Texas school district encourages armed teachers for protection

HARROLD, Texas -- There's at least one school that welcome firearms to class.

It believes nothing makes a school safer than teachers who are armed,

The Harrold Independent School District is one building with 103 students. It's 20 minutes away from the nearest sheriff's station. Superintendent David Thweatt created what he calls a "guardian plan" after the attack at Virginia Tech.

"These people that go in and do these horrible acts, they're evil. But they're not that crazy -- they always know where they are going to get resistance," Thweatt said.

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Teachers and administrators here carry concealed handguns. They won't say how many faculty members are armed. They get extra training, but the district would not give us details.

Some people are horrified when he starts talking about putting guns in schools with children, but Thweatt said it's important to be safe.

"Sure, but it's a pretty horrific thing that happened the other day." Thweatt said. "And quite a few people are not horrified. Quite a few people we have in our district, since we have a high-transfer district, people bring their students to us for that protection."

Texas law allows concealed weapons in schools with a district's permission. Harrold was the first district to do it. A similar proposal was vetoed by Michigan's governor Tuesday.

Thweatt says allowing the firearms into the school will dissuade anyone who wants to hurt the kids.

"That's the bottom line," he said.

Since the shootings in Connecticut, Superintendent Thweatt has gotten calls from districts around the state and as far away as Missouri from school administrators asking whether they might be able to implement similar plans.

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Newtown Shooting: Bushmaster Under Fire

When the private investment firm Cerberus Capital Management announced Tuesday it would unload its interest in Bushmaster – the company that built the weapon used in last week's mass murder of 20 Connecticut first graders -- it marked the beginning of what experts say is likely to be a challenging period for the North Carolina-based weapons manufacturer.

"They are looking at a taint on their brand and looking at a marketplace that could change dramatically with respect to their weapon," said Chris Lehane, a crisis public relations expert who worked in the Clinton White House. "To me the fact that Cerberus is pulling out is a pretty significant defining moment."

For years, Bushmaster has been marketing itself to testosterone-fueled male customers, issuing "man cards" to customers who want to be "card carrying men." Now, Lehane and others said the company is facing the prospect of being branded the weapon of choice for mass killers. The Newtown, Connecticut shooting marked the fourth time a Bushmaster has been implicated in a mass shooting since 1999, including the Beltway sniper case that left 10 dead and three more wounded.

Cerberus announced Tuesday it wanted distance from Bushmaster, calling the murder of 20 first grade children at Sandy Hook Elementary School a "watershed event." The investment firm, which is chaired by former Vice President Dan Quayle, noted in its statement that Bushmaster may not be an investment consistent with the interests of its clients. Its investors include the pension plans of firemen, teachers, and policemen.

Rich Pedroncelli/AP Photo

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Lehane said the announcement could signal a shift in the way investors view companies that make military style weapons for a civilian market.

"It reminds me of the time when tobacco began to be associated with a negative light, or the divestiture movement surrounding companies in South Africa," he said. "Where financial markets believe they are going to pay a price."

In addition, a spokesman for Cerberus Group confirmed that the father of Stephen Feinberg, the founder of Cerberus Group, lives in Newtown.

Gun control groups have also lined up to criticize the weapons manufacturer, arguing that the company was selling civilian customers a weapon clearly designed for war.

"This thing is just a killing machine," said Josh Horwitz, executive director of the Coalition to Stop Gun Violence. "[I]t's a weapon that can easily shoot hundreds of … In fact it's very similar to the weapon that James Holmes used to shoot up the movie theater in Aurora."

The company has not responded to phone calls seeking comment, but gun enthusiasts say the weapon's menacing appearance can appeal to civilians looking for a means to secure their homes, and its ease of use can appeal to those looking for a weapon for target shooting.

"The [assault rifle] platform is the most popular in the country," said Frank Cornwall, a firearms instructor in Connecticut. "Civilians have always bought similar type arms to the military. And this is a very versatile platform. Quite a popular hunting and target shooting gun."

