Chwalimir blog

Pakistani judge orders American held 8 more days

LAHORE, Pakistan – A court on Thursday ordered the detention of an American official suspected in the shooting deaths of two Pakistanis extended by at least eight days, in defiance of U.S. demands the man be released immediately.

The United States says the American, identified by Pakistanis as Raymond Allen Davis, has diplomatic immunity and is being illegally detained. He has told a Pakistani court that he acted in self-defense last week when he shot two armed men who were intent on robbing him at gunpoint as he drove his car in the city of Lahore. Police say they are pursuing possible murder charges.

The shootings have stoked anti-American sentiment in Pakistan just as Washington is trying to seek more cooperation with Islamabad in the campaign against Islamist militants. The U.S. is already widely unpopular in Pakistan, in part because of its undeclared campaign of drone missile strikes in the northwest borderlands.

The deaths have also added to pressure on Pakistan's weak government here, which will face charges of being an American lackey if it hands over Davis to the United States. Refusing to do so risks severing a relationship with a vital ally and donor.

In Lahore on Thursday, hundreds of protesters, including relatives of the dead Pakistanis, rallied outside the barricaded U.S. consulate, shouting "Hang the American killer!"

Pakistani officials have avoided definitive statements on Davis' level of diplomatic clearance and whether he qualifies for immunity. They have said the decision on his fate is up to the court.

Davis was arrested soon after the Jan. 27 shootings. He made a brief appearance in a court session Thursday that was closed to the media. Police officer Zulifqar Hameed said a judge ordered Davis be held another eight days. His next court appearance is set for Feb. 11.

In a statement, the U.S. Embassy complained that it had not been notified of the court hearing and that Davis had no lawyer or translator with him. It reiterated that his "continuing detention is a gross violation of international law."

Besides the two men who were shot dead, a bystander was also killed when he was struck by an American car rushing to the scene to help Davis.

Also Thursday in Lahore, a bombing at a Muslim shrine in Lahore killed two people, said police officer Shahzad Asif. He described the bomb as "small" and said officers were examining the scene. Islamist extremists who view the practice of worshipping at shrines as a deviation from Islam bombed several such places last year in Pakistan.

Meanwhile, gunmen in southwest Pakistan shot dead the driver of a truck believed to be carrying supplies for NATO troops across the border in Afghanistan. The driver's assistant was also wounded in the attack near the border town of Chaman, security official Abdul Sattar said.

Militants and ordinary criminals in Pakistan frequently attack trucks carrying supplies for Western troops in Afghanistan. The shaky security has led the U.S. to increasingly rely on other routes, including through Central Asian countries.

In the northwest, a group of militants attacked a security checkpoint in the tribal region of Orakzai, killing a soldier. Seven insurgents died during the clash as well, government administrator Aurangzeb Khan said. Orakzai has been the focus of a Pakistani army offensive

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Associated Press writer Matiullah Achakzai in Chaman and Hussain Afzal in Parachinar contributed to this report.

Google admits trespassing in Pa., pays couple $1

PITTSBURGH – Google Inc. has acknowledged that it trespassed when it took a photo of a Pittsburgh-area house for its Street View service, but will pay only $1 in damages to a couple who sued.

U.S. District Magistrate Judge Cathy Bissoon on Thursday signed off on a consent judgment, a mutually agreed-upon verdict, between the Mountain View, Calif. company and Aaron and Christine Boring, of Franklin Park.

A Google spokeswoman told the Pittsburgh Post-Gazette, which first reported the parties had agreed to the judgment, that the settlement is limited to the Borings.

"We are pleased that this lawsuit has finally ended with plaintiffs' acknowledgment that they are entitled to only $1," Google said in a statement to The Associated Press, adding that its ability to continue the Street View feature is unaffected.

The Borings' attorney, Gregg Zegarelli, said his clients are satisfied to have made the point that Google trespassed and realize they "can't control a company such as Google that operates worldwide."

"This is about right and wrong. Maybe my client and I are hopeless romantics, but I suppose some people said the same thing in 1950 about a male executive calling female staff 'sweetie/honey,' or African Americans just sitting a few seats farther in the back of the bus," Zegarelli said.

The Borings said in a statement released by Zegarelli that the amount of the judgment isn't the issue.

"This is one sweet dollar of vindication," the statement said. "Google could have just sent us an apology letter in the very beginning, but chose to try to prove they had a legal right to be on our land. We are glad they finally gave up."

