Morsi Urged to Retract Edict to Bypass Judges in Egypt

Tara Todras-Whitehill for The New York Times

Protesters lit flares and denounced the edict of President Mohamed Morsi during clashes with riot police officers in front of the high court building in Cairo on Saturday. More Photos »

CAIRO — The association of judges here called Saturday for courts across Egypt to suspend all but their most vital activities to protest an edict by President Mohamed Morsi granting himself unchecked power by setting his decrees above judicial review until the ratification of a new constitution.

The judges’ strike, which drew the support of the leader of the national lawyers’ association, would be the steepest escalation yet in a political struggle between the country’s new Islamist leaders and the institutions of the authoritarian government that was overthrown last year. As it spills into the courts and the streets, the dispute also increasingly threatens to undermine the credibility of Egypt’s political transition as well.

A council that oversees the judiciary denounced Mr. Morsi’s decree, which was issued Thursday, as “an unprecedented attack on judicial independence,” and urged the president to retract parts of the decree eliminating judicial oversight.

State news media reported that judges and prosecutors had already walked out in Alexandria, and there were other news reports of walkouts in Qulubiya and Beheira, but those could not be confirmed.

Outside Egypt’s high court in Cairo, the police fired tear gas at protesters who were denouncing Mr. Morsi and trying to force their way into the building, the second day in a row that protesters took to the streets over the presidential decree, which critics have assailed as a return to autocracy.

Abdel Meguid Mahmoud, a prosecutor appointed by Mr. Morsi’s predecessor, Hosni Mubarak, declared to a crowd of cheering judges that the presidential decree was “null and void.” He denounced what he described as “the systematic campaign against the country’s institutions in general and the judiciary in particular.”

A coalition of disparate opposition leaders including the liberal former United Nations diplomat Mohamed ElBaradei, the leftist-nationalist Hamdeen Sabahy, and the former Mubarak-government foreign minister Amr Moussa formed a self-proclaimed National Salvation Front to oppose the decree. In addition to demanding the dissolution of the constitutional assembly, the group declared that it would not speak with Mr. Morsi until he withdrew his decree.

“We will not enter into a dialogue about anything while this constitutional declaration remains intact and in force,” Mr. Moussa said. “We demand that it be withdrawn and then we can talk.”

As the judges group called for a suspension of the courts, a growing number of lawyers filed claims demanding that the courts seek to overturn Mr. Morsi’s decree, joining the battle between the executive and judicial powers.

Advisers to Mr. Morsi, a former leader of the Muslim Brotherhood and Egypt’s first democratically elected president, defended his action, saying he was trying to prevent the courts from disbanding the Islamist-dominated constitutional assembly, which is writing a new constitution. The nation’s top courts had already dissolved the Islamist-led parliament and an earlier Islamist-led constituent assembly.

The advisers said a court decision on the new constitutional assembly had been expected as soon as next Sunday.

The judges’ group, as well as the newly unified secular opposition, have demanded that Mr. Morsi withdraw his decree, and that he disband and replace the current constitutional assembly. Many of the assembly’s non-Islamist members, including secularists and representatives of the Coptic Church, had already quit the body to protest the Islamists’ domination.

The increasingly vocal criticism of the assembly threatens to undermine the legitimacy of the ultimate charter, and has only increased the likelihood that the Islamist leaders may seek to pass and ratify it on their own, over the opposition of other groups, further damaging its credibility.

The opposition to the decree has also reinforced the fears of Islamists that judges appointed by Mr. Mubarak and the secular opposition were deliberately seeking to derail the process rather than accept their defeats at the polls.

Nevine Ramzy and Mai Ayyad contributed reporting.

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AP PHOTOS: Simple surgery heals blind Indonesians

PADANG SIDEMPUAN, Indonesia (AP) — They came from the remotest parts of Indonesia, taking crowded overnight ferries and riding for hours in cars or buses — all in the hope that a simple, and free, surgical procedure would restore their eyesight.

