College student seeks immunity in South Miami man’s stabbing death

James Arauz, the Miami Dade College student who stabbed his mother’s employer to death, testified Thursday in the first day of a hearing to determine whether he would be granted Stand Your Ground immunity.

Arauz, who was 20 at the time, stabbed Vincent Pravada to death and went on a shopping spree with his credit cards in Oct. 2009. Investigators later found bloody fingerprints on a glass that led them to Arauz, who confessed to the murder and claimed self-defense.

The defendant’s mother worked as a housekeeper for Pravada for eight years and Arauz helped do yardwork for four months.

After Arauz’s father died from a heart attack in 2008, the 63-year-old Pravada offered to act as a mentor.

Arauz, an engineering student, testified that Pravada, who was openly gay, occasionally made comments about Arauz’s “beautiful eyes” and asked if he’d ever thought about gay sex.

The defendant’s mother said Pravada was unusually excited when Arauz broke up with his girlfriend less than a month before the stabbing.

From the witness stand Thursday, Arauz said he went to Pravada’s South Miami home to pick up the letter of recommendation he had requested for an internship application.

He said Pravada demanded sexual favors in exchange for the letter.

When Arauz rejected Pravada’s advances and tried to leave, he said the older man “went into a rage and tried to pin me against a wall”

After a chase and physical resistance, Arauz grabbed a decorative knife off a filing cabinet and stabbed Pravada 18 times when he tried to prevent him from opening a metal gate outside the house.

“I had already tried flight and it didn’t work, so I was trying to fight,” Arauz said, describing the desperate struggle for the knife. “It was the survival instinct.”

As Arauz was moving the body back into the house, he saw the victim’s wallet in his pocket and took his credit cards and $480 cash.

Arauz was also facing an outstanding shoplifting charge at the time. He was charged with second degree murder and credit card theft.

Judge Yvonne Colodny will hear further testimony on Friday and decide whether to grant the motion for immunity. If she decides that the defense has not provided enough evidence for Stand Your Ground, the case will go to trial before a jury.

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Former IMF chief Dominique Strauss-Kahn, hotel maid to settle: AP

AFP/Getty Images

Nafissatou Diallo (R) accused former IMF head Dominique Strauss-Kahn of sexual assault, but the two have reportedly settled.

NEW YORK — Word of a settlement agreement between former International Monetary Fund chief Dominique Strauss-Kahn and a hotel maid who accused him of trying to rape her could bring an end to a saga that has tarnished Strauss-Kahn's reputation, ended his hopes for the French presidency and renewed a debate about the credibility of sexual assault accusers.

But it might not mean the end of legal troubles for Strauss-Kahn. He is awaiting a ruling on whether he is linked to "pimping" in connection with a French prostitution ring.

A person familiar with the New York case said Thursday that lawyers for Strauss-Kahn and the housekeeper, Nafissatou Diallo, made the as-yet-unsigned agreement within recent days, with Bronx Supreme Court Justice Douglas McKeon facilitating that and a separate agreement to end another lawsuit Diallo filed against the New York Post. A court date is expected next week, though the day wasn't set, the person said.

The person spoke to The Associated Press on the condition of anonymity to discuss the private agreement.

Details of the deal, which comes after prosecutors dropped related criminal charges last year, weren't immediately known and likely will be veiled by a confidentiality agreement. That could prevent Strauss-Kahn and Diallo from speaking publicly about a May 2011 encounter that she called a brutally sudden attack and he termed a consensual "moral failing."

Strauss-Kahn lawyer William W. Taylor III declined to comment. Lawyers for the housekeeper didn't immediately respond to phone and email messages.

Diallo, 33, and Strauss-Kahn, 63, crossed paths when she arrived to clean his luxury Manhattan hotel suite. She told police he chased her down, tried to yank down her pantyhose and forced her to perform oral sex.

The allegation seemed to let loose a spiral of accusations about the sexual conduct of Strauss-Kahn, a married diplomat and economist who had long been dubbed the "great seducer."

