11/02/2012

Woman sues Texas police over ruptured breast implant

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By Mola Lenghi, NBCDFW.com

A North Texas woman who says a Pantego police officer caused her breast implant to rupture during an arrest is suing the department.

Rebecca Van Hooser of Arlington, Texas,  said the officer threw her against her car on Oct. 28, 2011, when he arrested her during a traffic stop.

The Pantego officer pulled her over on a headlight violation and arrested her after learning she had a warrant for an unpaid speeding ticket.


"She gets out of the car, (the officer) grabs her, throws her against the car, spreads her legs ... and grabs her arms and forcefully pulls them out and yanks them very hard behind her back," said her attorney, Susan Hutchison.

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Hutchison said throwing Van Hooser against the car caused her breast implant to burst.

"She's screaming in pain, and his response is, 'This isn't supposed to be comfortable,'" Hutchison said.

Van Hooser spent the night in jail.

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Her attorney said the rupture has led to health problems.

"She's had a number of surgeries," Hutchison said. "She had two hematomas as a result, and she's going to have to have a partial mastectomy, tissue transplant and a new implant."

Hutchison said the lawsuit is not just about her client's medical problems.

"We respect police officers," she said. "We're glad they're out there protecting us. When you arm someone with a gun and a badge and the authority that they have over people, you've got to train them appropriately, and they have got to be able to react reasonably and responsibly."

Pantego officials said the town has complete faith in its police force. The town said its officers always conduct themselves in the most professional manner.

Hutchison said the damages Van Hooser will seek have not yet been determined.

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Colorado -- 'Everyone is on edge'

  • Early voting rush likely to account for more than half the ballots cast in Colorado, a battleground
  • Election could draw between 2.4 million and 2.7 million Colorado voters
  • No shortage of choices: there are 16 candidates for president on the Colorado ballot
  • President Barack Obama and Gov. Mitt Romney due back in Colorado in final days

Editor's note: The 2012 presidential race is CNN Chief National Correspondent John King's seventh campaign. King is traveling through battleground states, where the election will be decided, to find the voters who will determine whether President Barack Obama gets a second term or if the country needs the change in direction that Mitt Romney represents.

Denver (CNN) -- After covering seven presidential campaigns, you might think you have seen it all. But two firsts in Colorado on Thursday: drive-through voting and a presidential ballot with the option of voting for Roseanne Barr.

The drive-through action was in downtown Denver, part of a Colorado early voting rush that is likely to account for more than half of the ballots cast in this presidential battleground.

Just outside the Denver Elections Division headquarters, a tent is set up in the middle of the road during business hours. Instead of parking and delivering your absentee ballot inside or dropping it in a secure box at the entrance, you can stop, roll down the window and hand you ballot to an elections official who promptly drops it into a locked ballot box.

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The in person early voting ends here on Friday and heading into the final hours, Republicans appeared to have a slight edge -- a more than 38,000 advantage in absentee ballots returned. But there's a big wild card: some 342,000 ballots returned by voters who are not affiliated with either party.

The early ballots are already being counted -- though the results won't be tabulated and released until immediately after the polls close on Election Day at 7 p.m. local time (9 p.m. ET).

"I have no idea where things stand," Colorado Secretary of State Scott Gessler told CNN on Thursday after casting his ballot.

CNN visited the secure room where the counting, according to state law, begins 10 days prior to Election Day. Officials feed the ballots into the computerized scanners, under the watchful eye of observers from both the Obama and Romney campaigns.

If the scanner can't read the ballot, it is set aside and then reviewed by a team that includes the campaign observers -- counted if there is a consensus of the voter's intent, set aside for now if it is either invalid for any reason or if there is a dispute.

Some 1.5 million ballots had already been cast by the end of the day Thursday, and Gessler predicts the 2012 election will draw between 2.4 million and 2.7 million Colorado voters.

"Everyone is on edge," he says, because the race is so close and Colorado's nine electoral votes so critical to the presidential campaigns.

Our new CNN-ORC International poll highlights why both President Barack Obama and Gov. Mitt Romney are due back in Colorado in the final days: 50% of likely voters favor the president; 48% the Republican challenger -- well within the poll's margin of error so a statistical tie.