Many patients were elderly and needed help to reach two hospitals in Sumatra where mass eye camps were held earlier this month by Nepalese surgeon Dr. Sanduk Ruit. During eight days, more than 1,400 cataracts were removed.

The patients camped out, sleeping side-by-side on military cots, eating donated food while fire trucks supplied water for showers and toilets. Many who had given up hope of seeing again left smiling after their bandages were removed.

"I've been blind for three years, and it's really bad," said Arlita Tobing, 65, whose sight was restored after the surgery. "I worked on someone's farm, but I couldn't work anymore."

Indonesia has one of the highest rates of blindness in the world, making it a target country for Ruit who travels throughout the developing world holding free mass eye camps while training doctors to perform the simple, stitch-free procedure he pioneered. He often visits hard-to-reach remote areas where health care is scarce and patients are poor. He believes that by teaching doctors how to perform his method of cataract removal, the rate of blindness can be reduced worldwide.

Cataracts are the leading cause of blindness globally, affecting about 20 million people who mostly live in poor countries, according to the World Health Organization.

"We get only one life, and that life is very short. I am blessed by God to have this opportunity," said Ruit, who runs the Tilganga Eye Center in Katmandu, Nepal. "The most important of that is training, taking the idea to other people."

During the recent camps, Ruit trained six doctors from Indonesia, Thailand and Singapore.

Here, in images, are scenes from the mobile eye camps:

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Kettleman City activists seek to block expansion of toxic dump

KETTLEMAN CITY, Calif. — Environmental activists and leaders of this impoverished community, outraged by unreported spills of cancer-causing chemicals, are trying to block expansion of a toxic waste dump that is the largest of its kind west of the Mississippi River.

Activists say the history of the troubled Chemical Waste Management dump and new citations alleging failure to report 72 hazardous materials spills over the last four years show the company cannot be trusted to protect public health. The state Department of Toxic Substances Control issued the citations earlier this month — and is the agency that must rule on the proposed expansion.

"If this new case is not enough to demonstrate a pattern and practice of violations, I don't know what else the agency would need to see," said Ingrid Brostrom, an attorney with the Center on Race, Poverty and the Environment. The 1,600-acre dump is just off Interstate 5 in Central California.

Company officials say the 30-year-old landfill is among the most heavily regulated and monitored facilities of its kind, overseen by nearly a dozen state and federal agencies. During a recent tour of the facility, Bob Henry, Chemical Waste senior district manager, said the spills in question were small, caused by third parties and cleaned up on the site.

State regulators "are simply saying we were supposed to report the spills verbally and with a written report," Henry said. "Is this a major issue? No."

Brian Johnson, the state agency's deputy director of enforcement, disagreed. "It is very serious," he said. "We view these violations as consistent with a troubling pattern and emblematic of a system failure on Chemical Waste's part."

Residents of this close-knit community of 1,500, most of them low-income farmworkers, have long distrusted the facility 3.2 miles from the city. They believe the dump, the only one in California licensed to accept carcinogenic polychlorinated biphenyls, or PCBs, is responsible for serious illnesses, birth defects and deaths among children.

A survey by state health investigators ruled out the dump as the reason 11 babies were born with illnesses including cleft palates and other physical deformities in Kettleman City between September 2007 and March 2010. Three of the babies died.

Despite those findings, many residents blame the landfill. This month, the city has rallied around Ivonne Rangel, whose 2-year-old son Daniel died of leukemia Nov. 12.

Standing last week beside a living-room shrine composed of cheery portraits of her son, fresh roses, toys, rosary beads and candles, Rangel said, "The first thing that came to my mind after my son was diagnosed with aggressive leukemia was that toxic waste dump.

"They say there is no connection between our sick children and the dump, but that is big lie," Rangel said, her eyes filled with tears.

Family and friends held a memorial service and funeral for the boy several days ago.

