg’s film editing. Affleck famously (and strangely) wasn’t included in the best-director category for his thrilling and surprisingly funny depiction of a daring rescue during the 1979 Iranian hostage crisis. But as a producer on the film alongside George Clooney and Grant Heslov, he got to take home the top prize of the night.

“I never thought I’d be back here, and I am because of so many of you in this academy,” said Affleck, who shared a screenplay Oscar with pal Matt Damon 15 years earlier for their breakout film “Good Will Hunting.”

Among the wisdom he’s acquired since then: “You can’t hold grudges — it’s hard but you can’t hold grudges.”

Lee, who previously won best director in 2006 for “Brokeback Mountain” (which also didn’t win best picture), was typically low-key and self-deprecating in victory. His “Life of Pi” is a fable set in glorious 3-D, but Spielberg looked like the favorite for “Lincoln.” The film also won for its cinematography, original score and visual effects.

“Thank you, movie god,” the Taiwanese director said on stage. Later, he thanked his agents and said: “I have to do that,” with a little shrug and a smile.

“Les Miserables” also won for sound mixing and makeup and hairstyling. The other Oscar for “Django Unchained” came for Tarantino’s original screenplay. Asked about his international appeal backstage, Tarantino was enthusiastic as usual in saying: “I’m an American, and a filmmaker, but I make movies for the planet Earth.”

Speaking of global hits, the James Bond action thriller “Skyfall” won for its original song by the unstoppable Adele (with Paul Epworth). It also tied for sound editing with “Zero Dark Thirty,” the only win of the night for Kathryn Bigelow’s detailed saga about the hunt for Osama bin Laden.

Among the other winners, “Searching for Sugar Man,” about a forgotten musician’s rediscovery, took the prize for best documentary feature. Pixar’s fairy tale “Brave” won best animated feature.

One of the biggest moments of the night came at the end, as First Lady Michelle Obama announced the winner of the best picture prize. Backstage, Affleck described how surreal it was when he heard her say the word: “Argo.”

“I was sort of hallucinating when that was happening,” he explained. “In the course of a hallucination it doesn’t seem that odd: ‘Oh look, a purple elephant. Oh look, Michelle Obama.’”

___

Contact AP Movie Critic Christy Lemire through Twitter: http://twitter.com/christylemire

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‘Bloodless’ Lung Transplants for Jehovah’s Witnesses

Eric Kayne for The New York Times

SHARING HOME AND FAITH A Houston couple hosted Gene and Rebecca Tomczak, center, in October so she could get care nearby.

HOUSTON — Last April, after being told that only a transplant could save her from a fatal lung condition, Rebecca S. Tomczak began calling some of the top-ranked hospitals in the country.

She started with Emory University Hospital in Atlanta, just hours from her home near Augusta, Ga. Then she tried Duke and the University of Arkansas and Johns Hopkins. Each advised Ms. Tomczak, then 69, to look somewhere else.

The reason: Ms. Tomczak, who was baptized at age 12 as a Jehovah’s Witness, insisted for religious reasons that her transplant be performed without a blood transfusion. The Witnesses believe that Scripture prohibits the transfusion of blood, even one’s own, at the risk of forfeiting eternal life.

Given the complexities of lung transplantation, in which transfusions are routine, some doctors felt the procedure posed unacceptable dangers. Others could not get past the ethics of it all. With more than 1,600 desperately ill people waiting for a donated lung, was it appropriate to give one to a woman who might needlessly sacrifice her life and the organ along with it?

By the time Ms. Tomczak found Dr. Scott A. Scheinin at The Methodist Hospital in Houston last spring, he had long since made peace with such quandaries. Like a number of physicians, he had become persuaded by a growing body of research that transfusions often pose unnecessary risks and should be avoided when possible, even in complicated cases.

By cherry-picking patients with low odds of complications, Dr. Scheinin felt he could operate almost as safely without blood as with it. The way he saw it, patients declined lifesaving therapies all the time, for all manner of reasons, and it was not his place to deny care just because those reasons were sometimes religious or unconventional.

“At the end of the day,” he had resolved, “if you agree to take care of these patients, you agree to do it on their terms.”

