Friends, family say goodbye to slain teen

CAPTIONS

Hadiya Pendleton wake
Cleopatra Cowley-Pendleton, center, arrives at the visitation for her 15-year-old daughter Hadiya Pendleton at Calahan Funeral Home located at 7030 S. Halsted St. in Chicago (Terrence Antonio James, Chicago Tribune /February 8, 2013)

By Bridget Doyle




Tribune reporter

5:58 p.m. CST, February 8, 2013

Friends and family gathered at Calahan Funeral Home on the South Side this afternoon for the wake of Hadiya Pendleton, the 15-year-old girl whose slaying last week became a national symbol of the gun violence in Chicago.

Hadiya’s body lay in an open casket, dressed in a purple dress embellished with sparkles. The inside of the casket was lined in a soft purple.

Visitors signed in a registry and wrote personal messages to Hadiya on a dedication board. Family gathered in the back of the room, some talking with visitors, others sitting in chairs.

Dozens of bouquets of flowers lined the room and a large photo of Hadiya was hung on display. A small TV played a picture slideshow of Hadiya smiling with family and friends.

John Burdette, a Hyde Park resident, said although he didn't know the Pendleton family, he wanted to pay his condolences.

“It helped put me at ease,” said Burdette, 64. "This poor young lady. Things are nuts out there and it's terrible. I don't leave my house after 4 p.m.”

Media trucks and police cars lined Halsted Street outside the funeral home, as Hadiya's death has garnered much attention on both a local and national scale.

The wake is scheduled from 2 to 9 p.m. Friday with the funeral to follow Saturday morning. First lady Michelle Obama is scheduled to attend.bdoyle@tribune.com

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China, Japan engage in new invective over disputed isles

BEIJING (Reuters) - China and Japan engaged on Friday in a fresh round of invective over military movements near a disputed group of uninhabited islands, fuelling tension that for months has bedeviled relations between the Asian powers.

An increasingly muscular China has been repeatedly at odds with others in the region over rival claims to small clusters of islands, most recently with fellow economic giant Japan which accused a Chinese navy vessel of locking radar normally used to aim weapons on a Japanese naval ship in the East China Sea.

China's Defence Ministry rejected Japan's complaint about the radar, its first comment on the January 30 incident. It said Japan's intrusive tracking of Chinese vessels was the "root cause" of the renewed tension.

A Japanese official dismissed the Chinese explanation for incident saying China's actions could be dangerous in the waters around the islets, known as Diaoyu in China and Senkaku in Japan, believed to be rich in oil and gas.

Japanese Prime Minister Shinzo Abe led his conservative party to a landslide election victory in December, promising to beef up the military and stand tough in territorial disputes.

On Thursday, another border problem was brought into focus when Japan said two Russian fighter jets briefly entered its air space near long-disputed northern islands, prompting Japan to scramble combat fighters. Russia denied the accusation.

The commander of U.S. forces in the Asia-Pacific said the squabble between Japan and China underlined the pressing need for rules to prevent such incidents turning into serious conflict.

"What we need in the South China Sea is a mechanism that prevents us turning our diplomacy over to young majors and young (naval) commanders ... to make decisions at sea that cause a problem (that escalates) into a military conflict that we might not be able to control," Admiral Samuel Locklear told a conference in the Indonesian capital.

China is in dispute with several Southeast Asian countries including the Philippines and Vietnam over parts of the South China Sea, which is potentially rich in natural resources.

Locklear said governments and their leaders had to understand the potential for things to get out of hand.

"In this case, I think that point has been made pretty clear," he said in reference to international reaction to the dispute between China and Japan.

"IRRESPONSIBLE"

China's Defence Ministry, in a faxed statement late on Thursday, said Japan's complaints did not "match the facts". The Chinese ship's radar, it said, had maintained regular alerting operations and the ship "did not use fire control radar".

The ministry said the Chinese ship was tracked by a Japanese destroyer during routine training exercises. Fire control radar pinpoints the location of a target for missiles or shells and its use can be considered a step short of actual firing.

Japan, the ministry said, had "made irresponsible remarks that hyped up a so-called China threat, recklessly created tension and misled international public opinion".

"Japanese warships and airplanes have often conducted long periods of close-range tracking and surveillance of China's naval ships and airplanes," the Chinese Defence Ministry said.

"This is the root cause of air and maritime security issues between China and Japan."

In Tokyo, Japan's Chief Cabinet Secretary Yoshihide Suga told a news conference Japan could not accept China's explanation and Japan's accusation came after careful analysis.

"We urge China to take sincere measures to prevent dangerous actions which could cause a contingency situation," Suga said.

