Indian police charge 5 in New Delhi gang rape

NEW DELHI (AP) — Authorities filed rape and murder charges Thursday against five men accused of the gang rape of a 23-year-old university student on a New Delhi bus, a crime that horrified Indians and provoked a national debate about the treatment of women.

Police said they plan to push for the death penalty in the case, as government officials promised new measures to protect women in the nation's capital.

Prosecutor Rajiv Mohan filed a case of rape, tampering with evidence, kidnapping, murder and other charges against the men in a new fast-track court in south Delhi inaugurated only the day before to deal specifically with crimes against women. Mohan asked for a closed trial, and a hearing was set for Saturday.

The men charged are Ram Singh, 33, the bus driver; his brother Mukesh Singh, 26, who cleans buses for the same company; Pavan Gupta, 19, a fruit vendor; Akshay Singh, 24, a bus washer; and Vinay Sharma, 20, a fitness trainer. They did not appear in court.

A sixth suspect was listed as 17 and was expected to be tried in a juvenile court, where the maximum sentence would be three years in a reform facility. Police also detained the owner of the bus on accusations that he used false documents to obtain permits to run the private bus service.

Media reports say police have gathered 30 witnesses, and the charges have been detailed in a document running more than 1,000 pages. The document was not released Thursday. The Bar Association said its lawyers would not defend the suspects because of the nature of the crime, but the court is expected to appoint attorneys to defend them.

"Strict, strict, strict punishment should be given to them," said Ashima Sharma, an 18-year-old student attending a protest Thursday. "A very strict punishment ... that all men of India should be aware that they are not going to treat the women like the way they treated her."

The woman, who died of her injuries in a Singapore hospital Saturday, was attacked Dec. 16 after boarding a bus with a male companion after watching an evening showing of the movie "Life of Pi" at an upscale mall. The vehicle was a charter bus that illegally picked up the two passengers, authorities said.

The pair were attacked for hours as the bus drove through the city, even passing through police checkpoints during the assault. They were eventually dumped naked on the side of the road. The woman, whose name was not released, was assaulted with an iron bar and suffered severe internal injuries that eventually proved fatal.

The attack caused outrage across India, sparking protests and demands for tough new rape laws, better police protection and a sustained campaign to change society's views about women. The government has set up a series of panels to look into the incident and make reform recommendations, and women's activists hope the assault will mark a turning point for the country.

Outside the court, about 50 woman lawyers held a protest, demanding wholesale changes in the criminal justice system to ensure justice for women. "Punish the police, sensitize judiciary, eradicate rape," read one protester's sign.

Indian Chief Justice Altamas Kabir said the accused should be tried swiftly, but cautioned that they needed to be given a fair trial and not be subjected to mob justice.

"Let us not lose sight of the fact that a person is presumed innocent until proven guilty," he told reporters Wednesday, while inaugurating the new fast-track court. "Let us balance things. Let us not get carried away. Provide justice in a fair but swift manner so that faith of people is once again restored that the judiciary is there behind the common man."

The government is to set up four other such courts in the capital to hold timely trials in sexual assault cases, which often get bogged down for years in India's notoriously sluggish court system. The new courts will send the message "that these matters are going to be dealt with seriously," Kabir said.

Many cases never even get to court in a country where there is intense social pressure against families reporting sexual assaults and where women are often blamed for the attacks they suffer. When women do report rapes, police often refuse to file charges and pressure the victims to reach a compromise with their attackers.

In a sign that attitudes toward such behavior might be changing, and that even powerful men are being held accountable, police in the northeastern state of Assam arrested a leader of the ruling Congress party Thursday on accusations he raped a woman in a village in the early hours of the morning.

Footage on Indian television showed the extraordinary scene of local women surrounding the man, ripping off his shirt and repeatedly slapping him across the face.

Police said the man, Bikram Singh Brahma, was visiting the village of Santipur on the Bhutan border when he entered a woman's house and raped her at about 2 a.m. Amid the screams, villagers ran to the home and captured the man, said G.P. Singh, a senior police officer in the area.

"We are taking this issue very seriously," Singh said.

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Associated Press writer Wasbir Hussain contributed to this report from Gauhati, India.