Ms. Tomczak’s case — the 11th so-called bloodless lung transplant attempted at Methodist over three years — would become the latest test of an innovative approach that was developed to accommodate the unique beliefs of the world’s eight million Jehovah’s Witnesses but may soon become standard practice for all surgical patients.

Unlike other patients, Ms. Tomczak would have no backstop. Explicit in her understanding with Dr. Scheinin was that if something went terribly wrong, he would allow her to bleed to death. He had watched Witness patients die before, with a lifesaving elixir at hand.

Ms. Tomczak had dismissed the prospect of a transplant for most of the two years she had struggled with sarcoidosis, a progressive condition of unknown cause that leads to scarring in the lungs. The illness forced her to quit a part-time job with Nielsen, the market research firm.

Then in April, on a trip to the South Carolina coast, she found that she was too breathless to join her frolicking grandchildren on the beach. Tethered to an oxygen tank, she watched from the boardwalk, growing sad and angry and then determined to reclaim her health.

“I wanted to be around and be a part of their lives,” Ms. Tomczak recalled, dabbing at tears.

She knew there was danger in refusing to take blood. But she thought the greater peril would come from offending God.

“I know,” she said, “that if I did anything that violates Jehovah’s law, I would not make it into the new system, where he’s going to make earth into a paradise. I know there are risks. But I think I am covered.”

Cutting Risks, and Costs

The approach Dr. Scheinin would use — originally called “bloodless medicine” but later re-branded as “patient blood management” — has been around for decades. His mentor at Methodist, Dr. Denton A. Cooley, the renowned cardiac pioneer, performed heart surgery on hundreds of Witnesses starting in the late 1950s. The first bloodless lung transplant, at Johns Hopkins, was in 1996.

But nearly 17 years later, the degree of difficulty for such procedures remains so high that Dr. Scheinin and his team are among the very few willing to attempt them.

In 2009, after analyzing Methodist’s own data, Dr. Scheinin became convinced that if he selected patients carefully, he could perform lung transplants without transfusions. Hospital administrators resisted at first, knowing that even small numbers of deaths could bring scrutiny from federal regulators.

“My job is to push risk away,” said Dr. A. Osama Gaber, the hospital’s director of transplantation, “so I wasn’t really excited about it. But the numbers were very convincing.”

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DealBook: J. Crew Chief and American Express Invest in Warby Parker

Warby Parker, the hip purveyor of retro-style glasses, has solidified ties with two of its most prominent fans.

Now the three-year-old start-up can count Millard S. Drexler, the chief executive of J. Crew, and American Express as participants in its latest round of financing, which closed last month at $41.5 million.

The two join an already expansive group of investors that includes General Catalyst Partners, Spark Capital, Tiger Global Management, Thrive Capital and Menlo Ventures.

The presence of Mr. Drexler and American Express highlights the growing popularity of Warby Parker, whose founders created the online glasses seller in their spare time at the Wharton School of the University of Pennsylvania and quickly struggled to meet consumer demand.

Company executives first closed the round last September at $37.5 million, but left some room and time for select investors to come in as well.

“We’ve tried to be very deliberate in getting people with specific expertise,” Neil Blumenthal, one of Warby Parker’s founders, said in an interview. “Nobody knows retail like Mickey. And within financial services, nobody knows a brand more prominent than American Express.”

Mr. Blumenthal and another founder, David Gilboa, declined to comment on the valuation that the round is based on. But they said that their investors consider the retailer a lifestyle brand, which commands a higher value than an e-commerce company.

Since its founding, Warby Parker has shown significant potential in its business: selling prescription glasses and now sunglasses almost exclusively online at relatively low costs. The company has emphasized customer service by allowing prospective buyers to try on several frames before buying, and using Facebook and Twitter as ways to keep in touch with customers.

Its growth over the last three years has been largely through word of mouth, with the company having run its first television ads this year.

The company has drawn the attention of investors who hope it is less an e-commerce platform and more a brand poised to become the next Tory Burch. Such has been the demand that Silicon Valley venture capitalists regularly flew to New York to beg the founders for breakfast — and then a chance to invest.

