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Infinite Menus, Copyright 2006, OpenCube Inc. All Rights Reserved. Tuesday, March 03, 2015
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Boston Marathon Bombing Trial Jury to Be Selected Tuesday

FBI(BOSTON) -- A jury is expected to be seated Tuesday in the trial of the surviving Boston Marathon bombing suspect.

From a jury pool of nearly 1,400 people, the judge has found 70 that are qualified to sit on the jury.

Lawyers need to select 12 jurors and six alternates to hear the evidence against Dzhokhar Tsarnaev. Each side can use up to 23 strikes to dismiss potential jurors without giving a reason.

Once seated, prosecutors want the jury to see, among other things, panels of the boat where Tsarnaev was found and where he scrawled a message. Defense attorneys want the jury to see the whole boat.

Tsarnaev was captured inside the boat April 19, 2013, a day after he and his older brother, Tamerlan Tsarnaev, allegedly executed MIT Police Officer Sean Collier and then led police on a high-speed chase in Watertown, Massachusetts that ended when the brothers allegedly exchanged bullets with police and tossed bombs in the street.

Tamerlan was killed in the firefight and Dzhokhar went on the run for 16 hours.

Days earlier, the brothers allegedly detonated two bombs made of pressure cookers near the finish line of the Boston Marathon April 15, 2013.  The blasts killied three people, including an 8-year-old boy, and wounded 260 others. Many of the victims were maimed for life, including 16 people who lost limbs.

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Snow Expected Tuesday Across the Midwest and East Coast

iStock/Thinktsock(NEW YORK) -- A winter storm is expected to bring substantial snowfall to parts of the Upper Midwest Tuesday, with a burst of snow slated to cover the East Coast in the afternoon and evening.

Winter weather advisories are out for parts of Minnesota, Iowa, Michigan, North Dakota, South Dakota and Wisconsin ahead of the March storm. In Chicago, the snow is expected to change to sleet then rain during the morning hours.

The winter-weary Northeast is bracing for more snow Tuesday. More than 100 inches of snow has fallen in Boston this season, the city less than 4 inches from surpassing the record set in the mid 1990's.

Boston could fall short of the record with Tuesday’s snowfall, but break the record with additional snowfall Wednesday night into Thursday morning.

While 1-3 inches is possible along the I-95 corridor Tuesday, some areas such as Philadelphia and New York City could receive 6-8 inches with Wednesday night’s snowfall.


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Black Hat Bandits Strike Again, Leave a Possible Clue

FBI(FALLS CHURCH, Va.) -- A gang of bank robbers dubbed the "Black Hat Bandits" struck again Monday, hitting a bank in Virginia, the eighth time this year, the FBI said.

But this time, the group may have left behind a key clue: possible footprints.

The two bank robbers -- known for donning black hats, winter coats, sunglasses, and some kind of facial disguise -- robbed a Wells Fargo Bank in Falls Church, Virginia, authorities said. Witnesses say they ordered everyone to the floor at gunpoint, shoving those who weren’t moving quickly enough.

A bystander called police from outside the bank, but by the time police arrived the pair had escaped, reportedly speeding off in a getaway car driven by a third suspect.

According to the FBI, the “Black Hat Bandits” have robbed eight banks since January, all in Maryland or Virginia.

In at least one case, they put a gun to a customer’s head.

In Monday’s robbery, authorities were able to preserve possible footprints in the snow using cardboard boxes, later casting a mold. Authorities are hopeful that the footprints will help them solve the case. The FBI is also offering a $30,000 reward for information leading to the arrest and conviction of the bank robbers.


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Judge Rules Nebraska Same-Sex Marriage Ban Unconstitutional

Kuzma/iStock/Thinkstock(OMAHA, Neb.) -- A federal judge struck down Nebraska's state ban on same-sex marriage on Monday.

