James Holmes Defense: Was He Insane?


Jan 3, 2013 5:30pm







James Holmes court appearance mr 120723 wblog James Holmes Defense Witnesses in Colorado Shooting to Testify on Mental State

James Holmes appears in court, Centennial, Colo., July 23, 2012. RJ Sangosti/AP Images.



ABC’s Clayton Sandell and Carol McKinley report:


A judge ruled Thursday that public defenders for accused Colorado theater shooting suspect James Holmes can call two unidentified witnesses at next week’s preliminary hearing to testify about the defendant’s “mental state.”


Arapahoe County, Colo. prosecutors had sought to keep the witnesses out of court, but Judge William Sylvester ruled that the now-25-year-old accused killer has a right to call the witnesses at a preliminary hearing.


The Jan. 7 preliminary hearing will essentially be a mini-trial in which prosecutors will present witness testimony and evidence to convince the judge that there is enough of a case against Holmes to proceed to a trial.


Witnesses to be called for the prosecution include the Aurora police lead detective, first responders, the Arapahoe County coroner and likely a computer forensic specialist, according to prosecution sources who declined to be identified, citing a gag order in the case.


A top priority, the prosecution sources say, will be showing that Holmes acted with premeditation when he allegedly murdered 12 people and wounded 58 on the night of July 20 during a midnight showing of “The Dark Knight Rises.”


Defense attorneys may pursue a legal strategy to show that Holmes was not in his right mind at the time of the shooting.


Holmes, who has not yet entered a plea, has been repeatedly described in court by his legal team as mentally ill. While a graduate student at the University of Colorado, he was in the care of a psychiatrist.


Prosecutors say they will also present photos, video and 911 calls during the hearing, which is expected to last all week.


It’s not clear what the two witnesses’ relationship is to the shooting, or to Holmes.


Prosecutors, Judge Sylvester’s order says, contend that “neither witness has personal knowledge of the events at the Century Aurora 16 Theater.”


Sylvester said the witnesses are non-expert “lay witnesses” who have so far chosen not to be interviewed by defense investigators but have been cooperating with law enforcement.



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Eleven dead in Damascus gas station blast


AZAZ, Syria (Reuters) - At least 11 people were killed and 40 wounded when a car bomb exploded at a crowded petrol station in the Syrian capital Damascus on Thursday, opposition activists said.


The station was packed with people queuing for fuel that has become increasingly scarce during the country's 21-month-long insurgency aimed at overthrowing President Bashar al-Assad.


The semi-official al-Ikhbariya television station showed footage of 10 burnt bodies and Red Crescent workers searching for victims at the site.


The opposition Revolution Leadership Council in Damascus said the explosion was caused by a booby-trapped car.


There was no immediate indication of who was responsible for the bombing in the Barzeh al-Balad district, whose residents include members of the Sunni Muslim majority and other religious and ethnic minorities.


"The station is usually packed even when it has no fuel," said an opposition activist who did not want to be named. "There are lots of people who sleep there overnight, waiting for early morning fuel consignments."


It was the second time that a petrol station has been hit in Damascus this week. Dozens of people were incinerated in an air strike as they waited for fuel on Wednesday, according to opposition sources.


In northern Syria, rebels were battling to seize an air base in their campaign against the air power that Assad has used to bomb rebel-held towns.


More than 60,000 people have been killed in the uprising and civil war, the United Nations said this week, a much higher death toll than previously thought.


DRAMATIC ADVANCES


After dramatic advances over the second half of 2012, the rebels now hold wide swathes of territory in the north and east, but they cannot protect towns and villages from Assad's helicopters and jets.


Hundreds of rebel fighters were attempting to storm the Taftanaz air base, near the highway that links Syria's two main cities, Aleppo and Damascus.


A rebel fighter speaking from near the Taftanaz base overnight said much of the base was still in loyalist hands but insurgents had managed to destroy a helicopter and a fighter jet on the ground.


The northern rebel Idlib Coordination Committee said the rebels had detonated a car bomb inside the base.


The government's SANA news agency said the base had not fallen and that the military had "strongly confronted an attempt by the terrorists to attack the airport from several axes, inflicting heavy losses among them and destroying their weapons and munitions".


