Emmett Till's family reacts to Lil Wayne lyric

NASHVILLE, Tenn. (AP) — A cousin of the late Emmett Till wonders if Lil Wayne understands just how damaging it was when he rapped a vulgar reference to the black U.S. teen whose death in 1955 became a significant moment in the civil rights movement.

Airickca Gordon-Taylor says Till's family would like an apology from Lil Wayne for the brief but disturbing lyric on Future's "Karate Chop" remix. But more than that, she'd like the platinum-selling New Orleans rapper to understand how his comparison of a sex act to the 14-year-old Chicago native's torture death in Mississippi is hurtful to the black community.

"It was a heinous murder," Gordon-Taylor said in a phone interview Thursday from Chicago. "He was brutally beaten and tortured, and he was shot, wrapped in barbed wire and tossed in the Tallahatchie River. The images that we're fortunate to have (of his open casket) that 'Jet' published, they demonstrate the ugliness of racism. So to compare a woman's anatomy — the gateway of life — to the ugly face of death, it just destroyed me. And then I had to call the elders in my family and explain to them before they heard it from some another source."

The Future remix with Weezy guesting was leaked on the internet over the weekend. Epic Records said Wednesday it regretted the unauthorized remix version and that it was employing "great efforts" to pull it down. The brief reference — just seven words — will be stricken from the song when it's officially released later.

The rapper made a crude reference to rough sex and used an obscenity. He indicated he wanted to do as much damage as had been done to Till.

Gordon-Taylor says Epic Chairman and CEO LA Reid personally reached out to her on a conference call Wednesday evening that included the Rev. Jesse Jackson to explain and apologize. Jackson said in a phone interview Thursday that Reid said on the call that Future and Lil Wayne were cooperative.

"Once he got the point he realized this was beyond the zone and he immediately pulled it," Jackson said. "And he talked with both artists, who agreed."

Weezy has made no comment, nor has he addressed the issue on his Twitter account. Gordon-Taylor says there's been no attempt to apologize so far.

Till was in Mississippi visiting family when he was killed for flirting with a white woman. He was beaten, had his eyes gouged out and was shot in the head before his assailants tied a cotton gin fan to his body with barbed wire and tossed his body into the Tallahatchie River. Two white men, including the woman's husband, were acquitted of the killing by an all-white jury.

Till's body was recovered and returned to Chicago where his mother, Mamie Till, insisted on having an open casket at his funeral. The pictures of his battered body helped push civil rights into the cultural conversation in the U.S. Bob Dylan even wrote a song about it: "The Death of Emmett Till."

Gordon-Taylor, founding director of the Mamie Till Mobley Memorial Foundation, said Lil Wayne's lyric was devastating to her family. Simeon Wright, Till's cousin who shared a bed with his relative the night he was taken by the killers, heard the lyric for the first time Wednesday night.

"And he said the Ku Klux Klan would be very proud of Lil Wayne," Gordon-Taylor said. "And as tough a man as he is, I could see the hurt and the anger in his eyes. It just demonstrates to our family just how lost are our youth."

Both Gordon-Taylor and Jackson believe the 30-year-old rapper could help with that problem if he chose. Jackson says he's met Wayne, whose real name is Dwayne Carter, before and that he "respects his art."

Jackson says the issue of a negative portrayal of the black community comes up from time to time, citing The Rolling Stones' "Some Girls," for instance: "We just felt they could make their point without grossly insulting people."

Music also has the power to uplift, he noted. Harry Belafonte opened eyes to conditions in Africa and the Caribbean, for instance. Marvin Gaye's "What's Going On" helped Americans see the war in Vietnam in a new light. And Stevie Wonder's "Happy Birthday" helped clear the way for a national holiday honoring Dr. Martin Luther King Jr.

"We want artists who have considerable power to use their power to uplift and redirect," Jackson said. "It's not a matter of free speech, it's also speech that matters. ... These artists have culturally transforming power. Either they hurt or they help."

