Gunman in Firefighter Ambush Left Chilling Note

WEBSTER, N.Y. — The gunman who killed two firefighters in an ambush on Monday in this drowsy town on the shores of Lake Ontario expressed a passion for killing and a desire to destroy as much of his neighborhood as possible, the police said on Tuesday.

Monroe County Sheriff's Office, via Reuters

William Spengler

Jamie Germano/Democrat

House fires burned in Webster, N.Y., on Monday after two firefighters were shot dead after they arrived on the scene. Two more firefighters were wounded.

The gunman, identified as William Spengler, 62, left behind a chilling typewritten note recovered by investigators, Gerald L. Pickering, the police chief in Webster, told reporters on Tuesday. Chief Pickering, who described the writing as rambling, read just a portion of the note: “I still have to get ready to see how much of the neighborhood I can burn down and do what I like doing best – killing people.”

Chief Pickering also said that it was likely that the gunman used a semi-automatic rifle, one of three weapons recovered from the shooting scene, to kill the firefighters. He identifed the semi-automatic as a .223 Bushmaster rifle, the same weapon used in the school massacre in Newtown, Conn.

The violence on Monday unfolded with a simple call to put out a car fire, the sort of routine job firefighters tackle all the time. The fire truck hurtled to the assignment early Monday in a town that was preparing for the joys of Christmas.

But it apparently was a trap, the authorities said. There were a house and a car burning. There was also a waiting killer, who had stationed himself like a sniper on a berm above the firefighters.

Before they could begin to extinguish the flames, the firefighters were met by a burst of gunfire. Four were hit by the volley of bullets, and two died. An off-duty police officer from nearby Greece, N.Y., who was on his way to work, was wounded when he and his car were hit by shrapnel.

For a few hours, the scene was chaotic: flames ignited adjacent houses as the police frantically searched for the gunman, later identified as Mr. Spengler. They would find him dead near the beach, with a self-inflicted gunshot wound to the head. Mr. Spengler had a lengthy criminal record and lived in the burning house. In 1981, he pleaded guilty to manslaughter for bludgeoning his 92-year-old grandmother to death with a hammer. He was imprisoned until 1998.

He remained on supervised parole until 2006, and the Webster police said they had not had recent brushes with him. His mother, Arline, who lived in the same house, died this year. A former neighbor, Roger D. Vercruysse, said Mr. Spengler and his sister had also lived in the house, but “he stayed in one part with his mother and his sister stayed in the other part, and they never talked to each other.”

Mr. Spengler’s ire for his sister was matched by love for his mother, Mr. Vercruysse said.

Mr. Spengler did not seem to have a lot of friends, but “every time I needed help, he was there,” Mr. Vercruysse, 64, said, whether it was for shoveling snow or driving Mr. Vercruysse’s blind sister to the store. The police said they found Mr. Spengler with three weapons by his side, including the Bushmaster, a Smith and Wesson. .38-caliber revolver and a Mossberg 12-gauge pump shotgun. The authorities said that they did not know where he had gotten the weapons, but that there had been recent gun thefts in Monroe County, where Webster is. As a felon, Mr. Spengler was prohibited from owning guns.

The authorities said they were unaware of a motive, but Chief Pickering suggested that “there were certainly mental health issues involved.”

The episode comes a little over a week after the Newtown attack, and with the country engaged in an intense debate over gun control and care of the mentally ill. Grieving, Chief Pickering said in an interview: “We know that people are slipping through the cracks, not getting the help they need. And I suspect that this gentleman slipped through the cracks. Maybe he should have been under more intense supervision, maybe he should not have been in the public, maybe he should have been institutionalized, having his problems dealt with.”

The ambush shook residents of Webster, a town 12 miles northeast of Rochester.

“These people get up in the middle of the night to go put out fires,” Chief Pickering said of his lost firefighters. “They don’t expect to be shot and killed.”

Liz Robbins reported from Webster, N.Y., and N. R. Kleinfield from New York. Reporting was contributed by Matt Flegenheimer, J. David Goodman, Andy Newman, Michael D. Regan, Wendy Ruderman and Sarah Wheaton.

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Reaction to the death of actor Jack Klugman

Celebrities on Monday reacted to the death of "Odd Couple" star Jack Klugman, who died Monday at age 90. Here are samples of sentiments expressed on Twitter:

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"R.I.P. Jack Klugman, Oscar, Quincy a man whose career spanned almost 50 years. I first saw him on the Twilight Zone. Cool guy wonderful actor." — Whoopi Goldberg.

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"You made my whole family laugh together." — Actor Jon Favreau, of "Swingers," ''Iron Man" and other films.

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"I worked with Jack Klugman several years ago. He was a wonderful man and supremely talented actor. He will be missed" — Actor Max Greenfield, of the "New Girl" on Fox.

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"So sorry to hear that Jack Klugman passed away. I learned a lot, watching him on television" — Dan Schneider, creator of Nickelodeon TV shows "iCarly," ''Drake and Josh" ''Good Burger," ''Drake & Josh."