Japanese Defence Minister Itsunori Onodera said this week that the radar incident could have become very dangerous very quickly, and it could have been seen as a threat of military force under U.N. rules.

Hopes had been rising recently for an easing of the tension, which was sparked, in part, by Japan's nationalization of three of the privately owned islets last September.

Fears that encounters between aircraft and ships could bring an unintended clash have given impetus to efforts to improve links, including a possible summit between Abe and Chinese leader Xi Jinping, who takes over as head of state in March.

(Additional reporting by Linda Sieg in TOKYO, Joathan Thatcher in JAKARTA; Editing by Ron Popeski and Robert Birsel)

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Wall Street ends lower on renewed euro zone fears

NEW YORK (Reuters) - Stocks declined on Thursday, taking a step back from their recent advance, prompted by comments by the ECB president on the euro and Europe's outlook.

The euro currency dropped against the safe-haven dollar and yen, spurring a retreat from risky assets such as stocks, after European Central Bank President Mario Draghi said the exchange rate was important to growth and price stability. Investors took that as a sign the bank is concerned about the euro's advance and its effect on the region's economy.

Growth sectors were among the weakest performers on the S&P 500: the S&P 500 materials index <.splrcma> was down 0.6 percent while the S&P energy index <.spny> was down 0.5 percent. Housing stocks also declined, with a housing sector index <.hgx> off 1.4 percent.

Despite the day's decline and weakness earlier this week, the stock market has been in an almost uninterrupted up trend for most of the year, with the S&P 500 up 5.8 percent so far for 2013.

Many analysts say some weakness at this point is no surprise.

"Given the amount the market moved in January, having a little bit of a pullback and some consolidation where the market goes sideways for a little while, we think would be a healthy sign," said Eric Marshall, director of research at Hodges Capital Management in Dallas.

Top U.S. retailers reported strong January sales after offering compelling merchandise that drew in shoppers facing a hit to their take-home pay from higher payroll taxes.

The Dow Jones industrial average <.dji> was down 42.47 points, or 0.30 percent, at 13,944.05. The Standard & Poor's 500 Index <.spx> was down 2.73 points, or 0.18 percent, at 1,509.39. The Nasdaq Composite Index <.ixic> was down 3.34 points, or 0.11 percent, at 3,165.13.

Shares of Apple helped to limit losses on the Nasdaq, the stock ending up 3 percent at $468.22. Fund manager David Einhorn's Greenlight Capital said it has sued Apple Inc and said the company needs to do more to unlock value for shareholders.

Though the earnings season is winding down, results continue to boost growth estimates for the fourth quarter. According to Thomson Reuters data through Thursday morning, of 317 companies in the S&P 500 that have reported earnings, 69 percent have exceeded analysts' expectations, above a 62 percent average since 1994 and 65 percent over the past four quarters.

Fourth-quarter earnings for S&P 500 companies rose 5 percent, according to the data, above a 1.9 percent forecast at the start of the earnings season.

Akamai Technologies Inc lost 15.2 percent to $35.26 as the worst percentage performer on the S&P 500 after the Internet content delivery company forecast current-quarter revenue below analysts' expectations.

Among retailers, Macy's Inc rose 2 percent to $40.27 after reporting January same store sales rose 11.7 percent.

But Ann Inc dropped 8 percent to $30.20 after forecasting fourth-quarter sales below analysts' expectations.

Economic data was mixed. Initial jobless claims dipped last week, with the four-week moving average falling to its lowest level since March 2008, signaling the economy continues to recover slowly.

A separate report said fourth-quarter productivity registered its biggest drop in nearly two years, while unit labor costs jumped 4.5 percent, more than economists expected.

Roughly 6.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Decliners outpaced advancers on the NYSE by nearly 4 to 3 and on the Nasdaq by about 5 to 3.

(Additional reporting by Angela Moon; Editing by Kenneth Barry and Nick Zieminski)

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NCAA wants Pa. gov's Penn State lawsuit dismissed

HARRISBURG, Pa. (AP) — The NCAA said Thursday a judge should throw out the federal antitrust lawsuit the governor filed against it over Penn State's $60 million fine and other penalties resulting from the Jerry Sandusky child molestation scandal.

College sports' governing body said in a filing that it disagrees with just about every allegation in the complaint against it initiated by Gov. Tom Corbett last month.

The NCAA said the penalties imposed under a July consent decree with the university are unrelated to regulation of economic activity, so antitrust law does not apply. It also argued Corbett lacks standing to sue and called his lawsuit "an inappropriate attempt to drag the federal courts into an intra-state political dispute."

"The remedial measures that Penn State agreed to were controversial, and have elicited strong feelings on all sides," the NCAA's lawyers wrote. "Some think they are too harsh, and some think they are too lenient. But none of those feelings have anything to do with the antitrust laws."

