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Wednesday, January 19, 2011

Julian Assange denied bail over sexual assault allegations - The Guardian

Julian Assange Julian Assange arriving at Westminster magistrates court. The WikiLeaks founder's request for bail was denied. Photograph: Stefan Rousseau/PA

The WikiLeaks founder, Julian Assange, who is wanted in Sweden over claims he sexually assaulted two women, was in Wandsworth prison tonight after a judge refused him bail at an extradition hearing in London.

The 39-year-old Australian, who denies the allegations, was driven away in a white prison van after an extraordinary one-hour hearing at City of Westminster magistrates court. The district judge, Howard Riddle, ruled there was a risk Assange would fail to surrender if granted bail.

Despite Jemima Khan, former wife of Pakistan cricketer Imran Khan, the campaigning journalist John Pilger, the British film director Ken Loach and others offering to stand surety totalling £180,000, the judge said Assange's "weak community ties" in the UK, and his "means and ability" to abscond, were "substantial grounds" for refusing bail.

He was remanded until 14 December, when the case can be reviewed at the same court. His legal team said he would again apply for bail at that hearing.

The move against Assange came on a day when increasing pressure was brought to bear in the US on companies and organisations with ties to WikiLeaks.

As Joe Lieberman, chairman of the Senate homeland security committee, urged businesses to sever their ties with the website, Visa suspended all donations through its credit card.

Asked about the New York Times's role in publishing the leaked cables, Lieberman told Fox news the newspaper "has committed at least an act of bad citizenship. Whether they have committed a crime I think bears very intensive inquiry".

Assange, wearing a black suit and open-necked white shirt, stood in the glass-panelled dock as more than 50 journalists from around the world packed into the well and more than 20 supporters and friends crammed into the public gallery. Outside, the pavement was swallowed up as more photographers and camera crew jostled with angry protesters gathered at the building's main entrance.

After the ruling – with supporters waving A4 printouts reading "Character Assassination" and "Protect Free Speech" – his solicitor, Mark Stephens, emerged on to the court's steps to claim the prosecution was "politically motivated" and pledged that WikiLeaks would not be cowed. Assange was entitled to a high court appeal, he said, adding the judge was "impressed" with the number of people prepared to "stand up" on his client's behalf. "[Those supporters] were but the tip of the iceberg," he said. "This is going to go viral. Many people believe Mr Assange to be innocent, myself included. Many people believe that this prosecution is politically motivated."

Pilger, who told the judge he did know Assange and had "very high regard for him", said outside court: "Sweden should be ashamed. This is not justice – this is outrageous."

Assange was arrested by appointment at a London police station at 9.20am after a European arrest warrant was received by the Metropolitan police extradition unit yesterday. He appeared in court at 2pm, where he spoke to confirm his name and date of birth and to tell the court: "I do not consent to my extradition."

There was confusion when he initially refused to give an address except a Post Office box number. When told this was unacceptable, his lawyer, John Jones, read out an address at 177 Grantham Street, Parkville, Victoria, Australia. Assange is wanted in connection with four allegations including of rape and molestation.

Gemma Lindfield, for the Swedish prosecutors, said the first involved complainant A, who said she was the victim of "unlawful coercion" on the night of 14 August in Stockholm. The court heard Assange is accused of using his body weight to hold her down in a sexual manner.

The second charge alleged Assange "sexually molested" Miss A by having sex with her without a condom when it was her "express wish" one should be used.

The third charge claimed Assange "deliberately molested" Miss A on 18 August "in a way designed to violate her sexual integrity". The fourth charge accused Assange of having sex with a second woman, Miss W, on 17 August without a condom while she was asleep at her Stockholm home.

Lindfield argued there was a "high risk of flight" because of Assange's "lifestyle, connections and potential assets".

He had access to funds, through PayPal donations to the WikiLeaks website, had a "network of international contacts", lived a "nomadic" lifestyle, and spent his time in "hiding", she said. The court later heard that for the past three weeks he had been staying at a UK address, and before then had spent two months living at the Frontline media club in Paddington.

There was no record of him entering the UK in the first place. He had displayed an unwillingness to co-operate, refusing to be photographed, fingerprinted or give a DNA sample on arrest, she added.