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Buffet, 3G to buy Heinz for $23B

Warren Buffett's Berkshire Hathaway and private equity firm 3G Capital will buy ketchup and baby food maker H.J. Heinz Co for $23.2 billion in cash, a deal that combines 3G's ambitions in the food industry with Buffett's hunt for growth.

Including debt assumption, Heinz valued the transaction, which it called the largest in its industry's history, at $28 billion. Berkshire and 3G will pay $72.50 per share, a 19 percent premium to the stock's previous all-time high. Heinz shares actually rose slightly above the offer price, although Buffett cautioned he had no intention of raising his bid.

Analysts said the deal could be the first step in a broader wave of mergers for the food and beverage industry.

"Maybe for the consumer staples group in general this may start some talk about consolidation. Even corporate entities are flush with cash, interest rates are low, it would seemingly make sense," Edward Jones analyst Jack Russo said.

Companies like General Mills and Campbell Soup - itself long seen as a potential Heinz merge partner - rose on the news.

BUFFETT HUNTING GROWTH

The surprise purchase satisfies, at least in part, Buffett's hunt for growth through acquisition. He was frustrated in 2012 by the collapse of at least two deals in excess of $20 billion and said he might have to do a $30 billion deal this year to help fuel Berkshire's growth engine. In this case, Berkshire is putting up about $12 billion to $13 billion cash, Buffett told CNBC, leaving it ample room for another major transaction.

Berkshire Hathaway already has a variety of food assets, including the Dairy Queen ice cream chain, chocolatier See's Candies and the food distributor McLane. Buffett, famed for a love of cheeseburgers, joked he was well acquainted with Heinz's products already and that this was "my kind of deal."

It does represent an unusual teaming of Berkshire with private equity, though; historically, Buffett's purchases have been outright his own. He and 3G founder Jorge Paulo Lemann have known each other for years, and Buffett said Lemann approached him with the Heinz idea in December. One Berkshire investor said he had mixed feelings about the deal because of the limited growth prospects domestically.

"We're a little hesitant on the staple companies because they don't have any leverage in the United States," said Bill Smead, chief investment officer of Smead Capital Management in Seattle. But at the same time, he said, Buffett was likely willing to accept a bond-like steady return even if it was not necessarily a "home run."

3G EXPANDS

For 3G, a little-known firm with Brazilian roots, the purchase is something of a natural complement to its investment in fast-food chain Burger King, which it acquired in late 2010 and in which it still holds a major stake. Lemann, a globe-trotting financier with Swiss roots, made his money in banking and gained notoriety for helping to pull together the deals that ultimately formed the beer brewing giant AB InBev.

3G's Alex Behring runs the fund out of New York. He appeared at a Pittsburgh news conference on Thursday with Heinz management to discuss the deal - and to reassure anxious local crowds that the company will remain based there and will continue to support local philanthropy.

But at the same time, Behring said it was too soon to talk about cost cuts at the company. Unlike Berkshire, which is a hands-off operator, 3G is known for aggressively controlling costs at its operations.

PITTSBURGH ROOTS Also to be determined is whether CEO Bill Johnson would stay on. Only the fifth chairman in the company's history, Johnson is widely credited with Heinz's recent strong growth.

"I am way too young to retire," he told the news conference, adding that discussions had not yet started with 3G over the details of Heinz's future management.

The company, known for its iconic ketchup bottles, Heinz 57 sauces as well as other brands including Ore-Ida frozen potatoes, has increased net sales for the last eight fiscal years in a row.

Heinz said the transaction would be financed with cash from Berkshire and 3G, debt rollover and debt financing from J.P. Morgan and Wells Fargo. Buffett told CNBC that Berkshire and 3G would be equal equity partners.

Heinz shares soared 19.9 percent, or $12.06, to $72.54 on the New York Stock Exchange. A week ago the stock hit a long-term high of $61 a share - near records it set in 1998 - having risen almost 5 percent this year and nearly 12 percent since the beginning of 2012.

