FBI: Second escaped bank robber caught in Palos Hills

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)

The second inmate who made a daring escape last month from a high-rise federal jail in the South Loop was captured today in South Suburban Palos Hills, according to FBI officials.

Kenneth Conley, a convicted bank robber, was awaiting sentencing when he and cellmate Joseph “Jose” Banks scaled down the Metropolitan Correctional Center on Dec. 18 with a rope fashioned from bedsheets.

FBI Spokeswoman Joan Hyde said Conley was apprehended at an apartment complex at about 4 p.m. by Palos Hills police.

Palos Hills Police Deputy Chief James Boie said officers apprehended Conley with the help of two maintenance men working in the 10200 block of South 86th Terrace, who called police at about 3:30 p.m. to report a “suspicious person” walking down the street.

Two officers found a man dressed in an overcoat and pretending to use a cane. He had a dark hat pulled down low over his head and appeared to be trying to look older than he actually was, Boie said.

“Our officers stopped to talk to him and he said he was just visiting,” Boie said. “He gave them a phony name, and while they’re trying to run the information, he got wise that they were going to figure it out and he pushed one of the officers down and took off running.”

Boie said two additional officers responding to the scene caught the man -- later identified as Conley -- about a block away as he was trying to force his way into an apartment complex. He was wrestled down but did not offer any other resistance. Conley and one officer were taken to Palos Community Hospital for observation, he said.

Police found a BB pistol in Conley’s pocket. He had no money, ID or other weapons, Boie said.

Boie said that U.S. Marshals had been in the area days earlier after getting a tip that Conley had knocked on the door of a former acquaintance.

Conley’s mother, Sandra, answered the phone at her Tinley Park home this evening and said she had heard of her son’s arrest but had no details or comment.

“I’m just glad it’s over. That’s my only comment,” she said.

Banks was apprehended late at night on Dec. 20 less than five miles from the jail in the home of a boyhood friend on the North Side.

Banks and Conley were last accounted for during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw ropes made from bedsheets dangling from a hole in the wall near the 15th floor and down the south side of the facade.

The two had put clothing and sheets under blankets in their beds to throw off guards making nighttime checks and removed a cinder block to create an opening wide enough to slide through, authorities said.

The FBI said a surveillance camera a few blocks from the jail showed the two, wearing light-colored clothing, hailing a taxi at Congress Parkway and Michigan Avenue. They also appeared to be wearing backpacks, according to the FBI.

The daring escape was an embarrassment for the U.S. Bureau of Prisons and a rarity for the Metropolitan Correctional Center, where the only previous successful escape took place in 1985.

A high-ranking employee in the facility told the Tribune that video surveillance had captured the men making their descent, but that the guard who was supposed to be watching the video monitors for suspicious activity may have been called away on other duties.

Tribune reporter Carlos Sadovi contributed.

asweeney@tribune.com

jmeisner@tribune.com

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Abbas sees Palestinian unity as Fatah rallies in Gaza

GAZA (Reuters) - President Mahmoud Abbas predicted the end of a five-year split between the two big Palestinian factions as his Fatah movement staged its first mass rally in Gaza with the blessing of Hamas Islamists who rule the enclave.

"Soon we will regain our unity," Abbas, whose authority has been limited to the Israeli-occupied West Bank since the 2007 civil war between the two factions, said in a televised address to hundreds of thousands of followers marching in Gaza on Friday, with yellow Fatah flags instead of the green of Hamas.

The hardline Hamas movement, which does not recognize Israel's right to exist, expelled secular Fatah from Gaza during the war. It gave permission for the rally after the deadlock in peace talks between Abbas's administration and Israel narrowed the two factions' ideological differences.

The Palestinian rivals have drawn closer since Israel's assault on Gaza assault in November, in which Hamas, though battered, claimed victory.

Egypt has long tried to broker Hamas-Fatah reconciliation, but past efforts have foundered over questions of power-sharing, control of weaponry, and to what extent Israel and other powers would accept a Palestinian administration including Hamas.

An Egyptian official told Reuters Cairo was preparing to invite the factions for new negotiations within two weeks.

Israel fears grassroots support for Hamas could eventually topple Abbas's Palestinian Authority (PA) in the West Bank.

"Hamas could seize control of the PA any day," Israeli Prime Minister Benjamin Netanyahu said on Thursday.

The demonstration marked 48 years since Fatah's founding as the spearhead of the Palestinians' fight against Israel. Its longtime leader Yasser Arafat signed an interim 1993 peace accord that won Palestinians a measure of self rule.

