Alabama to End Isolation of Inmates With H.I.V.

Jamie Martin/Associated Press

The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.

A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.

Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.

Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”

After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.

In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.

H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.

Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.

“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”

Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”

“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.

During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.

The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.

South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.

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Instagram Reversal Doesn’t Appease Everyone

Peter DaSilva for The New York Times

Kevin Systrom, right, co-founder of Instagram, with employees in the company office in San Francisco last year.

SAN FRANCISCO — Facebook may have quelled a full-scale rebellion by quickly dumping the contentious new terms of use for Instagram, its photo-sharing service. But even as the social network furiously backpedaled, some users said Friday they were carrying through on plans to leave.

Eric Piermont/Agence France-Presse — Getty Images

Kevin Systrom, Instagram’s co-founder, said the company would complete its plans, then explain its ad policy.

Ryan Cox, a 29-year-old management consultant at ExactTarget, an Indianapolis-based interactive marketing software company, said he had already moved his photos to Flickr, Yahoo’s photo-sharing app, where he could have better control.

Mr. Cox said the uproar this week over whether Instagram owned its users’ photos was “a wake-up call.”

“It’s my fault,” he continued. “I’m smart enough to know what Instagram had and what they could do — especially the minute Facebook acquired them — but I was a victim of naïve optimism.”

“Naïve optimism” is as good a term as any for the emotion that people feel as they put their private lives onto social networks.

Companies like Google, Twitter, Yelp and Facebook offer themselves as free services for users to store and share their most intimate pictures, secrets, messages and memories. But to flourish over the long term, they need to seek new ways to market the personal data they accumulate. They must constantly push the envelope, hoping users either do not notice or do not care.

So they sell ads against the content of an e-mail, as Google does, or transform a user’s likes into commercial endorsements, as Facebook does, or sell photographs of your adorable 3-year-old, which is what Instagram was accused of planning this week.

“The reality is that companies have always had to make money,” said Miriam H. Wugmeister, chair of Morrison Foerster’s privacy and data security group.

Even as Instagram was pulling back on its changed terms of service on Thursday night, it made clear it was only regrouping. After all, Facebook, as a publicly held corporation, must answer to Wall Street’s quarterly expectations.

“We are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work,” Kevin Systrom, Instagram’s youthful co-founder, wrote on the company’s blog.

Instagram’s actions angered many users who were already incensed over the company’s decision earlier this month to cut off its integration with Twitter, a Facebook rival, making it harder for its users to share their Instagram photos on Twitter.

Users were apprehensive that the new terms of service meant that data on their favorite things would be shared with Facebook and its advertisers. Users also worried that their photos would become advertising.

Instagram is barely two years old but has 100 million users. Last spring, Facebook announced plans to buy it in a deal that was initially valued at $1 billion. The deal was closed in September for a somewhat smaller amount.

For some users, Mr. Systrom’s apology and declaration that “Instagram has no intention of selling your photos, and we never did” was sufficient.

National Geographic, which suspended its account in the middle of the uproar, held a conference call with members of Facebook’s legal and policy teams. Afterward, the magazine, which has 658,000 Instagram followers, said it would resurrect its account.

Also mollified was Noah Kalina, who took wedding photographs earlier this year for Mark Zuckerberg, the founder of Facebook. In a widely circulated post on Twitter, Mr. Kalina said the new terms of service were “a contract no professional or nonprofessional should ever sign.” His advice: “Walk away.”

On Friday, the photographer said he had walked back. “It’s nice to know they listened.”

Kim Kardashian, the most followed person on Instagram, said on Tuesday that she “really loved” the service — note the past tense — and that the new rules were not “fair.” She had yet to update her 17 million Twitter followers on Friday, but since she is pushing her True Reflection fragrance it is a safe bet that she has forgiven and forgotten.

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Boehner's 'fiscal cliff' plan fails

WASHINGTON — House Speaker John A. Boehner abruptly canceled a vote on his Plan B tax proposal late Thursday after failing to find enough GOP support, a stunning political defeat that effectively turned resolution of the year-end budget crisis over to President Obama and the Democrats.

The speaker had spent the last few weeks negotiating one-on-one with the president, establishing himself as the second-most powerful figure in Washington. But with his strategy imploding, Boehner conceded that he would play a lesser role.