According to the Omaha World-Herald, Judge Joseph Bataillon delayed the implementation of his ruling for a week, giving State Attorney General Doug Peterson the opportunity to file an appeal. Peterson did so within hours of the judge's ruling.

The decision now goes to the 8th Circuit Court of Appeals.

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LAPD Shooting: New Video Shows Man Enter His Tent Before His Death

Obtained by ABC News(LOS ANGELES) -- Surveillance footage from a homeless shelter shows a new angle of an altercation between Los Angeles police officers and a transient man that turned fatal, where the man is seen entering his sidewalk tent as officers arrived on the scene.

The footage of the Sunday-afternoon incident shows the man going into his tent, and then officers trying to stop him and pulling their guns. The LAPD said the man was a suspect in a robbery.

The man, whose name has not been released, appears to talk with the officers before going into his tent. There is no sound with the homeless shelter footage.

In a press conference Monday afternoon, LAPD Chief Charlie Beck said that officers, who were called to the scene because of reports of a robbery, became concerned when the man entered his tent because they could not tell what he was trying to get.

"The individual may be arming himself and they opened the tent and that was when the altercation ensues," Beck said.

The first footage that was released publicly of the interaction, which included the use of a stun gun against the man who was then shot several times, was taken by an onlooker on the ground. This latest surveillance footage from the Union Rescue Mission was shot from a further distance but at a higher angle.

Two investigations have been launched into the shooting.


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Cleveland Mayor Apologizes for 'Insensitive' and 'Inappropriate' Language in Court Filing on Tamir Rice Shooting

iStock/Thinkstock(CLEVELAND) -- Cleveland Mayor Frank Jackson apologized on Monday for "insensitive" and "inappropriate" language used in the city's response to a federal lawsuit in the fatal shooting of Tarmir Rice at the hands of Cleveland police officers.

Jackson said he was "apologizing" to Rice's family and to the citizens of Cleveland on behalf of the city. The city's filing stated that Rice's injuries and death "were directly and proximately caused by" his own failure "to exercise due care to avoid injury." Rice was playing with a toy gun at the time of the shooting, a point that made it seem as though the city was blaming Rice for his own death.

Officers responding to a phone call of a person walking around with a gun shot Rice seconds after stepping out of their patrol car. The initial caller had noted that he was not certain the gun in the individual's hand was real, though a dispatcher did not pass that information along to the officers.

Jackson said Monday that the city would amend its filing and resubmit it within seven days.


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LAPD Shooting: Skid Row Suspect Grabbed for Gun, Chief Says

Marcus Yam/ LA Times via Getty Images(LOS ANGELES) -- The man fatally shot by Los Angeles police officers "repeatedly refused to comply with officers demands," and evidence shows he grabbed at a police officer's pistol before he was shot, Los Angeles Police Chief Charlie Beck told reporters on Monday.

Beck showed photos of the officer's weapon that showed alterations he said were consistent with a struggle over the weapon.

"As you can see, the slide is partially engaged and a round has been partially ejected and fouled the firing chamber," Beck said. "This is indicative of a struggle over the weapon. As you can also see, the magazine is dislodged from its resting place. This is also indicative of force used on the weapon. There's also a screen grab from a privately taken video. If you examine that, it appears that the suspect's hand is reaching for the officer's waistband in the area where his pistol would be located."

The officers involved in the shooting were not identified, but Beck said two were treated for injuries and one is now using crutches.

He added that officers first used a stun gun against the man and then shot him after responding to a robbery call.

"It appears to me the officers acted compassionately up until the time when force was required," Beck said.

Beck said the investigation will take video footage of the event into account, including video from two body cameras that were worn by the officers involved in the incident.

At least two of the officers had been through the most extensive mental illness training offered by the department and had experience working with the largely homeless population of the area, known as Skid Row.

"The Skid Row population is very transient, obviously, and this individual had only been there a short amount of time...so I don't know about his familiarity to the officers," Beck said.