Rami Abdulrahman, head of the opposition-aligned Syrian Observatory for Human Rights which monitors the conflict from Britain, said as many as 800 fighters were involved in the assault, including Islamists from Jabhat al-Nusra, a powerful group that Washington considers terrorists.


Taftanaz is mainly a helicopter base, used for missions to resupply army positions cut off by the rebels, as well as for dropping crude "barrel bombs" on rebel-controlled areas.


Near Minakh, another northern air base that rebels have surrounded, government forces have retaliated by shelling and bombing nearby towns.


NIGHTLY BOMBARDMENTS


In the town of Azaz, where the bombardment has become a near nightly occurrence, shells hit a family house overnight. Zeinab Hammadi said her two wounded daughters, aged 10 and 12, had been rushed across the border to Turkey, one with her brain exposed.


"We were sleeping and it just landed on us in the blink of an eye," she said, weeping as she surveyed the damage.


Family members tried to salvage possessions from the wreckage, men lifting out furniture and children carrying out their belongings in tubs.


"He (Assad) wants revenge against the people," said Abu Hassan, 33, working at a garage near the destroyed house. "What is the fault of the children? Are they the ones fighting?"


Opposition activists said warplanes struck a residential building in another rebel-held northern town, Hayyan, killing at least eight civilians.


Video footage showed men carrying dismembered bodies of children and dozens of people searching for victims in the rubble. The provenance of the video could not be independently confirmed.


In addition to their tenuous grip on the north, the rebels also hold a crescent of suburbs on the edge of Damascus, which have come under bombardment by government forces that control the center of the capital.


On Wednesday, according to opposition activists, dozens of people died in an inferno caused by an air strike on a petrol station in a Damascus suburb where residents were lining up for fuel.


The civil war in Syria has become the longest and bloodiest of the conflicts that rose out of uprisings across the Arab world in the past two years.


Assad's family has ruled for 42 years since his father seized power in a coup. The war pits rebels, mainly from the Sunni Muslim majority, against a government supported by members of Assad's Shi'ite-derived Alawite minority sect and some members of other minorities who fear revenge if he falls.


The West, most Sunni-ruled Arab states and Turkey have called for Assad to step down. He is supported by Russia and Shi'ite Iran.


(Additional reporting by Khaled Yacoub Oweis in Amman and Dominic Evans in Beirut; Writing by Peter Graff; Editing by Ruth Pitchford and Giles Elgood)



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1,684 COEs available for first open bidding exercise in Jan






SINGAPORE: Details for January's first open bidding exercise for Certificates of Entitlement (COE) have been released.

The total quota available for this tender is 1,684.

There will be 410 COEs for Cat A (small cars), 363 for Cat B (big cars) and 462 for Cat D (motorcycles).

For Cat E (open), 256 COEs will be available, while Cat C (goods vehicles and buses) will have 193 COEs.

The tender opens on January 7 at noon and closes at 4pm on January 9.

-CNA/ac



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Toyota, Audi to show off self-driving cars at CES



Toyota's prototype Lexus LS 600h.



(Credit:
Screenshot by Steven Musil/CNET)



Get ready to see more cars on the road without a driver behind the wheel.


Toyota and Audi will demonstrate autonomous-driving features next week at the Consumer Electronics Show in Las Vegas, according to The Wall Street Journal. The Japanese automaker posted a five-second preview video that shows one of its luxury brand Lexus vehicles loaded with various sensor and carrying the caption, "Lexus advanced active safety research vehicle is leading the industry into a new automated era."




An Audi representative also told the Journal that it would be demonstrating similar capabilities at the show, including the ability to locate a parking spot and self-park without a human behind the wheel.


Like the autonomous research
cars Google has been testing since 2009, Toyota's prototype Lexus LS 600h sports what appears to be a roof-mounted laser used to guide the vehicle. It also features radar and camera equipment used to navigate streets without a driver behind the wheel.


These driverless cars are capable of driving to specific locations based on visual indicators, artificial intelligence software, GPS, and a range of sensors. Google, which hired a team of robotics experts to develop the system, has logged more than 300,000 miles on private test tracks.