"Now it is up to the president," he said, to work with a fellow Democrat, Senate Majority Leader Harry Reid of Nevada, "to avert the fiscal cliff."

The proposal the speaker had hoped to bring to a vote would have prevented a year-end tax increase for all but those earning more than $1 million a year.

But the Ohio Republican said in a statement, "It did not have sufficient support from our members to pass."

The unexpected turn of events caused an immediate reaction on Wall Street, where after-hours investors began to yank money out of U.S. stocks. Futures that track the Standard & Poor's 500 fell 1.5%, and the Dow Jones industrial average dropped 1.6%.

Now, Obama faces a crucial test of his leadership, with little time left to craft a deal.

Obama's most recent offer is likely to be the starting point. He made a substantial concession: raising taxes only on household income above $400,000, rather than the $250,000 threshold he campaigned on for reelection.

As he pursues votes in Congress, the president will need to face down Democrats, particularly the liberal wing that may feel emboldened to demand that a deal be tilted toward their views — perhaps with additional spending on infrastructure or unemployment benefits.

Any compromise will need substantial Democratic support. Although the president needs the speaker to allow legislation to come to a vote in the GOP-controlled House, Boehner emerges in a weakened position and has little leverage to demand further concessions. His Senate counterpart, Mitch McConnell (R-Ky.), will need to decide whether to become a final line of defense against Obama or step aside for a Democratic-led plan.

"The president's main priority is to ensure that taxes don't go up on 98% of Americans and 97% of small businesses in just a few short days," White House Press Secretary Jay Carney said after Boehner canceled the vote. "The president will work with Congress to get this done, and we are hopeful that we will be able to find a bipartisan solution quickly."

Without a compromise, most Americans will see their taxes automatically rise and spending cuts ripple across the economy in the new year. The White House and the speaker had been closing in on a broad deficit-reduction deal to steer around the coming "fiscal cliff," but Boehner suddenly changed course this week to gauge the sentiment of House Republicans.

The support expressed by top Republicans for new taxes has cracked the party's anti-tax orthodoxy and opened the door to a compromise that would have been unthinkable before the November election.

Mindful that his own job as speaker comes up for a vote in two weeks, Boehner must make a difficult choice: whether to allow a plan to come to the House floor without support from his majority, or play a key role in sending the nation over the fiscal cliff and raising taxes on most Americans.

As the speaker and his lieutenants trolled for votes earlier Thursday, buttonholing lawmakers in scenes like those in the movie "Lincoln," Carney dismissed Boehner's Plan B as a "multi-day exercise in futility."

"Instead of taking the opportunity that was presented to them to continue to negotiate what could be a very helpful large deal for the American people, the Republicans in the House have decided to run down an alley that has no exit," he said.

Late in the evening, as the time for voting neared, the House took an unscheduled recess — a sign that the tally had come up short. With Democrats almost unanimously against the bill, Boehner could afford to lose only two dozen Republican defectors.

The speaker and his top lieutenants then convened a late-night meeting of rank-and-file lawmakers and announced they were pulling the bill.

"We don't have the votes," the speaker said, according to a lawmaker in the room.

Conservatives split over Plan B, complicating Boehner's quest. He received a major assist when anti-tax stalwart Grover Norquist's Americans for Tax Reform declared that the bill was a vote for lower taxes and did not violate the pledge most Republicans had signed not to raise taxes. But other leading conservative groups opposed it, including FreedomWorks, which is extremely influential with tea party supporters.

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Hard to Handle

The 2013 Mustang Shelby GT500 is many things: imposing, populist, expensive. It’s also the last car Carroll Shelby had a hand in building. And true to the legacy of the legendary racer and auto designer who helped define the modern sports car, the GT500 is a Mustang with more power than any sane individual needs.

Its 5.8-liter supercharged V8 puts out a massive manufacturer-claimed 662 horsepower and 631 pound-feet of torque. But as a couple independent dyno tests have proven, the torque is probably understated. Minutes after firing the Shelby up, I pulled onto the highway and, with the traction control on, I opened the throttle with moderate aggression. The tires spun in first gear, then again in second and third — the third time, at near triple digits.

Lesson one: this thing has wacky power.