Phillip Stutts, a crisis management consultant who worked for President George W. Bush, said he has been surprised by the silence of the gun manufacturer.

"Bushmaster doesn't have to take responsibility for this tragedy, but they have a responsibility to respond to this tragedy," he said. "And they haven't. They have to get out in front of this. It needs to be corrected ASAP."

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Inquiry harshly criticizes State Department over Benghazi attack

WASHINGTON (Reuters) - Security at the U.S. mission in Benghazi, Libya was grossly inadequate to deal with a September 11 attack that killed a U.S. ambassador and three others because of failures within the State Department, an official inquiry found on Tuesday.

In a scathing assessment, the review cited "leadership and management" deficiencies at two department offices, poor coordination among officials and "real confusion" in Washington and in the field over who had the responsibility, and the power, to make decisions that involved policy and security concerns.

The attack killed Ambassador Christopher Stevens and three other Americans and set off a political furor as Republicans used the issue to attack President Barack Obama before the November 6 election in which he won a second term in office.

The report's harsh assessment seemed likely to tarnish the four-year tenure of Secretary of State Hillary Clinton, who said in a letter accompanying the review that she would adopt all of its recommendations.

"Systemic failures and leadership and management deficiencies at senior levels within two bureaus of the State Department ... resulted in a special mission security posture that was inadequate for Benghazi and grossly inadequate to deal with the attack that took place," said the unclassified version of the report by the official "Accountability Review Board."

The board specifically faulted the department's Bureau of Near Eastern Affairs, the regional office which is responsible for the Middle East and North Africa, and the Bureau of Diplomatic Security, its law enforcement and security arm.

The five-member board said U.S. intelligence provided no "specific tactical warning" of the attack and that there was "little understanding of militias in Benghazi and the threat they posed to U.S. interests" in the eastern Libyan city, where the central government has little influence.

The incident has raised questions about the adequacy of security at U.S. embassies around the globe and where to draw the line between protecting American diplomats in dangerous places while giving them enough freedom to do their jobs.

Jon Alterman, head of the Middle East program at the Center for Strategic and International Studies, said the assessment reflected poorly on Clinton and its recommendations would probably make life harder for diplomats in the field

"This is a mark against Secretary Clinton. While she was not singled out, the report highlighted the lack of leadership and organization on security issues, and those fall into her bailiwick," Alterman said.

"The report, however, relies a little too much on bureaucratic fixes," he added. "Sprinkling people throughout the system who are not only empowered to say 'no,' but have an institutional interest in doing so, will make it harder for diplomats to get out of tightly guarded facilities."

DID LOCAL GUARDS LEAVE GATE OPEN?

The report faulted as "misplaced" the mission's dependence for security support on the "armed but poorly skilled" Libyan February 17 Martyrs' Brigade militia members and unarmed guards hired by State Department contractor Blue Mountain Libya.

No Blue Mountain guards were outside the compound immediately before the attack to provide early warning, which was their responsibility. The report raised the possibility that Blue Mountain guards left the "pedestrian gate open after initially seeing the attackers and fleeing the vicinity. They had left the gate unlatched before."

The board found little evidence that the February 17 guards alerted Americans to the attack or swiftly summoned more militia members to help once it was under way. There had been questions of reliability in the weeks preceding the attack.

"At the time of Ambassador Stevens' visit, February 17 militia members had stopped accompanying special mission vehicle movements in protest over salary and working hours," the report said.

The board recommended that the State Department create a new, senior position to oversee security at "high threat" posts, to strengthen security at such posts beyond what is usually provided by host governments, and to consult outside experts on "best practices" for operating in dangerous environments.

The department should also hire more security personnel at dangerous posts, ensure key policy and security staff serve there for at least a year and consider making it easier to punish those who perform poorly in future security incidents.

The political uproar in the United States over the Benghazi attack has already claimed one victim.