Corbett, a Republican, has said the NCAA overstepped its authority in punishing Penn State. His spokesman Nils Frederiksen said Thursday his lawyers will review the NCAA's filing "and respond as appropriate."

Corbett claimed in his lawsuit the NCAA "piled on" when it penalized Penn State over the Sandusky scandal. He asked that a federal judge throw out the sanctions, which include 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.

The NCAA, in its federal court filing, disagreed.

"It is exceptionally unlikely that sanctions temporarily impairing one school's prowess on the football field would render any of these robust nationwide economic markets less competitive, such that Stanford suddenly could raise tuition, Michigan could offer fewer or less valuable football scholarships, or Notre Dame could charge more for branded football jerseys," the NCAA said in the new filing.

The case 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.

Even if the factual claims in Corbett's lawsuit are true, the NCAA said, the matter involves Penn State, not the Pennsylvania residents on whose behalf the antitrust action was made.

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.

Sandusky, who's in his late 60s, was convicted in June of sexually abusing 10 boys, some of them on Penn State's campus. He is serving a 30- to 60-year prison sentence but insists he's innocent.

The penalties against Penn State 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 late 2011 and died of lung cancer shortly after.

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 Sandusky scandal.

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

Two Pennsylvania congressmen, Charlie Dent and Glenn Thompson, called for the NCAA to restore football scholarships taken away from Penn State, saying in a letter last month the sanctions unfairly punish innocent student-athletes for the child sex abuse scandal.

Penn State officials and Paterno's family deny there was a cover-up of allegations against Sandusky.

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Facts? Shmacts. It's only a movie

STORY HIGHLIGHTS

• Gene Seymour: "Lincoln" error on emancipation vote shines light on how films tell history


• He says Oscar chances for "Argo," "Zero Dark Thirty" may be hurt after facts questioned


• He says films have long gotten history wrong but are useful in showing society's perceptions


• Seymour: It's art, not history, sometimes a vision, something we wish had been or could be

Editor's note: Gene Seymour is a film critic who has written about music, movies and culture for The New York Times, Newsday, Entertainment Weekly and The Washington Post.

(CNN) -- Everyone's a critic; I get that. But does everyone have to be a historian, too?

What audiences perceive as their inalienable right to challenge the accuracy and authenticity of movies seems to get much more exercised before the Academy Awards than at any other time of the year.

The latest challenge came Tuesday from Rep. Joe Courtney of Connecticut, who said Steven Spielberg's "Lincoln" misrepresented the way his predecessors in the 1865 House of Representatives voted on the 13th Amendment banning slavery. Courtney looked it up online and found in his research that all four Connecticut representatives voted for the amendment -- the movie shows two voting against. So in a letter to Spielberg's DreamWorks production office in Los Angeles, he asked DreamWorks for some form of correction. (DreamWorks hasn't been heard from yet.)

Gene Seymour

The film, considered a favorite for a best picture Oscar, places the back-and-forth struggle over the amendment in the forefront of its depiction of the 16th president, played by Daniel Day-Lewis. Courtney, unlike most others who have complained about big-time Oscar contenders, isn't out to ruin anybody's chances. He says he likes everything else about the movie. He merely wants props restored to his home state. And he seems to have a good case.

But you can bet your annual subscription to US Weekly magazine that the chatterboxes who gossip about and/or handicap the Academy Awards are going to try using his complaint as further indication of "Lincoln's" slipping stature as a best picture shoo-in. Some of these pundits claim "Argo" is charging hard from behind since its unexpected wins at both the Golden Globes and Screen Actors Guild Awards.

And yet "Argo" has truthiness issues of its own. Director-star Ben Affleck even admitted before the movie's release last fall that his movie about the 1979 CIA rescue of State Department employees from Iran stretched certain details for dramatic effect. (Spoiler alert!) There was, for instance, no last-minute car chase on a Tehran tarmac as Americans tried to escape on a plane, and their check-in at the terminal wasn't in real life nearly the white-knuckle sequence of events you see in the film.

Others have said the movie misrepresents the Iranian people as completely unified in their support of the takeover of the U.S. Embassy. "Thirty-three million Iranians ... did not commit acts of murder and terrorism," Iranian commentator Kambiz Atabai wrote on The Daily Beast. "Thirty-three million Iranians did not chant 'Death to America!' or take Americans hostage."

But neither "Lincoln" nor "Argo" has reaped the whirlwind of criticism of Kathryn Bigelow's "Zero Dark Thirty" for its depiction of events leading up to the 2011 killing of Osama bin Laden. Even before its limited release in December, the movie couldn't be discussed without referring to those accusing the movie of glorifying waterboarding of suspected terrorists or, at best, misleading audiences into believing that such so-called "enhanced interrogation" played a key role in guiding the United States to bin Laden.