The deal is also a potential boon for new U.S. Secretary of State John Kerry, whose wife Teresa is the widow of H.J. Heinz Co heir John Heinz.

Kerry's most recent financial disclosures from his time in the U.S. Senate show a position in Heinz shares of more than $1 million, although the precise size is unclear.

Centerview Partners and BofA Merrill Lynch were financial advisers to Heinz, with Davis Polk & Wardwell LLP the legal adviser. Moelis & Company was financial adviser to the transaction committee of Heinz's board and Wachtell, Lipton, Rosen & Katz served as its legal adviser. Lazard served as lead financial adviser. J.P. Morgan and Wells Fargo also served as financial advisers to the investment consortium. Kirkland & Ellis LLP was legal adviser to 3G Capital, and Munger, Tolles & Olson LLP was legal adviser to Berkshire Hathaway.

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Cubs' plan for more night games in 2013 could be in trouble

The Chicago Cubs' push for more night games in the upcoming season could be in jeopardy, as Ald. Tom Tunney said he would not introduce legislation at today's City Council meeting.

The team has asked Tunney, whose 44^th ward encompasses Wrigley Field, to ease limits on night games, late Friday afternoon games, concerts and other non-game events that are part of a neighborhood protection ordinance. The Cubs want more flexibility in scheduling games and events to increase revenues as the owners of the team seek to embark on a $300 million renovation of Wrigley Field.

The Cubs currently schedule 27 night games and can add up to three more for national television purposes. The exact number of new night games the club seeks is unclear, but the team is eager to have more night games as soon as the upcoming season. The timetable depends on getting city approval as soon as possible so that Major League Baseball can adjust the 2013 schedule, which already has been unveiled.

The team had asked Tunney to introduce a measure amending the neighborhood protection ordinance at Wednesday’s meeting. But the alderman wants the Cubs to address parking, traffic and security issues in the Wrigleyville neighborhood.

The lack of a proposal today suggests Tunney is in no rush to give the Cubs what they want. Additional night games are just one of the changes the Cubs seek that are tied to Wrigley renovations. The team also wants the city to lift landmark restrictions on the stadium to allow for more advertising and change zoning around Wrigley to allow for pre-game street festivals.

Both Mayor Rahm Emanuel and Tunney said they wanted one comprehensive deal to rehab Wrigley and would not proceed first with just an ordinance to add more night games.

“It’s all of one piece,” the mayor said. “We’re going to do this comprehensively.”

He also suggested that a Major League Baseball deadline for scheduling night games provides pressure to seal a deal.

“The individual parties know there’s a deadline, because there is an actual one for them,” Emanuel said.

“But I will say one word to the parties,” he added. “There’s an agreement to be had. It’s right there. All you need is a little leadership and a little will. It’s right there at the table.”

A spokesman for the Ricketts family, the Cubs’ owners, said negotiations on several issues continue.

“Everybody has a sense of urgency,” said spokesman Dennis Culloton. “The team is still hoping to get things resolved by Opening Day at the latest.”

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Europol breaks up multi-million euro Internet fraud gang

MADRID (Reuters) - A network of online fraudsters who masqueraded as European crime-fighting agency Europol and collected millions of euros in fake fines has been broken up - by Europol.

The group, which worked across 30 countries over the past two years, paralyzed computers with a virus and left messages purporting to be from organizations like Europol and the police, saying users could only regain access to their machines if they paid a fine.

"It's impossible to know for sure how many citizens were affected by this, but we estimate hundreds of thousands of Europeans were," Europol Director Rob Wainwright said at a news conference in Madrid on Wednesday.

"If we take into account that the average fine was 100 euros ($130) and 3 percent...paid it, then the estimated damage is millions of euros," he said. Wainwright added his own name had been used to trick Internet users.