With DNA evidence showing a sexual encounter and Diallo providing a gripping description of an attack, the Manhattan district attorney's office initially said it had a strong and compelling case. But within six weeks, prosecutors' confidence began to ebb as they said Diallo had lied about her past — including a false account of a previous rape — and her actions after leaving Strauss-Kahn's room.

Diallo, who's from Guinea, said she told the truth about their encounter. But the district attorney's office dropped the charges in August 2011, saying prosecutors could no longer ask a jury to believe her.

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California Pizza Kitchen brings prototype to Sawgrass Mills

The restaurant chain that took barbecued chicken pizza mainstream is ready to push the culinary envelope again. How about a pizza topped with roasted Brussels sprouts and applewood smoked bacon or a Korean barbecue pizza with pork loin and spicy kimchee salad?

Innovative menu items are just one piece of what’s unique about California Pizza Kitchen’s new flagship restaurant unveiled Thursday at Sawgrass Mills in Sunrise. The first of its kind, the Sawgrass location aims to reinvigorate the brand that started in 1985 in Beverly Hills.

“The whole idea is about taking the best of what put us on the map and making it relevant for 2012 and beyond,” said G.J. Hart, who took over as chief executive officer of the chain just over a year ago. “Over the years the brand morphed from being a leader and it became a follower of food trends. We want to bring back the hip, cool feel.”

The changes are obvious from the moment you walk into the restaurant, which opens to the public Monday. The new look is all about focusing on the chain’s California roots. Very little of the bright yellow and chrome remains. The design is California-casual with earth tones and reclaimed wood everywhere from the walls to the floor and tables. An outdoor terrace with couches and fire pits is designed to encourage lingering. Large windows and glass doors let in lots of natural light and fold open to enjoy the weather.

Pizza is center stage with the kitchen designed so diners can watch the pizza makers at work. At the Sawgrass location — and by mid-2013 at all restaurants — pizzas will once again by hand-tossed. Currently the chain uses a pizza press to make the dough more uniform.

The new focus is on upping the culinary quotient across the board with dishes like a roasted beets and whipped goat cheese salad, plus a sweet pea carbonara featuring pea-filled pasta purses tossed with Italian pancetta and a Romano cream sauce. These are some of the unique items only on the Sawgrass menu, which also features a specialty menu of hand-crafted cocktails.

Chain-wide the company has actually slimmed the menu from more than 100 items to 74 in order to improve execution. But there are also more healthy choices like quinoa and arugula salad or a fire-roasted chile relleno stuffed with chicken, cheese, mushrooms, spinach and eggplant that dishes up at only 380 calories.

“As we grew, we didn’t keep up with the creativity on the menu and we tried to be all things to all people,” said Brian Sullivan, senior vice president of culinary innovation, who has been with the company for 24 years. “We’re always going to be pizza-centric. But we’ll continue to push the envelope with these specialty items that resonate with who we are. We don’t want items that you are going to see in other restaurants.”

The chain chose Sawgrass to unveil its new flagship location because of a combination of the area’s diverse demographic base and the influx of international visitors. South Florida has already been a strong market for the brand, which has seven locations in the tri-county area stretching from Coral Gables to Palm Beach Gardens.

The opening is the culmination of a new vision that began to take shape when Golden Gate Capital purchased California Pizza Kitchen in July 2011 for $470 million, taking the company private and bringing in Hart as the new chief executive.

“They saw a brand that was undervalued,” said Hart, who has an ownership stake in the chain. “This is an iconic brand with so much brand equity. If we can bring the excitement and enthusiasm back we’re only going to see it go up.”

Industry experts say the changes make sense because the brand still has a loyal following, although it has not kept pace with the competition.

“It’s a good time for them to go back to what were the fundamental things that made the brand so intriguing,” said Dennis Lombardi of WD Partners, a restaurant industry consultant. “The difficulty is going to be getting the word out to consumers that this is different. The devil is always in the details in these kind of evolutions.”