The investigation into Sunday's fatal shooting may take up to five months, a LAPD source familiar with the incident told ABC News.

“These are some of the most exhaustive investigations we do,” Beck told reporters.

Whether or not the man tried grabbing one of the officers’ weapons is going to be at the heart of the investigation.

"When you see an individual moving that way with their arms flailing around, that’s a concern," said former LAPD officer Steve Gomez, who now works as a consultant for ABC News.

"If he happened to get his hand on one of the officers’ guns, that would trigger that kind of reaction from one of the officers," Gomez said.

The LAPD's specialized Force Investigative Division has already been dispatched to the scene of the Skid Row shooting to collect evidence and interview witnesses, the LAPD wrote in a statement on its blog, but another key portion of the investigation will be based on photos and videos of the altercation.

The first video posted to Facebook hours after the shooting has already received more than 5.2 million views, but that is not the only footage that will be carefully examined.

The source told ABC News that at least one of the officers involved in the altercation was wearing a body camera.

The LAPD's Office of the Inspector General will be coordinating with the FID team, which will then present its report to the LAPD Use of Force Board.

A separate investigation will also be conducted by the Los Angeles County District Attorney’s Justice System Integrity Division.


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What We Know About the Man Shot by LAPD Officers

Obtained by ABC News(LOS ANGELES) -- Details are emerging about the man who was fatally shot by police officers in an incident caught on camera.

Authorities have not released the man's name, but the Los Angeles County Coroner told ABC News affiliate KABC-TV that he was a black man in his 30s.

Witnesses told KABC that the man was called "Africa."

"What did he do? He wasn't an aggravated person," said Steven Tugmon, a person on Skid Row who spoke to KABC. "He wasn't mad all the time. He just had mental problems."

The coroner reported that "Africa" was a "possible transient."

The shooting took place on the city's Skid Row, a stretch of Central Los Angeles where many of the city's homeless congregate.

The man's official autopsy is pending and a police investigation into the shooting is underway.

The video of the shooting was shared on Facebook and has already received close to 5.2 million views.

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Boston Marathon Bombing Trial: Lawyers Argue over TsarnaevÂ’s Blood-Stained Hiding Place

Obtained by ABC News(BOSTON) -- Defense attorneys for accused marathon bomber Dzhokhar Tsarnaev want jurors to see the blood-splattered, bullet-riddled boat where the then teenager wrote a note as he hid, wounded and bleeding, hours before being captured by police.

"The evidence here is the boat. It’s movable and it’s very powerful. The jury should be able to see it. It’s really quite striking," argued Tsaraev’s defense attorney William Fick in court Monday. "The jury should be allowed to see that in its entirety."

Among the scrawlings Tsarnaev's attorneys now acknowledged he wrote on the boat is “We Muslims are one body. You kill one of us, you hurt us all.”

"The government is killing our innocent civilians but most of you already know that,” another portion of the blood-streaked message says. Parts of the note can be seen in an image from the boat obtained by ABC News.

Prosecutors objected to the defense’s argument, telling the court that the boat itself is “very large” and full of “dried blood, broken glass, all kinds of debris.”

"What the defense really wants the jury to see is the boat riddled with bullets," argued assistant US Attorney William Weinreb.

Defense attorneys want jurors to have access to the entire Slip Away II, which was dry-docked in the Watertown backyard of its owner and covered with a tarp.

Prosecutors said photos of the bloody note should be sufficient, but they may be willing to extract panels of the boat, rather than let jurors access the entire boat.

Tsarnaev was captured on the boat on April 19, 2013, a day after he and his older brother, Tamerlan Tsarnaev, allegedly executed MIT Police Officer Sean Collier and then led police on a high speed chase in Watertown that ended with when the brothers allegedly exchanged bullets with police and tossed bombs in the street. Tamerlan was killed in the firefight and Dzhokhar went on the run for 16 hours.

