10/09/2012

Cops: Boy kills grandparents who called mom 'whore'

By NBC News staff and wire services

A 13-year-old Pennsylvania boy charged with fatally shooting his grandparents in their home was upset because they called his mother a "whore" and were "speaking poorly about her," according to state police and court documents.

Zachary James Proper, of Oil City, was arraigned Tuesday morning as an adult before District Judge Michael Snyder in Franklin, Pa., on two counts of criminal homicide. He was remanded to Venango County Jail without bond, Pennsylvania State Police said.


Troopers found the bodies of Dorothy Fross, 67, and George Fross, 69, on Monday night in their home in Sandycreek Township in Venango County. They went there after the Frosses' son – the boy's father – called police to ask them to check on the couple's welfare.

Proper's parents were concerned that their son had gotten drunk and high on Sunday night and had stolen a car belonging to his grandparents, police said in a criminal complaint, The Associated Press reported.

Proper lived about 10 miles away in Oil City with his parents but often spent time at his grandparents' home, investigators said.

Police believe the Frosses were shot in their home late Sunday afternoon.

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According to the police affidavit, the boy admitted to the killings, the Pittsburgh Post-Gazette reported. The affidavit outlined this sequence of events, according to the Post-Gazette and the AP:

Proper used bolt cutters to break into a gun safe at his grandparents' home and took a handgun. He put on headphones, sneaked up behind his grandmother and fatally shot her. He then called his grandfather and told him that he would meet him at the front door to help him carry in groceries. When the grandfather came home, Zachary took a pizza from his hands and then shot him repeatedly until the gun jammed.

Asked to explain the shootings, the boy told police "that he was mad at his grandparents because they had called his mother a whore and were speaking poorly about her." Police did not elaborate on the remarks.

The boy told police he then drove his grandparents' car to Oil City, dumped the gun in a storm drain and spent the night partying at a cousin's house, the Gazette and the AP reported, citing the affidavit.

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Mom who glued tot's hands to wall could get life

View more videos at: http://nbcdfw.com.

By NBC News staff and NBCDFW.com

The Dallas mother who confessed to gluing her toddler to the wall then beating her as potty training punishment was in court Tuesday for a second day of testimony in her sentencing hearing.

Prosecutors were seeking 45 years in prison for 23-year-old Elizabeth Escalona but she could spend the rest of her life in prison on the felony injury to a child conviction, the Dallas Morning News reported.

The grandmother of the girl, Ofelia Escalona, was expected to testify Tuesday against her daughter.


Doctors say the torture that the 2-year-old endured at the hands of her mom put her in a coma for several days. The doctor who saved the toddler's life testified on Monday why her mom should spend the rest of her life behind bars.

"The entire picture was very shocking. I see a lot of children. This was one of the worst, shocking cases that I've seen," said Dr. Amy Barton, a former pediatrician at Children's Medical Center.

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Barton fought back tears while testifying. It's been more than a year since she first saw 2-year-old Joselyn Cedillo in intensive care. She says the toddler was brought into the emergency room on September 7, 2011 with extensive bruising. The little girl was clinging to life.

"The child was brought in by a private vehicle with extensive trauma. It looked like the child had been abused and wasn't sure the child was going to make it. She had bruising on her belly," said Barton.

Barton also showed pictures of the little girl's injuries during the sentencing hearing.

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Dallas County Sheriff's Department / AP

Elizabeth Escalona, who is being sentenced after admitting that she beat her 2-year-old daughter and glued her hands to a wall.

Police say Escalona was so mad that her daughter soiled her pants that, as punishment, she super glued the girl's hands to the wall then beat her in front of her other siblings.

Escalona's kids told investigators their mother kicked the girl in the stomach and repeatedly hit her.

The girl did recover after the beating in September 2011, and the state took custody of her and Escalona's other kids.

Escalona did plead guilty to first-degree injury to a child over the potty training punishment. The judge could sentence Escalona to from five years to life in prison.

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County considers 'violence tax' on guns and ammo

By Lauren Petty, NBCChicago.com

A proposed new tax in Cook County, Ill., home of violence-plagued Chicago, takes aim at guns, and gun rights activists aren't happy about it.