Based on consumer reaction, the plan is to take pieces of the Sunrise concept and introduce it into the chain’s other 268 existing restaurants. Some restaurants could be completely remodeled, but most will only get elements of the new prototype, which cost $2 million in Sunrise, Hart said. The company’s Fort Lauderdale and Boca Raton locations could be strong candidates for remodeling next year or early 2014, he said.

Community and business leaders, who got a first look at the restaurant on Thursday, were impressed.

“This is phenomenal,” said Luanne Lenberg, general manager of Sawgrass Mills. “We’re so excited to have this caliber of restaurant and to be their test for the rest of the world.”

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Miami-Dade ethics board rebukes two city of Miami commissioners

The county ethics commission dinged Miami Commissioner Frank Carollo this week for phoning the police chief after Carollo was pulled over for a traffic stop.

Separately, Miami Commission Vice Chairman Marc Sarnoff was reprimanded for not filing a gift disclosure when the Greater Miami Convention & Visitors Bureau paid his way to Brazil.

Sarnoff said his travels did not constitute a gift because he carried out public business. “I did everything I could do, including getting legal advice, to determine that the trip was not a gift,” he said.

Carollo denied wrongdoing in a response to the Miami-Dade Commission on Ethics and Public Trust written by his attorney. He declined comment Wednesday.

The grievance against Carollo said that he called Miami Police Chief Manuel Orosa during a traffic stop in Coconut Grove in August. Carollo was pulled over after attempting to drive his black Lexus around a stopped recycling truck. He called the chief, who called the district commander, who reached out to the officer making the traffic stop.

The officer let Carollo go with a warning.

In the written response to the ethics commission, Carollo’s attorney said the commissioner had never asked Orosa for special treatment. Rather, Carollo called the chief “to inquire ‘what the problem was’ since the circumstances seemed odd.”

The “odd circumstances” included another car stop in the area.

“Commissioner Carollo’s request for a status [report] was well within his authority to communicate with the police chief, and was not accompanied by any request to obtain any resolution of the vehicle stop,” attorney Benedict Kuehne wrote.

Kuehne added: “The officer made the very reasonable decision to issue no traffic citation because the circumstances did not warrant the issuance of a ticket.”

Orosa also told investigators that Carollo had not asked for any favors.

But the ethics commission concluded that Carollo “clearly intended to use his influence with the police chief to avoid a traffic citation.”

“There was no legitimate reason for Carollo to call the chief of police other than to put into motion a chain of events that Carollo hoped would extricate him from a traffic situation that ordinary citizens find themselves in every day,” the ethics commission wrote.

The complaint against Sarnoff involved a trip he and his wife took to Brazil in April.

The pair went to watch the yachts in the Volvo Ocean Race depart Itajai for Miami, the next port of call. Sarnoff also travelled to Rio and Sao Paulo, with the Convention & Visitors Bureau footing the bill for his travel, lodging and meals.

Sarnoff did not disclose the trip as a gift, nor did he disclose that the Volvo Ocean Race had reimbursed him for his wife’s roundtrip airfare.

Sarnoff said he was acting on advice from Miami City Attorney Julie O. Bru. In a legal opinion, Bru said disclosure was unnecessary because the trip did not constitute a gift, but rather city business.

“I never held this secret,” Sarnoff said. “I did everything I was supposed to do. I talked about it openly.” He described the trip as “105 percent work.”

As for Teresa Sarnoff’s travel expenses, Marc Sarnoff said they, too, were incurred during “official” city business.

“The commissioner was unquestionably assisted in his official duties by Ms. Sarnoff and he quite honestly believed that Ms. Sarnoff was conducting city business,” Sarnoff’s attorney, John Dellagloria, wrote in a response to the ethics commission’s findings.

The ethics commission has said that elected officials don’t have to declare tickets to local events they attend for professional reasons. But according to the final report on the Sarnoff case, “all-expense paid trips to distant and exotic locales deserve different consideration since the grandiose scale of the gift creates a larger appearance of impropriety.”