Inside the polls: Obama's slim lead comes from women, cities

The president has a nearly 30-point lead -- 63%-34% -- in the urban areas of Denver and Boulder. And he is running ahead by eight points in the critical Denver suburbs. But Romney is well ahead elsewhere in the state -- by 55%-43% -- as both campaigns focus their energy now almost exclusively on turnout operations.

A peek at the ballot handed to those coming to case early votes in person offers proof there is no shortage of choices here: there are 16 candidates for president listed on the Colorado ballot.

The major parties are listed first in alphabetical order, and the American Constitution Party has that status in the state because of the 2010 gubernatorial election. Then there are minor parties, and then those who paid the $500 it takes under Colorado law to be listed on the presidential ballot, provided you also file a list of nine electors.

Halfway down is the Peace and Freedom Party ticket of comedian Roseanne Barr and anti-war activist Cindy Sheehan.

One other fun nugget: There are eight scanning machines at the Denver Elections Division -- each named for one of the state's professional sports teams: The Denver Outlaws (lacrosse), the Denver Broncos, (football), the Colorado Mammoth (lacrosse), the Colorado Crush (arena football), the Colorado Rockies (baseball), the Denver Nuggets (basketball), the Colorado Avalanche (hockey) and the Colorado Rapids (soccer).

Lawsuit: Cop Tasers boy for refusing to clean patrol car

By NBC News

SANTA FE, N.M. -- A New Mexico state police officer used his Taser to stun a 10-year-old schoolboy who refused to clean his patrol car, according to a lawsuit filed in Santa Fe County Court by the boy's family.

During a career day program at Tularosa Intermediate School in May, Officer Christopher Webb of the state Department of Public Safety pointed the stun gun at the boy and said, "Let me show you what happens to people who do not listen to the police," according to the lawsuit filed last week.


Webb said his stun gun went off by accident, sending two barbs carrying 50,000 volts of electricity for five seconds through the boy's clothing and piercing his chest, the Albuquerque Journal reported, quoting court documents. The jolt caused the boy to black out, the suit said.

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Rachel Higgins, attorney for the boy who weighs less than 100 pounds and is referred to in the lawsuit by only his initials, told the court he has been suffering from post-traumatic stress disorder, waking in the middle of the night clutching his chest in fear since the incident. He has scars the size of cigarette burns, she said in court papers.

The boy was only joking about not wanting to clean the patrol car when Webb asked a group of boys if they would, according to court documents.

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Webb, named in the suit along with the Department of Public Safety, received a three-day, unpaid suspension after the incident, the Journal reported.

Webb said in court documents he took the boy to the school nurse's office and waited with him there until the student's mother arrived.

The boy's family is seeking compensation and punitive damages, the Journal reported.

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Woman back in jail with newborn

A British woman arrested for drug trafficking in Pakistan, has returned to her jail cell despite concerns for her baby's life.
A British woman arrested for drug trafficking in Pakistan, has returned to her jail cell despite concerns for her baby's life.
  • Khadija Shah, 25, was arrested while six months pregnant and gave birth to a girl in Rawalpindi
  • Shah, accused of drug trafficking, was put back in jail three days after the birth
  • Lawyer criticizes care that baby is getting in jail, calls for bail for new mother
  • Shah denies trafficking, but anti-narcotics official says the case against her is solid

Islamabad, Pakistan (CNN) -- A British woman who was arrested on suspicion of drug trafficking in Pakistan remains in jail with her child, despite concerns about the baby's welfare.

Khadija Shah, 25, of Birmingham gave birth to her daughter, Malaika, a few weeks ago at a hospital in the city of Rawalpindi, an hour's drive from the capital, and was escorted back to jail with the infant only three days later, to the shock and dismay of her lawyer.

"The baby has had constant diarrhea, and Khadija complained that jail attendants are giving her strong medicine that is lethal for such a young child," Shahzad Akbar, legal counsel for Shah, told CNN.

"She would have been able to look after her child if she was granted bail," he said.

CNN has attempted to reach the jail for comment about the claims, but officials have not yet responded to calls. However, jail officials have said in media reports that the baby is receiving proper care.

Read more: $2.6 million in cocaine found in British woman's luggage, Indonesians say

Shah, who denies the charges against her, appeared in court Thursday with her infant daughter.

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Grasping the child, and barely able to speak through tears, she said she didn't want to give up her daughter, despite the conditions in the jail.