U.S. Ambassador to the United Nations Susan Rice, widely tipped as a front-runner to replace Clinton when she steps down as secretary of state early next year, last week withdrew her name from consideration, saying she wished to avoid a potentially disruptive Senate confirmation process.

Republican lawmakers had blasted Rice for comments she made on several television talk shows in the aftermath of the attack in which she said preliminary information suggested the assault was the result of protests against an anti-Muslim video made in California rather than a premeditated strike.

The review, however, concluded that no protest took place before the attack. Rice has said she was relying on talking points drawn up by U.S. intelligence officials.

(Additional reporting by Paul Eckert and Andrew Quinn.; Editing by Christopher Wilson)

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Temasek raises stake in Olam

SINGAPORE: Temasek Holdings has raised its stake in commodity trader Olam International to 17 percent from 16.3 percent.

In a filing with the Singapore Exchange, Olam said Temasek had bought 200,000 shares for S$293,000 from the open market on Tuesday through its investment vehicle Aranda Investments.

In an emailed comment to Channel NewsAsia, a Temasek spokesperson said: "We have invested in Olam over several years. In our judgement, the company represents a reasonably attractive investment over the long term and we are pleased to have the opportunity to add to our stake."

Earlier this month, Olam said Temasek is backing its rights issue of bonds and warrants to raise as much as US$1.2 billion.

This could potentially translate to the investment firm owning as much as 29 percent of Olam if it exercises all the warrants in 2016 at the earliest.

Kewalram Chanrai Group, Olam's largest investor with nearly a 20 percent stake, has also said it will back the issue.

Olam has been the target of short-seller Carson Block and his research firm Muddy Waters, which questioned the company's allegedly flawed accounting standards that they claimed masked its debts.

- CNA/al

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National Geographic turns off Instagram over new terms

The backlash over announced changes to Instagram's terms of service has led National Geographic to suspend its posting activity on the photo sharing app.

The Facebook-owned app ignited a storm of protest with the announcement earlier this week that it had perpetual right to sell users' photographs without payment or notification. Under the new policy, Facebook claimed the perpetual right to license all public Instagram photos to companies or any other organization, including for advertising purposes, effectively transforming the Web site into the world's largest stock photo agency.

National Geographic, a magazine long respected for presenting high-quality photographs that are both artistic and journalistic, made the announcement today on its Instagram account. "We are very concerned with the direction of the proposed new terms service and if they remain as presented we may close our account," the post reads.

Recent comments by Instagram suggest such action may not be necessary. The app maker apologized to its users today, saying it will "remove" language from its legal terms that would have let it sell users' photos or use them in advertisements.

In a blog post this afternoon, Chief Executive Kevin Systrom said it's "our mistake that this language is confusing" and that the company is "working on updated language."

"Since making these changes, we've heard loud and clear that many users are confused and upset about what the changes mean," he wrote.

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Obama moves on taxes in latest "cliff" counter-proposal

President Obama gave up Monday on his demand for higher taxes on households earning $250,000 and upped it to $400,000 while embracing smaller cost-of-living Social Security raises in a counter-proposal to House Speaker John Boehner meant to narrow differences and forge a pre-Christmas "fiscal cliff" deal.

Mr. Obama and Boehner met for nearly an hour in the Oval Office on Monday and sources familiar with the talks released specific details of the White House proposal.

Boehner aides said it brought the two sides closer but said a deal was not at hand.

"Any movement away from the unrealistic offers the President has made previously is a step in the right direction, but a proposal that includes $1.3 trillion in revenue for only $930 billion in spending cuts cannot be considered balanced," said Brendan Buck, a Boehner spokesman.

Other senior Republican aides told reporters on Capitol Hill they are not rejecting the latest White House offer, but they also said that there is not parity or balance in the White House plan and substantive issues remain unresolved. One senior aide said the issues that they are talking about are not technically difficult to resolve, but they were wary the differences might be fundamental issues that are difficult to resolve.