“They treat clients like relationships,” Joel Cutler, a founder of General Catalyst, said of Warby Parker’s management. “They’re very much oriented toward telling people about a lifestyle they want to associate with.”

Among those believers is Mr. Drexler, whose successes at Gap and then J. Crew have elevated him to a wise man of retail. He began having regular lunches with Warby Parker’s founders to chat about their retail ideas.

By the time the company began raising its series B round of financing, company executives wanted stronger ties with Mr. Drexler, their informal coach.

“He was excited about some of the exciting retail stuff we were doing,” Mr. Blumenthal said. “When it was time to raise money, we wanted to get him formally involved.”

American Express has been a supporter for some time as well. The firm’s vice chairman, Edward Gilligan, invited Warby Parker executives to speak to employees early in the start-up’s life. The financial services titan also is sponsoring Warby Parker’s “Class Trip,” a cross-country promotional tour aboard a lavishly furnished yellow school bus.

While Warby Parker is collaborating with American Express on its Sync program, which offers rebates to Twitter users, there are no similar plans yet to work with J. Crew on retail partnerships, Mr. Blumenthal said. The emphasis remains on selling directly to consumers.

But the company is looking to raise its profile even more. It has been working with the Standard line of hotels on programs like artists-in-residence and a seaplane ferry from downtown Manhattan to the Hamptons.

It is also in talks with Google on providing stylish options for the tech giant’s computerized glasses product, according to people briefed on the matter.

“We really feel like we’re in an inflection point,” Mr. Gilboa of Warby Parker said. “We feel like we have a really solid foundation for the brand.”

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Paroled sex offenders disarming tracking devices

SACRAMENTO — Thousands of paroled child molesters, rapists and other high-risk sex offenders in California are removing or disarming their court-ordered GPS tracking devices — and some have been charged with new crimes including sexual battery, kidnapping and attempted manslaughter.

The offenders have discovered that they can disable the monitors, often with little risk of serving time for it, a Times investigation has found. The jails are too full to hold them.

"It's a huge problem," said Fresno parole agent Matt Hill. "If the public knew, they'd be shocked."

More than 3,400 arrest warrants for GPS tamperers have been issued since October 2011, when the state began referring parole violators to county jails instead of returning them to its packed prisons. Warrants increased 28% in 2012 compared to the 12 months before the change in custody began. Nearly all of the warrants were for sex offenders, who are the vast majority of convicts with monitors, and many were for repeat violations.

The custody shift is part of Gov. Jerry Brown and the legislature's "realignment" program, to comply with court orders to reduce overcrowding in state prisons. But many counties have been under their own court orders to ease crowding in their jails.

Some have freed parole violators within days, or even hours, of arrest rather than keep them in custody. Some have refused to accept them at all.

Before prison realignment took effect, sex offenders who breached parole remained behind bars, awaiting hearings that could send them back to prison for up to a year. Now, the maximum penalty is 180 days in jail, but many never serve that time.

With so little deterrent, parolees "certainly are feeling more bold," said Jack Wallace, an executive at the California Sex Offender Management Board.

Rithy Mam, a convicted child stalker, was arrested three times in two months after skipping parole and was freed almost immediately each time. After his third release, his GPS alarm went off and he vanished, law enforcement records show.

The next day, he turned up in a Stockton living room where a 15-year-old girl was asleep on the couch, police said. The girl told police she awoke to find the stranger staring at her and that he asked "Wanna date?" before leaving the home.

Police say Mam went back twice more that week and menaced the girl and her 13-year-old sister, getting in by giving candy to a toddler, before authorities recaptured him in a local park. He is in custody on new charges of child molestation.

Californians voted in 2006 to require that high-risk sex offenders be tracked for life with GPS monitors strapped to their bodies.

The devices are programmed to record offenders' movements and are intended, at least in part, to deter them from committing crimes. The devices, attached to rubber ankle straps embedded with fiber-optic cable, transmit signals monitored by a private contractor.

They are easy to cut off, but an alarm is triggered when that happens, as it is when they are interfered with in other ways or go dead, or when an offender enters a forbidden area such as a school zone or playground. The monitoring company alerts parole agents by text message or email.