Maria Saucedo, whose daughter, Ashley, was born with a cleft palate and other ailments and died at 11 months, said she felt "offended and let down by a system that would even consider expanding the dump after all the legal problems and children born with defects."

Chemical Waste officials say the facility is running out of room. With less available space, the company has reduced the amount of hazardous materials it receives from throughout the state to roughly 120,000 tons a year. About 1% of that is PCBs, which are found in electrical transformers, voltage regulators and additives to lubricating and cutting oils.

In 1985, the Environmental Protection Agency fined the company $2.1 million for violations that included operating additional landfills and waste ponds without authorization.

In 2003, the waste dump was among 22 such facilities that California EPA officials determined emitted unusually high levels of radiation.

In 2005, the company was fined $10,000 for violating federal PCB monitoring requirements. It was cited again in 2007 for failing to properly analyze incoming wastes, storm water runoff and leachate for PCBs, and for failing to properly calibrate analytical equipment.

In 2010, the EPA levied a $302,100 fine against the facility for failing to properly manage PCBs. A year later, the facility agreed to pay $400,000 in fines and spend $600,000 on laboratory upgrades needed to properly manage hazardous materials.

Maricela Mares-Alatorre, an activist with Greenaction for Health and Environmental Justice and a Kettleman City mother of two, said activists hope the latest citations will be "an eye-opener for state regulators."

louis.sahagun@latimes.com

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With Cease-Fire Joy in Gaza, Palestinian Factions Revive Unity Pledges

GAZA — A cease-fire that halted eight days of lethal conflict between Israel and Hamas brought jubilation to Gaza on Thursday as thousands of flag-waving residents poured into the streets and competing Palestinian factions sought to use the moment to revive their efforts to unify. In Israel, where the mood was more cynical and subdued, troops deployed to the border began pulling back.

The cease-fire agreement, which took effect on Wednesday night and seemed to be holding through Thursday, averted a full-scale Israeli ground invasion of Gaza. It did not resolve the underlying issues between the antagonists but said they would be addressed later, in a vague process that would not begin until at least 24 hours of calm had elapsed.

The wording of the agreement, reached under strong Egyptian and American diplomatic pressure, allowed both sides to claim some measure of victory in the battle of aerial weaponry that had killed at least 150 Palestinians and five Israelis over the past week. A sixth Israeli, a soldier, died on Thursday from wounds received before the cease-fire.

Whether the agreement succeeds could provide an early test of how Egypt’s new Islamist government might influence the Israeli-Palestinian conflict, the most intractable in the Middle East.

Gaza City roared back to life after more than a week of nonstop Israeli aerial assaults had left the streets vacant. Gazans carried flags not just in the signature green of Hamas, the militant group that governs Gaza, but also the yellow of its rival Fatah faction, the black of Islamic Jihad and the red of the Popular Front for the Liberation of Palestine.

“It’s the first time in 70 years I feel proud and my head held high,” said Mohamed Rajah, 71, a refugee from Haifa, Israel, who rushed to kiss four masked militants of the Islamic Jihad faction as they prepared for a news conference. “It’s a great victory for the people of Palestine. Nobody says it’s Hamas, nobody says it’s Islamic Jihad or Fatah — Palestine only.”

Ismail Haniya, the Hamas prime minister of Gaza who had largely remained in hiding after the initial Israeli assault on Nov. 14 that killed Ahmed al-Jabari, the head of the Hamas military wing, appeared at a unity rally alongside Mustafa Barghouti of the Palestinian National Initiative, a member of the Palestinian leadership that governs the Israeli-occupied West Bank and who has spent the past several days in Gaza. Mr. Barghouti said the leaders of all Palestinian factions would meet in Cairo in coming days to discuss reconciling their differences.

“The Palestinian people have won today,” Mr. Barghouti told hundreds outside the parliament building. “We must continue this victory by making our national unity.” Mr. Haniya, in a televised speech later, said “The blood of Jabari united the people of the nation on the choice of jihad and resistance.”