No details were given about the strength of evidence, with Lindfield saying it "is not a factor in relation to bail". She also opposed bail for reasons of his personal safety, saying if granted "any number of unstable persons could take it upon themselves to cause him serious harm".

"This is someone, simply put, to whom no conditions, even the most stringent conditions, could be imposed that would ensure he surrendered to the jurisdiction of this court," she said.

John Jones said the case must be "shorn of all political and media hysteria" associated with WikiLeaks.

Assange was of previous good character, and had voluntarily handed himself in to Kentish Town police station in London. His refusal to be photographed, fingerprinted or give a DNA sample was on legal advice.

He had stayed in Sweden for 40 days after the allegations were made to answer the charges and only left the country after being given "express permission" by the Swedish prosecutor.

Since he had arrived in the UK he had "consistently agreed to talk to the Swedish authorities". His defence fund had been frozen, and he would also be "instantly recognised" if he tried to leave the country, said Jones.

"He resists extradition as it is disproportionate to extradite someone under these circumstances. There has been every indication that the point of this warrant is to get him back for questioning."

The judge said the warrant did state it was for prosecution.

Others offering surety were Professor Patricia David, and the lawyer Geoffrey Sheen, president of Union Solidarity International, who both said although they did not know Assange they were concerned about human rights. An unnamed relative of Assange offered £80,000.

But judge Riddle said: "The nature and strength of the evidence is not there, this is normal at this stage in proceedings. What we have here is the serious possible allegations against someone with comparatively weak community ties in this country. He has the means and ability to abscond if he wants to and I am satisfied that there are substantial grounds to believe if I granted him bail he would fail to surrender."

Downing Street said Assange's arrest was "a matter for the police" and there had been no ministerial involvement.

A WikiLeaks spokesman, Kristinn Hrafnsson, said it would not stop the release of more secret files. "WikiLeaks is operational. We are continuing on the same track as laid out before. Any development with regards to Julian Assange will not change the plans we have with regards to the releases today and in the coming days."

Unlike the UK, Swedish rape law is not based on consent but on the aforementioned concept of sexual integrity. There are a number of possible offences against this integrity. Those that involve both penetration and either physical force or a threat of some illegal act, such as violence, are classified as rape. So are assaults on people who are helpless at the time, either as a result of intoxication or severe mental disturbance. The degree of physical force involved need only be very small. It can be enough merely to move the victim's legs apart, according to Gunilla Berglund, at the Swedish ministry of justice. Rape carries a sentence of between two and six years; aggravated rape a sentence of four to 10 years.

An issue concerning Assange's lawyers is the lack of bail in Swedish criminal procedure. Suspects are remanded in custody when legal grounds can be made out for their detention – particularly when they are foreigners who are deemed at risk of absconding.

However, there are strict limits on the timescale for bringing a suspect to trial, with a formal charge required within two weeks of being remanded into custody, and trial one week after that.

The Swedish director of public prosecutions, Marianne Ny, dismissed suggestions of a political motive for the rape allegations.


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Police don't know if missing Virginia girl went with man willingly - CNN International

12-year-old girl abducted; mom deadBrittany Mae Smith had met the 32-year-old on the InternetThe man moved in with the girl and her mother in OctoberSmith's mother was found dead in their home

(CNN) -- A missing 12-year-old Virginia girl -- whose mother was found dead inside their home -- is believed to be with a 32-year-old man she met on the Internet, authorities said Tuesday, but they don't know whether she went with him willingly.

Police are "still actively searching" for Brittany Mae Smith, and have extended an Amber Alert for another 24 hours, Roanoke County Police Chief Ray Lavinder told reporters.

Authorities launched a search for the seventh-grader Monday after officers found the body of her mother, Tina Smith, 41, inside the family's Salem, Virginia, home. Tina Smith's co-workers contacted police after the woman failed to show up for work Monday morning. Her death is being investigated as a possible homicide, authorities said.

"We are extremely concerned for Brittany's safety," Lavinder said.

Police are "confident" that Brittany Smith is with Jeffrey Scott Easley, Lavinder said. He described Easley as a "friend of the family" who met the girl online over the summer and "developed a relationship" with her. Easley moved in with Smith and her daughter in October, the chief said.

Authorities aren't sure whether Brittany Smith was kidnapped, however. "We believe that she's with him, and we're not exactly sure about the situation," Lavinder said. He said police would like the girl to "at least contact us and let us know that she's OK."