Hamas, which rejected the 1993 deal, fought and won a Palestinian parliamentary election in 2006. It formed an uneasy coalition with Fatah until their violent split a year later.

Though shunned by the West, Hamas feels bolstered by electoral gains for Islamist movements in neighboring Egypt and elsewhere in the region - a confidence reflected in the fact Friday's Fatah demonstration was allowed to take place.

"The success of the rally is a success for Fatah, and for Hamas too," said Hamas spokesman Sami Abu Zuhri. "The positive atmosphere is a step on the way to regain national unity."

Fatah, meanwhile, has been riven by dissent about the credibility of Abbas's statesmanship, especially given Israel's continued settlement-building on West Bank land. The Israelis quit Gaza unilaterally in 2005 after 38 years of occupation.

"The message today is that Fatah cannot be wiped out," said Amal Hamad, a member of the group's ruling body, referring to the demonstration attended by several Abbas advisers. "Fatah lives, no one can exclude it and it seeks to end the division."

In his speech, Abbas promised to return to Gaza soon and said Palestinian unification would be "a step on the way to ending the (Israeli) occupation".

(Editing by Dan Williams, Alistair Lyon and Jason Webb)

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Asian shares drop on Fed minutes, dollar extends gain

TOKYO (Reuters) - Asian shares fell on Friday, tracking overnight weakness in global equities, but the dollar gained as U.S. debt yields rose after several Federal Reserve officials expressed concerns about continuing to expand stimulative bond buying.

Minutes from the Fed's December policy meeting released on Thursday showed some voting members of the Federal Open Market Committee were increasingly concerned about the potential risks of the Fed's asset purchases on financial markets, even if it look set to continue an open-ended stimulus program for now.

The Fed's asset buying policy has been a crucial factor underpinning investor risk appetite and supporting global equities, so the more hawkish Fed minutes unnerved financial markets on Thursday, driving benchmark U.S. Treasury yields up to a near eight-month high and weighing on equities and oil, while bolstering the dollar.

The dollar extended gains early in Asia on Friday, hitting its highest since July 2010 against the yen at 87.78 while the euro fell to a three-week low of $1.3022. The U.S. dollar <.dxy> hit a near four-week high against a basket of major currencies on Thursday.

"The minutes have added a fresh degree of uncertainty into the investment climate, which is likely to mean a steeper yield curve. But equity investors should take heart from the fact that the Fed's perception is qualified on an improving economy," Andrew Wilkinson, chief economic strategist at Miller Tabak & Co in New York, said in a note to clients.

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> fell 0.4 percent, after scaling its highest since August 2011 on Thursday.

Australian shares <.axjo> slipped 0.5 percent, with investors pulling back after a sharp two-day rally which took shares to their highest in more than 19 months on Thursday.

"U.S. equities were due for a correction at any rate ... and the same is true of the KOSPI. Investors would do well to buy while shares are easing," Lee Seung-woo, an analyst at KDB Daewoo Securities, said of South Korean shares <.ks11>, which opened down 0.1 percent.

Japan's benchmark Nikkei stock average <.n225> opened sharply higher, up 2 percent, to its highest since March 2011 on the back of the tumbling yen. Japanese markets were closed from December 31 to January 3 for the new year's holidays. The Nikkei ended 2012 with the sharpest yearly gain since 2005. <.t/>

U.S. lawmakers earlier this week narrowly avoided falling off a "fiscal cliff" of automatic higher taxes and spending cuts, which had been set to kick in at the start of the year and threatened to derail the U.S. economy, providing an immediate boost for financial markets.

But U.S. President Barack Obama and congressional Republicans face tough talks on spending cuts and an increase in the nation's debt limit as the hard-fought deal to avert the fiscal cliff covered only taxes and delayed decisions on expenditures until March 1.

Investor sentiment was, on the other hand, supported by recent data showing activity in China's services sector and at U.S. factories expanded in December, which brightened the outlook for global growth.

The U.S. jobs market remained on a recovery track, with data on Thursday showing U.S. private-sector employers shrugged off the budget wrangling and stepped up hiring in December, heightening hopes for a strong nonfarm payrolls report due later on Friday.

The U.S. economy likely added 150,000 jobs in December, according to a Reuters survey of economists, up from 146,000 in November. The unemployment rate is expected to hold steady at 7.7 percent.