Nevada, which enacted legislation in 2011 that permits autonomous vehicles on the public roads, issued Google the first license for driverless cars last year -- the first state to issue such a permit.

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Al Jazeera acquires Al Gore's Current TV

LOS ANGELES Al-Jazeera, the Pan-Arab news channel that struggled to win space on American cable television, has acquired Current TV, boosting its reach nearly ninefold to about 40 million homes. With a focus on U.S. news, it plans to rebrand the left-leaning news network that cofounder Al Gore couldn't make relevant.

The former vice president confirmed the sale Wednesday, saying in a statement that Al-Jazeera shares Current TV's mission "to give voice to those who are not typically heard; to speak truth to power; to provide independent and diverse points of view; and to tell the stories that no one else is telling."

The acquisition lifts Al-Jazeera's reach beyond a few large U.S. metropolitan areas including New York and Washington, where about 4.7 million homes can now watch Al-Jazeera English.

Al-Jazeera, owned by the government of Qatar, plans to gradually transform Current into a new channel called Al-Jazeera America by adding five to 10 new U.S. bureaus beyond the five it has now and hiring more journalists.

Al-Jazeera spokesman Stan Collender said there are no rules against foreign ownership of a cable channel — unlike the strict rules limiting foreign ownership of free-to-air TV stations. He said the move is based on demand, adding that 40 percent of viewing traffic on Al-Jazeera English's website is from the U.S.

"This is a pure business decision based on recognized demand," Collender said. "When people watch Al-Jazeera, they tend to like it a great deal."

Al-Jazeera has long struggled to get carriage in the U.S., and the deal suffered an immediate casualty as Time Warner Cable Inc., the nation's second-largest cable TV operator, announced it is dropping Current TV due to the deal.

"Our agreement with Current has been terminated and we will no longer be carrying the service. We are removing the service as quickly as possible," the company said in a statement.

Previous to Al-Jazeera's purchase, Current TV was in 60 million homes.

In 2010, the network's managing director, Tony Burman, blamed a "very aggressive hostility" from the Bush administration for reluctance among cable and satellite companies to show the network.

Even so, Al-Jazeera has garnered respect for its ability to build a serious news product in a short time. But there may be a culture clash at the network. Dave Marash, a former "Nightline" reporter who worked for Al-Jazeera in Washington, said he left the network in 2008 in part because he sensed an anti-American bias there.

Current, meanwhile, began as a groundbreaking effort to promote user-generated content. But it has settled into a more conventional format of political talk television with a liberal bent. Gore worked on-air as an analyst during its recent election night coverage.

Former New York Gov. Elliot Spitzer, former Michigan Gov. Jennifer Granholm and Cenk Uygur are currently its lead personalities. Current signed Keith Olbermann to be its top host in 2011 but his tenure lasted less than a year before it ended in bad blood on both sides.

Current has largely been outflanked by MSNBC in its effort be a liberal alternative to the leading cable news network, Fox News Channel.

Current hired former CNN Washington bureau chief David Bohrman in 2011 to be its president. Bohrman has pushed the network to innovate technologically, with an election night coverage that emphasized social media conversation.

Current TV, founded in 2005 by former vice president Gore and Joel Hyatt, is expected to post $114 million in revenue in 2013, according to research firm SNL Kagan. The firm pegged the network's cash flow at nearly $24 million a year.

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Tax Deal Done - but How Can Obama Sign It?


Jan 2, 2013 6:29pm







ap obama ac 130102 wblog Vacationing Obamas Options to Sign Fiscal Cliff Deal Include Air Force Jet, Autopen

AP Photo/Charles Dharapak


Congress officially delivered the bill to avert the fiscal cliff to the White House this afternoon, House Speaker John Boehner’s office told ABC News.


Now the question is when will the President sign it?


The bill, passed late on New Year’s Day, expires tomorrow at 11:59 a.m. when the current session of Congress concludes. If President Obama doesn’t sign it by then, constitutionally the bill is dead.


But this evening, eighteen hours before the deadline, the President is on a golf course in Hawaii.  And the bill is in Washington at the White House.