Lesson one: This thing has wacky power. Lesson two: Make sure the Goodyear Eagle F1s are nice and warm before getting happy with the accelerator. In four days of driving the GT500 on the street, from highway blasts to back-road bombing runs, the car proved itself to be reliably grin-inducing. But the big Shelby never lets you forget that it always has more power than traction, and driving it well is an exercise in throttle management. Line up at the stop light next to any “fast car” you care to name, and you’ll laugh at the ease with which you blow its doors off. But just as often, you’ll be embarrassed by the fact that you went up in a cloud of smoke, unable to hook up all that torque.

Even if it’s a little too much for you to control, you’ll still be able to admire its looks. “Tough” is the adjective onlookers most often use when describing it, and the combination of the “Deep Impact Blue” paint job, the white racing stripe and the black wheels on the GT500 I steered is both handsome and assertive. Large Cobra badges grace the front quarter-panels, front intake and rear fascia, reminding everyone that this is no mere Mustang GT. The hood’s power bulge, wheel arches, rear spoiler and bisected front intakes (there is no grille) shout strength.

The muscle contained in the engine bay is ungodly. The 5.8-liter V8 has a supercharger that alone has a capacity of 2.3 liters, which is more displacement than early ’80s four-cylinder Mustangs. Torque is everywhere, with 395 pound-feet available just off idle at 1,000 rpm. Between 2,200 and 5,800, 95 percent of the 631 pound-feet is available. It all gets channeled to the Eagle F1s via a six-speed Tremec T6060 manual and limited slip differential with a carbon fiber driveshaft in between. The SVT Performance Package that equipped our test car included staggered 19-inch front and 20-inch rear wheels of forged aluminum, Bilstein adjustable dampers, higher rate rear springs and a special instrument cluster and gear shift knob.

The instrument cluster includes a digital display between the speedometer and tach which not only shows the current calculated fuel efficiency (I saw about 14 mpg average) and gauge readings (including inlet and cylinder head temps), but a cool “track apps” summary with suspension and steering settings, launch control and traction control info. Supportive, comfortable Recaro bucket seats with shoulder-belt pass-throughs and racing stripe inserts keep the driver and passenger glued down.

Otherwise, the cockpit is straight-forward Mustang, including the Shaker audio system. Ford’s Sync Bluetooth is there, but no navigation or social media displays distract you.

If you’re a Mustang fan, you likely know the numbers by now, but repeating them for anyone who asks is half the fun of owning the 2013 GT500. It achieves 60 mph in approximately 3.5 seconds. The quarter-mile mark passes in 11.6 seconds at 125.7 mph, and the Shelby will do a legit 200 mph when pushed. Big 15-inch front discs and 12-inch rear discs with six-piston Brembo calipers stop the beast quickly too, halting it from 60 mph in about 102 feet.

That’s a lot of performance. That said, a driver of some ability can keep up on back roads in a car with half the horsepower. It’s not just that a public road prevents you from unleashing all the Shelby’s fury. Rather, as assiduously as Ford has worked to tame the GT500′s live-axle, Panhard-bar rear end, it still saps confidence by skittering over mid-corner bumps with the power on and exhibiting a tendency to axle hop under hard braking. Track testing has shown those brakes fade quickly, and you sense the fade on the street as well.

Thus, keeping the GT500 between the lines at speed requires concentration and quick hands. You do get electronic help. There’s adjustable effort steering on tap, as well as cockpit–adjustable suspension settings which sharpen the Shelby’s responses somewhat. On the other hand, it’s fun knowing that driving this Mustang must feel pretty much what driving a NASCAR Nationwide Series car is like. The exhaust soundtrack is appropriate, too — it sounds like a rolling kettle drum.

If you prefer the straighter lines of drag racing, the Shelby’s launch control, which allows you to set your launch rpm, is a truly useful electronic tool. Engage the control, put her in first, floor the throttle and let the clutch out. The Advance Trac stability system and traction control limit wheel-spin as you fly off the line. Don’t forget to upshift!

Advance Trac is useful in keeping you on the path while on the street, too — particularly on cold tires. The flip-side is that it works the brakes so hard you can quickly overheat them.

And that, as I mentioned, is key. Don’t get overheated with the Shelby or it might bite you. Respect the power and you’ll have a ball.