Resolution of the U.S. fiscal cliff crisis could spell trouble for some Asian assets that are coming off a stellar 2012 as investors could start to shift some money out of overpriced Asian investments in favour of the U.S. on a view that the fiscal deal manages to avert a U.S. recession and so boosts the prospects for American stocks.

U.S. crude inched down 0.2 percent to $82.78 a barrel.

(Additional reporting by Somang Yang in Seoul; Editing by Eric Meijer)

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Saban, Kelly lead Bama and ND out of darkness

FORT LAUDERDALE, Fla. (AP) — There were some dark days at Notre Dame and Alabama, dark years really, during which two of college football's proudest programs flailed and foundered.

Notre Dame won the national championship in 1988, then spent much of the next two decades running through coaches — four if you count the guy who never coached a game — and drifting between mediocre and pretty good.

Alabama won the national championship in 1992, then spent the next 15 years running through coaches — four if you count the guy who never coached a game — and drifting between mediocre and pretty good.

As the 21st century dawned, the Fighting Irish and the Crimson Tide were old news, stodgy remnants of a glorious past, not moving fast enough to keep up with the times, and searching for someone to lead them back to the top.

"It parallels Notre Dame to a tee," said Paul Finebaum, who has covered Alabama as a newspaper reporter and radio show host for more than 30 years. "The attitude was 'We're Alabama. We don't have to do what others are doing. We'll win because of our tradition.' Finally everyone passed Alabama."

And Notre Dame.

Then along came Nick Saban and Brian Kelly to knock off the rust, fine tune the engines and turn the Crimson Tide and Fighting Irish into the sharpest machines in college football again.

No. 1 Notre Dame and No. 2 Alabama meet Monday night in Miami in a BCS championship between two titans not all that far removed from tough times.

"The pendulum swings," said former Alabama coach Gene Stallings, the last Tide coach before Saban to bring home a national title. "You don't stay good forever. You don't stay bad forever."

Of course, Alabama and Notre Dame fans aren't real comfortable with the first part of that statement. The Crimson Tide and Fighting Irish were perennial national championship contenders for decades.

For Alabama, replacing Bear proved difficult. Paul Bryant won six national championships in 25 years as the coach in Tuscaloosa, and when he stepped down the Crimson Tide felt compelled to bring back one of his boys to replace him. Ray Perkins was hired away from the New York Giants, and spent four years at Alabama before going back to the NFL.

Alabama tried going outside the family and hired Bill Curry. He lasted three years, before leaving for Kentucky.

"You follow somebody like Coach Bryant, it's an extremely difficult situation," Stallings said.

Stallings played for Bryant at Texas A&M, coached under him at Alabama and even sounded a bit like the Bear with his baritone drawl. He found success and relative peace in seven seasons as coach of the Tide.

"I told Coach Bryant stories. I wasn't in competition with Coach Bryant," Stallings said. "I think that's one of the reasons I was, quote, accepted by the Alabama people."

After Stalling left in 1996, things started to get ugly at Alabama. School leaders tried again to keep their most highly prized job in the family, hiring Mike DuBose, a former defensive lineman for Bryant. That didn't work, so Alabama swung the other direction by hiring Dennis Franchione, who skipped town after two seasons for Texas A&M, and Mike Price, who brought a whole new level of embarrassment to Alabama. Not long after he was hired away from Washington State, Price was fired after a night of drunken partying became public.

Alabama reverted back to old form, going with one of its own in former Tide quarterback Mike Shula. Like DuBose, he wasn't up to the task. On top of everything else, the NCAA slammed Alabama, wiping all its victories from the 2005 and '06 seasons off the books.

Meanwhile, over the years, Alabama had fallen behind others in the Southeastern Conference when it came to facilities and support staff. Big-time college football is an arms race of sorts, and the Crimson Tide weren't investing like the competition — like LSU had while winning a national title under Saban, for example.

"The program lost its compass," Finebaum said.

When it came time to hire another coach in 2006, Alabama courted Saban and Steve Spurrier. Spurrier wasn't interested and Saban had an NFL season to finish. When the Tide was turned down by Rich Rodriguez, who opted instead to stay with West Virginia, it was rock bottom.

"It was the darkest moment I can ever remember in Alabama history," Finebaum said. "Alabama fans gave up that day.

As it turned out, it was one of the best things to ever happen to Alabama.

"You've got to have some luck," Stallings said.

As luck would have it, Saban was ready to get back to college football.

Alabama lured him away from the NFL with a $4 million a year contract that made him the highest-paid coach in college football — and gave him the power and support to run the program the way he wanted, not the way it had been run before.