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Fake John le Carré Twitter Account Fakes J.K. Rowling’s Fake Twitter Death

We’ve seen “Cormac McCarthy” Tweet apocalyptic non sequiturs. “Philip Roth” promised us a bite-sized short story. Now a fake Twitter account for British spy novelist John le Carré is spreading bizarre death rumors about J.K. Rowling. After a few days of Tweeting harmless missives, the week-old handle @JLecarre dropped this would-be bombshell on its nearly 2,500 followers Wednesday morning: 

A terrible news. My publisher phones me announcing that J.K. Rowling dies by accident. Few minutes ago. No words!

— John le Carré (@JLecarre) January 2, 2013

OK, there are at least three dead-giveaways that this is a fake account. One: If J.K. Rowling had died, does anyone credibly think John le Carré would be the one breaking the news? Rowling and le Carré don’t even share a publisher—he’s with Penguin and she’s printed by Little, Brown and Company—making this story even more implausible. Two: As noted by le Carré’s literary agent Jonny Geller, the “L” in the author’s name shouldn’t be capitalized, as it is in the handle of this hoax account. Three: Phrases like “a terrible news” and “my publisher phones me” sound more like snippets from an ESL workbook than lines from an author praised for his chilly, controlled prose style. This could again be the work of Italian media troll Tommaso De Benedetti, who copped to creating a fake Philip Roth account recently. “Twitter works well for deaths,” he told The Guardian‘s Tom Kington, describing his M.O. for spreading misinformation about the deaths of public figures like Fidel Castro and Pedro Almodóvar. 

RELATED: Pippa’s Sales Figures Are Nothing to ‘Celebrate’; Salman Rushdie and John le Carré Call Truce

Too bad John le Carrè isn’t actually on Twitter, though. Imagine the flame wars he would get into with longtime adversary Salman Rushdie—who most certainly is on Twitter, and loves using it to throw literate shade. And too bad this isn’t the handiwork of someone with more imagination—someone like the unpublished Scottish novelist behind @cormaccmccarthy. Outed right here on The Atlantic Wire, Michael Crossan at least had the chops to fool Margaret Atwood and Twitter co-founder Jack Dorsey with dead-on spoofs of McCarthy’s writing: 

RELATED: Salman Rushdie’s Video Speech Gets Spiked; The World’s Priciest Books

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Depardieu, in tax fight, gets Russian citizenship

MOSCOW (AP) — Gerard Depardieu, the French actor who has waged a battle against a proposed super-tax on millionaires in his native country, has been granted Russian citizenship.

A brief announcement on the Kremlin website on Thursday revealed that President Vladimir Putin signed the citizenship grant following an application from the actor.

The former Oscar nominee and star of the movie "Green Card" has been vocal in his opposition to French President Francois Hollande's plans to raise the tax on earned income above €1 million ($1.33 million) to 75 percent from the current high of 41 percent. Russia has a flat 13-percent tax rate.

"I have never killed anyone, I don't think I've been unworthy, I've paid €145 million in taxes over 45 years," Depardieu wrote in an open letter in mid-December to Prime Minister Jean-Marc Ayrault, who had called the actor "pathetic."

"I will neither complain nor brag, but I refuse to be called 'pathetic,'" the 64-year-old actor wrote in his response.

A representative for the former Oscar nominee declined to say whether he had accepted the Russian offer, and refused all comment. Thursday was a holiday in Russia and officials from the Federal Tax Service and Federal Migration Service could not be reached for comment on whether the decision would require Depardieu to have a residence in Russia.

Depardieu said in his letter to Ayrault that he would surrender his passport and French social security card. In October, the mayor of a small Belgian border town announced that Depardieu had bought a house and set up legal residence there, a move that was slammed by the newly-elected Socialist government.

Najat Vallaud-Belkacem, the French government spokeswoman, didn't comment directly on Depardieu's tax fight, but drew a clear distinction between people who have personal or professional reasons to live abroad, and "French citizens who proclaim loudly and clearly that they they're exiling themselves for fiscal reasons."

She said Putin's offer "is an exclusive prerogative of the Russian chief of state."