WIRED Tugboat-level power gives you acceleration wherever you want it. Surprisingly balanced chassis and steering with crisp turn-in work. Looks like a total bully. A 200 mph Mustang.

TIRED Give it a little too much throttle with cold tires and you’ll be going up in smoke like Cheech and Chong. Enough vertical suspension movement to classify as “head-toss.” A $63,000 Mustang.

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Martha Raddatz, Hot Off Debate Performance, Promoted at ABC News

NEW YORK (TheWrap.com) – Martha Raddatz, widely praised for her moderation of the vice presidential debate in October, has been given an expanded role as ABC News’ chief global affairs correspondent. Jonathan Karl, meanwhile, will become the network’s new chief White House correspondent, filling the void left by Jake Tapper‘s exit to CNN.

Raddatz will replace Tapper as the primary substitute for George Stephanopoulos on “This Week” and will contribute regularly to the Sunday morning show’s roundtable. Karl will also serve as a substitute and regularly appear on the roundtable.

Tapper departed ABC in part because he has long been interested in hosting “This Week” full-time, but Stephanopoulos has no plans to give up the hosting job, a person familiar with the situation told TheWrap.

ABC News President Ben Sherwood announced the new assignments for Raddatz and Karl on Thursday, soon after CNN announced Tapper’s hiring.

Karl has investigated wasteful federal spending, covered elections, and served as the network’s senior national security correspondent.

Raddatz has reported from the Pentagon, the State Department, the White House, and from conflict zones worldwide, including Afghanistan and Iraq.

But she has been perhaps most celebrated for keeping the vice presidential debate between Joe Biden and Paul Ryan on course after the moderator of the first presidential debate, Jim Lehrer, was accused of letting the candidates run amok.

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Boehner Tax Plan in House Is Pulled, Lacking Votes

Brendan Hoffman for The New York Times

Speaker John A. Boehner of Ohio leaving a meeting Thursday with fellow House Republicans on talks over the “fiscal cliff.”

WASHINGTON — Speaker John A. Boehner’s effort to pass fallback legislation to avert a fiscal crisis in less than two weeks collapsed Thursday night in an embarrassing defeat after conservative Republicans refused to support legislation that would allow taxes to rise on the most affluent households in the country.

House Republican leaders abruptly canceled a vote on the bill after they failed to rally enough votes for passage in an emergency meeting about 8 p.m. Within minutes, dejected Republicans filed out of the basement meeting room and declared there would be no votes to avert the “fiscal cliff” until after Christmas. With his “Plan B” all but dead, the speaker was left with the choice to find a new Republican way forward or to try to get a broad deficit reduction deal with President Obama that could win passage with Republican and Democratic votes.

What he could not do was blame Democrats for failing to take up legislation he could not even get through his own membership in the House.

“The House did not take up the tax measure today because it did not have sufficient support from our members to pass,” Mr. Boehner said in a statement that said responsibility for a solution now fell to the White House and Senator Harry Reid, Democrat of Nevada, the majority leader. “Now it is up to the president to work with Senator Reid on legislation to avert the fiscal cliff.”

The stunning turn of events in the House left the status of negotiations to head off a combination of automatic tax increases and significant federal spending cuts in disarray with little time before the start of the new year.

At the White House, the press secretary, Jay Carney, said the defeat should press Mr. Boehner back into talks with Mr. Obama.

“The president will work with Congress to get this done, and we are hopeful that we will be able to find a bipartisan solution quickly that protects the middle class and our economy,” he said.

The refusal of a band of House Republicans to allow income tax rates to rise on incomes over $1 million came after Mr. Obama scored a decisive re-election victory campaigning for higher taxes on incomes over $250,000. Since the November election, the president’s approval ratings have risen, and opinion polls have shown a strong majority not only favoring his tax position, but saying they will blame Republicans for a failure to reach a deficit deal.

With a series of votes on Thursday, the speaker, who faces election for his post in the new Congress next month, had hoped to assemble a Republican path away from the cliff. With a show of Republican unity, he also sought to strengthen his own hand in negotiations with Mr. Obama. The House did narrowly pass legislation to cancel automatic, across-the-board military cuts set to begin next month, and shift them to domestic programs.