"Alabama finally hired someone who has not afraid to tell everybody to get out of the way," Finebaum said.

For Notre Dame, it is a similar tale. Lou Holtz won that championship in 1988 and made the Fighting Irish a regular title contender, but by the end of his tenure, Notre Dame started to slip and the people in charge were resistant to the types of changes needed to keep up with the competition.

The Irish promoted Bob Davie to take over for Holtz. In five seasons he never won more than nine games and went 0-3 in bowls.

Davie, now the coach at New Mexico, doesn't make excuses for his record at Notre Dame, but he does note that the school has been willing to make the type of changes in recent years that he sought back in the late 1990s.

"Their facilities have gone from being poor to cutting edge in college football," he said. "Their salaries for coaches are competitive with everybody in the country. They are accepting early graduates (from high school).

"I know the dynamics there very well and there's a lot of people who think you don't have to do that at Notre Dame. It's proven now that you do have to do those things."

Former athletic director Kevin White was the catalyst for many of those changes, but he was also the man who hired George O'Leary, who was caught fibbing on his resume and stepped down, Tyrone Willingham and Charlie Weis. The Weis hiring in 2004 was especially telling.

Notre Dame wanted Urban Meyer, who was then at Utah and the hottest commodity on the coaching market. Meyer worked at Notre Dame under Holtz and had called being Fighting Irish coach his dream job.

And he turned it down to coach Florida because he realized it would be easier to win national championship with the Gators than with the Irish. He won two with Florida in six years.

The Irish hired Weis, the New England Patriots' offensive coordinator who had never been a head coach but did graduate from Notre Dame. He was gone in five years.

This time when Notre Dame went looking for a coach, the hottest candidate on the market was Kelly, who climbed the coaching ladder slowly, winning big every step of the way. The difference was the hottest commodity also wanted Notre Dame, and White's successor, Jack Swarbrick, scooped him up quickly.

Kelly has continued to push Notre Dame into the 21st century, implementing a training table to make it easier for the players to eat healthy. He pushed for music to be pumped through the PA system at Notre Dame Stadium to rouse a fanbase that over the years had started to sit on its hands.

"It's flashier," Davie said. "They are a lot more like everybody else is but that's what's making them competitive."

Now what separates both Notre Dame and Alabama from the competition is their coaches.

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Lawsuit claims horses mistreated on HBO’s “Luck”

LOS ANGELES (AP) — An animal-rights advocate who oversaw working conditions on the canceled HBO series “Luck” has sued the network and the American Humane Association, claiming horses on the show were grossly mistreated.

Barbara Casey‘s lawsuit filed Monday in Los Angeles claims underweight, sick and drugged horses were used to film the series focused on the horse racing industry.

The series starring Dustin Hoffman was canceled in March after four horses died while in production.

Casey was working for the American Humane Association overseeing the well-being of the horses and says she was wrongfully fired after complaining about inhumane conditions on the show.

The association declined comment, citing the pending lawsuit.

HBO told The Hollywood Reporter that it took every precaution to ensure the horses’ safety on the show.

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Why U.S. lives under the shadow of 'W'

Julian Zelizer says former President George W. Bush's key tax and homeland security policies survive in the age of Obama

STORY HIGHLIGHTS

• Julian Zelizer: For all the criticism Bush got, two key policies have survived


• He says fiscal cliff pact perpetuates nearly all of Bush's tax cuts


• Obama administration has largely followed Bush's homeland security policy, he says


• Zelizer: By squeezing revenues, Bush tax cuts will put pressure on spending

Editor's note: Julian Zelizer is a professor of history and public affairs at Princeton University. He is the author of "Jimmy Carter" and of "Governing America."

Princeton, New Jersey (CNN) -- Somewhere in Texas, former President George W. Bush is smiling.

Although some Democrats are pleased that taxes will now go up on the wealthiest Americans, the recent deal to avert the fiscal cliff entrenches, rather than dismantles, one of Bush's signature legacies -- income tax cuts. Ninety-nine percent of American households were protected from tax increases, aside from the expiration of the reduced rate for the payroll tax.

Julian Zelizer

In the final deal, Congress and President Barack Obama agreed to preserve most of the Bush tax cuts, including exemptions on the estate tax.

When Bush started his term in 2001, many of his critics dismissed him as a lightweight, the son of a former president who won office as result of his family's political fortune and a controversial decision by the Supreme Court on the 2000 election.