The virus was known as "Ransomware" and had up to 48 different mutations to overcome anti-virus software.

The leader of the fraud network, a 27-year-old Russian citizen, was arrested in December in the United Arab Emirates, Spain's secretary of state for security, Francisco Martinez, said at the news conference.

Spanish police arrested 10 members of the group last week on the country's southern Costa del Sol, a popular tourist destination, Martinez said.

Six of the detainees were Russians, two were Ukrainian and two from Georgia. These members mostly took care of money laundering and sending cash electronically to Russia, while the head of the group was responsible for developing the virus. ($1 = 0.7442 euros)

(Reporting by Cristina Fuentes-Cantillana; Writing by Clare Kane; Editing by Pravin Char)

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Rivera plans to announce if this is final season

TAMPA, Fla. (AP) — New York Yankees closer Mariano Rivera said he's reached a decision on whether this will be his final season and plans to announce it before opening day.

"Yes, I have," Rivera said Wednesday after the Yankees' first spring training workout for pitchers and catchers. "But again, I will tell you guys when I think it's the right moment."

Baseball's career saves leader had surgery June 12 to repair a torn anterior cruciate ligament in his right knee, an injury that occurred while he was shagging fly balls during batting practice in Kansas City on May 3.

The 43-year-old right-hander expects to be ready for the regular season. He threw 25 pitches off a bullpen mound and said it felt good.

"It was wonderful to be out there again," Rivera said.

When asked on a scale of one to 10 how the knee currently is, Rivera said, "around nine, for sure."

He added: "The other point will be the running that I do here."

Rivera wore a small, light-weight brace during Wednesday's workout, which had him also take part in fielding drills, including covering first base. He is planning to use a brace in games this year.

Rivera will continue shagging fly balls in batting practice, an activity that has the approval of Yankees manager Joe Girardi.

"That's part of who he is," Girardi said. "So, I don't want to take it away from him."

Rivera will likely pitch his normal seven or eight innings in spring training games, but could throw additional batting practice sessions or simulated games.

"We really don't have a whole lot of restrictions on Mo," Girardi said. "We will watch him carefully to make sure that we don't think he's taxing it too much. We feel pretty good about where he's at."

NOTES: LHP Andy Pettitte decided not to pitch in the World Baseball Classic after talking with team officials that included Girardi and general manager Brian Cashman. "I wanted to play," Pettitte said. "Obviously, after having some conversations with the Yankees — (who were) not too excited about me playing in it — just decided against it. It was a tough decision. I've never had a chance to play for my country, but it was a real big deal to me. And was really, really, really considering do that. It was one of those deals where I felt like this was probably the best move that I could make for this organization and for our team."

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Clues to why most survived China melamine scandal

WASHINGTON (AP) — Scientists wondering why some children and not others survived one of China's worst food safety scandals have uncovered a suspect: germs that live in the gut.

In 2008, at least six babies died and 300,000 became sick after being fed infant formula that had been deliberately and illegally tainted with the industrial chemical melamine. There were some lingering puzzles: How did it cause kidney failure, and why wasn't everyone equally at risk?

A team of researchers from the U.S. and China re-examined those questions in a series of studies in rats. In findings released Wednesday, they reported that certain intestinal bacteria play a crucial role in how the body handles melamine.

The intestines of all mammals teem with different species of bacteria that perform different jobs. To see if one of those activities involves processing melamine, researchers from the University of North Carolina at Greensboro and Shanghai Jiao Tong University gave lab rats antibiotics to kill off some of the germs — and then fed them melamine.

The antibiotic-treated rats excreted twice as much of the melamine as rats that didn't get antibiotics, and they experienced fewer kidney stones and other damage.

A closer look identified why: A particular intestinal germ — named Klebsiella terrigena — was metabolizing melamine to create a more toxic byproduct, the team reported in the journal Science Translational Medicine.