Days earlier, prosecutors said, the brothers detonated two pressure cooker bombs near the finish line of the Boston Marathon on April 15, 2013, killing three people -- including an 8-year-old boy -- and wounding 260 others. Many of the victims were maimed for life, including 16 people who lost limbs.

Both sides also sparred over autopsy photos of the victims. Defense attorneys said that the pictures would traumatize victims' families all over again. “They are horrific. They are disturbing,’’ defense attorney Miriam Conrad told the court.

Prosecutors told the court the pictures of the dead were an essential part of the government's case and "chosen carefully."

O'Toole did not rule on any of the motions Monday. Opening statements in Tsarnaev’s murder trial are expected Wednesday morning.

Tsarnaev was in court for Monday’s hearing, wearing dress shoes, a black blazer and sporting a recent haircut with a neatly trimmed beard on his chin.

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New York Woman Found Guilty of Poisoning Son with Salt Water

garnettsjourney.blogspot.com(NEW YORK) -- A New York jury convicted a mother of second-degree murder Monday in the salt-poisoning death of a 5-year-old boy that prosecutors likened to “torture.”

Jurors in Westchester County deliberated for over three days before finding Lacey Spears guilty. She will be sentenced on April 8.

Garnett Spears was taken to the hospital in January 2014 for an unexplained, and extremely dangerous level of sodium in his system. He died several days later.

Five months after the boy’s death, Lacey Spears surrendered to police. She pleaded not guilty at the time.

The defense blamed the hospital for the boy’s death, but prosecutors said there was no explanation other than the mother’s deliberate introduction of salt into his feeding tube.

During a 14-day trial, prosecutors said Spears did it for attention. She had posted frequently to Facebook about her son’s health problems.

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Gold Rush: Armed Robbers Steal $4M in Gold from Truck

iStock/Thinkstock(WILSON, N.C.) -- Three armed suspects are on the run after allegedly robbing a tractor trailer on Sunday that was transporting a shipment of millions of dollars worth of gold and silver, police said.

Two armed security security guards told police they were traveling from Miami to Massachusetts along I-95 and pulled over in eastern North Carolina after experiencing mechanical problems, according to the Wilson County Sheriff's Office.

The pair was approached by three armed men driving a white van who ordered the men onto the ground, tied their hands behind their backs and made them walk into the woods, police said.

During that time, the suspects allegedly took gold and silver estimated to be worth more than $4,000,000, police said.

The security guards worked for TransValue Inc., a Miami-based shipping security company that ships goods for companies and banks working within the precious metals industry. The company's CEO, Jesus Rodriguez, confirmed the robbery to ABC News and said that an internal investigation is underway.

The FBI has been contacted and the investigation is ongoing.

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Report: Justice Department Report to Criticize Ferguson PD Practices

Scott Olson/Getty Images(WASHINGTON) -- The Justice Department is getting close to releasing the report on its investigation of the Ferguson, Missouri police department. It's expected to be critical of the department's practices leading up to last year's shooting of unarmed teen Michael Brown.

The emotion that boiled over last summer had been simmering for a long time in Ferguson. For years, the report says according to The New York Times, the police created racial animosity within the city by pulling over and arresting African Americans disproportionately and relying on the fines to balance the city budget.

While officer Darren Wilson is expected to be cleared of civil rights charges in the shooting death of unarmed teen Michael Brown, this report could lead to a lawsuit against or settlement with the city.

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More Snow and Ice Impact Weekend Plans; New Storm On the Way

Photodisc/Thinkstock(NEW YORK) -- Another blast of snow and ice impacted weekend plans from the Midwest to the Northeast on Sunday.

A half foot of snow was reported from central Missouri to the central Ohio Valley through Sunday morning. Up to 9 inches of snow fell in central Illinois and snowfall accumulations hit 8 inches in northern Indiana.