The ethics commission will send a letter to Sarnoff suggesting he report his wife’s travel expenses as a gift. Another letter will be sent to the Miami city attorney to clarify when business trips must be reported as gifts.

The two complaints were filed last month by blogger Al Crespo.

Sarnoff also took a trip to China this year, where he watched the Miami Heat play a preseason game against the Los Angeles Clippers. In October, Sarnoff said the Heat paid for his flight and hotel. On Wednesday, he said the Shanghai Sports Bureau paid for him and his wife.

He now plans to declare that trip as a gift, he said.

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Lindsay Lohan arrested for fighting at NYC nightclub: report

John Shearer/Invision/AP

Actress Lindsay Lohan is in hot water again, according to a report.

Lindsay Lohan is in hot water again, according to a report.

The troubled starlet, 26, was arrested this morning after getting into a fight at a New York City nightclub, TMZ reports.

LiLo was evidently at club Avenue - and after exchanging words with a fellow clubgoer, she punched the woman, sources told TMZ.

Lohan's latest career comeback attempt, the Lifetime movie "Liz & Dick," debuted Sunday.

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City National Bank of Florida and its Spanish parent have four years to evaluate the Miami bank’s future ownership

City National Bank of Florida, the Miami bank purchased by Bankia (formerly Caja Madrid) of Spain in November 2008, said Wednesday that its parent has a “four-year window to evaluate alternatives” for the bank’s future ownership and will work closely with management in Miami during the process.

The Spanish government has reached and agreement with the European Union related to Spain’s financial system problems, which will result in a recapitalization of Bankia and other institutions, the bank said. The agreement calls for Bankia to sell non-core assets and its holdings outside of Spain so that Bankia will emerge with a solid capital position and be more focused on its core domestic business.

“Because City National Bank is so well capitalized, profitable and well positioned in the marketplace, we are going to take our time to fully evaluate all of our strategic alternatives,” City National Bank President and CEO Jorge Gonzalez said in a statement. “This does not impact our ongoing strategy of profitable growth and diversification or our commitment to the markets we serve. Our focus continues to be taking excellent care of our clients and employees. ”

City National, founded 65 years ago, has $4.32 billion in assets and 26 branches from Miami-Dade County to the greater Orlando area.

INA PAIVA CORDLE

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Weatherman conned by SoBe “Bar Girls” now has Twitter account hijacked by Playboy fiancée

A former TV weatherman who testified 12 days ago in a Miami federal courtroom that Latvian “Bar Girls” swindled him out of $43,000 on Miami Beach was back in the spotlight Tuesday over suggestive photos and tweets sent from his Twitter account.

John Bolaris, who was suspended from his job as a weather anchor for Fox affiliate WTXF in Philadelphia last year amid his allegations that as a tourist in South Florida in 2010 he was drugged and robbed, apparently was asleep Sunday when his fiancée Erica Smitheman drunkenly took over his Twitter account and promised to send out nude photos of herself, the New York Daily News is reporting.

The former Playboy model started her Twitter binge by writing: “Hello this is Erica…love John, he loves you all, I guess it’s ok if I send you all a naked photo or two…don’t tell my love.”

She continued to write suggestive tweets referring to her modeling past and hinting that she’d taken over Bolaris’ account while he slept, the newspaper reported.

“This is Erica, I did pose in Playboy…so what,” she wrote. “I will post my naked pictures…John has no clue... I am tweeting, he’s sleeping.”

Bolaris, who now appears on the Howard Stern radio show, has nearly 13,000 followers.

Smitheman did not post nude photos, only one suggestive one, but her offer caused a stir in the Twitterverse.

To read the New York Daily News story click here.

Bolaris last made headlines earlier this month in Miami when he testified about his misadventures in the hands of a Latvian crime ring, which used two beautiful women to lure him from a club and back to his hotel and in the process ran up his credit card, he said.

Here’s the story that ran in MiamiHerald.com on Nov. 16, the day after Bolaris testified in court:

More than two years after his “nightmare on South Beach,” former TV weatherman John Bolaris remains a little foggy about his close encounter with a couple of Latvian “Bar Girls” who swindled him for $43,000 in bogus booze charges billed to his AMEX card.