With Israeli forces still massed on the Gaza border, a tentative calm in the fighting descended after the agreement was announced. But the tens of thousands of Israeli reservists called up during the crisis began to withdraw from staging areas along the Gaza border, where the Israeli military had prepared for a possible invasion of Gaza for the second time in four years.

In southern Israel, the target of more than 1,500 rockets fired from Gaza over the past week, wary residents began to return to routine. But schools within a 25-mile radius of the Palestinian enclave remained closed.

A rocket alert sounded at the small village of Nativ Haasara near the border with Gaza on Thursday morning, sending residents running for shelter. The military said the alert had been a false alarm.

Israel Radio said a dozen rockets were fired from Gaza in the first few hours of the cease-fire, but Israeli forces did not respond. In the rival Twitter feeds that offered a cyberspace counterpoint to the exchanges of airstrikes and rockets, the Israel Defense Forces said they had achieved their objectives of severely damaging Hamas’s military capabilities.

At the same time, Israeli security forces said on Thursday that they had detained 55 Palestinian militants in the West Bank after confrontations. The army said the detentions were designed to “continue to maintain order” and to “prevent the infiltration of terrorists into Israeli communities.”

Jodi Rudoren reported from Gaza, and David D. Kirkpatrick from Cairo. Reporting was contributed by Fares Akram from Gaza, Isabel Kershner from Jerusalem, Mayy El Sheikh from Cairo, Rick Gladstone from New York, and Alan Cowell from Paris.

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National Dog Show Crowns Wire Fox Terrier Best in Show - Again

People Pets

By Alison Schwartz

11/22/2012 at 06:00 PM EST

It was a cute case of déjà vu at this year's National Dog Show, which gave top prize to a wire fox terrier again.

GCH Afterall Painting the Sky (a.k.a. Sky) was named the 2012 Best in Show winner on Thursday's Thanksgiving day broadcast. It's the first time that the same breed has consecutively won the top spot at a major competition since an English springer spaniel won Westminster in 1971 and 1972. (Think Eira, last year's wire fox terrier winner, wants her paw-tograph?)

After quickly becoming the top dog of the terrier group when the show was taped Saturday, Sky bested an affenpinscher, an American foxhound, a Great Dane, a Tibetan Spaniel, a bearded collie and a Field Spaniel to take home highest honors at the show, which featured more than 1,500 canine participants.

"Sky is a very beautiful wire fox terrier," handler Gabriel Rangel, who's now won the dog show three of the last four years, said post-victory. "She is a natural show dog with a short, well-balanced body. She has a beautiful head and her face is unbelievable."

Of course, Best in Show judge Vicki Abbott agreed, saying, "She has a keen expression and that dense, wiry coat. The handler let her show herself, and she performed."

Too busy with Turkey Day to watch the fur fly? The show will re-air Friday at 8 p.m. (all time zones) on NBC.

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Study finds mammograms lead to unneeded treatment

Mammograms have done surprisingly little to catch deadly breast cancers before they spread, a big U.S. study finds. At the same time, more than a million women have been treated for cancers that never would have threatened their lives, researchers estimate.

Up to one-third of breast cancers, or 50,000 to 70,000 cases a year, don't need treatment, the study suggests.

It's the most detailed look yet at overtreatment of breast cancer, and it adds fresh evidence that screening is not as helpful as many women believe. Mammograms are still worthwhile, because they do catch some deadly cancers and save lives, doctors stress. And some of them disagree with conclusions the new study reached.

But it spotlights a reality that is tough for many Americans to accept: Some abnormalities that doctors call "cancer" are not a health threat or truly malignant. There is no good way to tell which ones are, so many women wind up getting treatments like surgery and chemotherapy that they don't really need.

Men have heard a similar message about PSA tests to screen for slow-growing prostate cancer, but it's relatively new to the debate over breast cancer screening.