Whatever critics or defenders say, the dispute alone is enough to make academy voters skittish about rewarding something that causes so much trouble.

You have to wonder: What is the big deal?

None of these films are documentaries and thus do not have the same obligations to fact. Yet one could argue that taking too many liberties with real life (whatever that means) could distort for generations the true story; that, indeed, what is enhanced for dramatic purposes becomes what everyone believes is what actually happened.

It's not so cut and dried. Consider D.W. Griffith's 1915 "The Birth of a Nation," regarded as the first great American film epic, whose glorification of the Ku Klux Klan makes contemporary audiences uneasy at best, infuriated at worst. Despite protests by the NAACP and other civil rights organizations, audiences generally agreed with President Woodrow Wilson's purported assessment of the movie: "It's like history written with lightning."

But society can change perception of art over time to the point of neutralizing, even transfiguring its original intent. No one now mistakes Griffith's movie as anything close to historic fact, but it could still be seen as a representation of a racist viewpoint that once held sway over much of America

Then there is John Ford, the great American director of such classic westerns as "Stagecoach" (1939), "The Searchers" (1956) and "The Man Who Shot Liberty Valance" (1962). It was in the latter movie that Ford's aesthetic credo was put forth by a minor character, a journalist who discovers that the career-making triumph of a U.S. senator over an outlaw didn't happen as originally believed. The journalist chooses to keep things status quo. "This is the West, sir," he explains. "When legend becomes fact, print the legend." He might have added: "Because it makes a better story."

Or consider "My Darling Clementine," Ford's 1946 version of the Wyatt Earp saga. As the movie opens, the Earp brothers are herding cattle to Tombstone, Arizona, in 1882 when the youngest brother James is shot dead (in the back, of course) by the rustling Clanton family.

Three things, right off the bat are wrong: James was the eldest of the Earps, not the youngest, the Earp brothers never had any cattle either heading toward or ensconced within Tombstone's city limits and, though James' death is depicted as the spark that eventually led to the Earps' confrontation with the Clantons at the OK Corral, that famous gunfight actually occurred in 1881 -- if you're scoring, that's one year earlier. And the inaccuracies only begin there.

And yet the movie endures as one of Ford's best even after four movies about the same legend have been made, each claiming to be more faithful to historic fact than "Clementine." But "My Darling Clementine," a dream about a past that didn't exist, endures in collective memory. It may not be factual, but it's true to something; a vision, a state of mind, an aspiration to something we wish had been, or could be.

The most recent film about the legend, Lawrence Kasdan's "Wyatt Earp" (1994), is so faithful that you can barely remember anything about it.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Gene Seymour.

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Attorney: Poisoned lottery winner changed finances to benefit wife

Weeks before he died mysteriously from cyanide poisoning after winning a $1 million lottery jackpot, a North Side businessman inked a deal with his business partner to ensure that his share of several dry cleaning stores went to his wife in the event of his death.

The unusual agreement is sure to fuel the fight among heirs of Urooj Khan over his estate, once estimated at about $2 million.

The agreement means that Khan’s widow, Shabana Ansari, owns half of the dry cleaning business and its real estate, instead of those assets being divided among heirs in probate court, according to Ansari’s lawyer, Al-Haroon Husain.

Those business assets are worth more than $1 million, leaving only about $680,000 – including the $425,000 in lottery winnings -- to be split among Khan’s heirs, Husain contends.

“It’s a bit unusual,” Husain said of the agreement following a hearing Thursday in the Daley Center courthouse. “I just think he wanted to make sure his wife had a business and had attachment to the commercial property if something happened to him.”

Khan and his partner, Shakir Mohammed, a childhood friend from their native India, signed the agreement early last May, according to court documents. Khan, 46, won the lottery prize later in May and died suddenly in mid-July before he collected the check.

Husain said he didn’t believe Khan “thought he’d be passing away so soon thereafter.”

In addition to the business agreement, Khan had signed a real estate contract with his wife that entitles her to sole ownership of their Rogers Park home, which is valued at almost half a million dollars, Husain said.

Based on those changes, Husain filed amended papers Thursday in court, drastically lowering the value of Khan’s estate to the $680,000 figure, down from about $2 million a few weeks ago.

Khan's family has been fighting in probate court over his estate since his unexpected death at 46. His brother, Imtiaz, raised concerns that since Khan left no will, his 17-year-old daughter from a previous marriage would not get "her fair share" of the inheritance. Khan and Ansari did not have children together.

As the Tribune first revealed last month, the Cook County medical examiner's office initially ruled that Khan died from hardening of the arteries after no signs of trauma were found on his body and a preliminary blood test did not raise any questions.

