Extended Use of Breast Cancer Drug Suggested


The widely prescribed drug tamoxifen already plays a major role in reducing the risk of death from breast cancer. But a new study suggests that women should be taking the drug for twice as long as is now customary, a finding that could upend the standard that has been in place for about 15 years.


In the study, patients who continued taking tamoxifen for 10 years were less likely to have the cancer come back or to die from the disease than women who took the drug for only five years, the current standard of care.


“Certainly, the advice to stop in five years should not stand,” said Prof. Richard Peto, a medical statistician at Oxford University and senior author of the study, which was published in The Lancet on Wednesday and presented at the San Antonio Breast Cancer Symposium.


Breast cancer specialists not involved in the study said the results could have the biggest impact on premenopausal women, who account for a fifth to a quarter of new breast cancer cases. Postmenopausal women tend to take different drugs, but some experts said the results suggest that those drugs might be taken for a longer duration as well.


“We’ve been waiting for this result,” said Dr. Robert W. Carlson, a professor of medicine at Stanford University. “I think it is especially practice-changing in premenopausal women because the results do favor a 10-year regimen.”


Dr. Eric P. Winer, chief of women’s cancers at the Dana-Farber Cancer Institute in Boston, said that even women who completed their five years of tamoxifen months or years ago might consider starting on the drug again.


Tamoxifen blocks the effect of the hormone estrogen, which fuels tumor growth in estrogen receptor-positive cancers that account for about 65 percent of cases in premenopausal women. Some small studies in the 1990s suggested that there was no benefit to using tamoxifen longer than five years, so that has been the standard.


About 227,000 cases of breast cancer are diagnosed each year in the United States, and an estimated 30,000 of them are in premenopausal women with estrogen receptor-positive cancer and prime candidates for tamoxifen. But postmenopausal women also take tamoxifen if they cannot tolerate the alternative drugs, known as aromatase inhibitors.


The new study, known as Atlas, included nearly 7,000 women with ER-positive disease who had completed five years of tamoxifen. They came from about three dozen countries. Half were chosen at random to take the drug another five years, while the others were told to stop.


In the group assigned to take tamoxifen for 10 years, 21.4 percent had a recurrence of breast cancer in the ensuing 10 years, meaning the period 5 to 14 years after their diagnoses. The recurrence rate for those who took only five years of tamoxifen was 25.1 percent.


About 12.2 percent of those in the 10-year treatment group died from breast cancer, compared with 15 percent for those in the control group.


There was virtually no difference in death and recurrence between the two groups during the five years of extra tamoxifen. The difference came in later years, suggesting that tamoxifen has a carry-over effect that lasts long after women stop taking it.


Whether these differences are big enough to cause women to take the drug for twice as long remains to be seen.


“The treatment effect is real, but it’s modest,” said Dr. Paul E. Goss, director of breast cancer research at the Massachusetts General Hospital.


Tamoxifen has side effects, including endometrial cancer, blood clots and hot flashes, which cause many women to stop taking the drug. In the Atlas trial, it appears that roughly 40 percent of the patients assigned to take tamoxifen for the additional five years stopped prematurely.


Some 3.1 percent of those taking the extra five years of tamoxifen got endometrial cancer versus 1.6 percent in the control group. However, only 0.6 percent of those in the longer treatment group died from endometrial cancer or pulmonary blood clots, compared with 0.4 percent in the control group.


“Over all, the benefits of extended tamoxifen seemed to outweigh the risks substantially,” Trevor J. Powles of the Cancer Center London, said in a commentary published by The Lancet.


Dr. Judy E. Garber, director of the Center for Cancer Genetics and Prevention at Dana-Farber, said many women have a love-hate relationship with hormone therapies.


“They don’t feel well on them, but it’s their safety net,” said Dr. Garber, who added that the news would be welcomed by many patients who would like to stay on the drug. “I have patients who agonize about this, people who are coming to the end of their tamoxifen.”


Emily Behrend, who is a few months from finishing her five years on tamoxifen, said she would definitely consider another five years. “If it can keep the cancer away, I’m all for it,” said Ms. Behrend, 39, a single mother in Tomball, Tex. She is taking the antidepressant Effexor to help control the night sweats and hot flashes caused by tamoxifen.