Previous studies have estimated that fewer than 1 percent of healthy people harbor that bacteria species. A similar fraction of melamine-exposed children in China got sick, the researchers wrote. But proving that link would require studying stool samples preserved from affected children, they cautioned.

Still, the research is pretty strong, said microbiologist Jack Gilbert of the University of Chicago and Argonne National Laboratory, who wasn't involved in the new study.

More importantly, "this paper adds to a growing body of evidence which suggests that microbes in the body play a significant role in our response to toxicity and in our health in general," Gilbert said.

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First lady plugs 'Beasts of the Southern Wild'

WASHINGTON (AP) — Michelle Obama on Wednesday gushed over the Oscar-nominated film "Beasts of the Southern Wild," calling it one of the "most powerful and most important" movies in a long time in a ringing endorsement delivered less than two weeks before this month's Academy Awards ceremony.

The first lady commented during a Black History Month workshop at the White House for about 80 middle- and high-school students from the District of Columbia and New Orleans. The movie was set in Louisiana.

Students saw the film, then got to question director Benh Zeitlin and actors Dwight Henry and 9-year-old Quvenzhane Wallis. Wallis stars in the mythical tale of a 6-year-old girl named Hushpuppy struggling to survive in the southern Delta with her ailing father as a storm approaches. Her world consists of a tight-knit, shantytown community on the bayou with wild animals, both real and imagined.

The film won four Oscar nominations, including for best picture, best actress and directing.

Mrs. Obama said she saw the 93-minute film over the summer with a large group of friends and family who ranged in age from 3 to 73, and they were enthralled by it.

"It's rare these days to find a movie that can so completely and utterly captivate such a broad audience and that was one of the things that struck me about this movie," she said. "It managed to be beautiful, joyful and devastatingly honest."

The first lady said "Beasts" makes viewers "think deeply about the people we love in our lives who make us who we are" and shows the strength of communities and the power they give others to overcome obstacles.

"It also tells a compelling story of poverty and devastation but also of hope and love in the midst of some great challenges," she said.

Mrs. Obama also said it was "cool" that "there are so many important lessons to learn in that little 93 minutes."

"That a director and a set of writers and producers can say so much in just 93 minutes," the first lady told the students. "And it doesn't always happen in a movie, quite frankly, but this one did it, and that's why I love this movie so much and why our team wanted to bring it here to the White House and share it with all of you."

Mrs. Obama also used the film to inspire her young audience, noting that Wallis was just 5 years old when she auditioned for the part and Henry, who runs a bakery, had never acted a day in his life.

"You all have to really be focused on preparing yourselves for the challenges and the opportunities that will lie ahead for all of you. You've got to be prepared," she said, urging them to go to school, do their homework every day and follow her husband's example by reading everything they get their hands on.

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Follow Darlene Superville on Twitter: http://www.twitter.com/dsupervilleap

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Feds OK insurance exchange partnership

Health and Human Services Secretary Kathleen Sebelius on Wednesday said her department conditionally approved Illinois’ plan to operate a health insurance exchange in a partnership with the federal government, a widely expected move that makes the state the third to receive the official go ahead. 

Sebelius plans to make the announcement Wednesday afternoon at a West Side clinic alongside Gov. Pat Quinn, Sebelius said the approval will allow the state and the federal government to continue work on readying the online marketplace for Oct. 1, when uninsured Illinoisans can begin signing up for health insurance offered under the 2010 health care overhaul law.

Under the partnership model, Illinois will maintain its responsibility for regulating the insurance market, a function that will allow the state to tailor the types of private health insurance plans offered through the exchange. Illinois also will be in charge of customer assistance, which will allow it to conduct outreach efforts and aid people in signing up.

The federal government is responsible for building and operating the exchange.

Illinois becomes the third state to have its partnership plan approved, following Delaware and Arkansas. A handful of other states, including Iowa, Michigan, West Virginia and New Hampshire, also are interested in the partnership model. Other states have opted to set up and run their own exchanges, while a majority refused to participate, relying on the federal government to do so.