But the depth, specificity and fine-grain nature of discussions over policy, tax revenue and spending cuts belied the tough rhetoric from the two sides in the negotiation. Signs point to a deal before the New Year's fiscal cliff deadline -- and possibly an announcement as early as Wednesday.

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Talks picked up genuine momentum on Friday when Boehner agreed to higher income tax rates on households earning $1 million and above. Previously, Boehner opposed all income tax increases. He also gave in on raising the debt ceiling, a vote some Republicans wanted to use as leverage against Obama in 2013. Both gestures, top White House aides said, broke the logjam.

Mr. Obama responded with big concessions of his own on Monday. He offered a $400,000 income threshold for a Clinton-era top tax bracket of 39.6 percent. Boehner had proposed that tax rate for millionaires and a total 10-year tax revenue figure of $1 trillion. Obama wants $1.2 trillion in new revenue. Both sides look for hundreds of billions in new revenue in 2013 through a tax reform process that eliminates some tax deduction and closes loopholes.

The president also wants a two-year ceasefire on raising the debt ceiling. Boehner offered one year.

In addition to disagreement on income levels for tax rates or some other way to get more revenue, the two sides have not set in stone an actual tax reform process. It sounds like they are talking about creating a new sequester-like mechanism in 2014 as incentive for both tax reform and entitlement reforms.

Speaking of entitlements, Boehner also asked the White House to increase the eligibility age for Medicare but Mr. Obama again refused. This difference could loom large as Republicans want structural cost-saving changes in Medicare in exchange for raising income tax rates.

Mr. Obama has given ground on cost-of-living adjustments to Social Security and other federal benefits, but is trying to shield Medicare. Democrats have warned Obama they might bolt if he folds on raising Medicare's eligibility age. They have been less emphatic about cost-of-living adjustments.

Other components of the president's counter-proposal include:

• $1.2 trillion in new income tax revenue with a 39.6 percent (up from 35 percent) on income of $400,000 or more.
• $1.2 trillion in spending cuts divided this way: $800 billion in cuts; $290 billion in interest savings due to lower deficits; $130 billion in cost-of-living adjustments - - with specific protections to preserve increases for economically disadvantaged beneficiaries. Because changing cost-of-living adjustments would also affect where people fell in various tax brackets, this move would raise $90 billion
• The $800 billion in cuts would come from $400 billion in savings to health care entitlements like Medicare and Medicaid; $200 billion in better tax revenue collection, increased financial transaction fees and reduced federal employee benefits.
• $200 billion in domestic discretionary -- annual spending on basic government functions - divided equally between defense and non-defense programs.
• At least $50 billion devoted next year to infrastructure spending and more in latter years - figures still subject to negotiation.
• A one-year extension of unemployment insurance benefits.

Both sides have already agreed to create long-term solutions for the annual ritual of adjusting the Alternative Minimum Tax, the reimbursement formulas for Medicare physicians and a grab-bag of pro-business tax breaks.

Obama also did not ask for an extension of the temporary 2 percent payroll tax - a priority for some Democrats.

Funding for Superstorm Sandy will be handled separately from the emerging fiscal cliff package. The Senate is considering the administration's $60.4 billion request and the White House expects swift, bipartisan approval.

CBS News Capitol Hill producer Jill Jackson contributed to this report.

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Conn. Kids Laid to Rest: 'Our Hearts Are With You'

Visibly shaken attendees exiting the funeral today for 6-year-old Noah Pozner, one of 20 children killed in the Connecticut school massacre last week, said they were touched by a story that summed up the first-grader best.

His mother, Veronique, would often tell him how much she loved him and he'd respond: "Not as much as I [love] you," said a New York man who attended the funeral but was not a member of the family.