Cost is not considered a huge barrier to taking tamoxifen longer because the drug can be obtained for less than $200 a year.


The results, while answering one question, raise many new ones, including whether even more than 10 years of treatment would be better still.


Perhaps the most important question is what the results mean for postmenopausal women. Even many women who are premenopausal at the time of diagnosis will pass through menopause by the time they finish their first five years of tamoxifen, or will have been pushed into menopause by chemotherapy.


Postmenopausal patients tend to take aromatase inhibitors like anastrozole or letrozole, which are more effective than tamoxifen at preventing breast cancer recurrence, though they do not work for premenopausal women.


Mr. Peto said he thought the results of the Atlas study would “apply to endocrine therapy in general,” meaning that 10 years of an aromatase inhibitor would be better than five years. Other doctors were not so sure.


The Atlas study was paid for by various organizations including the United States Army, the British government and AstraZeneca, which makes the brand-name version of tamoxifen.


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Netflix buys exclusive rights to Disney movies









Netflix Inc. has acquired exclusive U.S. rights to movies from Walt Disney Studios in a deal that catapults the Internet video-on-demand service into direct competition with pay TV giants such as HBO and Showtime.


The three-year agreement takes effect in 2016 and is a blow to the pay channel Starz, which currently has the rights to broadcast Disney movies, including its Pixar animated films and Marvel superhero pictures, about eight months after they are released in theaters.


Starz's sole remaining movie provider is now Sony Pictures. That partnership ends in 2016.





VIDEO: Disney buys Lucasfilm - Mickey meet Darth Maul


Disney has also agreed to give Netflix nonexclusive streaming rights to more of its older titles — including "Dumbo," "Pocahontas" and "Alice in Wonderland" — starting immediately.


Netflix's chief content officer, Ted Sarandos, called the deal "a bold leap forward for Internet television."


"We are incredibly pleased and proud this iconic family brand is teaming with Netflix to make it happen," he said.


Netflix stock soared on the news, rising $10.65, or 14%, to $85.65.


Shares in Starz's parent company, Liberty Media Corp., fell $5.49, or 5%, to $105.56.


Currently, Netflix has nonexclusive rights to movies from Paramount Pictures, Lionsgate and Metro-Goldwyn-Mayer via a deal with pay channel Epix, as well as an array of library titles from other studios. Its only exclusive movie rights come from independent studios such as Relativity Media and DreamWorks Animation. It also has a wide variety of television reruns.


Sarandos and Netflix Chief Executive Reed Hastings have long said the company wanted to get exclusive pay TV rights to films from one of Hollywood's six major studios to boost its online entertainment service.


PHOTOS: Disney without Pixar


However, Hastings has also at times downplayed the importance of new movies. Netflix previously had streaming rights to Disney and Sony movies via a deal with Starz. In January, investors expressed their concerns that the pending disappearance of those movies would hurt the service. Hastings said in a letter to investors that Disney films accounted for only 2% of domestic streaming and the loss would not be felt.


Since then, though, the Disney movie slate has become more attractive. At that time, Netflix did not have access to movies from Disney's Marvel superhero unit or the "Star Wars" titles from its pending acquisition of Lucasfilm Ltd.


The end of the Starz agreement accelerated a trend that has seen Netflix evolve into a television company, with reruns of shows such as "Mad Men" accounting for about two-thirds of the content streamed by users.


With several original programs launching next year, including the Kevin Spacey political drama "House of Cards," and a direct connection to a growing number of Internet-enabled televisions, Netflix is on the verge of standing on par with many TV networks.


Netflix charges $8 a month for its streaming service, while premium cable networks such as HBO cost $13 to $18 a month, and that's on top of a monthly bill for other channels that typically exceeds $50. It remains to be seen whether the addition of Disney products and more original programming could lead Netflix to increase its price.


PHOTOS: Hollywood back lot moments


The Netflix spending spree could continue, with Sarandos telling Bloomberg News on Monday that his company would bid for rights to Sony movies when its Starz deal expires.


Netflix might have a tougher time wresting away the rights to Warner Bros., 20th Century Fox or Universal Pictures releases from their current deals with HBO, which like Warner is part of Time Warner Inc. Paramount, Lionsgate and MGM are almost certain to stick with Epix, of which the trio are co-owners.