Sebelius is in town through Thursday to meet with several large stakeholders, including union leaders, clergy and community groups, to raise awareness about the forthcoming exchanges, a spokesman said.

The exchanges are a crucial part of the government's plan to expand the number of Americans who have some form of health insurance.

Eventually, an estimated 20 million people will benefit from federal tax credits starting in 2014 that will help offset the cost of paying for insurance premiums. Even so, the government estimates that about 6 million Americans will not sign up and will start paying tax penalties in 2014.

In the first year, those penalties are relatively modest, starting at $95 for adults and $47.50 per child. But they’re expected to increase in future years, eventually totaling nearly $7 billion in 2016, an average fine of about $1,200 per person.

While states were given the option of setting up and running their own exchanges, only 18 chose to do so, with most of the rest opting to allow the federal government to operate them, at least in the beginning.

Julie Hamos, director of the state Department of Healthcare and Family Services, has said she hopes to get legislation passed this spring to authorize a purely state-run exchange that will be up and ready in time for open enrollment for 2015.

Meanwhile, consumers can expect a marketing blitz during the summer and into the fall touting the exchanges, which will serve individuals who are not eligible for Medicare or Medicaid and not offered health insurance through their employers.

pfrost@tribune.com | Twitter: @peterfrost

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Hadiya Pendleton shooting suspect: 'She was just there'

The gunman in the slaying of Hadiya Pendleton told police he was in the middle of a three-year battle with a rival gang when he opened fire at a South Side park and hit the 15-year-old who "had nothing to do" with the feud, according to prosecutors.

"She was just there," Michael Ward, 18, told police after he was arrested with Kenneth Williams, 20, prosecutors said during a hearing where both were denied bail.

Williams told witnesses he and Ward were driving around on Jan. 29, looking for members of a rival gang that had killed one of Ward's friends, according to prosecutors. Williams had also been wounded by a rival gang member last summer, police said.

"Ward stated that his gang and the rival gang had been shooting at one another since 2010. [Ward] stated that when the rival gang killed one of his friends, he thought, 'If we keep standing for this, we are going to be some straight bitches,' " prosecutors said.

"It hurt, it hurt," he told police, according to prosecutors. "It hurt to a point where everyone had to go."

Ward confessed to police that he and Williams mistook a Pendleton companion for a rival gang member as the girl was with friends at the park near King College Prep High School, about a mile away from President Barack Obama's home.

In court today, prosecutors disclosed that surveillance video captured the white Nissan the two used to flee after the shooting. Police had identified Williams and Ward as occupants of the car "within approximately 10 minutes of the shooting," prosecutors said.

The two were not arrested until this past weekend.

Williams said he and Ward pulled up to Harsh Park in the North Kenwood neighborhood, according to prosecutors. Ward got out and "snuck up on the group and they didn't see him coming," prosecutors quoted Ward as telling police. "Ward admitted he approached the fence and fired the gun six times. He ran back to the car and both defendants fled."

Williams appeared in court in a black-hooded sweatshirt and his hair in dreadlocks, while Ward was dressed in a dark gray vest and blue jeans. Both defendants kept their hands behind their backs and stood silently before the judge as Assistant State’s Attorney Jennifer Sexton detailed the charges before a packed courtroom.

Relatives and supporters showed up in court for both Ward and Williams, but no one spoke to reporters following the bond hearing.

Ward’s lawyer, Jeffrey Granich, contended that police refused his client’s repeated requests for a lawyer while he was being questioned by detectives. He also maintained that Ward was being “railroaded” because of the high-profile homicide.

“This is a serious case, not a political platform,” Granich told reporters in the lobby of the Leighton Criminal Court Building.

Granich said Ward was attending Malcolm X College to obtain a GED, a requirement of his probation sentence for a weapons conviction.