But the investigation was reopened about a week later after a relative raised concerns that Khan may have been poisoned.
 
Chicago police became involved in September after further testing found cyanide in Khan's blood. By late November, more comprehensive testing showed lethal levels of the toxic chemical, leading the medical examiner's office to declare his death a homicide.
 
Last month authorities exhumed Khan's body in order to perform an autopsy and gather additional evidence for the homicide investigation. No results have been made public yet.
 
While a motive for Khan’s homicide has not been determined, police have not ruled out that he was killed because of his lottery win, a law enforcement source has told the Tribune.

Ansari has been questioned by Chicago police detectives in her husband’s death, but she has denied any wrongdoing.

jmeisner@tribune.com
jgorner@tribune.com

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Iran's Khamenei rebuffs U.S. offer of direct talks

DUBAI (Reuters) - Iran's highest authority, Ayatollah Ali Khamenei, on Thursday slapped down an offer of direct talks made by U.S. Vice President Joe Biden last week, saying they would not solve the problem between them.

"Some naive people like the idea of negotiating with America, however, negotiations will not solve the problem," Khamenei said in a speech to officials and members of Iran's air force carried on his official website.

"If some people want American rule to be established again in Iran, the nation will rise up to face them," he said.

"American policy in the Middle East has been destroyed and Americans now need to play a new card. That card is dragging Iran into negotiations."

Khamenei made his comments just days after Biden said the United States was prepared to meet bilaterally with the Iranian leadership. "That offer stands but it must be real and tangible," Biden said in Munich on Saturday.

With traditional fiery rhetoric, Khamenei lambasted Biden's offer, saying that since the 1979 revolution the United States had gravely insulted Iran and continued to do so with its threat of military action.

"You take up arms against the nation of Iran and say: 'negotiate or we fire'. But you should know that pressure and negotiations are not compatible and our nation will not be intimidated by these actions," he added.

Relations between Iran and the United States were severed after the overthrow of Iran's pro-Western monarchy in 1979 and diplomatic meetings between officials have since been very rare.

ALL OPTIONS STILL 'ON THE TABLE'

Currently U.S.-Iran contact is limited to talks between Tehran and a so-called P5+1 group of powers on Iran's disputed nuclear program which are to resume on February 26 in Kazakhstan.

In Washington, U.S. State Department spokeswoman Victoria Nuland brushed off Khamenei's remarks and urged Iran to show up in Almaty "prepared to discuss real substance" either in a group setting or in bilateral talks.

"As the Iranians well know, the ball is in the Iranians' own court," she told reporters.

"We've always said that action on the Iranian side would be matched by action on our side, so it's really up to Iran to engage if it wants to see sanctions eased," said Nuland, adding that failure to address the nuclear concerns would bring more pressure on Tehran.

Israel's Deputy Prime Minister Dan Meridor said he was skeptical the negotiations in Almaty could yield a result, telling Israel Radio that the United States needed to demonstrate to Iran that "all options were still on the table".

Israel, widely recognized to be the only nuclear power in the Middle East, has warned it could mount a pre-emptive strike on Iranian atomic sites. Israel says the prospect of a nuclear-armed Iran threatens its existence, given Tehran's refusal to recognize the Jewish state.

"The final option, this is the phrasing we have used, should remain in place and be serious," said Meridor.

"The fact that the Iranians have not yet come down from the path they are on means that talks ... are liable to bring about only a stalling for time," he said.

Iran maintains its nuclear program is entirely peaceful but Western powers are concerned it is intent on developing a weapons program.

Many believe a deal on settling the nuclear issue is impossible without a U.S.-Iranian thaw. But any rapprochement would require direct talks addressing many sources of mutual mistrust that have lingered since Iran's 1979 Islamic Revolution and the subsequent U.S. embassy hostage crisis in Tehran.

Moreover, although his November re-election may give President Barack Obama a freer hand to pursue direct negotiations, analysts say Iran's own presidential election in June may prove an additional obstacle to progress being made.

(Additional reporting by Dan Williams, and Paul Eckert in Washington; Editing by William Maclean, Jon Boyle and Mohammad Zargham)

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Wall Street ends flat as investors pull back

NEW YORK (Reuters) - Stocks ended mostly flat on Wednesday, taking another pause in the recent rally that has driven the S&P 500 to five-year highs, as transportation and technology shares lost ground.

Transportation stocks were among the worst performers. Shares of CH Robinson Worldwide fell 9.7 percent to $60.50 and the stock was the biggest percentage loser on the Nasdaq 100 after the freight transport company posted a lower-than-expected adjusted quarterly profit.