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L.A. fire chief blames slower response times on budget cuts









Los Angeles Fire Chief Brian Cummings turned the tables on City Council members Tuesday, blaming increased 911 response times on budget cuts approved by lawmakers.


"You gave us a budget," Cummings said during a nearly two-hour City Hall hearing. "We're giving you the most effective Fire Department that we can within that budget."


Cummings was summoned to appear before the council after he failed to produce a plan to improve service and response times, which have grown longer since budget cuts were ordered three years ago after the economic downturn.





The council asked for the blueprint in April. On Tuesday, Cummings was given an additional 60 days to submit the plan.


Cummings blamed the delay on the department's data problems, which have been the subject of multiple investigations by city auditors and outside experts. Years of response time data were found to be flawed and the LAFD has accurate data only for the last two to three months, Cummings said.


Reliable performance data from a longer period is needed before changes in the department deployment plan can be recommended, he said. Improvements will require more funding, he added.


"The simple answer is money," Cummings said. "The way we improve response times is by putting more resources in the field."


The department's performance has been under scrutiny since March when fire officials acknowledged producing inaccurate response time data that made it appear rescuers were getting to emergencies faster than they actually were.


Fire officials are dealing with other embarrassments. Federal officials are investigating whether confidential information was obtained illegally on hundreds of patients who rode in Fire Department ambulances, according to a city lawyer. The department also has been criticized by the city's top budget officials for going over its budget by millions of dollars.


On Tuesday morning, The Times reported on a YouTube video titled "Firehouse Burlesque Hula Hooping" showing a woman in high-heels and tight shorts dancing with a hoop at a Venice fire station. The video was a promotion for Hoopnotica, a fitness company. The firm's chief executive said the shoot was unplanned, lasted no more than 30 minutes and that no money changed hands.


Last year, firefighters from the same Venice firehouse and another station were investigated for allowing fire engines to be used in porn shoots. Shortly after those videos surfaced, the controversy spread to Cummings when the chief acknowledged that he once posed for racy photos with a bikini-clad woman when he was stationed in Venice as a captain.


Cummings said the department was investigating the hula hoop video. Councilman Mitchell Englander, who chairs the council's Public Safety Committee, said firehouse antics are "another part of the culture we have to change."


At the council meeting, Cummings and other fire officials reviewed the recent findings of a task force formed to examine the department's various data management troubles.


Councilman Eric Garcetti said he was happy the data problems were being addressed, but said he wanted a detailed plan for service improvements.


He also said the department needs stronger leadership. "I want somebody fighting for this department," he said. "Talk to your firefighters out there. They don't feel that is happening."


After the economic downturn, the council and Mayor Antonio Villaraigosa cut the LAFD's annual budget by $88 million — from $561 million in 2008 to $473 million in 2011.


The cuts led to service "brownouts," which took units out of service on a rotating basis, and which were eventually replaced by a new deployment plan. Cummings, an assistant chief at the time who oversaw development of the redeployment, predicted response times would match pre-recession levels following the changes. But investigations by The Times and City Controller Wendy Greuel found response times for medical emergencies have increased over the last four years.


Councilman Richard Alarcon admonished his colleagues, saying they should have known their budget cuts would lead to slower response times.


"Even Barry Bonds can't hit home runs with a plastic bat," said Alarcon, who voted against the cuts.


This spring, responding to concerns about the department's performance and the controversy over the accuracy of its data, lawmakers added back $40 million to the department budget. Cummings has requested an additional $50 million in next year's budget.


kate.linthicum@latimes.com


robert.lopez@latimes.com


ben.welsh@latimes.com





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Toshiba’s 10-inch Excite 10 SE tablet sells for $349.99, comes with Jelly Bean












While every other company is busy chasing the 7-inch tablet market, Toshiba (TOSBF) is keeping its eye on people interested in 10-inch tablets. Its new Excite 10 SE Android tablet is fairly similar to its Excite 10 LE, sporting a 10.1-inch 1280 x 800 resolution display, NVIDIA Tegra 3 quad-core processor, 16GB of internal storage, 3-megapixel rear camera, HD front camera, microSD card slot and Android 4.1 Jelly Bean. It doesn’t have the iPad’s eye-popping Retina display or the Samsung (005930) Nexus 10′s crisp 2,560 x 1,600 resolution with 300 pixels per inch, but it’s more than adequate for most basic tablet tasks. And at $ 349.99, it’s not a bad deal for a 10-inch tablet. The Excite 10 SE goes on sale December 6th and will be available from ToshibaDirect.com and select retail stores. Toshiba’s press release follows below.