Arrest warrants for GPS tamperers are automatically published online. The Times reviewed that data as well as thousands of jail logs, court documents and criminal histories provided by confidential sources. The records show that the way authorities handle violators can vary significantly by county.

San Bernardino County releases more inmates early from its cramped jails than any other county in California, according to state reports. But sex offenders who violate parole there generally serve their terms. A spokeswoman said the county closely reviews criminal histories, and those with past sex offenses are ineligible for early release.

By contrast, parole violators in San Joaquin County are often set free within a day of arrest.

A review of the county's jail logs shows that nine of the 15 sex offenders arrested for violating parole in December and January were let out within 24 hours, including seven who immediately tampered with their trackers and disappeared. One of the nine, a convicted rapist named Robert Stone, was arrested two weeks later on kidnapping charges and returned to jail, where he remains.

Raoul Leyva, a sex offender with a history of beating women, was arrested in April for fleeing parole and ordered to remain jailed for 100 days. He was out in 16 days and soon bolted again, after allowing the battery on his device to go dead, according to the documents reviewed by The Times.

Less than two weeks later, a drug dealer led police to a Stockton apartment where Leyva's girlfriend, 20-year-old Brandy Arreola, had lain for days on the floor, severely beaten and in a coma. Now brain damaged and confined to a wheelchair, Arreola spends her time watching cartoons.

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Wired Space Photo of the Day: Glowing Gas in Omega Nebula

This image is a colour composite of the Omega Nebula (M 17) made from exposures from the Digitized Sky Survey 2 (DSS2). The field of view is approximatelly 4.7 x 3.7 degrees.

Image: ESO/Digitized Sky Survey 2. Acknowledgment: Davide De Martin. [high-resolution]

Caption: ESO

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Relativity Moves ‘Turkeys’ Up a Year; Amy Poehler Joins Voice Cast (Exclusive)

NEW YORK (TheWrap.com) – Relativity Media has moved up its animated film “Turkeys” by a year and will release it November 1, multiple individuals close to the project told TheWrap. In addition, Amy Poehler has joined the voice cast for the film, which Relativity and Reel FX are co-producing and co-financing, TheWrap has learned.

The movie had been scheduled to debut November 14, 2014, but Relativity and Reel FX made the aggressive scheduling move based on early footage, according to two of those individuals. Development on the project began in June 2009 and physical production began in January 2011.

Poehler, who joins Owen Wilson and Woody Harrelson, will voice the female lead.

Executives at the studio met about the film this week, weighing the challenges the move will pose to the filmmaking, marketing, sponsorship and merchandising teams with the opportunity to seize this Thanksgiving’s family market.

DreamWorks Animation recently moved “Mr. Peabody & Sherman” from November 1 to March 2014, opening the door for kid-friendly fare before the November 22 opening of “The Hunger Games: Catching Fire.” Most of the other movies scheduled for October and November will cater to more mature audiences, spanning genres like science fiction (“Gravity,” “Ender’s Game”), horror (“Paranormal Activity 5,” “Carrie”) and action (“Malavita,” “Thor: The Dark World”).

Jeffrey Katzenberg‘s animation house has released a movie in the fall for eight of the last nine years, but its new distribution partner, Fox, moved “Peabody” to March, a month when the studio has had prior success with the “Ice Age” franchise.

DreamWorks Animation had a costly miss last November with “Rise of the Guardians,” which grossed $ 301 million at the box office – a healthy sum, but not enough to cover costs. The company is expected to take a hefty write-down as a result in its upcoming fourth quarter earnings.

Reel FX, the Dallas-based animation and visual effects studio behind “Turkeys,” actually sold “Guardians” to DWA five years ago.

“Turkeys” features the voices of Wilson and Harrelson as two spunky birds that take a time machine back to the first Thanksgiving. They want to expunge turkeys from Thanksgiving’s culinary tradition. Lesley Nicol of “Downton Abbey,” George Takei of “Star Trek” fame, Keith David and Colm Meaney have also been cast. Dan Fogler was already lending his voice.

Jimmy Hayward is directing the film from a script by Craig Mazin, David I. Stern, John J. Strauss.