Depardieu has had increasingly high-profile ties with Russia. Last October he visited the capital of Chechnya, Grozny, to celebrate the birthday of Chechen President Ramzan Kadyrov. And in 2011, he was in Russia's Arkhangelsk region to play the lead role in the film "Rasputin."

"You have to understand that Depardieu is a star in Russia," Vladimir Fedorovski, a Russian writer living in France, told the network Europe 1 on Thursday. "There are crowds around Depardieu. He's a symbol of France. He's a huge ambassador of French culture."

Though France's highest court struck down the two-year tax on Dec. 29, the government has promised to resubmit the law in a slightly different form soon. On Wednesday it estimated that the court decision to overturn the tax would cost it €210 million in 2013.

In an interview published Sunday, Depardieu told the Sunday Parisien that the court decision made no difference.

France's debt burden is around 90 percent of national income — not far off levels that have caused problems elsewhere in the 17-country eurozone.

Depardieu has made more than 150 films, among them the 1991 comedy "Green Card" about a man who enters into a marriage of convenience in order to get U.S. residency. Most famously, Depardieu was nominated for an Academy Award for his role as Cyrano de Bergerac in the 1990 film by the same name.

The Kremlin statement gave no information on why Putin made the citizenship grant, but the Russian president expressed sympathy with the actor in December, days after Depardieu reportedly said he was considering Russian citizenship.

"As we say, artists are easily offended and therefore I understand the feelings of Mr. Depardieu," Putin said.

Although France and Russia disagree sharply about how to resolve the civil war in Syria, the two countries have strong commercial relations. In 2011, Russia signed a contract worth more than €1 billion ($1.33 billion) Friday to buy two French warships — the largest military deal between a NATO country and Moscow.

Depardieu is well known in Russia, where he appears in an ad for Sovietsky Bank's credit card and is prominently featured on the bank's home page.

Depardieu is not the only high-profile Frenchman to object to the super-tax. Bernard Arnault — chief of the luxury goods and fashion giant LVMH and worth an estimated $41 billion — has also said he would leave for Belgium.

France's Civil Code says one must have another nationality in order to give up French citizenship because it is forbidden to be stateless. Thursday's decision by the Kremlin appears to fulfill that requirement.

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Hinnant contributed from Paris. Silvie Corbet also contributed from Paris.

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Flu? Malaria? Disease forecasters look to the sky

NEW YORK (AP) — Only a 10 percent chance of showers today, but a 70 percent chance of flu next month.

That's the kind of forecasting health scientists are trying to move toward, as they increasingly include weather data in their attempts to predict disease outbreaks.

In one recent study, two scientists reported they could predict — more than seven weeks in advance — when flu season was going to peak in New York City. Theirs was just the latest in a growing wave of computer models that factor in rainfall, temperature or other weather conditions to forecast disease.

Health officials are excited by this kind of work and the idea that it could be used to fine-tune vaccination campaigns or other disease prevention efforts.

At the same time, experts note that outbreaks are influenced as much, or more, by human behavior and other factors as by the weather. Some argue weather-based outbreak predictions still have a long way to go. And when government health officials warned in early December that flu season seemed to be off to an early start, they said there was no evidence it was driven by the weather.

This disease-forecasting concept is not new: Scientists have been working on mathematical models to predict outbreaks for decades and have long factored in the weather. They have known, for example, that temperature and rainfall affect the breeding of mosquitoes that carry malaria, West Nile virus and other dangerous diseases.

Recent improvements in weather-tracking have helped, including satellite technology and more sophisticated computer data processing.

As a result, "in the last five years or so, there's been quite an improvement and acceleration" in weather-focused disease modeling, said Ira Longini, a University of Florida biostatistician who's worked on outbreak prediction projects.

Some models have been labeled successes.

In the United States, researchers at Johns Hopkins University and the University of New Mexico tried to predict outbreaks of hantavirus in the late 1990s. They used rain and snow data and other information to study patterns of plant growth that attract rodents. People catch the disease from the droppings of infected rodents.

"We predicted what would happen later that year," said Gregory Glass, a Johns Hopkins researcher who worked on the project.

More recently, in east Africa, satellites have been used to predict rainfall by measuring sea-surface temperatures and cloud density. That's been used to generate "risk maps" for Rift Valley fever — a virus that spreads from animals to people and in severe cases can cause blindness or death. Researchers have said the system in some cases has given two to six weeks advance warning.