Toshiba expands excite family of tablets with new 10-inch model












New Excite 10 SE Tablet Powered by Android 4.1 Starting at $ 349.99 MSRP


IRVINE, Calif. — Dec. 4, 2012 — Toshiba’s Digital Products Division (DPD), a division of Toshiba America Information Systems, Inc., today announced the availability of the Excite™ 10 SE tablet, a multimedia-rich tablet with a 10.1-inch touchscreen, powered by Android™ 4.1, Jelly Bean. The Excite 10 SE offers an affordable option for people looking for a powerful and versatile tablet for the home, starting at only $ 349.99 MSRP[i].


“Our Excite family of tablets continues to grow with options to suit a wide range of consumer needs, from portability and gaming to versatility and power,” said Carl Pinto, vice president of marketing of Toshiba America Information Systems, Inc., Digital Products Division. “We designed the Excite 10 SE to be a full featured tablet that offers a pure Android, Jelly Bean experience, while maintaining an attractive price point.”


The Excite 10 SE features Android 4.1, Jelly Bean, which improves on the simplicity and usability of Android 4.0. Moving between customizable home screens and switching between apps is effortless, while the Chrome™ browser and new Google Now intelligent personal assistant and Voice Search apps makes surfing the web fast and fluid.


Slim and light at only 0.4 inches thick and weighing 22.6 ounces[ii], the Excite 10 SE is encased with a textured Fusion Lattice finish, making it comfortable to hold and easy to carry. The tablet offers a vibrant 10.1-inch diagonal AutoBrite™ HD touchscreen display[iii] plus the NVIDIA® Tegra® 3 Super 4-PLUS-1™ quad-core processor[iv] that delivers smooth web browsing and outstanding performance for games, HD movies and more.


Stereo speakers with SRS® Premium Voice Pro create an optimized audio experience for music, video and games, while providing greater clarity for video chatting via the tablet’s HD front-facing camera. The Excite 10 SE also includes a 3 megapixel rear-facing camera with auto-focus and digital zoom for capturing HD video and photos. Featuring a wide range of connectivity, the tablet includes 802.11 b/g/n Wi-Fi®, Bluetooth® 3.0, as well as Micro SD and Micro USB ports for expandability. The tablet also charges conveniently via the Micro USB port.


Availability


The Excite 10 SE will be available starting at $ 349.99 MSRP for the 16GB model at select retailers and direct from Toshiba at ToshibaDirect.com on December 6, 2012.



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David Mamet, Kathie Lee Gifford suffer losses


NEW YORK (AP) — David Mamet's new play "The Anarchist" and Katie Lee Gifford's "Scandalous" will both end their Broadway runs much earlier than their creators wanted.


Producers said Tuesday night that Mamet's play starring Patti LuPone and Debra Winger portraying an inmate and warden respectively will close Dec. 16 after just 23 previews and 17 performances.


Producers of "Scandalous," a musical about the life of preacher Aimee Semple McPherson, said it will quit even earlier, after the matinee on Dec. 9 following 60 shows. Both shows got dreadful reviews and struggled at the box office.


Those two shows join "The Performers," a play set in the porn industry, with quick exits in the past few months on Broadway. "The Performers" opened and closed in November after just 23 previews and seven regular performances.


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Sign Language Researchers Broaden Science Lexicon





Imagine trying to learn biology without ever using the word “organism.” Or studying to become a botanist when the only way of referring to photosynthesis is to spell the word out, letter by painstaking letter.




For deaf students, this game of scientific Password has long been the daily classroom and laboratory experience. Words like “organism” and “photosynthesis” — to say nothing of more obscure and harder-to-spell terms — have no single widely accepted equivalent in sign language. This means that deaf students and their teachers and interpreters must improvise, making it that much harder for the students to excel in science and pursue careers in it.


“Often times, it would involve a lot of finger-spelling and a lot of improvisation,” said Matthew Schwerin, a physicist with the Food and Drug Administration who is deaf, of his years in school. “For the majority of scientific terms,” Mr. Schwerin and his interpreter for the day would “try to find a correct sign for the term, and if nothing was pre-existing, we would come up with a sign that was agreeable with both parties.”