"No, I can't give her to anyone, I can't give her up," Shah told CNN before she was returned to her cell. "It's not that bad," she said of the conditions there.

Still, covering her face and hiding her tears, Shah conceded, "I'm worried about her. ..."

In Pakistan's legal system, mothers can keep their children in jail with them while their cases are heard -- a process that can take years.

Shah, arrested on drug charges in May, was allegedly found carrying more than $5 million worth of heroin before boarding a flight to England from Islamabad.

Read more: Pakistani officials seize drugs shaped like onions

She was six months pregnant and traveling with her 5-year-old son and 4-year-old daughter when airport security detained her at Islamabad airport after a "tipoff," according to her lawyer.

"Shah's (older) children were also incarcerated with her until recently, when they were turned over to their grandparents," Akbar said.

Col. Tauqeer, the commander of the Anti Narcotics Force responsible for Shah's arrest, told CNN that Shah was apprehended after spot checking.

"It was routine checking when we found more than 63 kilos of heroin sewn into embroidered cloth in her bag," Tauqeer said.

The Anti Narcotics Force "followed procedure," according to Tauqeer, and Shah now faces life in prison or the death penalty if convicted of the charges against her.

According to the Anti Narcotics Force, 306 people, including foreign nationals, have been convicted in drug-related cases so far in 2012, and 37 tons of drugs have been seized across the country.

"There are no weaknesses in our case," according to Tauqeer, who said Shah had made two prior trips to Islamabad, during which she probably transported drugs to England.

He said she told law enforcement officers that she had no relatives in Pakistan and that she was there on vacation.

"First she said she had no family, then her relatives arrived from Lahore to take the children; then she said she was married, and (it) turned out she was divorced. There are too many discrepancies in her statements," Tauqeer said.

Shah said that she had no knowledge of carrying drugs and that she was given a bag by a friend to take home to England, her lawyer told CNN. He also denies Tauqeer's claims about prior trips and any discrepancies in Shah's story.

Now, as Shah tends to her infant daughter in jail, her other children are in the UK; taken back, her lawyer says, by their grandmother.

But there is little chance Shah will join them anytime soon. A trial awaits her in Pakistan.

Sandy death toll in US rises to nearly 100

Nineteen bodies have been found in Staten Island following Hurricane Sandy and many fear the number will rise. A growing number of Staten Islanders are outraged by what they describe as the slow response from relief organizations. NBC News' Ann Curry reports.

By Miguel Llanos, NBC News

The death toll in the U.S. from Superstorm Sandy neared 100 victims on Friday, as New York City reported one more death and Mayor Michael Bloomberg warned: "There could be more fatalities."

The toll in the nation's largest city is now 41 deaths, Bloomberg said at a press conference at which he also defended the decision to run the New York Marathon this Sunday and tried to defuse concerns about gasoline shortages.

Half of the city's deaths were on Staten Island. Bloomberg noted the deaths of two brothers swept from their mother's arms in the storm surge there. 

"It just breaks your heart to think about it," Bloomberg said.


NBC News has been able to confirm 94 deaths across the Northeast and Mid-Atlantic. Besides New York City, the deaths are in:

  • New Jersey: 13
  • Maryland: 11
  • New York state: 8
  • Pennsylvania: 7
  • West Virginia: 6
  • Connecticut: 4
  • North Carolina: 2
  • Puerto Rico: 1

The storm also killed at least 69 people in the Caribbean, including 54 in Haiti and 11 in Cuba. 

Four days after Sandy struck the U.S., New York and the wider region were in full recovery mode Friday:

  • NYC Marathon: Responding to anger over the decision to hold the race, Bloomberg said at the press conference that it is a way to raise money for the stricken city and boost morale. He noted that his predecessor, Rudolph Giuliani, went ahead with the marathon two months after the Sept. 11, 2001, attacks. "Rudy made the right decision in those days to run the marathon and pull people together," Bloomberg said. 
  • Gasoline shortages: New York Harbor reopened Friday, providing a critical refueling supply line for the region. But motorists still waited in long lines for gasoline
  • Shelter, food aid: 5,500 people are still in 15 New York City shelters and some could be out of their homes long term. The city on Thursday gave out 290,000 meals and 500,000 bottles of water at 13 stations. Those deliveries will continue indefinitely.
  • Damage cost: In New York state alone, the cost could exceed $18 billion, a state official said Friday. Private estimates for the entire region range up to $50 billion in economic losses.