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Gun Makers Based in Connecticut Form a Potent Lobby

Gun owners packed a hearing room in the Connecticut capital, vowing to oppose a bill that would require new markers on guns so that they are easier to trace.

One after another, they testified that the technology, called microstamping, was flawed and would increase the cost of guns.

But the witness who commanded the most attention in Hartford that day in 2009 was a representative of one of Connecticut’s major employers: the Colt Manufacturing Company, the gun maker.

The Colt executive, Carlton S. Chen, said the company would seriously consider leaving the state if the bill became law. “You would think that the Connecticut government would be in support of our industry,” Mr. Chen said.

Soon, Connecticut lawmakers shelved the bill; they have declined to take it up since. Now, in the aftermath of the school massacre in Newtown, the lawmakers are formulating new gun-control measures, saying the state must serve as a national model.

But the failed effort to enact the microstamping measure shows how difficult the climate has been for gun control in state capitals. The firearm companies have played an important role in defeating these measures by repeatedly warning that they will close factories and move jobs if new state regulations are approved.

The companies have issued such threats in several states, especially in the Northeast, where gun control is more popular. But their views have particular resonance in Connecticut, a cradle of the American gun industry.

Like manufacturing in Connecticut over all, the state’s gun industry is not as robust as it once was. Still, Connecticut remains the seventh-largest producer of firearms in the country, according to federal data.

Colt, based in Connecticut since the 1800s, employs roughly 900 people in the state. Two other major gun companies, Sturm, Ruger & Company and Mossberg & Sons, are also based in the state. In all, the industry employs about 2,000 people in Connecticut, company officials said.

Gun-control advocates have long viewed Hartford, the capital, as hospitable terrain, because Connecticut is a relatively liberal state and already has more gun restrictions than most. Democrats control both houses of the legislature.

Yet lawmakers in Hartford did more than shelve the microstamping bill in 2009. They also declined to push a bill last year that would have banned high-capacity ammunition magazines — the very accessory used by Adam Lanza to kill 26 people, including 20 children, at Sandy Hook Elementary School in Newtown.

In several states, the gun companies have enlisted unions that represent gun workers, mindful that Democratic lawmakers who might otherwise back gun control also have close ties to labor.

In Connecticut, the United Automobile Workers, which represents Colt workers, has testified against restrictions. The union’s arguments were bolstered last year when Marlin Firearms, a leading manufacturer of rifles, closed a factory in Connecticut that employed more than 200 people. Marlin cited economic pressures, not gun regulation, for the decision, but representatives of the gun industry have said the combination of the two factors could spur others to move.

State law significantly restricts the ability of corporations to make political donations in Connecticut. Employees of Connecticut gun companies have contributed several thousand dollars in total in recent years to state candidates, mostly Republicans, according to an analysis of state records.

Financially, the gun companies and their employees in Connecticut have exerted influence by donating to national groups, especially the National Rifle Association, which have in turn helped Connecticut gun rights groups, according to interviews and financial records.

But it appears that in Hartford, the companies are relying largely on economic arguments.

Their strategy has been led by the industry’s trade group, the National Shooting Sports Foundation, which happens to have its national headquarters in Newtown, a few miles from the site of the shootings.

When Connecticut lawmakers held a hearing in 2011 on the measure to ban high-capacity ammunition magazines, the director of government regulations for the foundation, Jake McGuigan, opened his testimony with some statistics.

Mr. McGuigan told lawmakers that the state’s gun companies contributed $1.3 billion to the Connecticut economy, through their own operations and those of their suppliers.

“Each year, they get courted by other firearm-friendly states, like Idaho, Virginia, North Carolina,” Mr. McGuigan said. He later added, “It’s not an idle threat.”

The federation and Colt have declined to comment on gun-control legislation since the school killings.

“Our hearts go out to our fellow Connecticut residents who have suffered such unimaginable loss,” Colt said in a statement. “We do not believe it is appropriate to make further public statements at this very emotional time.”

Gun-control advocates in Hartford said the gun companies’ strategy was shrewd because it allowed Democratic lawmakers to oppose new regulations while proclaiming that they had not bowed to the National Rifle Association.

Michael Moss and Griff Palmer contributed reporting.

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Thousands sign US petition to deport Piers Morgan

LONDON (AP) — Tens of thousands of people have signed a petition calling for British CNN host Piers Morgan to be deported from the U.S. over his gun control views.

Morgan has taken an aggressive stand for tighter U.S. gun laws in the wake of the Newtown, Connecticut, school shooting. Last week, he called a gun advocate appearing on his "Piers Morgan Tonight" show an "unbelievably stupid man."

Now, gun rights activists are fighting back. A petition created Dec. 21 on the White House e-petition website by a user in Texas accuses Morgan of engaging in a "hostile attack against the U.S. Constitution" by targeting the Second Amendment. It demands he be deported immediately for "exploiting his position as a national network television host to stage attacks against the rights of American citizens."