The southern side of this latest winter storm brought freezing rain to the mid-Atlantic region Sunday morning. The freezing rain eventually moved farther north, reaching central Pennsylvania to New Jersey by Sunday afternoon.

More than a quarter inch of ice accumulated in parts of Maryland, with a glaze to two-10ths of an inch of ice reported throughout much of the mid-Atlantic, icing over roads and causing numerous accidents throughout the day.

On Sunday evening, the heaviest of the precipitation was focused over the Northeast with snow falling from New York City north to Boston, and freezing rain falling for areas south of Interstate 80.

The highest snowfall totals in the Northeast stretch from northwestern Pennsylvania and along the New York state line into southern New England. More than 6 inches of snow was expected in this region, with isolated totals up to 8 inches possible.

The heaviest of the snow fell just south of Boston, however several inches of snow were expected there as well. With 5.6 inches of snow, this winter would tie the record for the city's all-time snowiest season, and it looks like they will come up just short of that with this event.

The snow and freezing rain ended early Monday morning, right before the busy morning commute. However, some slick spots on area roadways are still possible.

Another winter storm will be taking aim on millions of Americans beginning Monday night and hitting many of the same locations that received snow over the weekend.

However, the next storm will track north and bring more rain than snow to many cities. Some heavy rain is possible as well prompting flooding concerns from the Tennessee Valley to New England given the current widespread snow cover throughout the country.


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WATCH: Store Clerk Fights Off, Shoots Robber in Kentucky

WTVQ(LEXINGTON, Ky.) -- A clerk at a Lexington, Kentucky, tobacco store fended off an attempted robbery -- a tense altercation that was captured on the store’s surveillance camera.

Zara Adil, 21, was working Friday at Tobacco Zone when two men entered the store wearing masks. One of the men can be seen approaching the register and demanding cash, brandishing a handgun. Adil obliged, opening the register and then stepping away.

That’s when the would-be robber made his mistake -- setting down his gun to gather the money.

“So I picked up the gun and pointed it at the second guy, and said, ‘You run or I will shoot you,’” she told ABC News affiliate WTVQ in an interview.

Despite the warning, the man approached.

Adil fired the gun, and the man was shot in the shoulder. A fight ensued -- and the man eventually ran away, without the money.

Adil suffered a few minor injuries, but considered her actions justified in defending the store that her parents own and operate.

"If more people stand up, they won't have that much courage to go around and do what they're doing," she told WTVQ.

Lexington Police later issued a warrant for Darnell Thomas, Jr., 30, in connection with the armed robbery attempt.

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Fatal Los Angeles Police Shooting Caught on Video

Obtained by ABC News(LOS ANGELES) -- A Los Angeles police officer shot and killed a man during a confrontation in the city's Skid Row area Sunday, in an incident that was caught on video.

Police said officers were responding to a report of a robbery, and when they confronted the suspect, there was an altercation.

"The preliminary investigation revealed that during that altercation, at least one less than lethal device, a Taser, was deployed. However, at this time, we still do not know if that Taser did strike the suspect," LAPD Sgt. Barry Montgomery said.

"After that, the struggle continued and an officer-involved shooting occurred," he said.

LAPD Commander Andrew Smith said the man reached for an officer's weapon while resisting arrest.

"Anytime we have an officer-involved shooting and there's a loss of life, people are upset and justifiably so. Nobody out there, no police officer out there, wants to be involved in a situation like this where you have to take someone else's life," Smith said.

Witnesses such as Larry Jackson said the man was already subdued when officers shot him.

"Next thing I knew, I heard one shot and I looked over across the street and I see three more shots being fired at the guy who was laying down on the ground. Instead of handcuffing the guy, they straight out shot him," Jackson said.

A video that was posted to Facebook records the struggle, and then the moment when an officer shot the man.

Police have not released the name of the suspect. The LAPD's specialized Force Investigative Division and Los Angeles County District Attorney's Justice System Integrity Division are reviewing the shooting.


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