But what has become clear in hindsight, regardless of what one thinks of Bush and his politics, is that his administration left behind a record that has had a huge impact on American politics, a record that will not easily be dismantled by future presidents.

The twin pillars of Bush's record were counterterrorism policies and tax cuts. During his first term, it became clear that Obama would not dismantle most of the homeland security apparatus put into place by his predecessor. Despite a campaign in 2008 that focused on flaws with the nation's response to 9/11, Obama has kept most of the counterterrorism program intact.

Opinion: The real issue is runaway spending

In some cases, the administration continues to aggressively use tactics his supporters once decried, such as relying on renditions to detain terrorist suspects who are overseas, as The Washington Post reported this week. In other areas, the administration has expanded the war on terrorism, including the broader use of drone strikes to kill terrorists.

Now come taxes and spending.

With regard to the Bush tax cuts, Obama had promised to overturn a policy that he saw as regressive. Although he always said that he would protect the middle class from tax increases, Obama criticized Bush for pushing through Congress policies that bled the federal government of needed revenue and benefited the wealthy.

In 2010, Obama agreed to temporarily extend all the tax cuts. Though many Democrats were furious, Obama concluded that he had little political chance to overturn them and he seemed to agree with Republicans that reversing them would hurt an economy limping along after a terrible recession.

Opinion: Time to toot horn for George H.W. Bush

With the fiscal cliff deal, Obama could certainly claim more victories than in 2010. Taxes for the wealthiest Americans will go up. Congress also agreed to extend unemployment compensation and continue higher payments to Medicare providers.

But beneath all the sound and fury is the fact that the 2001 and 2003 tax cuts, for most Americans, are now a permanent part of the legislative landscape. (In addition, middle class Americans will breathe a sigh of relief that Congress has permanently fixed the Alternative Minimum Tax, which would have hit many of them with a provision once designed to make sure that the wealthy paid their fair share.)

As Michigan Republican Rep. Dave Camp remarked, "After more than a decade of criticizing these tax cuts, Democrats are finally joining Republicans in making them permanent." Indeed, the Congressional Budget Office estimates that the new legislation will increase the deficit by $4 trillion over the next 10 years.

The tax cuts have significant consequences on all of American policy.

Opinion: Christie drops bomb on GOP leaders

Most important, the fact that a Democratic president has now legitimated the moves of a Republican administration gives a bipartisan imprimatur to the legitimacy of the current tax rates.

Although some Republicans signed on to raising taxes for the first time in two decades, the fact is that Democrats have agreed to tax rates which, compared to much of the 20th century, are extraordinarily low. Public perception of a new status quo makes it harder for presidents to ever raise taxes on most Americans to satisfy the revenue needs for the federal government.

At the same time, the continuation of reduced taxes keeps the federal government in a fiscal straitjacket. As a result, politicians are left to focus on finding the money to pay for existing programs or making cuts wherever possible.

New innovations in federal policy that require substantial revenue are just about impossible. To be sure, there have been significant exceptions, such as the Affordable Care Act. But overall, bold policy departures that require significant amounts of general revenue are harder to come by than in the 1930s or 1960s.

Republicans thus succeed with what some have called the "starve the beast" strategy of cutting government by taking away its resources. Since the long-term deficit only becomes worse, Republicans will continue to have ample opportunity to pressure Democrats into accepting spending cuts and keep them on the defense with regards to new government programs.

Politics: Are the days of Congress 'going big' over?

With his income tax cuts enshrined, Bush can rest comfortably that much of the policy world he designed will remain intact and continue to define American politics. Obama has struggled to work within the world that Bush created, and with this legislation, even with his victories, he has demonstrated that the possibilities for change have been much more limited than he imagined when he ran in 2008 or even in 2012.

Follow us on Twitter @CNNOpinion

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The opinions expressed in this commentary are solely those of Julian Zelizer.

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Ex-Maine West player outlines alleged hazing attack

A young man who has sued Maine Township High School District 207 over his claims that fellow members of a Maine West High School soccer team sexually abused him during a hazing ritual said he hopes the suit will prevent further incidents.

“Nobody needs to go through what I went through, because it’s not good,” he said in an interview with WGN. “It’s not a way of life.”

The former Maine West High soccer player — only identified as John Doe C — described the abuse he suffered while on the team. The Tribune does not identify victims of alleged sexual abuse.

The lawsuit also names the school’s principal and former soccer coach as defendants in the case.

During the summer of 2007, the man was an incoming freshman attending a summer camp with his soccer teammates when he was promoted to the varsity team.