Google's Street View feature lets users view homes and businesses as though they are driving along a three-dimensional street. It's assembled by having cars with digital cameras collect images that are then paired with Google's map data.

The Borings sued in 2008, saying their privacy was violated when Google took a photo of their home. They said the images could only have been obtained if the driver traveled about 1,000 feet up a private road clearly marked "No Trespassing."

Google said people can have such photos removed upon request and argued that the images of the Boring home were no more invasive than those found on a county real estate tax website.

Since its launch in 2007, Google's Street View has expanded to more than 100 cities in 33 countries, prompting privacy concerns along the way.

Greek officials asked for more safeguards before its streets were photographed, and some English villagers protested by forming a human chain to stop a camera van.

In November, Google bowed to pressure from German residents and made that country the only one in the world where people can ask in advance to have images of their homes excluded from the Street View feature.

Zegarelli praised his clients for sticking with the case.

The Borings sued in April 2008 and 10 months later, U.S. Magistrate Judge Amy Reynolds Hay dismissed the lawsuit, saying the couple did not take reasonable steps to remove the pictures, did not prove mental suffering and "have not alleged a single fact supporting their contention that their property decreased in value." She also said it was "hard to believe that any — other than the most exquisitely sensitive — would suffer shame or humiliation" from having their house photographed.

A 3rd U.S. Circuit Court of Appeals panel in March reinstated the couple's trespassing claim but found that Hay was correct to dismiss all the couple's other claims. It also found Google's conduct was not "outrageous" enough to warrant punitive damages the Borings sought.

Hay died earlier this year before she could hear the case, so it was reassigned to Bissoon. She met with the parties Tuesday and reached the agreed-upon verdict. Both sides will pay their own attorney fees.

Home Depot 3rd-quarter net income rises

NEW YORK – Americans are primping their lawns and maintaining their homes but holding back on large-scale remodeling, Home Depot's third-quarter net income results showed Tuesday.

The largest U.S. home-improvement retailer said keeping a tight lid on expenses helped its third-quarter net income rise 21 percent, despite a lackluster 1 percent revenue increase.

The results mirror Monday's report from smaller rival Lowe's Cos., which said its net income rose 19 percent with a revenue increase of only 2 percent. Together, the reports show many homeowners remain unwilling or unable to undertake bigger projects until the unemployment rate, stuck at 9.6 percent, improves and the economy shows signs of growth.

Home Depot, which is based in Atlanta, said transactions of $900 or more, which make up about 20 percent of its business, fell 3.4 percent for the quarter. Meanwhile, purchases of $50 and less, also 20 percent of Home Depot's business rose 2.7. The average ticket edged down less than 1 percent to $51.46 for the quarter.

"Average ticket continues to be a challenge, just as the macro housing environment remains under pressure," said CEO Frank Blake in a call with analysts.

But it was the fourth quarter in a row that Home Depot's revenue at stores open at least a year rose. The figure is considered key because it excludes stores that open or close during the year. The figure rose in 32 of Home Depot's top 40 U.S. markets.

Net income rose to $834 million, or 51 cents per share, from $689 million, or 41 cents per share. That is better than the 48 cents per share analysts expected, according to a poll by Thomson Reuters.

Revenue edged up 1 percent to $16.6 billion from $16.36 billion. Analysts expected $16.59 billion. Revenue in stores open at least one year rose 1.4 percent.

Strong categories included lumber; garden, electrical and lighting products and items used in maintenance and repair, such as sealers, fasteners, water heaters and cleaning products.

Bigger-ticket items like building materials and kitchen elements were weaker, although the company said its newly launched Martha Stewart Kitchen line is so far exceeding expectations.

Hot weather in August and September kept gardeners indoors in many regions, but an increase in planting and lawn repair in October offset the earlier drop, said Craig Menear, executive vice president of merchandising.

The company trimmed its revenue guidance for the year but raised its expectations for net income. It now expects revenue growth for the year of 2.2 percent, down from 2.6 percent.

That implies revenue of $67.64 billion, more than the $67.55 billion analysts expect. The company's net income guidance — $1.94 per share, up from $1.90 per share — tops the average forecast from analysts, who expect $1.90 per share.

Wall Street Strategies analyst Brian Sozzi called the results "strong."

"The quarter depicted a company that is more efficient than in years past, and one that is prepared to operate effectively in a slow-growth environment," Sozzi said Tuesday.