Without a strong catalyst, the market could struggle to continue its rally, analysts said. The benchmark S&P 500 index has advanced 6 percent this year, reaching its highest since December 2007, while the Dow Jones industrial average <.dji> has risen above 14,000 recently.

Bank of America-Merrill Lynch analysts see a near-term pullback likely, based on strong equity inflows at the start of the year, said Dan Suzuki, the bank's equity strategist in New York.

"The fact that we've gone since November without seeing one, from a timing perspective, it wouldn't be a surprise to see one now."

With fourth-quarter earnings nearing an end, the market will be losing one of its big supports, said Frank Lesh, a futures analyst and broker at FuturePath Trading LLC in Chicago. "That's one thing that's been holding the market up," he said.

Shares of Time Warner Inc jumped 4.1 percent to $52.01 after reporting higher fourth-quarter profit that beat Wall Street estimates, as growth in its cable networks offset declines in film, TV entertainment and publishing units.

The Dow Jones industrial average <.dji> was up 7.22 points, or 0.05 percent, at 13,986.52. The Standard & Poor's 500 Index <.spx> was up 0.83 points, or 0.05 percent, at 1,512.12. The Nasdaq Composite Index <.ixic> was down 3.10 points, or 0.10 percent, at 3,168.48.

Amazon.com shares, down 1.7 percent at $262.22, led the decline on the Nasdaq.

Also causing some strain on the market, investors have been speculating about leadership changes in Spain and Italy and watching for comments from European leaders, analysts said. European Central Bank policymakers are due to meet Thursday.

The Dow Jones Transportation average <.djt> was down 0.2 percent after hitting another record high on Tuesday. The average is up 10.7 percent for the year so far and has made a series of new highs since mid-January.

According to Thomson Reuters data, of 301 companies in the S&P 500 that have reported earnings, 68.1 percent have exceeded analysts' expectations, above a 62 percent average since 1994 and 65 percent over the past four quarters. In terms of revenue, 65.8 percent of companies have topped forecasts.

Fourth-quarter earnings for S&P 500 companies are estimated to have risen 4.7 percent, according to the data, above a 1.9 percent forecast at the start of the earnings season.

Walt Disney Co's stock was up 0.4 percent at $54.52, after the company beat estimates for quarterly adjusted earnings and gave an optimistic outlook for the next few quarters.

Volume was roughly 6.5 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Advancers outpaced decliners on the NYSE by roughly 17 to 12 and on the Nasdaq by about 13 to 11.

(Editing by Bernadette Baum, Kenneth Barry and Nick Zieminski)

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Signing Day: Ole Miss muscles in on power programs

Alabama. Ohio State. Michigan. Florida. Notre Dame. Mississippi?

Ole Miss muscled in on the powerhouses that usually dominate national signing day, landing some of the most sought-after prospects in the country on college football's annual first-Wednesday-in-February frenzy.

The Rebels, coming off a promising 7-6 season in their first season under coach Hugh Freeze, had the experts swooning by signing three of the bluest chips still on the board and building a well-rounded class otherwise.

The day started with defensive end Robert Nkemdiche from Loganville, Ga., rated the No. 1 recruit in the country by just about everyone who ranks them, deciding to join his brother, Denzel, in Oxford, Miss.

"I feel like it's the right place for me," Nkemdiche said after slipping on a red Ole Miss cap. "I feel like they can do special things and they're on the rise. I feel like going to play with my brother, we can do something special."

Nkemdiche originally committed to Clemson last year, then backed off that and narrowed his picks down to LSU, Florida and Mississippi — and the Rebels beat the big boys.

They weren't done. Coaches in the Ole Miss war room were exchanging hugs and high-fives again a couple hours later when Laremy Tunsil, a top-rated offensive tackle from Lake City, Fla., picked the Rebels over Florida State and Georgia.

"Tunsil to Ole Miss I think was the biggest surprise of the whole (recruiting season)," said JC Shurburtt, national recruiting director for 247Sports.com.

And, as if the Ole Miss needed more good news, highly touted defensive back Antonio Conner from nearby Batesville, Miss., chose the Rebels over national champion Alabama.

The end result was a class good enough to even catch the attention of LeBron James.

"Ole Miss ain't messing around today! Big time recruits coming in. SEC is crazy," the NBA's MVP posted on his Twitter account.

Crazy good. While the Rebels racked up, it's important to remember they still have plenty of ground to gain on the rest of their conference competition.

Nick Saban reloaded the Crimson Tide with a class that Rivals.com ranked No. 1 in the country.

SEC powers Florida, LSU and Georgia pulled in typically impressive classes. SEC newcomer Texas A&M cracked the top 10 of several rankings. Even Vanderbilt, coming off a nine-win season, broke into the top 25.