The petition has already hit the 25,000 signature threshold to get a White House response. By Monday, it had 31,813 signatures.

Morgan seemed unfazed — and even amused — by the movement.

In a series of Twitter messages, he alternately urged his followers to sign the petition and in response to one article about the petition said "bring it on" as he appeared to track the petition's progress.

"If I do get deported from America for wanting fewer gun murders, are there any other countries that will have me?" he wrote.

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News Analysis: Scientists to Seek Clues to Violence in Genome of Gunman in Newtown, Conn.

In a move likely to renew a longstanding ethical controversy, geneticists are quietly making plans to study the DNA of Adam Lanza, 20, who killed 20 children and seven adults in Newtown, Conn. Their work will be an effort to discover biological clues to extreme violence.

The researchers, at the University of Connecticut, confirmed their plans through a spokeswoman but declined to provide details. But other experts speculated that the geneticists might look for mutations that might be associated with mental illnesses and ones that might also increase the risk for violence.

They could look at all of Mr. Lanza’s genes, searching for something unusual like gene duplications or deletions or unexpected mutations, or they might determine the sequence of his entire genome, the genes and the vast regions of DNA that are not genes, in an extended search for aberrations that could determine which genes are active and how active they are.

But whatever they do, this apparently is the first time researchers will attempt a detailed study of the DNA of a mass killer.

Some researchers, like Dr. Arthur Beaudet, a professor at the Baylor College of Medicine and the chairman of its department of molecular and human genetics, applaud the effort. He believes that the acts committed by men like Mr. Lanza and the gunmen in other rampages in recent years — at Columbine High School and in Aurora, Colo., in Norway, in Tucson and at Virginia Tech — are so far off the charts of normal behavior that there must be genetic changes driving them.

“We can’t afford not to do this research,” Dr. Beaudet said.

Other scientists are not so sure. They worry that this research could eventually stigmatize people who have never committed a crime but who turn out to have a genetic aberration also found in a mass murder.

Everything known about mental illness, these skeptics say, argues that there are likely to be hundreds of genes involved in extreme violent behavior, not to mention a variety of environmental influences, and that all of these factors can interact in complex and unpredictable ways.

“It is almost inconceivable that there is a common genetic factor” to be found in mass murders, said Dr. Robert C. Green, a geneticist and neurologist at Harvard Medical School. “I think it says more about us that we wish there was something like this. We wish there was an explanation.”

Scientists are well aware of the fraught history behind the questions of biology and violence.

In the early 20th century, claims that criminal behavior was inherited arose during the eugenics movement and led to sterilizations of mental patients and felons.

On Christmas Day in 1965, two researchers published a paper saying men with an extra Y chromosome, the chromosome that confers maleness, were “super males” and born criminals. The hypothesis was helped along by the fact that these men “fit the classic Hollywood criminal — big, awkward, thuglike and with low I.Q.’s,” said Dr. Philip Reilly, a lawyer and clinical geneticist who has studied this history.

The idea persisted for about 15 years, Dr. Reilly said, but eventually the epidemiological evidence convinced scientists that it was wrong — that these men were no more violent than men without an extra Y chromosome.

In 1993, in a paper published in the journal Science, researchers reported that a mutation leading to a lack of the enzyme monoamine oxidase caused violence in a Dutch family. Every family member who inherited the mutation was a violent criminal; those without it had no criminal behaviors.

“It was a stunning piece of work,” said James Blair, the chief of the unit on affective cognitive neuroscience at the National Institute of Mental Health. But, he added, it turned out not to be generalizable. For the most part, “it was just this family,” he said.

The National Institutes of Health was embroiled in controversy about 20 years ago simply for proposing to study the biological underpinnings of violence. Critics accused researchers of racism and singling out minorities, especially black men.

Shortly after, the N.I.H. took back financing for a conference at the University of Maryland to examine genetics and criminal behavior. The conference was canceled.

But genetics has come of age in recent years with new and powerful methods to determine DNA sequences and analyze the results. Studies of people at the far end of a bell curve can be especially informative, because the genetic roots of their conditions can be stark and easy to spot, noted J. H. Pate Skene, a Duke University neurobiologist.

“I think doing research on outliers, people at an end of a spectrum on something of concern like violent behavior, is certainly a good idea,” he said, but he advised tempering expectations.

“I would call it a caution, not about whether to do this research but about what to expect,” he added.

Perhaps it will be fruitless to search for one or a few major gene mutations that always lead to extreme violence, Dr. Beaudet said. But what if a significant fraction of the shootings were linked to gene variants? What if scientists were to discover genes that were risk factors, increasing a person’s chance of violent behavior but not foreordaining it?

“If we know someone has a 2 percent chance or a 10 percent chance or a 20 percent chance of violent behavior, what would you do with that person?” Dr. Skene said. “They have not been convicted of anything — have not done anything wrong.”