On Friday, Bolaris testified in Miami federal court that he didn’t have sex with them, though the thought crossed his mind after meeting the duo at the Delano Hotel in late March 2010. Bolaris, 55, was asked whether the B-girls suggested they go to his room at the Fontainebleau Hotel for a “threesome.”

“No, sir,” Bolaris told defense attorney Roderick Vereen. “In my right state of mind, I would not do that.” Vereen shot back: “What about in your intoxicated state of mind?”

Bolaris, who was fired last year from his job as a weatherman for FOX TV in Philadelphia, regaled a Miami jury with his tale of woe in the federal trial of four men who ran a ring of Russian-style clubs that fleeced Miami Beach tourists by deploying B-girls to seduce them.

The puppet master behind the alleged scam: admitted Russian mafioso Alec Simchuk, 46, a naturalized U.S. citizen who pleaded guilty to fraud and testified last month in the trial of his partners and associates.

In 2010, Miami Beach police and the FBI launched an undercover investigation into the B-girl network after Bolaris and other customers complained to their credit card companies about the outlandish bar tabs. A total of 18 defendants were charged in the fraud conspiracy.

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Exclusive: Banks offer to help Sony offload battery unit – sources

TOKYO (Reuters) – Sony Corp has been approached by at least three investment banks offering to sell its battery business as the struggling Japanese group looks to offload non-core assets and focus on reviving its consumer electronics business, banking sources said.

Selling the unit, which employs 2,700 people and had sales last year of $ 1.74 billion, would help Sony cut costs and generate cash as it restructures its operations, three people involved in the preliminary discussions told Reuters.

The company, a byword for innovative gadgetry in the 1970s and 80s, has been battered by weak demand for its TVs in a fiercely competitive market. The TV business has racked up huge losses; Sony’s market value has slumped to below $ 10 billion and ratings agency Fitch last week downgraded the company’s debt to “junk” status – a move likely to push up borrowing costs and make asset sales more attractive.

CEO Kazuo Hirai has pledged to rebuild Sony around gaming, digital imaging and mobile devices, while nurturing new businesses such as medical devices. He is axing 10,000 jobs, closing facilities and selling assets. Any disposals would be part of a broader “garage sale” by Japan’s leading electronics groups that are hurting in weak markets and tight financing.

Potential buyers for Sony Energy Devices Corp – founded in 1975 as Sony-Eveready, a joint venture with Union Carbide Corp – could include Taiwan’s Hon Hai Precision Industry and BYD Co Ltd, a Chinese carmaker backed by billionaire investor Warren Buffett, said one of the sources. Hon Hai is also in negotiations to become rival TV maker Sharp Corp’s biggest shareholder.

FOREIGN INTEREST

Despite a strong yen, interest is likely to come mainly from potential foreign buyers, said the sources, who did not want to be named as the talks are private.

Selling the business overseas may not go down well with a Japanese government that in the past has kept technology at home by promoting alliances between local producers. Panasonic Corp, NEC Corp and Hitachi Ltd also make lithium-ion batteries, though the firms’ fabrication technology differs.

Sony declined to comment on the possible sale of the business, which makes lithium-ion batteries used in smartphones, tablets and PCs. “At our corporate strategy announcement in April, (Hirai) said we would explore possible alliances in E-vehicle batteries and battery storage,” said spokesman George Boyd.

As with TVs, Sony has struggled to compete against South Korean rivals in a battery business that is worth $ 18 billion a year. The small cells that power mobile devices now account for around 60 percent of the market, ahead of those used in cars and electrical tools, according to research company IHS iSuppli.

While lithium-ion battery demand has steadily expanded with the boom in mobile consumer electronics, severe price competition has resulted in razor thin margins that favor large-scale manufacturers with weak local currencies.

“The battery business is a prime example of the company’s loss-making and unwanted assets. It doesn’t make sense for them to keep it,” said one of the banking sources.