Home Depot shares were up 83 cents, or 2.6 percent, to $32.22 at midday. The stock has traded between $26.35 and $37.03 during the past 52 weeks.

Ohio kidnap suspect was in prison for Colo. arson

MOUNT VERNON, Ohio – An Ohio man accused of keeping a 13-year-old girl bound and gagged in his basement spent six years in a Colorado prison for setting a fire to cover up a burglary and had been released from parole only a month ago.

The teenager's mother and brother, along with a friend of her mother's, remained missing Tuesday after authorities searched a lake and park near the suspect's home. Authorities offered little hope that they would be found alive but planned to continue their search.

Authorities said more charges were expected against Matthew J. Hoffman, who was expected to appear at a bond hearing via video link Tuesday afternoon. It wasn't clear how well Hoffman, 30, knew the teenager or the three missing people, but Knox County Sheriff David Barber suggested the defendant had been watching them.

"They knew Hoffman or Hoffman made himself known to them; he acquainted himself with the family whether they knew he was acquainting himself with them or not," Barber said Monday at a news conference at which he also outlined the "possibility that these folks are dead."

The sheriff said Hoffman does not yet have a lawyer.

Police on Sunday rescued 13-year-old Sarah Maynard from the basement of Hoffman's home, then began a search of a nearby lake for Maynard's mother, 32-year-old Tina Herrmann; the woman's 10-year-old son, Kody Maynard; and her 41-year-old friend, Stephanie Sprang.

Sprang's father, Steve Thompson, said Tuesday morning that he's staying optimistic.

"We know they are alive and we will find them eventually," Thompson said in an interview with CBS' "The Early Show," expressing hope that the three are tied up somewhere and will soon free themselves and resurface.

Hoffman was sitting nearby last week when police recovered the missing family's truck in central Ohio, Barber said.

His mother and stepfather live less than a mile away from Herrmann's home in a lakeside community north of Columbus. Hoffman last lived there two years ago, his mother said.

Thompson said he did not know Hoffman and had no idea how he became connected with his daughter and Herrmann.

"I don't think either one of the girls would have been really talking with him or just hanging out with him," Thompson said on NBC's "Today."

Hoffman was sentenced to eight years in prison in Colorado in 2001 for arson and other charges.

The Steamboat Pilot & Today of Steamboat Springs, Colo., reported Tuesday that he pleaded guilty to setting a fire to cover up a burglary he had committed the day before at a townhouse where he had installed some plumbing fixtures. The fire destroyed two townhouses, damaged eight others and forced the evacuation of 16 people.

"I just want to say that I did have concern for the people in the condos," Hoffman said at his sentencing, according to the newspaper. "Now that I think back about it, I would not have done it."

Authorities allowed Hoffman to move to Ohio in 2007 after he was released on parole, which ended about a month ago. He had paid about $4,800 toward $2.06 million in restitution, Colorado court system spokesman Jon Sarche said.

Authorities first questioned Hoffman on Thursday, the day after Herrmann failed to show up for work at Dairy Queen. Police found him sitting in his car near a bike trail opposite property owned by Kenyon College, near where Herrmann's pickup truck was found, Barber said.

The sheriff didn't say what later led investigators to Hoffman's two-story, tan-sided house in Mount Vernon, where authorities spent Monday scouring bike paths and riverbanks. A search team pulled a car and an SUV from a lake near Hoffman's home, but investigators say they're not likely related to the disappearances.

Barber declined to comment on whether Sarah was assaulted or the details of her capture. She was released from a hospital and was staying with relatives.

"She is a very brave little girl," Barber said. "Under the circumstances, a 13-year-old girl being held captive for four days by a total stranger ... I would call her the epitome of bravery."

At the Columbus, Ohio, home of the girl's paternal grandmother, Patricia Baker, a younger woman answered the door on Tuesday and declined to comment.

June Chadwell, 66, who said she had lived across the street from Baker for 37 years, said she had seen no sign of the girl but said the child's father, Larry Maynard, lived at the home with Baker and that he was seen sitting on a deck outside the home on Monday.

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Associated Press writers Doug Whiteman, JoAnne Viviano and Anne Sanner in Columbus, John Seewer in Toledo, and P. Solomon Banda in Denver contributed to this report.

The Macalope Weekly: The machine that goes Ping!

Apple held its annual iPod show this week and the Macalope's here to give you the final take-away. Truth be told, he's not even going to talk about Ping because he doesn't get it, but you know how it is with nerds: we can't pass up a chance to make .