But a genetic profile might play a role if someone were convicted of violent offenses, Dr. Beaudet countered. Criminals are routinely denied parole based solely on psychiatric evaluations. Perhaps a genetic test could add to the certainty of the decision, he said.

Ultimately, understanding the genetics of violence might enable researchers to find ways to intervene before a person commits a horrific crime. But that goal would be difficult to achieve, and the pursuit of it risks jeopardizing personal liberties. Some scientists shudder at the thought of labeling people potential violent criminals.

“The idea of screening with a view of preventing those kinds of incidents is basically unthinkable,” said Dr. Steven E. Hyman, director of the Stanley Center for Psychiatric Research at the Broad Institute of Harvard and M.I.T. “You would fail. You would stigmatize.”

Some day, he added, it might be important to know the phenotypes — the characteristics — of violent killers and have their DNA, but not for the reasons many think.

“I am always happy to store DNA and phenotype information and freeze cells, thinking that one day we would have usable clues,” Dr. Hyman added. “But that would be biology, not prevention.”

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As Egypt Constitution Passes, New Fights Lie Ahead

Tara Todras-Whitehill for The New York Times

Egyptian women walk into a polling station. Millions went to the polls to pass judgment on an Islamist-backed constitution, whose passage represented an important milestone in Egypt’s chaotic two-year transition to democracy. More Photos »

CAIRO — - Egyptians approved an Islamist-backed constitution, state news media said Sunday, and the headlines made clear that the political brawl around it set off has only begun.

“The People Sided With Democracy,” the flagship state newspaper Al Ahram declared.

“Wholesale violations,” ran the headline in the largest independent daily Al Masry Al Youm.

Passage of the constitution begins what its supporters call the first experiment in Islamist democracy and its results will be watched across the Arab world. Its approval is a victory for President Mohamed Morsi, of the Muslim Brotherhood’s political arm, who had sought to temporarily suspend the authority of the Egyptian courts in order to stop them from rulings he feared might block the referendum.

But a backlash against Mr. Morsi and his Islamist allies over their authoritarian tactics has now imposed new pressure to rebut charges that they intend to exploit loopholes in the charter to move Egypt toward theocracy.

In a press conference Sunday, opposition leaders called the charter illegitimate and vowed to use any peaceful means available to tear it down. “This is a constitution that lacks the most important prerequisite for a constitution: consensus,” Hamdeen Sabahi, a populist firebrand, declared. “This means we can’t build our future based on this text at all.”

But at the same time Mr. Sabahi and other political leaders said they planned to channel their movement against the charter into campaigns for the upcoming parliamentary elections, suggesting that at least for now to work with the process spelled out by the charter.

Amr Hamzawy, a political scientists and liberal political leader, said the size of the vote against the charter measured the opposition’s growing clout. “We have a majority than isn’t big and a minority that isn’t small. This means there is an evident division in society,” he said, adding, “We feel we’ve made a major achievement.”

About 64 percent of voters in the two-day referendum approved the new charter, Egyptian state media reported Sunday, citing preliminary local results. About 56.5 percent voted yes in last weekend’s first phase, which included Cairo, where a similar majority voted no. And in the more rural precincts that voted on Saturday more than 70 percent voted yes, mapping out Egypt’s cultural divide.

The turnout across both rounds remained low, at just over 30 percent of eligible voters, according to the preliminary figures. A referendum on a plan for the transition after the ouster of Hosni Mubarak drew about 41 percent of eligible voters.

The opposition leaders argued violations of voting procedures had compromised the results and demanded that election authorities rule on the allegations before issuing official results, expected Monday.

But the ballots were cast into transparent boxes and counted on the spot under the supervision of independent monitors, reducing opportunities for fraud. And the margin of the approval, by 4.5 million out of 16.2 million ballots, meant that rigging the results would have required systematic fraud.

International experts said that the constitution itself does not significantly alter the role of religion in Egyptian law. But it raised the stakes for future contests over who will interpret it.t Although the new charter preserves an article from the old constitution declaring the principles of Islamic law a main source of legislation, it adds a new arcticle, #219, broadly defining those principles in accord with established Sunni Muslim scholarship.

Zaid al-Ali (CQ), a researcher at the International Institute for Democracy and Electoral Assistance, an intergovernmental organization, said the constitution’s principle defects were not about religion. The biggest problem, he said, was that the charter protects the Egyptian military from legal and parliamentary oversight, engraving its autonomy in the constitution. Leaders of the Muslim Brotherhood had said privately for months that they were willing to provide the military such constitutional protections in order to ease the handover of power from the generals who assumed control from Mr. Mubarak.

A second problem, Mr. Ali said, was the failure to decentralize decision making. While most of the world has shifted power closer to the local level, he said, the Arab states have resisted out of a historic fear of fragmentation. “Because of the centralization in the Arab region, as soon as you step out of the capital you are in different universe,” Mr. Ali said. “It is an ineffectual way to meet people’s needs and services aren’t delivered.”