"We're coming to learn that some cancers — many cancers, depending on the organ — weren't destined to cause death," said Dr. Barnett Kramer, a National Cancer Institute screening expert. However, "once a woman is diagnosed, it's hard to say treatment is not necessary."

He had no role in the study, which was led by Dr. H. Gilbert Welch of Dartmouth Medical School and Dr. Archie Bleyer of St. Charles Health System and Oregon Health & Science University. Results are in Thursday's New England Journal of Medicine.

Breast cancer is the leading type of cancer and cause of cancer deaths in women worldwide. Nearly 1.4 million new cases are diagnosed each year. Other countries screen less aggressively than the U.S. does. In Britain, for example, mammograms are usually offered only every three years and a recent review there found similar signs of overtreatment.

The dogma has been that screening finds cancer early, when it's most curable. But screening is only worthwhile if it finds cancers destined to cause death, and if treating them early improves survival versus treating when or if they cause symptoms.

Mammograms also are an imperfect screening tool — they often give false alarms, spurring biopsies and other tests that ultimately show no cancer was present. The new study looks at a different risk: Overdiagnosis, or finding cancer that is present but does not need treatment.

Researchers used federal surveys on mammography and cancer registry statistics from 1976 through 2008 to track how many cancers were found early, while still confined to the breast, versus later, when they had spread to lymph nodes or more widely.

The scientists assumed that the actual amount of disease — how many true cases exist — did not change or grew only a little during those three decades. Yet they found a big difference in the number and stage of cases discovered over time, as mammograms came into wide use.

Mammograms more than doubled the number of early-stage cancers detected — from 112 to 234 cases per 100,000 women. But late-stage cancers dropped just 8 percent, from 102 to 94 cases per 100,000 women.

The imbalance suggests a lot of overdiagnosis from mammograms, which now account for 60 percent of cases that are found, Bleyer said. If screening were working, there should be one less patient diagnosed with late-stage cancer for every additional patient whose cancer was found at an earlier stage, he explained.

"Instead, we're diagnosing a lot of something else — not cancer" in that early stage, Bleyer said. "And the worst cancer is still going on, just like it always was."

Researchers also looked at death rates for breast cancer, which declined 28 percent during that time in women 40 and older — the group targeted for screening. Mortality dropped even more — 41 percent — in women under 40, who presumably were not getting mammograms.

"We are left to conclude, as others have, that the good news in breast cancer — decreasing mortality — must largely be the result of improved treatment, not screening," the authors write.

The study was paid for by the study authors' universities.

"This study is important because what it really highlights is that the biology of the cancer is what we need to understand" in order to know which ones to treat and how, said Dr. Julia A. Smith, director of breast cancer screening at NYU Langone Medical Center in New York. Doctors already are debating whether DCIS, a type of early tumor confined to a milk duct, should even be called cancer, she said.

Another expert, Dr. Linda Vahdat, director of the breast cancer research program at Weill Cornell Medical College in New York, said the study's leaders made many assumptions to reach a conclusion about overdiagnosis that "may or may not be correct."

"I don't think it will change how we view screening mammography," she said.

A government-appointed task force that gives screening advice calls for mammograms every other year starting at age 50 and stopping at 75. The American Cancer Society recommends them every year starting at age 40.

Dr. Len Lichtenfeld, the cancer society's deputy chief medical officer, said the study should not be taken as "a referendum on mammography," and noted that other high-quality studies have affirmed its value. Still, he said overdiagnosis is a problem, and it's not possible to tell an individual woman whether her cancer needs treated.

"Our technology has brought us to the place where we can find a lot of cancer. Our science has to bring us to the point where we can define what treatment people really need," he said.

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Online:

Study: http://www.nejm.org/doi/full/10.1056/NEJMoa1206809

Screening advice: http://www.uspreventiveservicestaskforce.org/uspstf/uspsbrca.htm

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Girlfriend helped actor killed 2 college students, police say

The former fiancee of a community theater actor charged in the double slaying of an Orange Coast College student and his tutor has been arrested by Costa Mesa police.