County President Toni Preckwinkle wants to introduce a "violence tax" on guns and ammunition to help plug a $115 million budget gap in 2013. Under the tax, guns and ammunition would cost more, according to the Chicago Sun-Times, but Preckwinkle isn't saying how much more just yet.

The aim of the proposal is to curb the number of guns in circulation, Preckwinkle's chief of staff, Kurt Summers, told the newspaper. Summers cited a report from last summer showing that nearly one-third of the guns recovered on the Chicago's streets were purchased in suburban gun shops. 

The idea follows a violent Chicago summer, when some weekends saw multiple people killed and dozens injured in shootings. The city's murder rate is up 25 percent and the Cook County Jail is near capacity, with 9,000-plus inmates.


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"If it's going to deal with crime, I'm all for it," said Vincent Fracassi, who says he is not a gun owner.

But some residents questioned how much this would raise for the county and whether the tax would really cut down on crime.

"If we can tax cigarettes, it seems we can tax bullets and guns," said Chicago resident Cathryn Taylor. "But at the same time, I get the point that if people are buying the stuff illegally, then the tax doesn't matter because they aren't going through legal channels anyway."

Brandi Swafford said she doesn't think it will be effective. "You can get this from anywhere. You can go outside the city. There's always a way to get something illegally."

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No such tax exists in Illinois, experts say, but two bills that would create an explicit tax on ammunition are in consideration in the Illinois Legislature.

Elsewhere in the country, Tennessee has an ammunition tax, the Chicago Sun-Times reported. And right now, guns and ammunition sold across the country are subject to a federal excise tax that funds conservation projects. In Illinois, the local sales tax rate is applied to such purchases. 

Preckwinkle's budget proposal is set to be unveiled Oct. 18, and an ammunition tax isn't the only potential money maker on the table. The board president reportedly wants to lease the top two floors of the County Building in Chicago's Loop for what she estimates could net at least $1 million a year for 10 years.

NBC News staff contributed to this report. 

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1 in 5 Americans is religiously unaffiliated, survey shows

By Becky Bratu, NBC News

One in five Americans -- and one in three of adults under 30 -- is religiously unaffiliated, the highest percentage ever, according to a Pew Research Center study released Tuesday.

Over the past five years, the study found, the number of religiously unaffiliated adults has increased from slightly over 15 percent to just under 20 percent, a figure that includes more than 13 million self-described atheists and agnostics, as well as almost 33 million adults who do not identify themselves with a particular religion.

Survey takers were able to choose from a list that included more than a dozen possible affiliations, including "Catholic," "Protestant," "Orthodox," "don't know" and "nothing in particular."


But, according to the nationwide survey, many of the 46 million unaffiliated adults or so-called "nones" are spiritual or religious in some way:

  • 68 percent say they believe in God.
  • 58 percent say they feel a connection with nature and the Earth.
  • 37 percent say they think of themselves as "spiritual" but not "religious."
  • 21 percent say they pray daily.

Most "nones" said religious institutions can benefit communities through their social outreach, but an overwhelming majority thinks religious organizations are too focused on rules, money and power and too involved in politics.

Pew says the rise of the religiously unaffiliated is mainly due to a generational shift, with 32 percent of adults under 30 saying they're religiously unaffiliated, compared with only 9 percent of those aged 65 and older.

Politically, the "nones" skew heavily toward the Democratic Party, making up 24 percent of the Democratic and Democratic-leaning registered voters, the largest religious constituency. Black Protestants at 16 percent, white mainline Protestants at 14 percent and white Catholics at 13 percent are some of the other large religious groups skewing Democratic.

With social issues such as same-sex marriage taking center stage this election season, 73 percent of "nones" say they support gay marriage and 72 percent support legal abortion.

According to Pew, a counterpoint to the rise of the religiously unaffiliated has been a dip in the share of the population that identifies as Protestant. That figure now stands at 48 percent, down from 53 percent in 2007. It is the first time the number of Protestants has fallen significantly below 50 percent, according to Pew. This is a continuation of a long-term trend, as the Protestant population has been declining since the early 1990s.   