Meanwhile, a small group of President Morsi’s Islamist supporters on Sunday continued a sit-in outside the constitutional court, still determined to discourage it from any ruling that might interfere with the referendum before the results are official.

[[[Sectarian animosities continued to surround the vote. The Coptic Church pulled its representatives from the constitutional assembly in a dispute over the role of Islamic law in Egyptian jurisprudence, and before the vote many Christians said it was axiomatic that everyone of their faith would vote against the charter.

On Sunday, opposition leaders charged that in some precincts Islamists had intimidated Christians or blocked their access to the polls. But the allegations could not be confirmed.]]]

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'Hobbit' extends No. 1 journey with $36.7 million

LOS ANGELES (AP) — Tiny hobbit Bilbo Baggins is running circles around some of the biggest names in Hollywood.

Peter Jackson's "The Hobbit: An Unexpected Journey" took in $36.7 million to remain No. 1 at the box office for the second-straight weekend, easily beating a rush of top-name holiday newcomers.

Part one of Jackson's prelude to his "The Lord of the Rings" trilogy, the Warner Bros. release raised its domestic total to $149.9 million after 10 days. The film added $91 million overseas to bring its international total to $284 million and its worldwide haul to $434 million.

"The Hobbit" took a steep 57 percent drop from its domestic $84.6 million opening weekend, but business was soft in general as many people skipped movies in favor of last-minute Christmas preparations.

"The real winner this weekend might be holiday shopping," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.

Tom Cruise's action thriller "Jack Reacher" debuted in second-place with a modest $15.6 million debut, according to studio estimates Sunday. Based on the Lee Child best-seller "One Shot," the Paramount Pictures release stars Cruise as a lone-wolf ex-military investigator tracking a sniper conspiracy.

Opening at No. 3 with $12 million was Judd Apatow's marital comedy "This Is 40," a Universal Pictures film featuring Paul Rudd and Leslie Mann reprising their roles from the director's 2007 hit "Knocked Up."

Paramount's road-trip romp "The Guilt Trip," featuring "Knocked Up" star Seth Rogen and Barbra Streisand, debuted weakly at No. 6 with $5.4 million over the weekend and $7.4 million since it opened Wednesday. Playing in narrower release, Paramount's acrobatic fantasy "Cirque du Soleil: Worlds Away" debuted at No. 11 with $2.1 million.

A 3-D version of Disney's 2001 animated blockbuster "Monsters, Inc." also had a modest start at No. 7 with $5 million over the weekend and $6.5 million since opening Wednesday.

Domestic business was off for the first time in nearly two months. Overall revenues totaled $112 million, down 12.6 percent from the same weekend last year, when Cruise's "Mission: Impossible — Ghost Protocol" debuted with $29.6 million, according to Hollywood.com.

Cruise's "Jack Reacher" opened at barely half the level as "Ghost Protocol," but with a $60 million budget, the new flick cost about $100 million less to make.

Starting on Christmas, Hollywood expects a big week of movie-going with schools out through New Year's Day and many adults taking time off. So Paramount and other studios are counting on strong business for films that started slowly this weekend.

"'Jack Reacher' will end up in a very good place. The movie will be profitable for Paramount," said Don Harris, the studio's head of distribution. "The first time I saw the movie I saw dollar signs. It certainly wasn't intended to be compared to a 'Mission: Impossible,' though."

Likewise, Warner Bros. is looking for steady crowds for "The Hobbit" over the next week, despite the debut of two huge newcomers — the musical "Les Miserables" and the action movie "Django Unchained" — on Christmas Day.

"We haven't reached the key holiday play time yet," said Dan Fellman, head of distribution for Warner. "It explodes on Tuesday and goes right through the end of the year."

In limited release, Kathryn Bigelow's Osama bin Laden manhunt saga "Zero Dark Thirty" played to packed houses with $410,000 in just five theaters, averaging a huge $82,000 a cinema.

That compares to a $4,654 average in 3,352 theaters for "Jack Reacher" and a $4,130 average in 2,913 cinemas for "This Is 40." ''The Guilt Trip" averaged $2,217 in 2,431 locations, and "Monsters, Inc." averaged $1,925 in 2,618 cinemas. Playing just one matinee and one evening show a day at 840 theaters, "Cirque du Soleil" averaged $2,542.

Since opening Wednesday, "Zero Dark Thirty" has taken in $639,000. Distributor Sony plans to expand the acclaimed film to nationwide release Jan. 11, amid film honors and nominations leading up to the Feb. 24 Academy Awards.

Opening in 15 theaters from Lionsgate banner Summit Entertainment, Naomi Watts and Ewan McGregor's tsunami-survival drama "The Impossible" took in $138,750 for an average of $9,250.