Noah's family had been scheduled to greet the public before the funeral service began at 1 p.m. at the Abraham L. Green & Son Funeral Home in Fairfield, Conn. The burial was to follow at the B'nai Israel Cemetery in Monroe, Conn. Those present said they were in awe at the composure of Noah's mother.

Rabbi Edgar Gluck, who attended the service, said the first person to speak was Noah's mother, who told mourners that her son's ambition when he grew up was to be either a director of a plant that makes tacos -- because that was his favorite food -- or to be a doctor.

Outside the funeral home, a small memorial lay with a sign reading: "Our hearts are with you, Noah." A red rose was also left behind along with two teddy bears with white flowers and a blue toy car with a note saying "Noah, rest in peace."

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Don Emmert/AFP/Getty Images

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The funeral home was adorned with white balloons as members of the surrounding communities came also to pay their respects, which included a rabbi from Bridgeport. More than a dozen police officers were at the front of the funeral home, and an ambulance was on standby at a gas station at the corner.

U.S. Sen. Richard Blumenthal, U.S. Rep. and Sen.-Elect Chris Murphy and Gov. Dannel P. Malloy, all of Connecticut, were in attendance, the Connecticut Post reported.

Noah was an inquisitive boy who liked to figure out how things worked mechanically, The Associated Press reported. His twin sister, Arielle, was one of the students who survived when her teacher hid her class in the bathroom during the attack.

CLICK HERE for a tribute to the shooting victims.

The twins celebrated their sixth birthday last month. Noah's uncle Alexis Haller told the AP that he was "smart as a whip," gentle but with a rambunctious streak. He called his twin sister his best friend.

"They were always playing together, they loved to do things together," Haller said.

The funeral for Jack Pinto, 6, was also held today, at the Honan Funeral Home in Newtown. He was to be buried at Newtown Village Cemetery.

Jack's family said he loved football, skiing, wrestling and reading, and he also loved his school. Friends from his wrestling team attended his funeral today in their uniforms. One mourner said the message during the service was: "You're secure now. The worst is over."

Family members say they are not dwelling on his death, but instead on the gift of his life that they will cherish.

The family released a statement, saying, Jack was an "inspiration to all those who knew him."

"He had a wide smile that would simply light up the room and while we are all uncertain as to how we will ever cope without him, we choose to remember and celebrate his life," the statement said. "Not dwelling on the loss but instead on the gift that we were given and will forever cherish in our hearts forever."

Jack and Noah were two of 20 children killed Friday morning at Sandy Hook Elementary School in Newtown, Conn., when 20-year-old Adam Lanza sprayed two first-grade classrooms with bullets that also killed six adults.

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Syrian rebels take control of Damascus Palestinian camp

BEIRUT (Reuters) - Syrian rebels took full control of the Yarmouk Palestinian refugee camp on Monday after fighting raged for days in the district on the southern edge of President Bashar al-Assad's Damascus powerbase, rebel and Palestinian sources said.

The battle had pitted rebels, backed by some Palestinians, against Palestinian fighters of the pro-Assad Popular Front for the Liberation of Palestine-General Command (PFLP-GC). Many PFLP-GC fighters defected to the rebel side and their leader Ahmed Jibril left the camp two days ago, rebel sources said.

"All of the camp is under the control of the (rebel) Free Syrian Army," said a Palestinian activist in Yarmouk. He said clashes had stopped and the remaining PFLP fighters retreated to join Assad's forces massed on the northern edge of the camp.

The battle in Yarmouk is one of a series of conflicts on the southern fringes of Assad's capital, as rebels try to choke the power of the 47-year-old leader after a 21-month-old uprising in which 40,000 people have been killed.

Government forces have used jets and artillery to try to dislodge the fighters but the violence has crept into the heart of the city and activists say rebels overran three army stations in a new offensive in the central province of Hama on Monday.

On the border with Lebanon, hundreds of Palestinian families fled across the frontier following the weekend violence in Yarmouk, a Reuters witness said.