Administration officials won’t say what they will do despite repeated inquiries from ABC News.


There seem to be two options:  1) An Air Force jet can deliver the bill to Hawaii (better leave quickly!) in time for the President to sign it before 11:59 Eastern Standard Time; or, 2) The White House can use a presidential “auto-pen.”


The simple mechanical device uses a template of the presidential signature to scrawl it on paper if activated by the White House at Obama’s direction.


But would an auto-pen – usually used to sign insignificant correspondence and photographs – pass constitutional muster?  We don’t know.  The question has never been tested by the courts.


A 2005 legal study commissioned by former President George W. Bush determined that use of the autopen is constitutional but acknowledged the possibility that its use could be challenged.  Bush never used the autopen, officials from his administration told ABC.


President Obama is only believed to have used the autopen once to sign a piece of major legislation — the 2011 extension of the Patriot Act — which reached his desk while he was on a diplomatic trip to Europe. Officials invoked national security concerns to justify the move.


Use of the autopen has been controversial.  Conservative groups alleged last summer that Obama used an autopen to sign condolence letters to the families of Navy SEALs killed in a Chinook crash in Afghanistan — a charge the White House disputed flatly as false.


In 2004, then-Secretary of Defense Donald Rumsfeld was criticized for using an autopen to sign condolence letters to the families of fallen troops.


And in 1992 then-Vice President Dan Quayle even got into some hot water over his use of the autopen on official correspondence during an appearance on “This Week with David Brinkley.” More HERE.


ABC News’ Ann Compton and Devin Dwyer contributed reporting.



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Central African Republic rebels halt advance, agree to peace talks


DAMARA, Central African Republic (Reuters) - Rebels in Central African Republic said they had halted their advance on the capital on Wednesday and agreed to start peace talks, averting a clash with regionally backed troops.


The Seleka rebels had pushed to within striking distance of Bangui after a three-week onslaught and threatened to oust President Francois Bozize, accusing him of reneging on a previous peace deal and cracking down on dissidents.


Their announcement on Wednesday gave the leader only a limited reprieve as the fighters told Reuters they might insist on his removal in the negotiations.


"I have asked our forces not to move their positions starting today because we want to enter talks in (Gabon's capital) Libreville for a political solution," said Seleka spokesman Eric Massi, speaking by telephone from Paris.


"I am in discussion with our partners to come up with proposals to end the crisis, but one solution could be a political transition that excludes Bozize," he said.


Bozize on Wednesday sacked his Army Chief of Staff and took over the defense minister's role from his son, Jean Francis Bozize, according to a decree read on national radio, a day after publicly criticizing the military for failing to repel the rebels.


The advance by Seleka, an alliance of mostly northeastern rebel groups, was the latest in a series of revolts in a country at the heart of one of Africa's most turbulent regions - and the most serious since the Chad-backed insurgency that swept Bozize to power in 2003.


Diplomatic sources have said talks organized by central African regional bloc ECCAS could start on January 10. The United States, the European Union and France have called on both sides to negotiate and spare civilians.


Central African Republic is one of the least developed countries in the world despite its deposits of gold, diamonds and other minerals. French nuclear energy group Areva mines the country's Bakouma uranium deposit - France's biggest commercial interest in its former colony.


RELIEF IN BANGUI


News of the rebel halt eased tension in Bangui, where residents had been stockpiling food and water and staying indoors after dark.


"They say they are no longer going to attack Bangui, and that's great news for us," said Jaqueline Loza in the crumbling riverside city.


ECCAS members Chad, Congo Republic, Gabon and Cameroon have sent hundreds of soldiers to reinforce CAR's army after a string of rebel victories since early December.


Gabonese General Jean Felix Akaga, commander of the regional force, said his troops were defending the town of Damara, 75 km (45 miles) north of Bangui and close to the rebel front.


"Damara is a red line not to be crossed ... Damara is in our control and Bangui is secure," he told Reuters. "If the rebellion decides to approach Damara, they know they will encounter a force that will react."


Soldiers armed with Kalashnikovs, rocket propelled grenade launchers and truck-mounted machineguns had taken up positions across the town, which was otherwise nearly-abandoned.