Now thanks to the Internet — particularly the boom in online video — resources for deaf students seeking science-related signs are easier to find and share. Crowdsourcing projects in both American Sign Language and British Sign Language are under way at several universities, enabling people who are deaf to coalesce around signs for commonly used terms.


This year, one of those resources, the Scottish Sensory Centre’s British Sign Language Glossary Project, added 116 new signs for physics and engineering terms, including signs for “light-year,”  (hold one hand up and spread the fingers downward for “light,” then bring both hands together in front of your chest and slowly move them apart for “year”), “mass” and “X-ray” (form an X with your index fingers, then, with the index finger on the right hand, point outward). 


The signs were developed by a team of researchers at the center, a division of the University of Edinburgh in Scotland that develops learning tools for students with visual and auditory impairments. The researchers spent more than a year soliciting ideas from deaf science workers, circulating lists of potential signs and ultimately gathering for “an intense weekend” of final voting, said Audrey Cameron, science adviser for the project. (Dr. Cameron is also deaf, and like all non-hearing people interviewed for this article, answered questions via e-mail.)


Whether the Scottish Sensory Centre’s signs will take hold among its audience remains to be seen. “Some will be adopted, and some will probably never be accepted,” Dr. Cameron said. “We’ll have to wait and see what happens.”


Ideally, the standardization of signs will make it easier for deaf students to keep pace with their hearing classmates during lectures. “I can only choose to look at one thing at a time,” said Mr. Schwerin of the F.D.A., recalling his science education, “and it often meant choosing between the interpreter, the blackboard/screen/material, or taking notes. It was like, pick one, and lose out on the others.”


The problem doesn’t end at graduation. In fact, it only intensifies as new discoveries add unfamiliar terms to the scientific lexicon. “I’ve had numerous meetings where I couldn’t participate properly because the interpreters were not able to understand the jargon and they did not know any scientific signs,” Dr. Cameron said.


One general complaint about efforts to standardize signs for technical terms is the idea that, much like spoken language, sign language should be allowed to develop organically rather than be dictated from above.


“Signs that are developed naturally — i.e., that are tested and refined in everyday conversation — are more likely to be accepted quickly by the community,” said Derek Braun, director of the molecular genetics laboratory at Gallaudet University in Washington, D.C., which he said was the first biological laboratory designed and administered by deaf scientists.


This article has been revised to reflect the following correction:

Correction: December 4, 2012

An earlier version of this article misstated the origin of the ASL-STEM Forum.  It was developed by researchers at the University of Washington, not Gallaudet University.  Researchers at Gallaudet and the National Technical Institute for the Deaf at Rochester Institute of Technology work with the University of Washington to provide content and help the forum grow.

This article has been revised to reflect the following correction:

Correction: December 4, 2012

An earlier version of a correction with this article misstated the name of an institute that works on the ASL-STEM Forum. It is the National Technical Institute for the Deaf at Rochester Institute of Technology not the National Institute for the Deaf. 



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Mediators may spur a quick resolution in port strike









Standing with a picket sign in hand, clerical worker Manny Garcia gestured his thanks to motorists honking in support as they drove past a Port of Los Angeles cargo terminal.


Garcia has manned the picket lines at the L.A. and Long Beach ports in shifts since last week, when the 800-member International Longshore and Warehouse Union Local 63 Office Clerical Unit went on strike.


The issue pitting the clerical workers union against their shipping line employers is concern over outsourcing jobs, a charge the Harbor Employers Assn. has denied.





"We'd like to be working" rather than on strike, Garcia said Tuesday. "But we're trying to get a fair agreement."


A solution may come soon.


On Tuesday, after Los Angeles Mayor Antonio Villaraigosa intervened in the negotiations, the clerical workers union relented and agreed to mediation — a decision the employers had pushed for since last week.


"We've got to get a deal and get a deal as soon as possible," Villaraigosa told reporters after working with both sides Monday night and well into the morning Tuesday following his return from a South American trade mission.


The workers have been striking since Nov. 27 against the 14-member group of shipping lines and terminal owners. Though small, their strike has been magnified as 10,000 regional members of the ILWU honor the picket lines.