According to the man and the lawsuit, filed last month in Cook County Circuit Court, he was participating in a group run when older members of the team tackled him to the ground, pushed his face into the grass, held him down and players then sodomized him with their fingers and foreign objects.

“They never really said much, they just kind of did it,” he said. “They did it like nothing happened.”

Several weeks later, he claims, a similar incident occurred again. This time, he said he decided to quit the team.

“There was something behind the scenes there. In my situation, before campus runs I would see my coach wink either before or after it happened,” he said. He later added: “Definitely, the coach was in on it.”

He said he was too embarrassed and ashamed to tell anyone else.

“Who was I going to tell?” he said. “If I was gonna tell my own peers, they were just gonna look at me and laugh at me in a way.”

The man’s lawyer, Antonio Romanucci, is also representing at least three other current or former Maine West students who claim they were the victims of hazing that included sexual or physical abuse.

The first to sue were the parents of a 14-year-old Maine West freshman who claims the boy was attacked in a similar fashion by a group of fellow soccer players last September.
 
Since the lawsuit was filed, others have come forward with additional counts of abuse, said Romanucci.

Last month, the school board passed a resolution suspending varsity soccer coach Michael Divincenzo, alleging he witnessed varsity soccer players haze younger players.

Six Maine West soccer players also have been petitioned to juvenile court on charges of misdemeanor battery and hazing.

Other school districts have re-evaluated their hazing policies in the wake of Maine West High School controversy.

“I won’t be satisfied until I know everybody at the top who knew about or should have known about this" has been disciplined, said Romanucci.

In additional to taking steps to terminate the coach, District 207 officials have discussed the hiring of an outside attorney to conduct an independent investigation into the alleged hazing and its handling.

In a statement released Thursday, the district also pointed out that the plaintiff who spoke to WGN today acknowledged that he never reported the alleged incidents to any school authority. The statement also “reiterate(d) our absolute commitment to eliminating any practices and traditions that might lead to hazing incidents.”

Tribune reporter Jonathan Bullington contributed.

nnix@tribune.com
Twitter: @nsnix87

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Vice President Maduro back in Venezuela, no news on ailing Chavez

CARACAS (Reuters) - Vice President Nicolas Maduro returned to Venezuela on Thursday after visiting Hugo Chavez in hospital in Cuba, but gave no new details on the cancer-stricken president as rumors grow about his condition.

Flanked by senior government figures including Diosdado Cabello, the head of the National Assembly, Maduro toured a coffee production plant in Caracas - the type of visit that the president made frequently before he fell ill.

Chavez, 58, has not been seen in public nor heard from in more than three weeks and officials say the socialist leader is in delicate condition after suffering complications following his fourth cancer operation in just 18 months. But they have offered very few details.

"In the last few hours we were with President Hugo Chavez, bringing him the encouragement and strength of the Venezuelan people," Maduro said on Thursday. He said Cabello, Oil Minister Rafael Ramirez and Chavez's elder brother Adan, among others, had all been with the president in the Cuban hospital.

Venezuelan bonds rallied to 2008 highs on Thursday on rumors about Chavez's health.

In scenes that recalled Chavez's hours-long televised visits to building sites, hospitals and oil refineries, Maduro told workers at the nationalized Fama de America factory that there was no "transition" taking place in the country.

"The only transition in Venezuela is the transition to socialism," he said in comments carried live by state television.

"It began six years ago, ordered by Comandante Hugo Chavez as chief and president, elected, re-elected and ratified, much as it pains the bourgeois hucksters and the right, who have done so much damage to our fatherland."

Chavez's abrupt exit from the political scene would be a huge shock for the South American OPEC nation. His oil-financed socialism has made him a hero to the poor majority but critics call him a dictator.

He is still set to be sworn in on January 10, as spelled out in the constitution. If he were to die or had to step aside, new elections would be held within 30 days, with Maduro running as the ruling Socialist Party candidate.

Chavez's condition is being watched closely by Latin American allies that have benefited from his generous assistance, as well as Wall Street investors who are attracted to Venezuela's lucrative and widely traded debt.

Last year, Chavez staged what appeared to be remarkable comeback from the disease to win re-election to a new six-year term in October despite being weakened by radiation therapy. But he returned to Cuba for more treatment within weeks of his win.

Officials have said he suffered unexpected bleeding and then a respiratory infection after a six-hour operation on December 11.

Top Socialist Party officials have suggested that his inauguration could be postponed indefinitely to accommodate his recovery.