Asked whether police believe Easley is responsible for Tina Smith's death, Lavinder said authorities have no information to indicate that, but that the investigation is ongoing.

"We would like to get Brittany back safely," he said. "We would like to get Mr. Easley back and make sure he's OK, and then we'd like to investigate the murder of Tina."

After finding Tina Smith's body, police soon got information that Brittany Smith's whereabouts were unknown, leading them to issue the statewide alert.

"We found out pretty quickly that (Brittany) had not shown up for school. Nobody seemed to know where she was. We're concerned that her disappearance is going to be, at least a good possibility, it has something to do with the homicide," Roanoke County Police Lt. Chuck Mason said Monday, according to CNN affiliate WSET of Lynchburg, Virginia.

Virginia's Amber Alert website noted early Monday evening that Easley's car, a 2000 red Chevrolet SUV, had been found. But authorities are still looking for Tina Smith's vehicle, a silver 2005 Dodge Neon four-door sedan with Virginia license plates.

Easley, a 265-pound white male, is 5 feet, 11 inches tall, has brown hair and hazel eyes, the Amber Alert says. Brittany Smith is 5 feet tall, weighs 100 pounds, and has straight brown hair and brown eyes.

Hall said authorities don't yet have a specific search area, as they are uncertain which direction Easley might be heading or how far he might have gotten. They have asked anyone with information to call 911 or Roanoke County police at 540-777-8641.


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Salesforce's Database.com and Force.com: Differences? - PC Magazine

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In a move that many are sure to see as direct competition against database heavyweight Oracle and Microsoft's SQL Azure platform, Salesforce.com on Tuesday unveiled its open, cloud-based database platform, Database.com.

Part of Salesforce.com's product arsenal already includes Force.com; its application development platform. So what exactly are the differences between Database.com and Force.com?

Database.com is a database. It will allow customers to develop applications for social, cloud, and mobile on the same platform on which Salesforce.com is built. The big advantage being cited is flexibility-applications can be written in any language and run on many different platforms including Force.com, VMforce, Amazon EC2, Google AppEngine, Heroku, and Microsoft Azure. Customers can also port existing databases to Database.com.

These apps can also run natively on any device, like an Android phone, Blackberry, iPad, or iPhone. These apps can all call the Database.com APIs securely over the Internet. These can be small apps needed by only a few users, or massive apps capable of scaling to support hundreds of thousands of users. User interfaces must be built by a developer using a platform of the developer's choice.

Force.com is an application development platform. Unlike Database.com it features point-and-click app development, has a home page, Chatter UI and other components for reporting and analytics. Salesforce mobile is also a component of Force.com. However, with Database.com, users can build native apps for mobile devices. Force.com and Database.com can be used together or separately.

Database.com is currently scheduled to be generally available as a standalone service in 2011. It will be free to get started. Basic Database.com services, including database access, file storage, and automatic administration, will be available beginning at: free for three users, and up to 100,000 records and 50,000 transactions/month; $10/month for each set of 100,000 records beyond that; and $10/month for each set of 150,000 transactions beyond that. Enterprises can opt for Database.com Enterprise services for $10/user/month which includes user identity, authentication, and row-level security access controls.

Salesforce is emphasizing the security. Database.com leverages Salesforce.com's global service delivery infrastructure, offering SSL, single-sign on, identity confirmation and anti-phishing tools. The platform has also received several certifications including ISO 27001, SAS 70 Type II and SysTrust. Users can give Database.com a try by signing up for a free Force.com account.


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Search continues for Ill. mom who vanished - msnbc.com

The search for an Illinois woman who vanished after her husband was killed in a car accident stretched into a third day on Tuesday.

Volunteers and officers on foot began searching at 9 a.m. and were expected to continue until dark, Keri Myers of the LaSalle County Sheriff's Department told msnbc.com.