Rachel Buffett, 25, of Long Beach was arrested Tuesday on suspicion of being an accessory to murder after the fact and is being held on $1-million bail, according to police.

Police said Buffett remained a suspect during the two-year investigation. "She was never out of our focus," Costa Mesa Police Lt. Paul Dondero told the Daily Pilot. "She's always been in focus, along with other aspects of the case."

Authorities did not detail her alleged involvement in the killings.

At the time of the crimes, Buffett and Daniel Patrick Wozniak, 28, lived in the Camden Martinique complex in Costa Mesa, as did 26-year-old Samuel Herr, one of the victims.

Police said Wozniak, a noted community actor, killed Herr in the theater of the Joint Forces Training Center in Los Alamitos before dismembering his body and leaving his head and hands in nearby El Dorado Park Nature Center in Long Beach.

In May, a prosecutor from the Orange County district attorney's office presented evidence that Wozniak lured Herr to the military base under the pretenses of needing help to move furniture.

Authorities allege Wozniak then killed Herr's friend and tutor, Juri "Julie" Kibuishi, 23, in Herr's apartment, then staged the crime to make it look like a sexual assault.

Wozniak then used Herr's cellphone to text Kibuishi, asking her to come over and talk, police said.

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Clinton Arrives in Middle East as Egypt Says Truce in Gaza Is Close

JERUSALEM — Diplomatic efforts accelerated on Tuesday to end the lethal confrontation between Israel and Palestinian militants in Gaza on one of the most violent days yet in the conflict, as the United States sent Secretary of State Hillary Rodham Clinton to the Middle East and Egypt’s president and his senior aides expressed confidence that a cease-fire was close.

But by late evening there was no announcement, and Mrs. Clinton said she would be working in coming days to complete an agreement. Appearing beside Prime Minister Benjamin Netanyahu of Israel to speak briefly to the press, Mrs. Clinton said she hoped to achieve an end to the hostilities with a deal that moves “toward a comprehensive peace for all people in the region.” Mr. Netanyahu told Mrs. Clinton that if the rocket fire from Gaza stopped he was prepared to agree on a “long-term solution.”

The diplomatic moves to end the nearly week-old crisis came as the antagonists on both sides intensified their attacks before any cease-fire takes effect.

Israeli aerial and naval forces assaulted several Gaza targets in multiple strikes, including a suspected rocket-launching site near Al Shifa hospital, which killed more than a dozen people. Those deaths brought the total number of fatalities in Gaza so far to more than 130 — roughly half of them civilians, the Gaza Health Ministry said. A delegation visiting from the Arab League canceled a news conference at the hospital because of the Israeli aerial assaults as wailing ambulances brought victims in, some of them decapitated.

The Israeli assaults carried into early Wednesday, with multiple blasts punctuating the darkened Gaza skies.

Militants in Gaza fired a barrage of at least 200 rockets into Israel, killing an Israeli soldier — the first military casualty on the Israeli side since the hostilities broke out last week. The Israel Defense Forces said the soldier, identified as Yosef Fartuk, 18, died from a rocket strike that hit an area near Gaza. Israeli officials said a civilian military contractor working near the Gaza border was also killed, bringing the total number of fatalities in Israel from the past week of rocket mayhem to five.

Other Palestinian rockets hit the southern Israeli cities of Beersheba and Ashdod, and longer-range rockets were fired at Tel Aviv and Jerusalem, but neither main city was struck and no casualties were reported. One Gaza rocket hit a building in the Israeli city of Rishon Lezion, just south of Tel Aviv, injuring one person and wrecking the top three floors.

Senior Egyptian officials in Cairo said Israel and Hamas, the militant Islamist group that governs Gaza, were “very close” to a cease-fire agreement that could be announced within hours. “We have not received final approval but I hope to receive it any moment,” said Essam el-Haddad, President Mohamed Morsi’s top foreign affairs adviser.