Some of the fighters wore turbans that covered their faces and had charms strung around their necks and arms meant to protect them against enemy bullets.


Chad's President Idriss Deby, one of Bozize's closest allies, had warned the rebels the regional force would confront them if they approached the town.


Chad provided training and equipment to the rebellion that brought Bozize to power by ousting then-president Ange Felix Patasse, who Chad accused of supporting Chadian dissidents.


Chad is also keen to keep a lid on instability in the territory close to its main oil export pipeline and has stepped in to defend Bozize against insurgents in the past.


A CAR government minister told Reuters the foreign troop presence strengthened Bozize's bargaining position ahead of the Libreville peace talks.


"The rebels are now in a position of weakness," the minister said, asking not to be named. "They should therefore stop imposing conditions like the departure of the president."


Central African Republic is one of a number of countries in the region where U.S. Special Forces are helping local soldiers track down the Lord's Resistance Army, a rebel group which has killed thousands of civilians across four nations.


France has a 600-strong force in CAR to defend about 1,200 of its citizens who live there.


Paris used air strikes to defend Bozize against a rebellion in 2006. But French President Francois Hollande turned down a request for more help, saying the days of intervening in other countries' affairs were over.


(Additional reporting by Paul-Marin Ngoupana in Bangui and Jon Herskovitz in Johannesburg; Writing by Richard Valdmanis; Editing by Andrew Heavens and Janet Lawrence)



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Football: Redknapp eyes salvation after shock win at Chelsea






LONDON: Harry Redknapp believes Queens Park Rangers' shock 1-0 win at Chelsea could be the turning point in his side's season.

Redknapp, who also revealed he missed out on the chance to sign Liverpool's Joe Cole, saw his side defy the odds to produce one of the most unexpected results of the season thanks to Shaun Wright-Phillips's goal on Wednesday.

The win was only their second league victory of the season and moved Rangers level on points with second-bottom Reading, five points adrift of safety.

But the manager believes the impact of the result will be hugely significant in the context of the relegation battle and strengthen his chances of bringing in new recruits in the January transfer window.

"I had a good meeting with (the players) after the Liverpool game (QPR lost 3-0) and I think I convinced them I thought we could stay up," he said.

"You probably thought I was mad, but I didn't go home thinking we are doomed. I thought we could turn it around if we can get this lot working and get someone in the window. And tonight (Wednesday) has proved that.

"Most important, we worked hard. We grafted and if we do that until the end of the season, we will win some games. The other teams down there will be thinking: 'That's not very good.' I've been there.

"That will send shocks through everybody and we've got to make the most of that tonight."

Redknapp had attempted to sign Cole but missed out when the player opted to join his former club West Ham United instead.

"I lost a player today who I tried to sign and who would have been my first signing," said Redknapp.

"He probably looked and thought: 'Harry, I love you, but I don't think you are going to stay up.' And he's gone to the Hammers.

"I was going to take Joe. I thought he would have been good for me but it's not easy when you are down there.

"I understand why -- he's a West Ham lad and they love him. I signed him there when he was 11, so he's going back home and I wish him all the luck in the world."

Chelsea's interim manager, Rafael Benitez, blamed his side's defeat on fatigue and admitted they cannot afford further slips if they are to close the 14-point gap on leaders Manchester United.

Benitez admitted striker Fernando Torres is one of the players who needs a rest and says he hopes to have completed the signing of Newcastle United forward Demba Ba before the FA Cup tie at Southampton on Saturday.

The manager made changes to his line-up and said: "We can't carry on with the same players. We were playing the bottom of the league at home and you have to trust your players.

"The main thing is we were a bit tired and couldn't produce the pass, the intensity and the movement.

"We have to have everything almost perfect now. When you lose a game it is more difficult, but I can't be thinking about the number of points -- only the next game.

"We have the FA Cup now, then we have to think how we can get three points from every game."

And he added: "Fernando is one of the players (who is tired). You can see two or three, who have been playing too many games in the last month.

"Definitely the club is working on it (signing a new striker). If we can do the business, I hope so (before weekend)."

Benitez revealed goalkeeper Petr Cech will be out for up to three weeks with an adductor problem, but there is still no return date for skipper John Terry, who has a knee injury.