Elizabeth Edwards dies of cancer Updated 1 minutes ago 12/7/2010 11:03:37 PM +00:00 Elizabeth Edwards has died of cancer, NBC News has confirmed. She was 61. She was reportedly not in any pain and was surrounded by family and friends at home in North Carolina. Full story

Jobless man's son to get Christmas surprise Updated 46 minutes ago 12/7/2010 10:18:58 PM +00:00 Great Lakes snow piles up in N.Y., Pa. Assange charges: Consensual sex or rape? Updated 29 minutes ago 12/7/2010 10:35:46 PM +00:00 U.S. dilemma: No easy way to charge Assange

Tanya Shannon, 40, a mother of four, was last seen in a red dress and gray fleece hooded jacket riding home from a holiday party on Sunday with her husband Dale Shannon, 41, behind the wheel, authorities said.

Police found the car near Seneca, about 80 miles from Chicago, at 1:45 a.m. Sunday. They said the car spun out of control and the rear of it hit a utility pole, breaking Dale Shannon's back. He was found dead behind the wheel.

Evidence in the car indicated a second person was in the vehicle at the time of the accident.

Tanya Shannon had disappeared. Footprints that investigators believed belonged to her, as well as a shoe, were found nearby, reported WMAQ TV, NBC's Chicago station.

"Tracks coming from the driver's side door of the crashed vehicle up to the road and a shoe, it was like a slip-on shoe, was recovered," LaSalle County Sheriff Tom Templeton said Monday.

Steve Smith of LaSalle County Search and Rescue told WSPL Radio that searchers on Tuesday were looking in an expanded area and probing snow banks with poles.

Authorities said Tanya Shannon may be dead and her body may be under the snow.

'Taking nothing for granted'
"We're taking nothing for granted," said Templeton said. "As long as we have the resources available, we will continue searching."

"They were having a great time. They were dancing together, laughing and very much in love with each other," said Dale's sister, Donna Shannon, WMAQ reported.

Since Sunday, thermal imaging devices, dogs, All-Terrain Vehicles and planes have been used by dozens of people looking for her.

Investigators told WMAQ they have only two working theories: that she was injured and disoriented as she went for help on the bitter cold, wind-swept road and collapsed somewhere in the snow, or that someone picked her up under the guise of offering assistance.

With repeated searches, they have all but disproved their first theory and have no leads on the second.

"Anything that's even remotely close has been gone over several times," Templeton told the Chicago Tribune.

Shannon's family and friends said they're holding out hope that the woman will be found alive, but with temperatures below freezing, time is of the essence.

Templeton said Shannon was a "dedicated, loving mother" who would have contacted her family if she could. He said the Shannons have four children, ages 3, 7, 10 and 13.

Shannon is described as 5 feet, 2 inches tall and weighing about 125 pounds, with shoulder-length strawberry blonde hair and green eyes.

NBC station WMAQ and The Associated Press contributed to this report.


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Nexus S review roundup - Christian Science Monitor

The Nexus S arrives December 16th, but several outlets already have their hands on the new Android phone. Here are some of the early Nexus S reviews.

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The pitch

"Though not officially positioned as such, the Nexus S is an update to the now-retired HTC Nexus One," writes CNET in its preview. CNET likes to take its time with gadgets, so expect its review later this week. "Like its predecessor, the Nexus S offers the 'pure Google' experience without a disruptive manufacturer skin. That means you'll get direct access to a full set of Google applications.... It's the first handset with 'Gingerbread,' the next version of the Android operating system, and it offers a number of feature improvements like a Super AMOLED display with a contour design, an NFC chip, and a second camera. Not everything sounds promising--the Nexus S lacks a memory card slot and support for T-Mobile's HSPA+ network--but we're excited to see it just the same."

The NFC chip

"The much-touted 'Near field communication,' so far, is a let down however," says the UK Telegraph. "That's because few people - in the UK at least - are yet using it. But as with so many Google features it could, in due course, be revolutionary: payments, transport tickets and more could – and should – all soon be based on this technology. For now, however, it’s simply a way of taking people to websites quickly."

The interface

"The UI has also been nipped and tucked all over the place, with icons and navigational elements taking on more of a buffed glass feel," writes Engadget in its preview. "Google has made big improvements to the keyboard, copy / paste, and text selection options, bringing the on-screen QWERTY and its associated components much closer to parity with iOS 4."

The downsides

"The lack of a comma on the keyboard might sound like a little issue, but to us, it's massive and could quickly get annoying," pans Tech Radar. "The text wrapping on the internet browser was hard to get right too (although that could be simply due to the early software build, so we'll wait for judgement on that). The price [$199 on contract, $529 unlocked] is ridiculously high for the average gadget lover - sure, it has come neat features but we reckon that slightly curved display added a few quid to the cost of manufacture, and had it been flat the world would have simultaneously wept."