Foreign diplomats who were briefed on the outlines of a tentative agreement said it had been structured in stages — first, an announcement of a cease-fire, followed by its implementation for 48 hours. That would allow time for Mrs. Clinton to involve herself in the process on the ground here and create a window for negotiators to agree on conditions for a longer-term cessation of hostilities.

By late evening, however, there was no word on an announcement, and Israeli television was saying the talks needed more time. In Cairo, Egyptian news reports quoted Hamas officials as blaming Israel for delaying a deal and an announcement was unlikely before Wednesday.

The announcement of Mrs. Clinton’s active role in efforts to defuse the crisis added a strong new dimension to the multinational push to avert a new Middle East war. Israel has amassed thousands of soldiers on the border with Gaza and has threatened to invade the crowded Palestinian enclave for the second time in four years to stop the persistent rockets that have been lobbed at Israel.

Mrs. Clinton, who accompanied President Obama on his three-country Asia trip, left Cambodia on her own plane immediately for the Israel, and upon arrival in the late evening went into immediate talks with Israeli leaders.

She was scheduled to visit the West Bank later to meet with Palestinian leaders and then go to Cairo to consult with Egyptian officials.

Isabel Kershner reported from Jerusalem; Peter Baker from Phnom Penh, Cambodia; and Rick Gladstone from New York. Reporting was contributed by Jodi Rudoren and Fares Akram from Gaza City, David D. Kirkpatrick from Cairo, Ethan Bronner from Jerusalem and David E. Sanger from Washington.

This article has been revised to reflect the following correction:

Correction: November 20, 2012

Because of an editing error, an earlier version of this article misspelled the family name of the Israeli soldier who was killed in a Palestinian rocket attack on Tuesday. He is Yosef Fartuk, not Yosef Faruk. 

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Ariel Winter Suffered Emotional Abuse by Mom: Children's Services

By Ken Lee

11/20/2012 at 06:35 PM EST

Ariel Winter and mom Chris Workman

Splash News Online

Ariel Winter, 14, will remain in the care of her adult sister, Shanelle Gray, for now, a judge ruled Tuesday in the family's bitter fight over the Modern Family actress.

A Department of Children and Family Services report to the court found evidence of emotional abuse by Ariel's mother, Chrisoula Workman, but that Ariel's allegations of physical abuse were "unsubstantiated."

The report also recommended that Gray be awarded permanent guardianship. A trial date will be set to settle that question.

Anita Gumm, an attorney for Chrisoula, had argued that Gray, 34, was an unfit guardian because she's "too young" and "has her own family to deal with," and raised speculation that Gray and her husband were only interested in caring for Ariel for their own personal gain.

"We implore the court to send the kid to her dad," Gumm stated. "Being a controlling mother doesn't mean [my client] is unfit."

But Los Angeles Superior Court Judge Michael Levanas stated that Gray had said "eloquent things" at a prior hearing about the family needing to heal. "I don't think she has ulterior motives," he said.

Earlier in the hearing, an attorney for Ariel's father, Glenn Workman, suggested that the father could move into the family home and have Ariel's mother move out.

But the judge ruled against it: "I have questions about the nature and strength of the relationship with her father," Levanas said. (Ariel's parents have been separated for some time, with the father living elsewhere, according to his attorney.)

Asked for comment following the hearing, Chrisoula said, "I love my daughter and I just want our family to be back together."

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OB/GYNs back over-the-counter birth control pills

WASHINGTON (AP) — No prescription or doctor's exam needed: The nation's largest group of obstetricians and gynecologists says birth control pills should be sold over the counter, like condoms.

Tuesday's surprise opinion from these gatekeepers of contraception could boost longtime efforts by women's advocates to make the pill more accessible.