But the main component of “Plan B,” a bill to extend expiring Bush-era tax cuts for everyone with incomes under $1 million, could not win enough Republican support to overcome united Democratic opposition. Democrats questioned Mr. Boehner’s ability to deliver any agreement.

“I think this demonstrates that Speaker Boehner has a real challenge,” said Representative Steny H. Hoyer of Maryland, the No. 2 House Democrat. “He hasn’t been able to cut any deal, make any agreement that’s balanced. Even if it’s his own compromise.”

Representative Rick Larsen of Washington accused Republicans of shirking their responsibility by leaving the capital. “The Republicans just picked up their toys and went home,” he said.

Futures contracts on indexes of United States stock listings and shares in Asia fell sharply after Mr. Boehner conceded that his bill lacked the votes to pass.

The point of the Boehner effort was to secure passage of a Republican plan, then demand that the president and the Senate to take up that measure and pass it, putting off the major fights until early next year when Republicans would conceivably have more leverage because of the need to increase the federal debt limit. It would also allow Republicans to claim it was Democrats who had caused taxes to rise after the first of the year had no agreement been reached.

That strategy lay in tatters after the Republican implosion.“Some people don’t know how to take yea for an answer,” said Representative Charlie Dent of Pennsylvania, a Republican who supported the measure and was open about his disappointment with his colleagues.

Opponents said they were not about to bend their uncompromising principles on taxes just because Mr. Boehner asked.

“The speaker should be meeting with us to get our views on things rather than just presenting his,” said Representative Justin Amash of Michigan, who recently lost a committee post for routinely crossing the leadership.

Jeremy W. Peters contributed reporting.

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Fearful 'end of world' calls, emails flood NASA as Dec. 21 nears

If there's one government agency really looking forward to Dec. 22, it's NASA.

The space agency said it has been flooded with calls and emails from people asking about the purported end of the world — which, as the doomsday myth goes, is apparently set to take place Friday, Dec. 21.

The myth might have originated with the Maya calendar, but in the age of the Internet and social media, it proliferated online, raising questions and concerns among hundreds of people around the world who have turned to NASA for answers.

Dwayne Brown, an agency spokesman, said NASA typically receives about 90 calls or emails per week containing questions from people. In recent weeks, he said, that number has skyrocketed — from 200 to 300 people are contacting NASA per day to ask about the end of the world.

"Who's the first agency you would call?" he said. "You're going to call NASA."

The questions range from myth (Will a rogue planet crash into Earth? Is the sun going to explode? Will there be three days of darkness?) to the macabre (Brown said some people have "embraced it so much" they want to hurt themselves). So, he said, NASA decided to do "everything in our power" to set the facts straight.

That effort included interviews with scientists posted online and a Web page that Brown said has drawn more than 4.6 million views.

It also involved a video titled "Why the World Didn't End Yesterday." Though the title of the video implies a Dec. 22 release date, Brown said NASA posted the four-minute clip last week to help spread its message.

The website addresses several scenarios — the possibility of planetary alignments, total blackouts, polar shifts and "a planet or brown dwarf called Nibiru or Planet X or Eris that is approaching the Earth and threatening our planet with widespread destruction" — but comes to the same conclusion.

In short, NASA says, "the world will not end in 2012."

"Our planet has been getting along just fine for more than 4 billion years, and credible scientists worldwide know of no threat associated with 2012," the website says.

The Griffith Observatory will also be trying to debunk doomsday predictions. It announced plans to stay open late Friday evening — until one minute past midnight — to "demonstrate that claims regarding the Maya calendar, planetary alignments, rogue planets, galactic beams, and other related phenomena have no basis in fact."

A few years ago, NASA suspected that it might have to create such a campaign when the idea of the world ending began "festering," Brown said. The apocalyptic action movie "2012," released in 2009, didn't help, he said.

"We kind of look ahead — we're a look-ahead agency — and we said, 'You know what? People are going to probably want to come to us' " for answers, Brown explained. "We're doing all that we can do to let the world know that as far as NASA and science goes, Dec. 21 will be another day."

As for Saturday, when the questions — not the world — end: "I wish it was tomorrow."

kate.mather@latimes.com

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This Is How You Craft 16,000 Candy Canes in a Day

It might not be Christmas every day at Kencraft Candy, but it smells like it. At the height of the season, the Utah sweets factory churns out 16,000 candy canes per day. Click through the image gallery above to see how they do it.