Calvinball

The "one more thing" at the event was, as predicted, . What wasn't really predicted was the feature set. The new Apple TV is nice but, let's face it, it's not the prophet that's going to lead us out of the entertainment wilderness and into the promised land of ubiquitous cheap content.

Apple is betting on an all-rental model which is an interesting gamble but seems unlikely to be a huge winner. For starters, . Of course, Amazon's service isn't without its quirks, too (like not working on the Mac), but it's hard to get excited about spending a buck to be loaned something that someone else, for the same dollar, gets to keep.

Apple still hasn't been able to up the 24-hour limit on watching a movie (and, yes, the Macalope knows they let you get through it at least once even if you go outside 24 hours). Of course, it's at least easier to watch a 45-minute episode of Glee in 24 hours than, say, Cleopatra. Particularly when you decide you can only bear to watch half of the Glee episode because there's only so much twee-ness you can stand. Other systems allow longer viewing periods. (Correction: the time limit for movies remains 24-hours, but the limit for TV show rentals is actually 48 hours.)

It's rather annoying that current Apple TV users are apparently going to be , even . While it's possible this restriction is Apple's doing in order to avoid additional development costs (the new Apple TV is iOS-based, the old Mac OS X-based) or simply to drive sales, the horny one wonders if the deals it cuts with media companies aren't device-specific.

The Macalope's point here is that the TV and movie companies love thesebecause they're in a game of divide and conquer. It's in their best interest to keep the cable companies, Amazon, Roku, Microsoft, Apple, and anyone else they work with on an uneven footing so that no single company becomes the market leader. The last thing they want is to end up like the music industry and be a bit player in someone else's game. Apple's got the chops to own this business and the industry is determined to make sure that never happens. Alas, the Apple TV remains a hobby.

Well, could be worse. Steve Jobs could have taken up scrapbooking.

iPod Rex

Some of the items in the event might make you wonder "Was this trip really necessary?" The iPod nano in particular strikes the Macalope as an odd choice. The last three generations of the nano let you watch video-and you could even record video with the last one-but the new model completely eschews video just to make it smaller. It's really less of a multitouch nano than it is a multitouch shuffle.

Add to thatand some of these announcements look like the company's saying "Hey, look what we can do! Look! I SAID LOOK WHAT WE CAN DO. NO, LOOK, DAMN IT."

This isn't exactly new with Apple and at least the company has talent to go along with its flair for exhibitionism. There's even some method to the madness. Well, not about the iTunes window buttons. That's just nuts. But the bereft-of-video nano seems to be positioned to drive sales of the very-video-capable iPod touch.

And that, kids, is the moral of this week^aEURTMs Apple event: very little matters besides the iPod touch.

You can laugh at the backtrack on the shuffle form factor, you can scoff at the red-headed stepchild that is the nano, you can chuckle over the idea of Steve Jobs following Lady Gaga on Ping, and you can question whether the Apple TV will ever get to be a real, live boy. It's not going to matter because the iPod touch, already a killer device, just got stronger. Thinner and faster with more screen resolution and front and back cameras.

Really, it's all about the touch.

Listen, when even George Ou , you know there's no longer any doubt that it's a big deal.

Down is up

Oh, no! According to , the Mac's in decline. Quick, everyone go out and browse something!

Wait, you are browsing something. Silly Macalope!

But what's worrying is that while Apple is keeping its eye on on the iOS spinning plate, the Mac OS plate has stopped spinning and it headed dirtwards.

This would be worrying, except for the fact that in terms of , the Mac's plate is spinning so fast it's actually lifting off the ground. [NOTE TO EDITOR: PLEASE COMPUTE PHYSICS OF THIS TO SEE IF POSSIBLE. TIA.]

, Mac sales grew at 31.5 percent compared to 20.9 percent for the rest of the market. This would mean that Apple's market share is increasing substantially, not decreasing incrementally as the net usage survey would indicate. In fact, according to Wolf, the only part of the market where Apple is not increasing market share is in education.

Of course, the kids love the Internet, so maybe that makes the Internet usage statistics make more sense.Maybe it's just that Mac owners are also buying iPhones and iPads and using them to surf the Web. It's all so confusing!

Relax.

Don't obsess over Internet usage share. It's just one indicator. Better indicators are growth and making money hand over fist. And in both those metrics, Apple is doing just fine, thank you very much.