The number of Catholics, which now stands at 22 percent, has been steady for a few years, the study shows, owing in part to immigration from Latin America.

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1 in 5 Americans are religiously unaffiliated, survey shows

By Becky Bratu, NBC News

One in five Americans -- and one in three of adults under 30 -- are religiously unaffiliated, the highest percentage ever, according to a Pew Research Center study released Tuesday.

Over the past five years, the study found, the number of religiously unaffiliated adults has increased from slightly over 15 percent to just under 20 percent, a figure that includes more than 13 million self-described atheists and agnostics, as well as almost 33 million adults who do not identify themselves with a particular religion.

Survey takers were able to choose from a list that included more than a dozen possible affiliations, including "Catholic," "Protestant," "Orthodox," "don't know" and "nothing in particular."


But, according to the nationwide survey, many of the 46 million unaffiliated adults or so-called "nones" are spiritual or religious in some way:

  • 68 percent say they believe in God.
  • 58 percent say they feel a connection with nature and the Earth.
  • 37 percent say they think of themselves as "spiritual" but not "religious."
  • 21 percent say they pray daily.

Most "nones" said religious institutions can benefit communities through their social outreach, but an overwhelming majority thinks religious organizations are too focused on rules, money and power and too involved in politics.

Pew says the rise of the religiously unaffiliated is mainly due to a generational shift, with 32 percent of adults under 30 saying they're religiously unaffiliated, compared with only 9 percent of those aged 65 and older.

Politically, the "nones" skew heavily toward the Democratic Party, making up 24 percent of the Democratic and Democratic-leaning registered voters, the largest religious constituency. Black Protestants at 16 percent, white mainline Protestants at 14 percent and white Catholics at 13 percent are some of the other large religious groups skewing Democratic.

With social issues such as same-sex marriage taking center stage this election season, 73 percent of "nones" say they support gay marriage and 72 percent support legal abortion.

According to Pew, a counterpoint to the rise of the religiously unaffiliated has been a dip in the share of the population that identifies as Protestant. That figure now stands at 48 percent, down from 53 percent in 2007. It is the first time the number of Protestants has fallen significantly below 50 percent, according to Pew. This is a continuation of a long-term trend, as the Protestant population has been declining since the early 1990s.   

The number of Catholics, which now stands at 22 percent, has been steady for a few years, the study shows, owing in part to immigration from Latin America.

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Girl who spoke out against Taliban shot

A female teacher gives a lesson at a girls school in the main town of Swat Valley, Pakistan, in August 2009.
A female teacher gives a lesson at a girls school in the main town of Swat Valley, Pakistan, in August 2009.
  • NEW: Pakistani Taliban claim responsibility for the attack, saying the girl was the target
  • NEW: She is in stable condition at a hospital in Peshawar
  • Yousufzai used to hide her books under her bed, fearing a Taliban search
  • She lives in the Swat Valley, one of the country's most conservative areas

Islamabad, Pakistan (CNN) -- A 14-year-old girl who was awarded Pakistan's first National Peace Prize for her online diary reporting on the Taliban's ban on education was shot and wounded on her way home from school Tuesday.

Malala Yousufzai, a frequent target of death threats, was wounded when gunmen opened fire on her school van in Swat Valley, police said.

The Pakistani Taliban claimed responsibility for the attack, Taliban spokesman Ihsnaullah Ishan told CNN, saying the shooting was a consequence of Malala's activism.

"She wanted to make our women leave their homes for secular education, something the Taliban will never permit," Ishan said.

Mohammad Iqbal, a doctor at the Swat hospital where the girl was first treated, said that while Malala is "out of immediate danger," one of the bullets that struck her is lodged in her neck and will be difficult to remove. She was airlifted at the request of Prime Minister Raja Pervez Ashraf to a larger hospital in Peshawar.

Malala's father, Zia Ud Din Yousufzai, said his daughter is in stable condition. The Taliban warned, however, that "if she survives this time, she won't next time."

Two other girls wounded in the gunfire suffered injuries that were not life-threatening.