Cook

Sixty pounds of corn syrup, 70 pounds of sugar, and 1.5 gallons of water (above) are loaded into a vacuum cooker and simmered at 272 degrees for 20 minutes. Then cooks fold in flavors like peppermint, cranberry, or hot chocolate. They have to work fast because the mix stiffens as it cools.

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Why “Les Misérables” Looks Like a Holiday Box-Office Smash

LOS ANGELES (TheWrap.com) – Moviegoers are storming online ticketing sites in advance of the Christmas release of “Les Misérables,” and the big-screen adaptation of the Broadway musical has all the makings of a holiday smash.

With a cast that includes Anne Hathaway and Hugh Jackman, expectations are enormous, but based on advance tracking, so is the box-office potential.

The film, made for a reported $ 61 million, is poised to gross as much as $ 26 million over its opening weekend, according to BoxOffice.com.

The site predicts that the movie should pick up multiple Oscar nominations and that awards attention combined with a rabid fan base of musical theater lovers will have it beguiling moviegoers well into the new year.

Ultimately, it estimates that “Les Misérables” will rack up as much as $ 136 million at the domestic box office.

It’s well on its way. Early ticket sales at Fandango indicate that “Les Misérables” has the potential to be this holiday’s breakout smash, despite stiff competition from the likes of Tom Cruise’s “Jack Reacher” and Quentin Tarantino’s “Django Unchained,” both of which open over the next seven days.

Fandango also reports that the film has smashed records to become the company’s top advance-ticket seller among all Christmas Day releases, surpassing its previous record-holder, 2009′s “Sherlock Holmes”

It is also the largest advance-ticket seller among movie musicals in its history, supplanting 2006′s “Dreamgirls.” By mid-day Wednesday, “Les Misérables” was outpacing all other films, even current releases like “The Hobbit: An Unexpected Journey,” and was responsible for 40 percent of ticket sales at Fandango.

“There’s such a history and good will surrounding the stage musical and this is a film version people have been anticipating for such a long time, that it has turned into the movie event of the holiday season,” Dave Karger, Fandango’s chief correspondent, told TheWrap.

“We’re bullish on it,” added Phil Contrino, editor of BoxOffice.com. “Based on all the early reviews, this sounds like a crowd-pleaser. When a musical hits, it becomes a beast at the box office.”

He noted that “Mamma Mia!,” which arrived with less awards pedigree and was derived from a more dimly known stage show, grossed $ 609.8 million globally, because audiences loved the music.

Movietickets.com did not release any pre-sales information for holiday releases. However, recent surveys it performed of more than 4,000 customers indicate that there is a great deal of enthusiasm for the musical.

Of the major holiday releases, 52 percent of those polled said they were most excited to see “Les Misérables.” That was followed by 24 percent for “Django Unchained,” 16.5 percent for “Jack Reacher” and 7.5 percent for “The Guilt Trip.”

To be sure, not all of the “Les Misérables” reviews have been kind. In TheWrap, Alonso Duralde faulted the wobbly vocal talents of the leads and the director’s penchant for close-ups of his emoting stars.

“Director Tom Hooper (‘The King’s Speech’) piles one terrible decision upon another, with the result being a movie so overbearingly maudlin and distorted that it’s one of 2012′s most excruciating film experiences,” Duralde wrote.

Yet, audiences at screenings have been nearly rapturous in their response. Fandango’s Karger notes that at a recent screening for members of the Academy of Motion Picture Arts and Sciences that he attended, the crowd broke into applause at four different points during the film and gave Jackman and Hooper lusty ovations.

Given that “Les Misérables” tackles such topics as revolution, poverty and prostitution it seems like dark fare for the season, but Karger argues that the film provides enough uplift to appeal to moviegoers looking to get into the yuletide spirit.

“There are scenes of such intense suffering and despair in the movie, but at the end you are left with a profound feeling of love and that gives it a holiday feel,” Karger said. “It’s a slog through the mud to get there, but when the movie’s over you leave the theater with a wonderful sense of hope.”

If Karger is right then Universal, which is distributing “Les Misérables,” will be feeling very festive when Christmas rolls around next week.