The opposition has insisted that the government should stick to the January 10 date, and on Thursday one opposition leader said they should form an official commission to visit Cuba and assess the president's condition for themselves.

(Editing by Kieran Murray and Lisa Shumaker)

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Wall Street starts new year with a bang after "cliff" deal

NEW YORK (Reuters) - Stocks kicked off the new year with their best day in over a year on Wednesday, sparked by relief over a last-minute deal in Washington to avert the "fiscal cliff" of tax hikes and spending cuts that threatened to derail the economy's growth.

In 2013's first trading session, the S&P 500 achieved its biggest one-day gain since December 20, 2011, pushing the benchmark index to its highest close since September 14.

Concerns over Washington's ability to sidestep the cliff had driven the S&P 500 down for five straight sessions, before signs that a resolution was near sent the benchmark index higher on the final trading session of 2012.

The CBOE Volatility Index or the VIX <.vix>, Wall Street's favorite gauge of investor anxiety, dropped 18.5 percent to 14.68 at the close. The VIX has fallen 35.4 percent over the past two sessions, the biggest 2-day percentage drop in the history of the index.

The Dow Jones industrial average <.dji> jumped 308.41 points, or 2.35 percent, to 13,412.55 at the close. The Standard & Poor's 500 Index <.spx> gained 36.23 points, or 2.54 percent, to finish at 1,462.42. The Nasdaq Composite Index <.ixic> climbed 92.75 points, or 3.07 percent, to end at 3,112.26.

U.S. markets were closed on Tuesday for New Year's Day.

Market breadth reflected the strong rally, with 10 stocks rising for every one that fell on the New York Stock Exchange. All 10 of the S&P 500 industry sector indexes gained at least 1 percent. The S&P financial index <.gspf> shot up 2.9 percent.

The S&P Information Technology index <.gspt> gained 3.2 percent, including Hewlett-Packard , which climbed 5.4 percent to $15.02. HP's gain followed a miserable 2012 when the stock fell nearly 45 percent as one of the S&P 500's worst performers for 2012.

On Tuesday, Congress passed a bill to prevent huge tax hikes and delay spending cuts that would have pushed the world's largest economy off a "fiscal cliff" and possibly into recession.

The vote avoided steep income-tax increases for a majority of Americans, but failed to resolve a major showdown over cutting the budget deficit, leaving investors and businesses with only limited clarity about the outlook for the economy. Spending cuts of $109 billion in military and domestic programs were temporarily delayed, and another fight over raising the U.S. debt limit also looms.

"We got through the fiscal cliff. The next big thing, and probably more contentious thing, is negotiating the debt ceiling and possibly entitlement reform in early 2013," said Jim Russell, senior equity strategist for U.S. Bank Wealth Management in Cincinnati.

Hard choices about budget cuts and the critical need to raise the debt ceiling will confront Congress about the same time in two months "so the fur will be flying," Russell said.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.7 percent to $12.03 and Citigroup Inc gained 4.3 percent to $41.25. The KBW bank index <.bkx> rose 3.2 percent.

Shares of Zipcar Inc surged 47.8 percent to $12.18 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis advanced 4.8 percent to $20.77.

Shares of Apple rose 3.2 percent to $549.03, helping to lift the S&P information technology index <.gspt> up 3.2 percent following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software.

Economic data from the Institute for Supply Management showed U.S. manufacturing ended 2012 on an upswing despite fears about the fiscal cliff, but the Commerce Department reported that construction spending fell in November for the first time in eight months.

Volume was heavy, with about 7.8 billion shares traded on the New York Stock Exchange, the NYSE MKT and the Nasdaq, well above the 2012 daily average of 6.42 billion.

(Reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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Pa. governor sues NCAA over Penn State sanctions

STATE COLLEGE, Pa. (AP) — In a bold challenge to the NCAA's powers, Pennsylvania's governor claimed in a lawsuit Wednesday that college sports' governing body overstepped its authority and "piled on" when it penalized Penn State over the Jerry Sandusky child molestation scandal.

Gov. Tom Corbett asked that a federal judge throw out the sanctions, which include an unprecedented $60 million fine and a four-year ban on bowl games, arguing that the measures have harmed students, business owners and others who had nothing to do with Sandusky's crimes.

"A handful of top NCAA officials simply inserted themselves into an issue they had no authority to police under their own bylaws and one that was clearly being handled by the justice system," Corbett said at a news conference.