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Candidates see jobs report differently

  • NEW: President Obama, Mitt Romney trade harsh attacks on Friday
  • The campaigns provide differing spin on the October employment numbers
  • Romney says a rise in the unemployment rate shows stagnation
  • The White House cites a 32nd straight month of job creation

Washington (CNN) -- President Barack Obama cited "real progress," while Republican challenger Mitt Romney called it more evidence of economic stagnation.

Four days before an extremely close presidential election, a stronger-than-expected October jobs report on Friday evoked a typically divided reaction from the candidates competing for every last vote.

The last government unemployment figures before Tuesday's vote showed more of the incremental economic growth that Obama heralds as continued recovery and Romney labels insufficient.

According to the Bureau of Labor Statistics, the economy added 171,000 jobs last month and the unemployment rate rose to 7.9%, up from 7.8% in September after being above 8% since February 2009 -- the month after Obama took office.

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Last jobs report before election crucial in close race

At a rally in Ohio, his first of a day full of campaigning, Obama made a brief reference to the report, telling a boisterous crowd in Hilliard that "this morning we learned companies hired more workers in October than at any time in the last eight months."

He quickly shifted to his campaign stump speech, citing a revived American auto industry, rising home values and increased highway construction -- all important economic issues in Ohio -- as evidence of recovery during his presidency.

"We have made real progress," he said, then added that "we are here today because we know we've got more work to do."

The White House noted the report showed growth for a 32nd straight month to further bolster recovery from the recession inherited by Obama.

"While more work remains to be done, today's employment report provides further evidence that the U.S. economy is continuing to heal from the wounds inflicted by the worst downturn since the Great Depression," said a statement by Alan Krueger, who chair's Obama's Council of Economic Advisers.

To Romney, the increase in the unemployment rate was "a sad reminder that the economy is at a virtual standstill."

"Unemployment today is higher than when Barack Obama took office," Romney told a campaign event in Wisconsin.

In a statement released by his campaign, Romney said Obama's policies have "crushed America's middle class" for four years, and that the president's claims of progress ring hollow with people struggling to get by.

House Speaker John Boehner, R-Ohio, piled on in saying that "four years of persistently high unemployment and long-term joblessness might be the best President Obama can do -- but it's nowhere near what the American people can do if we get Washington out of their way."

Final jobs report before election gives ammo for both sides

Blaming what he called failed Obama policies including stimulus-style spending, excessive regulations and the threat of tax hikes by the president, Boehner said the result was "an economy that's far weaker than it should be."

U.S. stocks opened slightly higher on the jobs data, illustrating Wall Street sentiment and complimenting other economic reports out this week showing gains in manufacturing, consumer confidence and auto sales.

But Sheila Bair, a former chairman of the Federal Deposit Insurance Corporation, told CNN the employment report would have a minimal impact on Election Day since the numbers already play into the campaigns' economic narratives.

Voters consistently cite the economy as the top election issue this year, and Romney and Republicans have focused their campaign efforts on framing the vote as a referendum on Obama's presidency.

The unemployment rate was 7.8% when Obama was sworn in on January 20, 2009, and climbed above 8% the next month before dropping to 7.8% again more than three years later, in September.

Obama and his campaign often note that the economy was losing well over 500,000 jobs a month when he took office, and that his policies have reversed that trend to bring uninterrupted, though slower-than-needed growth.

Krueger's statement Friday said that over the past 12 months, the economy added more than 2 million jobs compared to 1.9 million in the previous year.

However, Romney and Republicans say a lack of leadership has prevented a more robust recovery.

"Four years ago, candidate Obama promised to do so very much, but he has fallen so very short," Romney said in a campaign speech in Wisconsin. "Words are cheap. A record is real and its earned with real effort. Real change is not measured in words. Real change is measured in achievements."

The question of the election, Romney said, "comes down to this: Do you want more of the same or do you want real change?"

Romney's vision for America

In his Ohio remarks, Obama challenged Romney's argument, saying is Republican rival offered only a repeat of tax cuts and shrinking government that he blamed for contributing to the recession and financial collapse during the Bush administration.