The final word
"The bottom line is this," states TechCrunch. "If you are an iPhone user this isn’t going to make you switch. If you’re an Android user you will want this phone more than any other. If you’re currently neither, we recommend that you go with the Nexus S. It is better than the iPhone in most ways. What you lose with the slightly less impressive screen and iOS’s slightly slicker user experience you will more than make up for with the Nexus S’s ability to actually make phone calls that don’t drop and Google’s exceptional Navigation and voice input applications. The fact that the phone is unlocked and can be used abroad with other carriers is also a very big plus."


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France Finds Continental Guilty in Crash of Concorde - New York Times

Continental was ordered to pay civil damages of more than $1.3 million to Air France and a fine of $265,000. The mechanic was fined $2,650 and given a suspended 15-month prison sentence; three other defendants involved in the plane’s design and certification were acquitted.

A 2002 report by French air accident investigators concluded that a small strip of metal that had fallen off a Continental DC-10 that took off minutes earlier had punctured a tire of the Concorde as it accelerated down the runway on July 25, 2000. The tire disintegrated in seconds, investigators said, sending shards of rubber into the fuel tanks and sending the plane crashing into a hotel near the airport, flames pouring from its undercarriage.

All 109 passengers and crew members were killed, along with 4 people on the ground.

The court faulted the mechanic, John Taylor, 42, for using titanium, rather than a softer metal like aluminum, to construct a replacement piece for the DC-10 called a "wear strip." It also accused him of improperly attaching the strip to the aircraft, resulting in it falling onto the runway. Continental said it would appeal the “absurd” ruling, which took more than a decade to work its way through the French courts. “To find that any crime was committed in this tragic accident is not supported either by the evidence at trial or by aviation authorities and experts around the world,” Nick Britton, a Continental spokesman, said in an e-mailed statement.

The decision to proceed with criminal charges in the Concorde case has alarmed airlines and aviation safety experts worldwide, who contend that the threat of prosecution can dissuade some witnesses from cooperating in crash investigations. France is one of a handful of countries that routinely seeks criminal indictments in transportation accidents, regardless of whether there is clear evidence of criminal intent or negligence.

"Verdicts like this tend to drive safety underground,” said William R.

Voss, President of the Flight Safety Foundation based in Alexandria, Virginia. "Accident investigations depend on information from professionals who can admit mistakes when they happen,” he said. The threat of criminal conviction "generates a climate where people are unlikely to do that,” he said.

At the trial, before Judge Dominique Andréassier in Pontoise, northwest of Paris, a lawyer for Continental, Olivier Metzner, argued that investigators had disregarded accounts of more than 20 witnesses that the plane appeared to have caught fire at a point on the runway several yards before it reached the metal strip.

The three defendants who were acquitted were Henri Perrier, 81, considered the “father” of the iconic supersonic jet and an executive of Aérospatiale, the company that built the Concorde; and Jacques Hérubel and Claude Frantzen, formerly of the French airline regulator that certified the plane’s airworthiness.

Air France itself was not accused of wrongdoing and joined the case as a civil party in the hope of recouping damages from Continental. The $1.3 million in damages awarded on Monday was far less than the nearly $20 million the French airline had sought. The airline reached a $150 million settlement in 2001 with the families of the victims, most of whom were German citizens. But Monday’s verdict could still open the door to millions of dollars in potential litigation by the victims’ families against Continental and against European Aeronautic Defense and Space, the parent company of Airbus, which absorbed Aérospatiale in the 1970s. Judge Andréassier said EADS would have to share 30 percent of any future civil damages resulting from the accident.

The crash of Air France Flight 4590 was the only fatal accident involving the Concorde, which first took to the skies in 1969. became an emblem of trans-Atlantic luxury travel. Flying at twice the speed of sound, its Paris-New York crossing was less than four hours and its London-New York time just three and a half.

The disaster helped bring an end to the commercial operations of the plane, which had become a financial burden for its two operators, Air France and British Airways. Both airlines took the plane out of service in 2003. Only 20 of the planes were built, and just 14 entered commercial service.


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