A fourth new release from Paramount, "The Sopranos" creator David Chase's 1960s rock 'n' roll tale "Not Fade Away," debuted with $19,000 in three theaters, averaging $6,333.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "The Hobbit: An Unexpected Journey," $36.7 million ($91 million international).

2. "Jack Reacher," $15.6 million ($2.5 million international).

3. "This Is 40," $12 million.

4. "Rise of the Guardians," $5.9 million ($13.7 million international).

5. "Lincoln," $5.6 million.

6. "The Guilt Trip," $5.4 million.

7. "Monsters, Inc." in 3-D, $5 million.

8. "Skyfall," $4.7 million ($9 million international),

9. "Life of Pi," $3.8 million ($23.2 million international).

10. "The Twilight Saga: Breaking Dawn — Part 2," $2.6 million.

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Online:

http://www.hollywood.com

http://www.rentrak.com

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Genetic Gamble : Drugs Aim to Make Several Types of Cancer Self-Destruct

C.J. Gunther for The New York Times

Dr. Donald Bergstrom is a cancer specialist at Sanofi, one of three companies working on a drug to restore a tendency of damaged cells to self-destruct.

For the first time ever, three pharmaceutical companies are poised to test whether new drugs can work against a wide range of cancers independently of where they originated — breast, prostate, liver, lung. The drugs go after an aberration involving a cancer gene fundamental to tumor growth. Many scientists see this as the beginning of a new genetic age in cancer research.

Great uncertainties remain, but such drugs could mean new treatments for rare, neglected cancers, as well as common ones. Merck, Roche and Sanofi are racing to develop their own versions of a drug they hope will restore a mechanism that normally makes badly damaged cells self-destruct and could potentially be used against half of all cancers.

No pharmaceutical company has ever conducted a major clinical trial of a drug in patients who have many different kinds of cancer, researchers and federal regulators say. “This is a taste of the future in cancer drug development,” said Dr. Otis Webb Brawley, the chief medical and scientific officer of the American Cancer Society. “I expect the organ from which the cancer came from will be less important in the future and the molecular target more important,” he added.

And this has major implications for cancer philanthropy, experts say. Advocacy groups should shift from fund-raising for particular cancers to pushing for research aimed at many kinds of cancer at once, Dr. Brawley said. John Walter, the chief executive officer of the Leukemia and Lymphoma Society, concurred, saying that by pooling forces “our strength can be leveraged.”

At the heart of this search for new cancer drugs are patients like Joe Bellino, who was a post office clerk until his cancer made him too sick to work. Seven years ago, he went into the hospital for hernia surgery, only to learn he had liposarcoma, a rare cancer of fat cells. A large tumor was wrapped around a cord that connects the testicle to the abdomen. “I was shocked,” he said in an interview this summer.

Companies have long ignored liposarcoma, seeing no market for drugs to treat a cancer that strikes so few. But it is ideal for testing Sanofi’s drug because the tumors nearly always have the exact genetic problem the drug was meant to attack — a fusion of two large proteins. If the drug works, it should bring these raging cancers to a halt. Then Sanofi would test the drug on a broad range of cancers with a similar genetic alteration. But if the drug fails against liposarcoma, Sanofi will reluctantly admit defeat.

“For us, this is a go/no-go situation,” said Laurent Debussche, a Sanofi scientist who leads the company’s research on the drug.

The genetic alteration the drug targets has tantalized researchers for decades. Normal healthy cells have a mechanism that tells them to die if their DNA is too badly damaged to repair. Cancer cells have grotesquely damaged DNA, so ordinarily they would self-destruct. A protein known as p53 that Dr. Gary Gilliland of Merck calls the cell’s angel of death normally sets things in motion. But cancer cells disable p53, either directly, with a mutation, or indirectly, by attaching the p53 protein to another cellular protein that blocks it. The dream of cancer researchers has long been to reanimate p53 in cancer cells so they will die on their own.

The p53 story began in earnest about 20 years ago. Excitement ran so high that, in 1993, Science magazine anointed it Molecule of the Year and put it on the cover. An editorial held out the possibility of “a cure of a terrible killer in the not too distant future.”

Companies began chasing a drug to restore p53 in cells where it was disabled by mutations. But while scientists know how to block genes, they have not figured out how to add or restore them. Researchers tried gene therapy, adding good copies of the p53 gene to cancer cells. That did not work.

Then, instead of going after mutated p53 genes, they went after half of cancers that used the alternative route to disable p53, blocking it by attaching it to a protein known as MDM2. When the two proteins stick together, the p53 protein no longer functions. Maybe, researchers thought, they could find a molecule to wedge itself between the two proteins and pry them apart.

The problem was that both proteins are huge and cling tightly to each other. Drug molecules are typically tiny. How could they find one that could separate these two bruisers, like a referee at a boxing match?

In 1996, researchers at Roche noticed a small pocket between the behemoths where a tiny molecule might slip in and pry them apart. It took six years, but Roche found such a molecule and named it Nutlin because the lab was in Nutley, N.J.