The van was stopped by armed militants who asked those inside to point out Malala, said Kainat Bibi, who was one of those wounded. When the girls pointed her out, the men opened fire, Bibi said. The van's driver sped away to prevent more bloodshed, she said.

President Asif Ali Zardari strongly condemned the attack, which prompted outrage among residents on local media sites.

Malala, a resident of Swat Valley in northwest Pakistan -- one of the most conservative regions of the country -- wrote about her frustration with the Taliban's restrictions on female education in her town.

Using the Internet, she reached out to the outside world, taking a stand by writing about her daily battle with extremist militants who used fear and intimidation to force girls to stay at home.

"I had a terrible dream yesterday with military helicopters and the Taliban," she wrote in January 2009. "I have had such dreams since the launch of the military operation in Swat. My mother made me breakfast and I went off to school. I was afraid going to school because the Taliban had issued an edict banning all girls from attending schools."

Read Malala's online diary here

Last year, she expressed to CNN that she feared "being beheaded by the Taliban because of my passion for education. During their rule, the Taliban used to march into our houses to check whether we were studying or watching television."

Malala said she used to hide her books under her bed, fearing a house search by the Taliban.

Former Prime Minister Yusuf Raza Gilani announced the award in November, which also comes with a 500,000 rupee ($5,780) prize. He directed Pakistan's Cabinet to award the national prize every year to a child younger than 18 who contributes to peace and education in the country.

Swat remained under Taliban control for years until 2009, when the military cleared it in an operation that also sparked the evacuation of thousands of families.

Read more: Taliban's vaccination ban may affect 280,000 children

Journalist Nasir Habib contributed to this report.

Meningitis outbreak: Your questions

This map from the CDC shows the states with healthcare facilities that received the possibly contaminated steroid.
This map from the CDC shows the states with healthcare facilities that received the possibly contaminated steroid.
  • CDC: Eight people have died; 105 infected from outbreak of fungal meningitis
  • Outbreak is linked to injectable steroid that pain patients were receiving
  • Even if symptoms are mild, possibly infected people should call doctor immediately

(CNN) -- Eight people in four states have died so far from an outbreak of a rare non-contagious fungal meningitis, an inflammation of membranes surrounding the brain and spinal cord.

The discovery of the outbreak, linked to an injectable steroid the patients were getting to treat pain, was first reported late last week by Centers for Disease Control and Prevention in Atlanta.

On Monday the CDC said 105 people across a total of nine states had been infected, and warned that the number will likely rise. Fungal meningitis is very rare and, unlike viral and bacterial meningitis, is not contagious.

How has this happened and does it touch your life?

See a CDC map of the outbreak | What is meningitis?

Who is affected?

The patients were injected in their spine with a preservative-free steroid called methylprednisolone acetate. Some time after their treatment, the patients began reporting that they were feeling the hallmark symptoms of meningitis -- headache, fever, stiff neck and a sensitivity to bright lights.

The potentially contaminated injections were given starting May 21, 2012, with Tennessee so far reporting the most number of overall cases -- 35 cases, including 4 deaths. Other states reporting deaths are Maryland (1), Michigan (2) and Virginia (1). Updated case counts can be followed on this link to the CDC's site.

In addition to the four states where deaths have occurred, other states with confirmed cases are Florida, Indiana, Minnesota, North Carolina and Ohio.

The CDC says as many as 13,000 people may have received medicine from the potentially contaminated injections.

What should you do if you think you were infected?

According to the CDC, 75 facilities in 23 states received products from the company that produced the steriod. Health officials say any patients who received an injection at one of the facilities beginning July 1 and who began showing symptoms between one and three weeks after being injected should see their doctor right away.

The Food and Drug Administration is urging anyone who has experienced problems to report it to MedWatch, the agency's voluntary reporting program, by phone at 1-800-FDA-1088 or online at www.accessdata.fda.gov/scripts/medwatch/medwatch-online.htm.

Even if symptoms seem mild, call your doctor anyway.

In addition to typical meningitis symptoms like headache, fever, nausea and stiffness of the neck, people with fungal meningitis may also experience confusion, dizziness and discomfort from bright lights. Patients might just have one or two of these symptoms, medical experts say.