The case, filed under federal antitrust law, could define just how far the NCAA's authority extends. Up to now, the federal courts have allowed the organization broad powers to protect the integrity of college athletics.

In a statement, the NCAA said the lawsuit has no merit and called it an "affront" to Sandusky's victims.

Penn State said it had no role in the lawsuit. In fact, it agreed not to sue as part of the deal with the NCAA accepting the sanctions, which were imposed in July after an investigation found that football coach Joe Paterno and other top officials hushed up sexual-abuse allegations against Sandusky, a former member of Paterno's staff, for more than a decade for fear of bad publicity.

The penalties include a cut in the number of football scholarships the university can award and a rewriting of the record books to erase 14 years of victories under Paterno, who was fired when the scandal broke in 2011 and died of lung cancer a short time later.

The lawsuit represents a reversal by the governor. When Penn State's president consented to the sanctions last summer, Corbett, a member of the Board of Trustees, embraced them as part of the university's effort to repair the damage from the scandal.

Corbett said he waited until now to sue over the "harsh penalties" because he wanted to thoroughly research the legal issues and did not want to interfere with the football season.

The deal with the NCAA has been unpopular with many fans, students and alumni. Corbett, who is up for re-election next year, deflected a question about whether his response has helped or hurt him politically.

"We're not going to get into the politics of this," he said.

An alumni group, Penn Staters for Responsible Stewardship, applauded the lawsuit but said Corbett should have asked questions when the NCAA agreement was made.

"If he disapproved of the terms of the NCAA consent decree, or if he thought there was something illegal about them, why didn't he exercise his duty to act long before now?" the group said.

Paterno's family members said in a statement that they were encouraged by the lawsuit. Corbett "now realizes, as do many others, that there was an inexcusable rush to judgment," they said.

Corbett's lawsuit accuses the NCAA of cynically exploiting the Sandusky case, saying its real motives were to "gain leverage in the court of public opinion, boost the reputation and power of the NCAA's president" and "enhance the competitive position of certain NCAA members." It said the NCAA has not cited a rule that Penn State broke.

Corbett charged that the NCAA violated the Sherman Antitrust Act, which prohibits agreements that restrain interstate commerce. Legal experts called it an unusual case whose outcome is difficult to predict.

The NCAA has faced antitrust litigation before, with a mixed record of success. In 1984, the Supreme Court ruled against the NCAA's exclusive control over televised college football games. And in 1998, the Supreme Court let stand a ruling that said the NCAA's salary cap for some assistant coaches was unlawful price-fixing.

But federal courts have consistently rejected antitrust challenges to NCAA rules and enforcement actions designed to preserve competitive balance, academic integrity and amateurism in college athletics.

In this case, the courts might not be as sympathetic to the NCAA, said Matthew Mitten, director of the National Sports Law Institute at Marquette University Law School.

"It's difficult to justify the sanctions as necessary to protect the amateur nature of college sports, preserve competitive balance or maintain academic integrity," he said.

Joseph Bauer, an antitrust expert at the University of Notre Dame law school, said of Corbett's line of reasoning: "I don't think it's an easy claim for them to make, but it's certainly a viable claim."

Sandusky, 68, was convicted in June of sexually abusing 10 boys over a 15-year period, some of them on Penn State's campus. He is a serving a 30- to 60-year prison sentence.

Michael Boni, a lawyer for one of the victims, said he does not consider the lawsuit an affront. But he said he hopes Corbett takes a leading role in pushing for changes to state child-abuse laws.

"I really question who he's concerned about in this state," Boni said.

Michael Desmond, a businessman who appeared with Corbett at the news conference, said business at his five State College eating establishments was down about 10 percent during Penn State home game weekends this year.

"The governor's actions are going to be immensely popular with all Penn State alumni," Desmond said.

Corbett, a Republican, said his office did not coordinate its legal strategy with state Attorney General-elect Kathleen Kane, who is scheduled to be sworn in Jan. 15. Instead, the current attorney general, Linda Kelly, granted the governor authority to pursue the matter.

Kane, a Democrat, ran on a vow to investigate why it took prosecutors nearly three years to charge Sandusky. Corbett was attorney general when his office took over the case in 2009.

Kane had no comment on the lawsuit because she was not consulted about it by Corbett's office.

State and congressional lawmakers have objected to use of the NCAA fine to finance child-abuse prevention efforts in other states. Penn State has already made the first $12 million payment, and an NCAA task force is deciding how it should be spent.

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Associated Press writers Peter Jackson in Harrisburg, Pa., and Michael Rubinkam contributed.

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