Last year, other researchers using satellite data in east Africa said they found that a small change in average temperature was a warning sign cholera cases would double within four months.

"We are getting very close to developing a viable forecasting system" against cholera that can help health officials in African countries ramp up emergency vaccinations and other efforts, said a statement by one of the authors, Rita Reyburn of the International Vaccine Institute in Seoul, South Korea.

Some diseases are hard to forecast, such as West Nile virus. Last year, the U.S. suffered one of its worst years since the virus arrived in 1999. There were more than 2,600 serious illnesses and nearly 240 deaths.

Officials said the mild winter, early spring and very hot summer helped spur mosquito breeding and the spread of the virus. But the danger wasn't spread uniformly. In Texas, the Dallas area was particularly hard-hit, while other places, including some with similar weather patterns and the same type of mosquitoes, were not as affected.

"Why Dallas, and not areas with similar ecological conditions? We don't really know," said Roger Nasci of the Centers for Disease Control and Prevention. He is chief of the CDC branch that tracks insect-borne viruses.

Some think flu lends itself to outbreak forecasting — there's already a predictability to the annual winter flu season. But that's been tricky, too.

Seasonal flu reports come from doctors' offices, but those show the disease when it's already spreading. Some researchers have studied tweets on Twitter and searches on Google, but their work has offered a jump of only a week or two on traditional methods.

In the study of New York City flu cases published last month in the Proceedings of the National Academy of Sciences, the authors said they could forecast, by up to seven weeks, the peak of flu season.

They designed a model based on weather and flu data from past years, 2003-09. In part, their design was based on earlier studies that found flu virus spreads better when the air is dry and turns colder. They made calculations based on humidity readings and on Google Flu Trends, which tracks how many people are searching each day for information on flu-related topics (often because they're beginning to feel ill).

Using that model, they hope to try real-time predictions as early as next year, said Jeffrey Shaman of Columbia University, who led the work.

"It's certainly exciting," said Lyn Finelli, the CDC's flu surveillance chief. She said the CDC supports Shaman's work, but agency officials are eager to see follow-up studies showing the model can predict flu trends in places different from New York, like Miami.

Despite the optimism by some, Dr. Edward Ryan, a Harvard University professor of immunology and infectious diseases, is cautious about weather-based prediction models. "I'm not sure any of them are ready for prime time," he said.

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Sandy Hook students resume classes for first time school shooting

A sign welcoming Sandy Hook students is displayed across the street from Chalk Hill School. (Dylan Stableford)

MONROE, Conn.--Sandy Hook School students--many accompanied by their parents--resumed classes at a retrofitted school here on Thursday morning, less than a month after a gunman opened fire at their elementary school in Newtown, killing 20 children and 6 adults, including principal Dawn Hochsprung, in one of the deadliest school shootings in U.S. history.

Classes were set to begin shortly after 9 a.m. at Chalk Hill School, roughly six miles away from their former home in Sandy Hook. Volunteers spent several weeks moving furniture from Sandy Hook School to the new facility, as school officials tried to completely re-create classrooms in an effort to make students as comfortable as possible--right down, they said, to the way crayons were left on their desks.

[Slideshow: Signs of support welcome children back]

On Wednesday, Newtown Schools Superintendent Janet Robinson announced Chalk Hill would be renamed Sandy Hook Elementary.

“The students coming in completes the circle,” Robinson said. "That's what's missing right now--getting our students back."

"Schools are where children typically spend the largest part of their day," Robinson wrote in a separate letter to parents. "Re-establishing routines following any disaster has been found to promote resiliency while also reducing the negative effects of a tragedy like that which occurred in our school. We all find safety and predictability in our routines and children are no different."

Parents were encouraged to attend school with their children on Thursday, though not ride with them on buses.

"I want to reassure you that we understand many parents may need to be near their children on their first day(s) of school and you will be welcome," interim principal Donna Page wrote in a letter to parents. "That being said, we encourage students to take the bus to school in order to help them return to familiar routines as soon as possible. Parents choosing to join their children may come to school after our 9:07 a.m. opening and will be welcome in the classroom or the auditorium throughout the day."