FALLING MARKET SHARE

As Hirai doubles down on Sony’s strength in consumer electronics, the company has sold a chemicals company, with 2,900 workers, and may also let go its U.S. headquarters building in New York go. At the same time, it has spent close to $ 2 billion on a U.S. game clouding company and a stake in medical equipment maker Olympus Corp.

Sony produced 74 million lithium-ion battery cells in July-September – almost 40 percent fewer than in the first quarter of 2008, when its output topped Samsung SDI Co Ltd’s 110 million and LG Chem Ltd’s 54 million, according to Techno System Research in Tokyo. Sony’s market share is now 7 percent, dwarfed by Samsung SDI’s 27 percent, Panasonic’s 21 percent and LG Chem’s 17 percent.

Sony’s battery unit, which also makes button batteries for watches and smaller appliances and optical devices, has three factories in Japan and two overseas assembly plants in China and Singapore. It has yet to enter the more lucrative business for automotive batteries.

In its most recent filing, Sony valued the battery unit’s fixed assets, including production sites and machinery, at 52 billion yen ($ 633 million). Under Sony’s accounting rules, asset sales are typically booked as operating profit.

The cost to protect $ 10 million of Sony debt against default for five years has edged higher this week to almost $ 400,000. The CDS spreads had tumbled earlier this month – from above 480 basis points – after Sony said it would raise 150 billion yen ($ 1.9 billion) through a sale of convertible bonds.

($ 1 = 82.1200 Japanese yen)

(Additional reporting by Reiji Murai; Editing by Ian Geoghegan)

Tech News Headlines – Yahoo! News

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The Complete List: 'Dancing with the Stars' Winners

The Complete List: 'Dancing with the Stars' Winners

On Tuesday night, TV personality and former Bachelor contestant Melissa Rycroft became the latest Dancing with the Stars victor! Click through the gallery for a look back at all the previous mirror ball winners.

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Bus-crash horror kills boy, 6, in home

Wayne Carrington

LONG ISLAND NIGHTMARE: This Nassau County bus killed a Hempstead boy asleep in his bedroom last night.

A bus crashed into a home in Hempstead, LI, last night, killing a 6-year-old boy and injuring his 7-year-old brother — both of whom were sleeping peacefully inside.

“He was just in a bad spot,” said Hempstead Police Sgt. Mark Kirichenko, referring to the younger boy.

Eleven people on the bus and a pedestrian were also injured.

The tragedy occurred around 9:30 p.m. when the driver of a Nassau Inter County Express bus swerved to avoid striking a pedestrian, officials said.

The driver honked his horn three times, but the pedestrian continued crossing against the light, according to a police spokesman.

“He tries to avoid him and is forced to make a hard right turn, hops the curb and strikes the house,” the spokesman said.

José Antonio Villagran, 50, who lives in the Fulton Avenue home, said, “I was sleeping when suddenly, the big crash happened.”

“I heard a big boom and I thought it was the end of the world,” Villagran said.

He and another resident, Edgar Laso, saw the 6-year-old pinned by the bus and rushed to the child’s aid.

“Some of us tried to save the baby,” said Laso.

The boy, whose name was withheld, later died at Winthrop University Hospital in Mineola, cops said.

The victim’s older brother was also rushed to that hospital. A family friend said that boy’s injuries appeared minor.

The bus also hit the pedestrian — who was rushed to Nassau University Medical Center in East meadow in critical condition.

Carlos Lopez said he spoke to a witness who said the pedestrian had just left a 24-hour Laundromat when he was struck.

There were at least 20 passengers on the Route N70 bus when the accident occurred.

Police said that no criminality was suspected.

“NICE is cooperating with police officials, and has its own team investigating the incident,” a spokesman for the bus company said.

NICE was taken over by Veolia Transportation on Jan. 1 after Nassau County switched from the MTA, which had operated buses in the county for 37 years.

County Executive Edward Mangano decided on Veolia after the MTA said that Nassau needed to pay $26 million more for the bus services.

Nick Stein

Paramedics tend to one of the victims.

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