The dispute isn't about wages or benefits. It centers on the charge by the union that employers have steadily outsourced jobs through attrition. The union says the employers have transferred work from higher-paid union members to lower-paid employees in other states and countries.


Their employers dispute that contention, saying they've offered the workers full job security. Their proposal also includes wage and pension increases.


The workers don't have ordinary clerk and secretarial jobs. They are logistics experts who process a massive flow of information on the content of ships' cargo containers and their destinations.


The clerical workers, among the highest-paid in the country, are responsible for booking cargo, filing customs documentation, and monitoring and tracking cargo movements.


For example, any hazardous cargo, such as chemicals, that arrives or leaves through the ports requires appropriate documentation. The clerical workers ensure that containers flagged by customs or the U.S. Department of Agriculture are held for inspection and cleared before they exit the ports.


According to union officials and the Harbor Employers Assn., the average hourly rate for clerical workers is $40.50 per hour — which amounts to about $84,000 a year. In comparison, the median annual wage for cargo and freight agents was $37,150 in May 2010, according to the most recent data from the Bureau of Labor Statistics.


As talks have dragged on, employers have offered to raise the union workers' total compensation package. The employers say total compensation currently averages $165,000, but that amount includes healthcare, pension contributions, time off and other benefits in addition to salary.


The latest proposal would raise that average to $195,000, and include a $1-an-hour increase in pay each year for the next two years.


The union, however, is pushing for a contract that will prevent employers from outsourcing jobs in the future, said Craig Merrilees, a spokesman for the clerical workers union.


Both sides expect that two mediators — high-profile negotiators with experience in past labor disputes — will speed along negotiations.


Director George H. Cohen and Deputy Director Scot L. Beckenbaugh of the Federal Mediation and Conciliation Service were expected to meet with both sides beginning Tuesday evening. Between them, they have mediated labor disputes involving the National Hockey League, Major League Soccer and grocery chains.


At his news conference Tuesday, Villaraigosa said it was clear to him the rift between the two sides was too large to be resolved without an experienced mediator guiding the talks.


"There's a lot at stake here," Villaraigosa said, adding that the talks needed a greater "sense of urgency."


Steve Getzug, a spokesman for the Harbor Employers Assn., said the mediators' involvement would be helpful, "but what this doesn't do is get the clerks to drop their picket."


Union officials said they had no plans to stop picketing during negotiations.


The strike has shut down 10 of the 14 cargo container terminals at the nation's busiest seaport complex. Since the strike began, 20 ships have been diverted to other ports, including Oakland and Ensenada. Other cargo ships have sat anchored outside the L.A. and Long Beach ports, waiting for a resolution to the labor dispute.


Garcia, for his part, said he feels the strike is a way to stand up to large corporations to protect well-paying jobs in the community.


"We want to see this resolved," said Garcia, who retired more than a decade ago but still works as a temporary employee. "And we don't want an agreement to be rammed down someone's throat. After all, we have to work with these people later."


ricardo.lopez2@latimes.com


Times staff writers Stuart Pfeifer and Scott Wilson contributed to this report.





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Fatal incident reflects new boldness among offshore smugglers









The small Coast Guard inflatable vessel was 20 yards from the panga, an open fishing boat that law enforcement officers say has become the craft of choice to ferry untold numbers of marijuana bales and undocumented immigrants from Mexico to Southern California.


Spotted earlier by a Coast Guard cutter, the panga was running without lights, a standard practice in the illicit trade, according to investigators.


The four men on the boat dispatched from the cutter Halibut approached it cautiously, about 200 yards from the shore of Santa Cruz Island, off the Santa Barbara coast. In the darkness, they turned on their blue flashing lights and shouted, in English and Spanish: "Stop! Police! Put your hands up!" according to court documents filed Monday.





In response, the two men aboard the panga throttled their engines and headed straight at the small Coast Guard boat, ignoring shots fired by a crew member, provoking a collision that left a chief petty officer dead and his colleague injured. Then the two men kept going.


One of two men thrown out of the inflatable, Chief Petty Officer Terrell Horne III of Redondo Beach, died of a head injury caused by a propeller, according to the affidavit, which was filed in connection with the murder case against two suspects detained as they tried to flee to Mexico.