Once diagnosed, patients are treated with anti-fungal medication, which is given intravenously. That means a likely hospital stay, the CDC said. Patients may need to be treated for months.

Where specifically did the infectious material allegedly originate?

A Massachusetts-based pharmacy, the New England Compounding Center (NECC), has been linked to the injections. The NECC has voluntarily recalled all products that were distributed from its facility in the Boston suburb of Framingham. The company's web site was replaced with a note about the recall.

Products from NECC can be identified by markings that indicate New England Compounding Center by name or by its acronym, the note said.

How did officials know to focus on the New England Compounding Center?

A doctor at Vanderbilt University in Nashville, Tennessee, was recently treating a patient with meningitis. The patient wasn't improving for weeks and the doctor was growing increasingly concerned so the physician ordered more labwork. The tests revealed that the patient's spinal fluid had a fungus -- an extremely rare occurrence. The doctor asked the family if the patient had been treated for anything unusual recently, and the family explained that the patient had gotten injections for pain. The doctor then notified the Tennessee Department of Health.

Federal health inspectors began inspecting a New England Compounding Center plant on October 1 and found foreign particles in unopened vials. They ran tests and determined the substance was a fungus.

What is a compounding center?

Compound pharmacists create customized medication solutions for patients for whom manufactured pharmaceuticals won't work, according to the International Academy of Compounding Pharmacists.

Those mixed-batch drugs can range from children's cough syrup -- like adding a yummier grape flavor -- to complex concoctions that treat cancer, according to Kevin Outterson, an associate professor of health law and bioethics at Boston University.

There's little federal oversight of drug safety and quality at compounding pharmacies compared to big drug manufacturers, he said.

How does a steroid become contaminated with fungus, and how does the fungus hurt you?

It's unclear in this case how the steroids became infected.

Dr. William Schaffner, chairman of the Department of Preventive Medicine at Vanderbilt University Medical Center, said that when a company is creating a sterile pharmaceutical product, the facility as well as workers must adhere meticulously to good manufacturing practices.

"There's a whole book on these practices," he told CNN Monday. "Clearly, there was some violation."

Fungal spores are in the air around us, he points out, and they don't cause harm when they are inhaled. "When they are injected, it's a different story," he said.

If injected, the fungus invades small blood vessels and can cause them to clot or bleed. That can lead to stoke-like symptoms, Schaffner said.

In addition to typical meningitis symptoms like headache, fever, nausea and stiffness of the neck, people with fungal meningitis may also experience confusion, dizziness and discomfort from bright lights. Patients might just have one or two of these symptoms, Schaffner said, and they might not present for more than a month.

"That can make it very difficult to diagnose," he said. "That could be a huge challenge in this case."

Is the practice of compounding common in the United States?

Physicians and clinics are increasingly getting material from compounding pharmacies because they typically sell at a much lower cost than major drug manufacturers, according to Outterson.

"There's a lot of compounding that's going on. And there's been an increase in reliance on these pharmacies to deliver a product that couldn't be had otherwise -- for financial or medical reasons," he said.

One to three percent of all prescriptions dispensed in the United States are compounded on prescriptions for individual patients, according to the International Academy of Compounding Pharmacists which has 2,700 local pharmacists who provide a compounding service.

The academy estimates that there are 7,500 pharmacies in the United States that specialize in complex compounding services.

"It's good because drugs are expensive and that's a reality we have to deal with," Outterson said. "But it also begs the question, 'Should the FDA be regulating compounding pharmacies?' Some would say yes."

Why doesn't the FDA regulate compounding pharmacies?

All pharmacies are regulated by the state where they are located, but regulations vary state by state, Outterson said.

The FDA has tried to oversee these pharmacies, but the attempt failed. The FDA developed rules for compounding but litigation led to a U.S. Supreme Court ruling in 2002 that struck down the idea, Outterson said.

Congress has been unable to reestablish the FDA's authority over the pharmacies since.

What are officials doing about the outbreak?

The FDA, the CDC and the Massachusetts Board of Registration in Pharmacy are all investigating the outbreak.