It's the cycle of life in the SEC, which has won seven straight BCS championships. Stock up on signing day and scoop up those crystal footballs at season's end.

___

SLIPPING AWAY FROM USC

Signing day didn't do much to soothe the scars left from a difficult season for Southern California.

NCAA sanctions limited the number of scholarships coach Lane Kiffin and the Trojans could hand out this year, and then as signing day approached USC had several players who had given verbal commitments change their minds.

The most notable defection on signing day was five-star defensive back Jalen Ramsey of Brentwood, Tenn., who flipped to Florida State. Defensive end Jason Hatcher from Louisville, Ky., bailed on USC and signed with Kentucky, and defensive end Torrodney Prevot from Houston not only reneged on his USC commitment, but he landed at Pac-12 rival Oregon.

"People expected (Prevot) to flip from USC, but they thought it would be to Texas A&M," Shurburtt said.

USC's class won't be lacking blue chippers. Quarterback Max Browne from Washington is considered the next in a long line of topflight Trojans quarterbacks, and Kenny Bigelow from Maryland is rated among the best defensive linemen in the nation.

Kiffin will be banking on quality to make up for the lack of quantity, but that's a precarious way to play a game as uncertain as recruiting.

____

IF MOMMA'S NOT HAPPY ...

Alex Collins, a top running back prospect out of Plantation, Fla., announced on Monday night that he was going to Arkansas instead of Miami.

It was considered a huge victory for new Razorbacks coach Bret Bielema.

But on Wednesday morning, when it was time to make it official, Collins' letter of intent didn't come spinning through the fax machine in Fayettville, Ark.

There were some odd reports about Collins' mother not being happy with her son's decision to go so far from home.

College coaches aren't allowed to talk about specific players before they sign, but Bielema did acknowledge during his signing day news conference that Arkansas' class of 22 players could "grow by one."

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THE BIG TWO

Ohio State and Michigan received two thumbs up from experts on their signing day classes. They all had the Buckeyes and Wolverines around top five in the country.

After that, there was a drop off. Nebraska received solid grades and Penn State, despite NCAA sanctions that limited its class to 17 signees, held up pretty well.

"That's a tribute to the job (Penn State coach) Bill O'Brien and the staff did," Shurburtt said.

But signing day 2013 signaled that Urban Meyer's Buckeyes and Brady Hokes' Wolverines are primed to pull away from most of the Big Ten, and maybe — just maybe — give the league a team or two that can challenge those SEC teams for a national title.

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BUILT TO LAST

Notre Dame followed up its best season in more than two decades with recruiting class that coach Brian Kelly hopes can keep the Fighting Irish contending for more national titles.

The class includes a famous name in Torii Hunter Jr., the son of the All-Star outfielder. Hunter Jr. is a top-notch receiver prospect, though he broke his leg during an All-Star game and it could be a while before he's back on the football field.

Linebacker Jaylon Smith from Fort Wayne, Ind., is generally regarded as the jewel of a class that experts have ranked among the best in the country.

"I love agreeing with experts," Kelly said.

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BASEBALL OR FOOTBALL?

Oklahoma hopes it has found the next Sam Bradford in Cody Thomas, a pocket passer from Colleyville, Texas.

One small problem. Thomas is also a big-time baseball player who could draw interest in the major league draft this summer.

"We wouldn't have pursued him if we didn't feel there was a great chance he'd be playing football," Oklahoma coach Bob Stoops said.

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QUOTABLE

South Carolina coach Steve Spurrier said recruiting classes "don't always pan out. Of course, they always seem to pan out at Alabama."

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AP Sports Writer David Brandt in Oxford, Miss., and Associated Press Writer Tom Coyne in South Bend, Ind., contributed.

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Follow Ralph D. Russo at www.Twitter.com/ralphdrussoap

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Bring drones out of the shadows

STORY HIGHLIGHTS

• John Brennan's confirmation hearing is a chance to ask about drone program, author says


• Sarah Holewinski: Brennan is one of a few officials who knows full story on drones


• She says senators need to ask about damage drone program does to civilians, U.S. reputation


• Holewinski: CIA should hand over drone program to Defense Department

Editor's note: Sarah Holewinski is executive director of the Center for Civilians in Conflict, which advocates protections for civilians affected by armed conflict. She was a member of the White House AIDS policy team in President Bill Clinton's second term.

(CNN) -- The president's pick for CIA director -- John Brennan -- is one of a handful of U.S. officials who understands America's covert drone campaign inside and out.

Nearly everyone else is in the dark about the whos, wheres and whys of the program, including most members of Congress. But Brennan is also one of the few U.S. officials who's stood in front of a public audience and tried to explain the targeting of terrorists outside recognized battlefields. And while overseeing a massive use of lethal force, Brennan is also known inside the administration as a moderating voice in the fight against terrorism.