Officials say the tragedy underscores the dangers posed by smugglers who have foregone well-policed land routes in favor of the sea. Although more than 500 maritime smuggling incidents have been logged off the Southern California coast since 2010, this was the first violent death, authorities said.


"Most of our interdictions off of California can only be described as benign," Coast Guard spokesman Adam Eggars said. "There may be an attempt to evade, there may be a short pursuit, but we haven't had anything like this."


The men on the panga, Jose Mejia Leyva and Manuel Beltran Higuera, both Mexican nationals, were charged in Horne's death in U.S. District Court. Authorities believe they had been supplying gasoline to other smuggling craft operating off the California coast.


According to the affidavit, military aircraft followed their 30-foot craft as it made its way toward Mexico. With the two men futilely trying to restart their sputtering engine 20 miles north of the border, another Coast Guard vessel overtook them. Crew members demanded their surrender at gunpoint. When the men kept trying to start their engine, the Coast Guard crew doused them with pepper spray.


Encounters with seaborne smuggling have nearly doubled since 2010, with the steepest increases found along the more secluded, less patrolled beaches of Ventura and Santa Barbara counties, according to U.S. Immigration and Customs Enforcement.


In Santa Barbara County, the surge has alarmed local authorities. In an April letter to Rep. Lois Capps (D-Santa Barbara), Sheriff Bill Brown said the county experienced 16 "panga incidents" since the previous July, including the beaching of a four-engine, 45-foot "super-panga" that could easily have outpaced his department's sole vessel.


"It's a direct byproduct of increased pressure at the border and increased maritime enforcement to the south of us," Brown said in an interview Monday. "They're going further out to sea and they're coming further north."


Capps said she is asking federal agencies for additional enforcement funds in Santa Barbara.


The greatest number of coastal smuggling cases still occurs in San Diego, Orange and Los Angeles counties. But intensive interagency efforts based in San Diego and Long Beach have forced some smugglers farther up the coast, officials said.


"It's not so much that efforts are being stepped up as that agencies are pooling knowledge and experience and expertise," Eggars said. "The beautiful thing about Los Angeles is that there's a ton of law enforcement here."


Upgraded technology, such as infrared radar and enhanced video, is being shared among agencies, he said, along with "actionable intelligence."


But smugglers have powerful incentives to take the risk. Dozens of people, paying an average of $6,000 apiece, can cram into each panga. Police say marijuana bales hauled by a typical panga can sell for millions. There's a huge expanse of sea — the Channel Islands National Marine Sanctuary is nearly 1,500 square miles — and major roads, including U.S. 101, run right by potential landing areas.


Boat pilots often try to outrun law enforcement and some high-speed chases have ended with U.S. officers shooting out gasoline tanks or performing swerving maneuvers to stop the pangas, said a federal law enforcement officer who spoke on condition of anonymity.


"They aggressively try to get away, but not turn their boat on another boat like they did the other night," the officer said.


On occasion, the rugged terrain of Channel Islands National Park has served as a staging area for smugglers. 





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‘The Daily’ doomed by dull content and isolation












LOS ANGELES (AP) — It was too expensive. It lacked editorial focus. And for a digital publication, it was strangely cut off from the Internet. That’s the obituary being written in real time through posts, tweets and online chats about The Daily, the first-of-its-kind iPad newspaper that is being shut down this month.


Rupert Murdoch‘s News Corp. said Monday that The Daily will publish its final issue on Dec. 15, less than two years after its January 2011 launch. The app has already been removed from Apple’s iTunes, where it once received lukewarm ratings.












The Daily had roughly 100,000 subscribers who paid either 99 cents a week or $ 40 a year for its daily download of journalism tailored for touch screens. But that wasn’t enough to sustain some 100 employees and millions of dollars in losses since its launch. At the time of its debut, News Corp. said The Daily’s operating costs would amount to about half a million dollars a week, or around $ 26 million a year.


When News Corp. launched The Daily, it was touted as a bold experiment in new media. The company hired top-name journalists from other publications, such as the New York Post’s former Page Six editor, Richard Johnson, and said it poured $ 30 million into the newspaper’s launch. Now, the company is acknowledging that The Daily no longer has a place at News Corp., which is being split in two to separate its publishing enterprises from its TV and movie businesses.