Obama's vision for America

Obama also leveled a harsh attack on a Romney ad earlier this week that incorrectly implied Jeep would shift manufacturing from the United States to China. The issue resonates in Ohio, one of the most important battleground states still up for grabs, because of its major auto industry.

The auto industry bailout that Obama championed gives him the advantage on the topic over Romney, who called at the time for letting the automakers go bankrupt and then managing their reform.

Obama said the Romney ad caused worried autoworkers to wonder if their jobs were being shipped overseas.

"It's not true. The car companies themselves have told Gov. Romney to knock it off," Obama said, adding that he understood Romney had a tough time in Ohio because he opposed the auto bailout and is "on videotape saying 'Let Detroit go bankrupt.' "

About the ad, Obama said: "You don't scare people just to scare up some votes."

"That's not leadership," he continued. "When I made the decision to rescue the auto industry, I knew it wasn't popular. It wasn't even popular in Ohio. But I knew it was the right thing to do. Betting on workers was right thing to do."

Both campaigns are focusing their final push on the handful of battleground states that are vital to their chances. In addition, Romney and running mate Rep. Paul Ryan are heading to Pennsylvania, which was considered to be leaning Democratic but has seen tightening in the polls in recent weeks.

The Obama campaign calls the Romney focus on Pennsylvania a futile effort to win a state that has supported Democratic candidates in the last five presidential elections.

Election campaign ends with chess match in swing states

CNNMoney's Tami Luhby contributed to this report.

Police: Suspect hurls pipe bombs during chase

Stafford County Sheriff's Office

Laurence Alan Stewart II is seen in a photo release by the Stafford County Sheriff's Office.

By Matthew Stabley, NBCWashington.com

WASHINGTON -- A man suspected in two bombings in Stafford County, Va., and one in Fredericksburg, Va., Tuesday morning was arrested Thursday in Montana.

Laurence Alan Stewart II, 25, is accused of explosions at the homes of an ex-girlfriend, a Stafford County Sheriff's deputy's former home and another law enforcement official, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

When police attempted to stop Stewart for speeding, he drove away and led them on a chase, throwing multiple pipe bombs at pursuing officers, authorities said. Some of the pipe bombs detonated, but no one was injured.

After about a 40-mile pursuit, police disabled Stewart's vehicle in Belt, Mont., near Great Falls. Armed with a handgun, Stewart ran from the car but was taken into custody. It's unknown at this time if shots were fired during the apprehension.


"This was an individual that was very dangerous. He showed that capacity in Virginia and continued that today in Montana," ATF spokesman Bradley Beyersdorf said.

Stewart is charged in Stafford County with attempted capital murder on a law enforcement officer, attempted capital murder during the commission of an act of terror, two counts of manufacture or possession of a weapon of terror, and two counts of burning or destroying by use of explosives at a dwelling. Fredericksburg is charging him with attempted capital murder of a law enforcement officer, missile into an occupied dwelling and arson of an occupied dwelling.

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In Montana he faces three counts of attempted deliberate homicide after being accused of throwing pipe bombs near patrol cars and one count of felony criminal endangerment over a pipe bomb thrown near a civilian's car.

The first explosion Tuesday morning was at the former home of a sheriff's deputy in the 3100 block of Normandy Avenue in Fredericksburg about 4 a.m. A woman and her dog got out unharmed when a homemade pipe bomb was thrown in the rear of the residence, according to the Stafford County sheriff. Three rooms were damaged, windows shattered and a hole was blown through the roof.

A Virginia State Police bomb detection dog did not find any additional devices.

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About 4:30 a.m., a homemade pipe bomb was thrown outside a home in the Kings Grant subdivision, causing damage to the home but not injuring anyone inside, according to the sheriff.

And about 5:30 a.m., a homemade pipe bomb was thrown to the rear of a home in the Country Ridge subdivision, according to the sheriff. Again, the home was damaged but no one was injured.

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Stewart was previously wanted on charges that included allegations of indecent exposure and violation of a protection order, The Associated Press reported. He is accused of exposing himself to two people while sitting in his car in North Stafford in July and August, authorities said.

The law enforcement officials targeted were investigating that case, authorities said.

Virginia State Police and the Stafford County and Fredericksburg Police Department fire marshal's offices assisted the Stafford County Sheriff's Office, Fredericksburg police and the ATF in the investigation.

This article includes reporting by The Associated Press.

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