But Nutlins did not work as drugs because they were not absorbed into the body.

Roche, Merck and Sanofi persevered, testing thousands of molecules.

At Sanofi, the stubborn scientist leading the way, Dr. Debussche, maintained an obsession with p53 for two decades. Finally, in 2009, his team, together with Shaomeng Wang at the University of Michigan and a biotech company, Ascenta Therapeutics, found a promising compound.

The company tested the drug by pumping it each day into the stomachs of mice with sarcoma.

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Nicolás Maduro, Chávez’s Chosen Successor, Draws Mixed Opinions

CARACAS, Venezuela — Nicolás Maduro, the handpicked successor of Venezuela’s ailing president, Hugo Chávez, stood on a stage this month and gave a barnburner of a speech in classic Chávez style. He shouted until his voice gave out, swore an oath of loyalty to the revolution and blasted its opponents. But when the crowd started to chant his name, he quickly cut them off, shouting into the microphone: “Chávez! Chávez! Chávez!”

One thing Mr. Maduro has certainly learned in his years at Mr. Chávez’s side: do not outshine the boss.

That remains true even with Mr. Chávez, 58, in delicate health in Cuba after surgery for cancer, and even after Mr. Chávez told the nation that if illness prevents him from governing, Mr. Maduro, 50, currently the vice president, should lead in his place.

“He’s known as a yes man, and he’s somebody that has never shown an independent streak,” said David Smilde, a senior fellow of the Washington Office on Latin America, a research organization. “That’s what has been key for him, always put the light on Chávez.”

But for all Mr. Maduro’s faithfulness, some see signs that he may be a different sort of leader, someone more moderate and willing to negotiate than the combative Mr. Chávez. Not only could that open up the possibility of dialogue with the political opposition inside the country, but it could also mean a softening of Venezuela’s strident foreign policy and its antagonistic relationship with the United States.

“He is a moderate man, a pragmatic man,” said María Emma Mejía, a former Colombian foreign minister who worked closely with Mr. Maduro when she was secretary general of Unasur, an organization of South American nations. She credited him with helping to improve Venezuela’s relations with Colombia after years of tension. “He is not dogmatic in a way that rejects other people’s positions,” she added.

Still, others say that he has adhered to Mr. Chávez’s policies so closely for so long that it is hard to know what his own choices would be — if he even has the latitude to make them.

A former bus driver and transit union leader, Mr. Maduro has been a supporter of Mr. Chávez at least since the aftermath of Mr. Chávez’s failed 1992 coup. He became a legislator when Mr. Chávez became president in 1999, then helped write a new Constitution, and by 2005 he had become the head of the National Assembly. He was made foreign minister in 2006 and continues in that post today.

He often travels with Mr. Chávez, and in the last year and a half, as Mr. Chávez has spent weeks in Cuba receiving treatment for cancer, Mr. Maduro was often there with him. After Mr. Chávez was elected to a new six-year term in October, he made Mr. Maduro his vice president.

That is a record of unusual constancy in a government with a merry-go-round of ministers who come and go at Mr. Chávez’s whim, often shunted aside for displeasing their boss or for showing a taste for the spotlight.

“He was able to be in the government, never threaten Chávez, never be marginalized, and it will be interesting to see what happens when he actually has to have an independent voice,” Mr. Smilde said.

A former South American diplomat who met often with Mr. Maduro in recent years said that more than most foreign ministers, Mr. Maduro seemed held back by his president’s micromanagement.

“I always saw him as being glued to Chávez,” the ex-diplomat said, speaking on the condition of anonymity because of the sensitive nature of the topic. “I always saw him as a messenger, and I never had a signal that would make me think he was a leader. But I think he’s learned a lot from Chávez, being so close.”

Now Mr. Maduro needs to win over the party faithful, who have a deep emotional connection with Mr. Chávez and often blame his lieutenants for the inefficiency and corruption that bedevil the government.

And while Mr. Chávez can give him his political blessing, he cannot give him his charisma. Mr. Maduro has been very much in the public eye since Mr. Chávez left for surgery in Cuba, often speaking before large crowds of loyalists. Early on, with emotions high over the president’s condition, his audience responded. But last week, as Mr. Maduro spoke at oath-taking ceremonies for newly elected governors, his speeches were often greeted with polite applause rather than full-throated devotion.

“I don’t see Maduro as a presidential candidate,” said Carlos Bolívar, 40, a street vendor in Caracas who supports Mr. Chávez. “He doesn’t have the skill. He’s too sealed up.”

But, he added, “If that’s what the president says, we have to accept it.”

Mr. Maduro grew up in Caracas in what a friend said was a family of modest means. His father was involved in left-wing politics and the labor movement. As a youth, Mr. Maduro became active in left-wing politics, too.

After high school he went to Cuba for political training, then returned and eventually went to work as a bus driver.