Murdoch said in a statement that News Corp. “could not find a large enough audience quickly enough to convince us the business model was sustainable in the long-term.” Some employees are being hired in other parts of the company.


Critics say The Daily’s day-to-day mix of news, opinion and info-graphics wasn’t that different from content available for free on the Internet. And despite a high-profile launch that drew lots of media attention, the publication failed to build a distinctive brand. There was no ad campaign touting its coverage and stories weren’t accessible to non-subscribers, so it didn’t benefit from buzz that comes from social networks like Twitter and Facebook.


Trevor Butterworth, who wrote a weekly column for The Daily called “The Information Society,” says the disconnect between the app and the broader Internet curtailed its reach. He was laid off in July when the publication shrank from 170 workers to about 120. As part of the purge, The Daily cut its dedicated opinion section and dropped sports coverage in favor of using a feed from its News Corp. sister outfit, Fox Sports.


“Stories weren’t widely shared or widely known,” says Butterworth. “It felt like I was writing into the void.”


When it launched, The Daily was meant to take advantage of the explosion of tablet computer sales, and the notion that people generally read on them in the morning or evening, like a magazine.


But each issue came in a giant file — sometimes 1 gigabyte large — and took 10 or 15 minutes to download over a broadband connection, which is unheard of for news apps, says Matt Haughey, the founder of MetaFilter.com, one of the first community blogs on the Internet.


Because the stories weren’t linkable, The Daily didn’t benefit from new Internet traffic that would have come from content aggregators like Flipboard and Tumblr.


“They ignored the obvious, which was the Web,” Haughey says. Although many people are foregoing buying a laptop for the lightweight convenience of a tablet, the day hasn’t arrived yet when all online access will come through apps rather than the Web. “Maybe in five or 10 years, the Web will be less important,” he says. “For now it seems like they were missing out.”


It may also have been a problem that News Corp. launched The Daily from scratch into an environment where readers tend to gravitate toward trusted sources and established brands. According to a 2011 Pew Research Center survey, 84 percent of mobile device users said a news app’s brand was a major factor in deciding whether to download it.


One of the intangible challenges The Daily had was standing out in a sea of online journalism, both paid and free. Some national newspapers, such as The New York Times and The Wall Street Journal, have carved out a niche with informed coverage of sometimes complex topics and have gained paying digital subscribers by limiting the number of free articles they offer online.


Gannett Co., which publishes USA Today and about 80 other newspapers, has succeeded in raising circulation revenue at local papers by putting up so-called online “pay walls,” taking advantage of the fact that there are few alternative sources of coverage for certain communities.


Without a unique coverage niche or a local monopoly, The Daily was caught between two worlds.


By being digital-only, the publication didn’t have a defined coverage area. It was “in competition with everybody and everything,” says Joshua Benton, director of the Nieman Journalism Lab at Harvard University. Yet it failed to carve out its own niche in that larger universe, he says.


“Its lack of editorial focus played a role,” Benton notes. “It was sort of a pleasant, middle-brow, slightly tabloidy mix of news and features. And there’s lots of that available for free online. I would imagine if ‘The Daily’ were starting again now, they would invest more in establishing their brand identity early on.”


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Court upholds $319M verdict in 'Millionaire' case

LOS ANGELES (AP) — A federal appeals court on Monday upheld a $319 million verdict over profits from the game show "Who Wants to Be a Millionaire" and rejected Walt Disney Co.'s request for a new trial.

A jury decided in 2010 that Disney hid the show's profits from its creators, London-based Celador International. The ruling Monday by a three-judge panel of the 9th U.S. Circuit Court of Appeals found no issues with the verdict or with a judge's rulings in the case.

"I am pleased that justice has been done," Celador Chairman Paul Smith said in a statement.

Disney did not immediately comment on the decision.

The ruling comes more than two years after the jury ruled in Celador's favor after a lengthy trial that featured testimony from several top Disney executives. The company sued in 2004, claiming Disney was using creative accounting to hide profits from the show, which first ran in the United States from August 1999 to May 2002 and was a huge hit for ABC.

The jury found that Celador was owed $269.2 million, and a judge later added $50 million in interest to the judgment.

The appeals court determined the verdict was not "grossly excessive or monstrous" and that it was not based on speculation or guesswork.

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