Syria hosts half a million Palestinian refugees, most living in Yarmouk, descendants of those admitted after the creation of Israel in 1948, and has always cast itself as a champion of the Palestinian struggle, sponsoring several guerrilla factions.

Both Assad's government and the mainly Sunni Muslim Syrian rebels have enlisted and armed divided Palestinian factions as the uprising has developed into a civil war.

"NEITHER SIDE CAN WIN"

Syrian Vice President Farouq al-Sharaa said in a newspaper interview published on Monday that neither Assad's forces nor rebels seeking to overthrow him can win the war.

Sharaa, a Sunni Muslim in a power structure dominated by Assad's Alawite minority, has rarely been seen since the revolt erupted in March 2011 and is not part of the president's inner circle directing the fight against Sunni rebels. But he is the most prominent figure to say in public that Assad will not win.

Sharaa said the situation in Syria was deteriorating and a "historic settlement" was needed to end the conflict, involving regional powers and the U.N. Security Council and the formation of a national unity government "with broad powers".

"With every passing day the political and military solutions are becoming more distant. We should be in a position defending the existence of Syria. We are not in a battle for an individual or a regime," Sharaa was quoted as telling Al-Akhbar newspaper.

"The opposition cannot decisively settle the battle and what the security forces and army units are doing will not achieve a decisive settlement," he said, adding that insurgents fighting to topple Syria's leadership could plunge it into "anarchy and an unending spiral of violence".

Sources close to the Syrian government say Sharaa had pushed for dialogue with the opposition and objected to the military response to an uprising that began peacefully.

In a veiled criticism of the crackdown, he said there was a difference between the state's duty to provide security to its citizens, and "pursuing a security solution to the crisis".

He said even Assad could not be certain where events in Syria were leading, but that anyone who met him would hear that "this is a long struggle...and he does not hide his desire to settle matters militarily to reach a final solution."

In Hama province, rebels and the army clashed in a new campaign launched on Sunday by rebels to block off the country's north, activists said.

The Syrian Observatory for Human Rights, an opposition-linked violence monitor, said fighting raged through the provincial towns of Karnaz, Kafar Weeta, Halfayeh and Mahardeh.

It said there were no clashes reported in Hama city, which lies on the main north-south highway connecting the capital with Aleppo, Syria's second city.

Qassem Saadeddine, a member of the newly established rebel military command, said on Sunday fighters had been ordered to surround and attack army positions across the province. He said Assad's forces were given 48 hours to surrender or be killed.

In 1982 Hafez al-Assad, father of the current ruler, crushed an uprising in Hama city, killing up to 30,000 civilians.

Qatiba al-Naasan, a rebel from Hama, said the offensive would bring retaliatory air strikes from the government but that the situation is "already getting miserable".

(Additional reporting by Oliver Holmes, Erika Solomon and Dominic Evans in Beirut, Afif Diab at Masnaa, Lebanon; editing by Philippa Fletcher)

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Mayan calendar is only part of rich legacy

GUATEMALA CITY: The most precise and sophisticated calendar ever created is only one of the legacies of the ancient Maya, who also left their mark on the arts, architecture and cooking, experts say.

The Mayan "Long Count" calendar says an era of more than 5,000 years ends on December 21 - doomsday for some but a reason to rejoice for many others in Mexico and Central America, where the civilisation once flourished.

Millions of tourists are expected in the region on Friday to celebrate with fireworks, concerts and other spectacles held at more than three dozen archaeological sites.

"The Mayan calendar is not just a matter of counting seconds, minutes and hours," Guatemalan anthropologist Alvaro Pop, a member of the United Nations Permanent Forum on Indigenous Issues, told AFP.

The calendar also represents a model showing "the movements of celestial bodies and the way it affects human life in a cyclical manner," Pop explained.

That expertise enabled the ancient civilisation to detect the influence of celestial bodies on tides, births and plants, he noted.