Fairly or not, that job has often defined him. Mr. Maduro’s critics sometimes dismiss him as unqualified to hold higher office. Mr. Chávez mocked that perception in October when he announced Mr. Maduro’s appointment as vice president, saying, “Look where Nicolás has gotten to, the bus driver,” he said. “How they have made fun of him.”

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Analysis: Apple’s swoon exposes risk lurking in mutual funds

NEW YORK (Reuters) – The nearly 28 percent decline in shares of Apple Inc since mid-September isn’t just painful to individual shareholders. It’s also being felt by investors who chased hot mutual funds that loaded up on Apple as the stock raced to a record $ 705 per share.

Apple makes up 10 percent or more of assets in 117 out of the 1,119 funds that own its shares, according to data from Lipper, a Thomson Reuters company. Those big stakes have contributed positively to each fund’s annual performance to date, with Apple still up about 32 percent for the year. It was trading at $ 527.73 soon after the opening on Friday.

But that year-to-date outcome may not accurately reflect the performance of the funds for individual investors. All told, approximately $ 4.5 billion has been added to funds with overweight stakes in Apple this year, according to Morningstar data. The majority of these dollars were invested after March and after Apple first exceeded $ 600 per share – meaning many investors have been riding down with the decline.

The $ 302 million Matthew 25 fund, for instance, holds 17.4 percent of its assets in Apple, according to Lipper. The fund’s 31.9 percent gain through Thursday makes it one of the top performing funds for the year.

Most of its Apple shares were bought years ago at a bargain basement price of about $ 125 per share. But $ 158.9 million of the fund’s assets – or 53 percent – were invested after the end of March, when Apple was trading near $ 615 per share, according to Morningstar data.

For those investors that bought after March, all that concentration in Apple hasn’t led to a stellar gain but rather a drag on the portfolio. Someone who invested in Matthew 25 in early April has seen the value of the fund’s Apple stake fall about 19 percent, while someone who invested at the beginning of September has watched that outsized Apple stake drop 27.2 percent.

In turn, the majority of the fund’s investors have reaped a much more modest performance than its year-end numbers suggest. Since the end of March, the fund has gained 6.7 percent, according to Morningstar data, far less than its 31 percent year-to-date gain and about two percentage points more than the benchmark Standard & Poor’s 500 index.

Since, September the fund is down nearly 3 percent through Thursday’s close, compared with a 1.1 percent decline in the S&P 500 in that period.

The impact of Apple’s falling stock price shows some of the drawbacks of portfolio concentration, experts say. These stakes can leave the funds overexposed to the ups and downs of one company – counter to what most mutual funds are supposed to do for investors.

“Any time you get over 10 percent of the portfolio in one company it’s a red flag,” said Michel Herbst, director of active fund research at Morningstar. Many fund managers do have risk management rules that prevent them from devoting more than 5 percent to 6 percent of their portfolio to any one stock, he said.

Then again, some funds purposely invest in just a few stocks. Mark Mulholland, the portfolio manager of the Matthew 25 fund, said that taking concentrated positions in companies is the only way to beat an index over longer periods of time.

‘RIGHT-SIZING’ PORTFOLIOS

Along with concerns about iPhone sales in China and tax-motivated selling among people who want to avoid potentially higher capital gains taxes in 2013, the wide fund ownership of Apple may be a factor in the size of the stock’s recent declines, fund managers said. In addition, with so many funds already heavily invested in the high-priced stock, there may be fewer marginal buyers available to push prices up again when shares begin to dip.

“The stock didn’t go from $ 700 to $ 520 because people didn’t like the new iPad. It’s become a favorite short of hedge funds because they know they can get in on this,” said Mark Spellman, a portfolio manager of the $ 300 million Value Line Income and Growth fund with a small position in Apple.

Short interest in the stock rose to 20.6 million shares at the end of November from 15.1 million shares at the end of September, according to Nasdaq.

“Some of my competitors have 12 percent of their assets in Apple, which I think is ludicrous”, said Spellman, who said the company is no longer trading on its fundamentals.

Sandy Villere, who has a 2.5 percent weighting of Apple in his $ 276 million Villere Balanced fund, said that some mutual fund managers are selling shares because of the over-weighting.

“Right now many people who did take huge overweight positions are right-sizing their portfolios to get it in line with their regular weightings,” he said.

Still, some bullish investors see the stock’s recent declines as a buying opportunity.

Mulholland, the Matthew 25 portfolio manager, continues to say that shares should be priced at over $ 1,000 per share based on his valuation of the company at 10 times enterprise value divided by earnings before interest, taxes, depreciation and amortization (EBITDA). Apple trades at about 7 times that figure now.

Wall Street analysts’ average price target as of Thursday is $ 742.56, according to Thomson Reuters data. But Mulholland is happy to be more bullish than his peers.

“I’m glad that I’m able to get it at these prices,” he said.

(Reporting By David Randall; Editing by Jennifer Merritt)

Tech News Headlines – Yahoo! News

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