Sarah Holewinski

The fact is, Brennan's personal views are as opaque as the drone campaign itself. He may assume leadership of the CIA and decide a clandestine agency should not conduct what is an obvious military operation (a stance I and many others would fully support); after all, a veteran of the CIA may believe the agency should get back to gritty intelligence gathering.

Or, maybe Brennan believes that when it comes to the fight against al Qaeda, the public and its Congress should trust the executive office to protect the American people by whatever means it sees fit.

One way or the other, this week's Senate confirmation hearings should be an opportunity to bring Brennan's views out of the shadows, along with the basic attributes and justifications of the covert drone campaign. The man, the machine and the policy are inextricably linked.

Bergen: John Brennan, America's drone warrior

U.S. officials have consistently claimed that offering too many details about the covert drone program could threaten national security. Fair enough; some classification for national security is understandable. But the secrecy surrounding covert drone use is unduly excessive and not in keeping with the transparent government President Barack Obama promised.

Since the bulk of Brennan's hearing will be behind closed doors, the Senate Select Committee on Intelligence has no reason to shy away from asking tough questions about the drone program. It matters that Congress is there to represent the American people. On their behalf, Congress has a duty to ensure the use of lethal force beyond our borders is being considered and carried out responsibly, with due consideration for the harm it may inflict on civilian populations.

Talk Back: Should U.S. be able to kill American terrorist suspects without trial?

Senators might ask a very basic question to Brennan, one that is seldom clearly answered by the administration: "What impact is the drone campaign against al Qaeda and its associates having?"

John Brennan, President Barack Obama's choice for CIA director, has been deeply involved in the U.S. drone program.

This is a fundamental question of accountability any U.S. official involved in setting or carrying out counterterrorism policy should be able to answer. That answer may describe a dwindling kill list, but it must also put forward facts about what impact drones are having on civilians living under them.

U.S. armed forces in Afghanistan and Iraq learned that the positive or negative impacts of an operation on the local population are an important metric of mission effectiveness. Commanders worked hard to reverse anti-American sentiment caused by a seemingly callous U.S. attitude toward civilian deaths and injuries. In the case of counterterrorism operations, palpable anger toward America would be antithetical to the goal of decreasing the number of terrorists and those who support their cause.

As it stands, it's unclear whether anyone, including Brennan, knows what negative consequences are emerging on the ground because of remote drones.

Rather, claims of low civilian casualties and drone precision capabilities paint a picture of extreme effectiveness in taking out terrorists while sparing civilians. It's true that a drone is precise, meaning it will hit what it is aimed at -- a building, a bunker or a person. But there are valid concerns about whether the target hit is the right one.

Opinion: When are drone killings illegal?

Remote drones likely rely on sources that may be questionable such as video and cell phone intercepts to identify a target. Civilians may be mistakenly targeted as combatants and counted as such because there are no ground troops to conduct a battle damage assessment, interview witnesses or properly identify bodies.

Civilians may also get caught up in so-called "signature strikes" in which operators target individuals based on behavior, not on known identity. This is legally questionable but also has real ramifications for civilians living under drones.

If a civilian in Pakistan doesn't know what behavior makes him a target for U.S. drones, he cannot fully protect himself and his family. If a drone harms his family, even mistakenly, our research shows they won't receive an apology, explanation or any help from the United States. Certainly there will be no love lost for America.

Any deaths and injuries are compounded by psychological trauma, displacement and fear and suspicion among neighbors. One Pakistani told us, "We fear that the drones will strike us again. ... My aged parents are often in a state of fear. We are depressed, anxious and constantly remembering our deceased family members."

Gen. Stanley McChrystal, the former commander of international forces in Afghanistan, recently noted, "What scares me about drone strikes is how they are perceived around the world. ... (T)he resentment created by American use of unmanned strikes ... is much greater than the average American appreciates. They are hated on a visceral level, even by people who've never seen one or seen the effects of one."

The drone program needs to come out of the shadows, with explanations about who is a civilian, who is a target, and how drone operators distinguish between the two.

The CIA should get out of the drone operation business, handing it over to the Defense Department, which has a culture of learning lessons, accountability to Congress and a new openness about civilian protection after 10 years of war in Afghanistan and Iraq.

Drone operators should be trained in civilian protection best practices, and any civilian harmed should receive recognition and help for their losses, in accordance with the values American policymakers have espoused about humanity even during times of war.

The Senate may confirm Brennan as head of the CIA. It should also confirm where he stands on government accountability for lethal force and the CIA's role in the remote drone program.

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The opinions expressed in this commentary are solely those of Sarah Holewinski.

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