Williams’ attorney, Matthew McQuaid, said his client had graduated from the same high school as Hadiya – King College Prep – and was working for an air courier service at O’Hare International Airport. He has no criminal background.

McQuaid also denied that Williams belonged to a gang.

David Smith, a close friend of the Pendleton family, said after the court hearing that the family was keeping tabs on developments from Washington. Hadiya’s parents are guests of First Lady Michelle Obama at the president’s State of the Union address tonight.
“They need to be off the streets, absolutely,” Smith said in expressing satisfaction that the two suspects were ordered held without bond. But at the same time, he said the entire case saddens him.

“I feel sad for Haydia and seeing those guys (in court) they looked sad, too, like little kids themselves,” Smith said.

Another family friend, Ray Hill, said he hoped the shooting would galvanize residents against violence.
“Everybody needs to wake up because if it can happen to our family, it can happen to yours,” Hill said. “We need to get the city more involved with our children.”

Detectives arrested the two Saturday night as the suspects were on their way to a suburban strip club to celebrate a friend's birthday, police said. Pendleton had been buried only hours earlier in a funeral attended by first lady Michelle Obama.

Police Superintendent Garry McCarthy said that two days before the killing, police had stopped Ward in his Nissan Sentra as part of a routine gang investigation. That information wound up being the starting point for detectives when witnesses in the shooting described seeing a similar car driving away from the shooting scene, he said.

Through surveillance and interviews — including several fruitful interviews with parolees in the neighborhood — detectives were able to home in on Ward and Williams, police said. On Saturday night, the decision was made to stop the two if they were spotted. Police watched as they departed in a caravan of cars headed to the strip club in Harvey. They were stopped near 67th Street and South King Drive and taken in for questioning.

McCarthy said Williams was shot July 11 at 39th Street and South Lake Park Avenue and an arrest was made. But that gunman was let go after Williams refused to cooperate, McCarthy said.

McCarthy noted that at the time of Hadiya's slaying, Ward was on probation for a weapons conviction. McCarthy said weak Illinois gun laws allowed Ward to avoid jail time because of the absence of mandatory minimum sentences.

"This incident did not have to occur," McCarthy said. "And if mandatory minimums existed in the state of Illinois, Michael Ward would not have been on the street to commit this heinous act."

State's Attorney Anita Alvarez echoed McCarthy's call for stronger sentencing laws for gun offenses.

After the hearing, she said prosecutors had asked for prison time for Ward when he was convicted of a weapon charge in 2011, but he was instead given probation because he was only 17 at the time of the offense. A state law that went into effect that year requires a mandatory minimum sentence of 1 year in prison for unlawful use of a weapon but only for offenders 18 or older, she said.

“What we want to do with the new legislation is to fix that so that we are holding these people responsible…and that they receive an amount of jail time that is going to serve as a deterrent,” she said.

Responding to a Tribune report that Ward had been arrested three times while on probation for his gun conviction but still was on the street, Alvarez said the Cook County Adult Probation Department was responsible for notifying prosecutors of the new arrests and filing for a violation of probation. That can result in an arrestee being sent to prison.

“What I’ve been told (is) the probation department has admitted that they did not notify us, so obviously we didn’t proceed on that violation of probation,” Alvarez said.

jmeisner@tribune.com

jgorner@tribune.com

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Apple CEO calls Einhorn lawsuit a "silly sideshow"

SAN FRANCISCO (Reuters) - Apple Inc Chief Executive Tim Cook said the board is carefully considering David Einhorn's proposal for the company to issue preferred stock and return more cash to investors, but he called a lawsuit brought by the star hedge fund manager against Apple a "silly sideshow."

Waving aside Einhorn's assertion that Apple is clinging to a "Depression-era" mentality, Cook said on Tuesday the board is in "very active discussions" on how to dole out more of its $137 billion hoard of cash and marketable securities.

Einhorn and his Greenlight Capital are suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest among technology companies. They are challenging "Proposal 2" in Apple's proxy statement, which would abolish a system for issuing preferred stock at its discretion.