But the contributions of the ancient civilisation - which reached its peak between the years 250 and 900 - far transcend their understanding of the stars, touching on everything from architecture to textiles to food.

The Mayas were the first to grow corn, some 3,000 years ago. Today, it remains the main staple in cuisines across the region.

The Mayas were also among the first to use and grow cocoa and, according to some, they came up with the idea of chewing chicle, a natural gum from a regional tropical evergreen tree and the precursor to chewing gum.

The Mayas and their descendants, notably in Guatemala, are also known for their multi-coloured fabrics, which "represent the most beautiful and explosive expression of life on the continent and in the world," according to Pop.

Their civilisation is also noted for the only known fully developed written language of the pre-Columbian Americas.

In total, the Mayas spoke 36 languages throughout their history and in different regions. Many of these, which feature very elaborate grammatical structures, are still spoken in indigenous communities.

The Popol Vuh, the Mayan holy book, is the most concrete example of that rich linguistic heritage. The mythological book explains the creation of the world, particularly of the Quiche people, one of the many Mayan ethnic groups.

According to Costa Rican anthropologist Ana Cecilia Arias, Mayan architects, who built imposing pyramids, and their descendants also made significant contributions, notably by helping design churches in the region.

Today the ruins of major urban and religious centres such as Chichen Itza in Mexico's Yucatan peninsula, Tikal in Guatemala, Copan in Honduras and Tazumal in El Salvador stand as shining examples of Mayan architectural knowhow.

Perhaps the more important legacy of the Mayas is human - millions of ethnic Mayan descendants today live in Central America, mainly in Guatemala and Mexico.

Most try to maintain the customs and traditions inherited from their illustrious ancestors even though they are often mired in poverty and face social exclusion.

-AFP/fl

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Samsung loses bid for new trial after Apple's $1B verdict

A federal judge today denied Samsung's request for a new trial against based on allegations of jury misconduct.

The South Korean electronics giant had asked that Apple's billion-dollar verdict be thrown out, arguing it was tainted by the jury foreman's failure to disclose previous litigation with Seagate Technology, a company in which Samsung is a major investor, as well as an alleged bias made evident by statements made to the media after the verdict.

Samsung argued that jury foreman Velvin Hogan should have revealed to the judge during jury selection that he had been sued by Seagate -- his former employer -- which led to his filing for personal bankruptcy in 1993. Also, in a post-verdict interviews with Reuters, Hogan said "the jury 'wanted to send a message to the industry at large that patent infringing is not the right thing to do, not just Samsung,'" and that the "message [the jury] sent was not just a slap on the wrist."

In seeking to have an August 24 verdict overturned that found Samsung liable for about $1.05 billion in damages arising from software patents on mobile devices, Samsung argued that Hogan was deliberately dishonest during jury questioning.

"Samsung has a substantial strategic relationship with Seagate, which culminated last year in the publicized sale of a division to Seagate in a deal worth $1.375 billion, making Samsung the single largest direct shareholder of Seagate," the company said in its October motion. "Mr. Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning," However, Lucy Koh, the U.S. District Court judge presiding over the patent case, noted that the statements he made regarding legal standards used during deliberations or the jurors' mental process were barred by federal evidence rules.

"Even if the standards related by Mr. Hogan were completely erroneous, those statements would still be barred, by Federal Rule of Evidence 606(b) and cannot be considered in deciding whether to hold an evidentiary hearing," Koh said.

She also blamed Samsung for not asking Hogan the proper questions to reveal any alleged bias against Seagate.

"Samsung could have uncovered the Seagate lawsuit, or at least Mr. Hogan's feelings regarding Seagate, had it exercised reasonable diligence in questioning Mr. Hogan during its allotted time in voir dire," she said. "Moreover, even without asking Mr. Hogan directly, Samsung could have exercised reasonable diligence outside of trial and could have discovered the lawsuit by requesting the bankruptcy file, exactly as Samsung did later, when it became motivated to do so."

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