-AFP/ac



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Six states outlaw employer snooping on Facebook



Six states have officially made it illegal for employers to ask their workers for passwords to their social media accounts. As of 2013, California and Illinois have joined the ranks of Michigan, New Jersey, Maryland, and Delaware in passing state laws against the practice, according to Wired.

With Congress not being able to come to agreement on the Password Protection Act of 2012, individual states have taken the law into their own hands. Both California and Illinois agreed on password protection laws in 2012, but the laws didn't go into effect until yesterday.

The laws are designed to prohibit employers from requiring an employee or job applicant to provide their username and password for social media accounts, such as Facebook, Twitter, or Instagram. Assemblymember Nora Campos, who authored the California bill, called the law a "preemptive measure" that will offer guidelines to the accessibility of private information behind what she calls the "social media wall."

It's unclear how many employers have actually demanded access to workers' online accounts, but some cases have surfaced publicly and inspired lively debate over the past year. In one instance last April, a teacher's aide in Michigan was suspended after refusing to provide access to her Facebook account following complaints over a picture she posted.

According to Campos' office, more than 100 cases before the National Labor Relations Board in September involved employer workplace policies around social media. Facebook has also said it has experienced an increase in reports of employers seeking to gain "inappropriate access" to people's Facebook profiles or private information this past year.

While these six states now ban employer snooping on private information, all public information posted on social media accounts is still fair game.

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Pa. gov. to sue NCAA over Penn State sanctions

HARRISBURG, Pa. Gov. Tom Corbett said Tuesday he plans to sue the NCAA in federal court over stiff sanctions imposed against Penn State University in the wake of the Jerry Sandusky child sexual abuse scandal.

The Republican governor scheduled a Wednesday news conference on the Penn State campus in State College to announce the filing in U.S. District Court in Harrisburg.

The sanctions, which were agreed to by the university in July, included a $60 million fine that would be used nationally to finance child abuse prevention grants. The sanctions also included a four-year bowl game ban for the university's marquee football program, reduced football scholarships and the forfeiture of 112 wins.

The governor's office announced the news conference late Tuesday afternoon. His spokesman did not respond to repeated calls and emails seeking to confirm a Sports Illustrated story that cited anonymous sources saying a lawsuit was imminent.

Corbett's brief statement did not indicate whether his office coordinated its legal strategy with state Attorney General-elect Kathleen Kane, who is scheduled to be sworn in Jan. 15.

Kane, a Democrat, ran on a vow to investigate why it took state prosecutors nearly three years to charge Sandusky, an assistant under former football coach Joe Paterno. Corbett was the attorney general when that office took over the case in early 2009 and until he became governor in January 2011.




6 Photos


Who's who in the Penn State child sex abuse scandal






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Pa. Atty Gen: Penn State officials showed "callous lack of concern"



State and congressional lawmakers from Pennsylvania have objected to using the Penn State fine to finance activities in other states. Penn State has already made the first $12 million payment, and an NCAA task force is deciding how it should be spent.

The NCAA, which did not respond to calls seeking comment Tuesday, has said at least a quarter of the money would be spent in Pennsylvania.

Republican U.S. Rep. Charlie Dent called that an "unacceptable and unsatisfactory" response by the NCAA to a request from the state's U.S. House delegation that the whole $60 million be distributed to causes within the state.

Last week, state Sen. Jake Corman, a Republican whose district includes Penn State's main campus, said he plans to seek court action barring any of the first $12 million from being released to groups outside the state.

The fine was just part of college sports' governing body's sanctions on Penn State for its handling of the abuse scandal involving Sandusky, who was convicted in June on charges he sexually abused 10 boys, some on campus. The landmark sanctions, though, didn't include a suspension of the university's football program, the so-called death penalty.

Sandusky, 68, was convicted on 45 counts. He's serving a 30- to 60-year state prison term.

Eight young men testified against him, describing a range of abuse they said went from grooming and manipulation to fondling, oral sex and anal rape when they were boys.

Sandusky did not testify at his trial but has maintained his innocence, acknowledging he showered with boys but insisting he never molested them.

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