The lawsuit, the first major challenge from an activist shareholder in years, calls on Apple to issue perpetual preferred shares that pay dividends to existing shareholders. Such a vehicle, the Einhorn says, would be superior to dividends or share buybacks.

Cook gave Einhorn credit for a novel idea, but the usually unflappable chief executive turned slightly impatient when discussing the lawsuit. He was also dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews.

"This is a waste of shareholder money and a distraction, and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told a packed hall at Goldman Sachs' annual technology industry conference in San Francisco.

The conflict over Prop 2 "is a silly sideshow," added Cook, who on Tuesday traded in his usual casual jeans attire for slacks and a dark suit jacket, in a nod to Wall Street. Cook said he thought it "bizarre that we would find ourselves being sued for doing something good for shareholders."

Einhorn's clash with Apple centers on a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple, which said the change would not preclude future issuance of preferred shares, is recommending shareholders vote in favor at its annual meeting on February 27.

The lawsuit, filed in the U.S. district court in Manhattan, objects to the bundling of the charter change with two other corporate governance-related proposals in "Proposal 2."

The hedge fund manager, a well-known short-seller and Apple gadget fan, counters that striking the preferred-share mechanism from the charter would make it more difficult to issue such securities down the road.

Apple's share price has tumbled in recent months from a high of just over $700 last September. In late afternoon trade on Tuesday, the shares were down around 2.2 percent at $469.30.

DIMINISHING CLOUT

Investors were disappointed that Cook - who rarely makes lengthy public-speaking engagements - did not provide a "more substantial" view on returning cash.

"The only thing that would substantially move the stock would be him saying they were returning cash to shareholders or hinting at a new product," said a manager from a mid-size Dallas hedge fund that owns Apple shares.

"There was a small chance of that happening."

Apple stock is a mainstay of many fund managers' portfolios, with research firm eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.

But that also increases the pressure on Apple to give away a bigger portion of its cash hoard, which is rising as the share price declines and its outlook grows murkier.

Last March, Apple announced a quarterly cash dividend and a share buyback that would pay out $45 billion over three years. At the time, it was sitting on $98 billion in cash. It has so far returned $10 billion of that, but investors want more.

Apple's own view is that its cash pile is a strategic cushion, offering it more flexibility if a need ever arises, such as a major acquisition. Cook said the company had pondered more than one large acquisition in the past, but none passed its internal test.

The company could well do one in the future if the technology fits, he said.

"We have the management talent and depth to do it," he said. "We don't feel the pressure to go out and acquire revenue."

FREE-WHEELING DISCUSSION

Cook, introduced by Goldman Sachs CEO Lloyd Blankfein at the outset, offered other views on topics from screen sizes and the future of the personal computer to Apple's commitment to "great products."

He disputed a popular view that the smartphone market in developed markets may be saturated.

"On a longer-term basis, all phones will be smartphones and there's a lot more people in the world than 1.4 billion, and people love to upgrade their phones very regularly," he said.

The company is also trying to appeal to cost-conscious customers. Apple has moved to make the iPhone more affordable without introducing a specific cheaper phone, by cutting prices of older models.

"We didn't have enough supply of iPhone 4 after we cut the price," he said. "It surprised us, the level of demand for it."

The chief executive, who departed for Washington, D.C after the conference to join U.S. first lady Michelle Obama at the President's State of the Union address later on Tuesday, otherwise stuck pretty much to his regular script - with a sprinkling of lighter, more personal moments.

He grew animated when praising Apple employees or talking about the company's efforts to improve labor conditions across its sprawling supply chain, and touted the Apple store concept for its uplifting ability.

Cook said that when he is down, he just visits an Apple retail store. "It's like Prozac. It's a feeling like no other."

(Additional reporting by Jennifer Saba in New York; Editing by Gerald E. McCormick, Claudia Parsons and Steve Orlofsky)

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