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Jury awards $6.9 million to boy molested by L.A. Unified teacher

A jury has awarded $6.9 million to a 14-year-old boy who was molested by a Los Angeles Unified School District teacher when he was a fifth-grade student.

The judgment, among the largest ever awarded in a district molestation case, comes at a time when L.A. Unified faces close to 200 pending molestation and lewd conduct claims arising from another teacher's alleged conduct at Miramonte Elementary School.

Tuesday's jury award stems from acts committed by Forrest Stobbe, a veteran teacher at Queen Anne Place Elementary School in the Mid-Wilshire area. In September 2011, Stobbe pleaded no contest to two counts of a lewd act on a child and to continuous sexual abuse of a child younger than 14. He is currently serving a 16-year sentence in prison.

The case turned on how much responsibility the school system bore, and whether district employees should have recognized warning signs that Stobbe posed a threat to the boy. Attorneys for the school system insisted that district staff acted in a professional and appropriate manner and could not have known what Stobbe was doing.

Stobbe molested the boy beginning in October 2008, when the 10-year-old was his student, and continued to abuse him through the following July, when he was arrested.

Early in the school year, Stobbe befriended the boy, earning his trust, then began to molest him in his classroom in episodes that became more brazen and invasive. He also gave the boy numerous gifts.

Stobbe also ingratiated himself with the victim's family, buying the boy season passes to amusement parks, where he would take the boy, then molest him before dropping him off at home.

The family appreciated the teacher's interest so much that the boy's father asked his son if Stobbe should become his godfather. It was then that the boy told his father of the abuse, the father testified.

The evidence against Stobbe included a jar of petroleum jelly in his school desk that tested positive for the boy's DNA. The boy told police that Stobbe used the jelly as a lubricant for sex acts.

The plaintiffs argued that there were abundant warning signs that should have alerted Stobbe's supervisors.

More than two years before his arrest, Stobbe was observed alone with a girl in his car. He allegedly told the principal that he had parental permission to give the student a ride, but that was never verified. He also had private lunches with students in his classroom, which was against school rules.

In another incident, an angry student pushed Stobbe down a flight of stairs, injuring the teacher. The student later declined to talk to police, who consider him another possible victim.

In November 2008, a girl in Stobbe's class complained that the teacher was making her feel uncomfortable. Stobbe, she said, was stroking her hair, putting it into a ponytail and had once touched her buttocks.

Principal Mary Ann Hall testified that she called the police department, which advised her to handle the matter on her own — a claim the Los Angeles Police Department disputes. If police had been alerted to allegations of such contact, the department would have launched an investigation, said Det. Moses Castillo, who supervised the investigation after Stobbe's arrest.

Hall, who has since retired, testified that she properly notified her supervisors. Attorneys for the family asserted that Hall either failed to do so, or that her supervisors failed to act on the information.

In the end, the panel of six men and six women found that L.A. Unified was 30% responsible for total damages, which they calculated at $23 million. The other 70% of the liability was assigned to Forrest Stobbe, but attorneys said they had no plans to collect from the imprisoned former educator.

Responding to the verdict, a district spokesman emphasized the district's commitment to the safety of children.

"We take our duty to protect our students seriously and are continually looking for ways that we can strengthen our screening and reporting processes to ensure that no child is ever hurt in this way," general counsel David Holmquist said. "Although we can't change what happened in this case, we remain committed to doing everything in our power to promote healing and improve trust with those impacted."

Issues in the Stobbe case — alleged lack of oversight, missed warning signs — could come into play with the Miramonte cases.

There, parents questioned teacher Mark Berndt's propensity for taking pictures of students, an issue that administrators did not pursue. Photos later emerged of blindfolded students allegedly being spoon-fed Berndt's semen, among other alleged wrongdoings.

Berndt has pleaded not guilty to 23 counts of lewd conduct.

Damage claims — the precursor to a lawsuit — have been filed by 126 students and 63 parents. There are also six lawsuits on behalf of 37 students and one involving 11 parents.

"Some of the same issues in the Miramonte case are highlighted here," said attorney Don Beck of the San Diego firm Estey & Bomberger, which represented the family of the victim in the Stobbe case. "The same lack of monitoring teachers, the same lack of supervision that allowed these events to happen."

howard.blume@latimes.com

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