But no one expects the pill to be sold without a prescription any time soon: A company would have to seek government permission first, and it's not clear if any are considering it. Plus there are big questions about what such a move would mean for many women's wallets if it were no longer covered by insurance.

Still, momentum may be building.

Already, anyone 17 or older doesn't need to see a doctor before buying the morning-after pill — a higher-dose version of regular birth control that can prevent pregnancy if taken shortly after unprotected sex. Earlier this year, the Food and Drug Administration held a meeting to gather ideas about how to sell regular oral contraceptives without a prescription, too.

Now the influential American College of Obstetricians and Gynecologists is declaring it's safe to sell the pill that way.

Wait, why would doctors who make money from women's yearly visits for a birth-control prescription advocate giving that up?

Half of the nation's pregnancies every year are unintended, a rate that hasn't changed in 20 years — and easier access to birth control pills could help, said Dr. Kavita Nanda, an OB/GYN who co-authored the opinion for the doctors group.

"It's unfortunate that in this country where we have all these contraceptive methods available, unintended pregnancy is still a major public health problem," said Nanda, a scientist with the North Carolina nonprofit FHI 360, formerly known as Family Health International.

Many women have trouble affording a doctor's visit, or getting an appointment in time when their pills are running low — which can lead to skipped doses, Nanda added.

If the pill didn't require a prescription, women could "pick it up in the middle of the night if they run out," she said. "It removes those types of barriers."

Tuesday, the FDA said it was willing to meet with any company interested in making the pill nonprescription, to discuss what if any studies would be needed.

Then there's the price question. The Obama administration's new health care law requires FDA-approved contraceptives to be available without copays for women enrolled in most workplace health plans.

If the pill were sold without a prescription, it wouldn't be covered under that provision, just as condoms aren't, said Health and Human Services spokesman Tait Sye.

ACOG's opinion, published in the journal Obstetrics & Gynecology, says any move toward making the pill nonprescription should address that cost issue. Not all women are eligible for the free birth control provision, it noted, citing a recent survey that found young women and the uninsured pay an average of $16 per month's supply.

The doctors group made clear that:

—Birth control pills are very safe. Blood clots, the main serious side effect, happen very rarely, and are a bigger threat during pregnancy and right after giving birth.

—Women can easily tell if they have risk factors, such as smoking or having a previous clot, and should avoid the pill.

—Other over-the-counter drugs are sold despite rare but serious side effects, such as stomach bleeding from aspirin and liver damage from acetaminophen.

—And there's no need for a Pap smear or pelvic exam before using birth control pills. But women should be told to continue getting check-ups as needed, or if they'd like to discuss other forms of birth control such as implantable contraceptives that do require a physician's involvement.

The group didn't address teen use of contraception. Despite protests from reproductive health specialists, current U.S. policy requires girls younger than 17 to produce a prescription for the morning-after pill, meaning pharmacists must check customers' ages. Presumably regular birth control pills would be treated the same way.

Prescription-only oral contraceptives have long been the rule in the U.S., Canada, Western Europe, Australia and a few other places, but many countries don't require a prescription.

Switching isn't a new idea. In Washington state a few years ago, a pilot project concluded that pharmacists successfully supplied women with a variety of hormonal contraceptives, including birth control pills, without a doctor's involvement. The question was how to pay for it.

Some pharmacies in parts of London have a similar project under way, and a recent report from that country's health officials concluded the program is working well enough that it should be expanded.

And in El Paso, Texas, researchers studied 500 women who regularly crossed the border into Mexico to buy birth control pills, where some U.S. brands sell over the counter for a few dollars a pack. Over nine months, the women who bought in Mexico stuck with their contraception better than another 500 women who received the pill from public clinics in El Paso, possibly because the clinic users had to wait for appointments, said Dr. Dan Grossman of the University of California, San Francisco, and the nonprofit research group Ibis Reproductive Health.

"Being able to easily get the pill when you need it makes a difference," he said.

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Online:

OB/GYN group: http://www.acog.org

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