Movies News Headlines – Yahoo! News

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The Texas Tribune: Advocates Seek Mental Health Changes, Including Power to Detain

Matt Rainwaters for Texas Monthly

The Sherman grave of Andre Thomas’s victims.

SHERMAN — A worried call from his daughter’s boyfriend sent Paul Boren rushing to her apartment on the morning of March 27, 2004. He drove the eight blocks to her apartment, peering into his neighbors’ yards, searching for Andre Thomas, Laura Boren’s estranged husband.

Expanded coverage of Texas is produced by The Texas Tribune, a nonprofit news organization. To join the conversation about this article, go to texastribune.org.

For more articles on mental health and criminal justice in Texas, as well as a timeline of the Andre Thomas case: texastribune.org

Matt Rainwaters for Texas Monthly

Laura Boren

He drove past the brightly colored slides, swings and bouncy plastic animals in Fairview Park across the street from the apartment where Ms. Boren, 20, and her two children lived. He pulled into a parking spot below and immediately saw that her door was broken. As his heart raced, Mr. Boren, a white-haired giant of a man, bounded up the stairwell, calling out for his daughter.

He found her on the white carpet, smeared with blood, a gaping hole in her chest. Beside her left leg, a one-dollar bill was folded lengthwise, the radiating eye of the pyramid facing up. Mr. Boren knew she was gone.

In a panic, he rushed past the stuffed animals, dolls and plastic toys strewn along the hallway to the bedroom shared by his two grandchildren. The body of 13-month-old Leyha Hughes lay on the floor next to a blood-spattered doll nearly as big as she was.

Andre Boren, 4, lay on his back in his white children’s bed just above Leyha. He looked as if he could have been sleeping — a moment away from revealing the toothy grin that typically spread from one of his round cheeks to the other — except for the massive chest wound that matched the ones his father, Andre Thomas (the boy was also known as Andre Jr.), had inflicted on his mother and his half-sister as he tried to remove their hearts.

“You just can’t believe that it’s real,” said Sherry Boren, Laura Boren’s mother. “You’re hoping that it’s not, that it’s a dream or something, that you’re going to wake up at any minute.”

Mr. Thomas, who confessed to the murders of his wife, their son and her daughter by another man, was convicted in 2005 and sentenced to death at age 21. While awaiting trial in 2004, he gouged out one of his eyes, and in 2008 on death row, he removed the other and ate it.

At least twice in the three weeks before the crime, Mr. Thomas had sought mental health treatment, babbling illogically and threatening to commit suicide. On two occasions, staff members at the medical facilities were so worried that his psychosis made him a threat to himself or others that they sought emergency detention warrants for him.

Despite talk of suicide and bizarre biblical delusions, he was not detained for treatment. Mr. Thomas later told the police that he was convinced that Ms. Boren was the wicked Jezebel from the Bible, that his own son was the Antichrist and that Leyha was involved in an evil conspiracy with them.

He was on a mission from God, he said, to free their hearts of demons.

Hospitals do not have legal authority to detain people who voluntarily enter their facilities in search of mental health care but then decide to leave. It is one of many holes in the state’s nearly 30-year-old mental health code that advocates, police officers and judges say lawmakers need to fix. In a report last year, Texas Appleseed, a nonprofit advocacy organization, called on lawmakers to replace the existing code with one that reflects contemporary mental health needs.

“It was last fully revised in 1985, and clearly the mental health system has changed drastically since then,” said Susan Stone, a lawyer and psychiatrist who led the two-year Texas Appleseed project to study and recommend reforms to the code. Lawmakers have said that although the code may need to be revamped, it will not happen in this year’s legislative session. Such an undertaking requires legislative studies that have not been conducted. But advocates are urging legislators to make a few critical changes that they say could prevent tragedies, including giving hospitals the right to detain someone who is having a mental health crisis.

From the time Mr. Thomas was 10, he had told friends he heard demons in his head instructing him to do bad things. The cacophony drove him to attempt suicide repeatedly as an adolescent, according to court records. He drank and abused drugs to try to quiet the noise.

bgrissom@texastribune.org

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