[Slideshow: Scenes from Newtown, Connecticut]

A note on the school's website warned that parking for parents "may pose some challenges" and that shuttle buses would be provided from an overflow lot at a nearby church.

To "ensure a safe and secure environment," Page continued, "we ask that no more than one adult family member accompany his/her child."

New security systems were installed at the former middle school in the wake of the shooting. Earlier this week, Newtown Councilman Steve Vavrek said Chalk Hill would be "the safest school in America."

Other public schools in Newtown reopened within a week of the shootings, but Sandy Hook Elementary has remained closed since Dec. 14, when 20-year-old gunman Adam Lanza shot his way into the school and opened fire before turning a gun on himself. Lanza also killed his mother in their Newtown home before going on the rampage.

"I want parents and families enduring the loss of their precious children to know their loved ones are foremost in our hearts and minds as we move forward," Page also wrote. "We recognize your needs are paramount in our preparations and planning. Your strength and compassion has been and will continue to be an inspiration to me and countless others as we work to honor the memory of your precious children and our beloved staff."

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Myanmar fetes 2013 with first public countdown

YANGON, Myanmar (AP) — Myanmar rang in 2013 with its first public New Year's Eve countdown and a grand fireworks display, a celebration unprecedented in the former military-ruled country.

The party is the latest, and perhaps most exuberant, example of the country's emergence from decades of isolation.

Organizers announced that about 90,000 people gathered at the countdown venue, a large field in Yangon, for a chance to do what much of the world does every Dec. 31.

Hundreds of people danced and swayed to musical performances on a huge colorfully lit stage, while other revelers — both young and old — sat on mats they brought with them or perused food stalls as fireworks burst above.

"This is very exciting and also our first experience in celebrating the New Year at a big countdown gathering. We feel like we are in a different world," said Yu Thawda, a university student who came with three of her friends.

Against a backdrop of the city's famed Shwedagon Pagoda, a large screen showed live New Year's Eve countdowns in Singapore, Malaysia, Indonesia and Thailand, followed by a 60-second countdown to 2013 in Myanmar.

Singers, celebrities, light shows and other festivities were part of the public party — something unthinkable under the former military regime, which banned public gatherings, with the recent exception of the traditional Myanmar New Year in April.

Until this year, New Year's Eve was celebrated privately or inside hotels, but there were no open celebrations. Under the military regime the only grand fireworks displays were in honor of Armed Forces Day, an annual celebration of military might.

The reformist government that took office last year urged the public to go out and have fun.

"This event is a very good outlet, particularly for young people," said presidential adviser Ko Ko Hlaing, adding that celebrations like this can "help build mutual understanding between the people and the government."

President Thein Sein has freed hundreds of political prisoners, abolished direct media censorship and allowed public protests as part of a democratic transition that has surprised the outside world.

Many in Myanmar, however, remain skeptical. While people in big cities say they live more freely, they also say the reforms have not improved their livelihoods. People in rural areas of grinding poverty cite continuing human rights issues, abuse of power and abysmal health care.

"People are feeling insecure psychologically, but a public celebration will make people feel light and happy and ease the tension," Ko Ko Hlaing said.

Organizers billed the event as "the first time Myanmar celebrates with the world."

The celebration was arranged by local Forever Media group and Index Creative Village, a Thai event organizer.

"We want residents of Yangon to enjoy the public countdown like in other countries," said Win Thura Hlaing, a spokesman for Forever Media group.

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Associated Press writer Yadana Htun contributed to this report.

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Your Snapchats aren’t safe: How to secretly save videos from Snapchat or Facebook’s ‘Poke’

Argue though its executives might, Snapchat is good for two things: sending photos and videos of yourself making stupid faces, and sending photos and videos of yourself naked. The latter, of course, is the more compelling function since that is exactly what the app was designed for. When users send pictures or videos, the recipient can only view them for a set amount of time before they “self-destruct.” Yes, a recipient can take a screenshot but the sender is automatically alerted when that occurs — then, as the saying goes, fool me once… As it turns out, however, Snapchat users (and users of “Poke,” Facebook’s (FB) Snapchat ripoff) can easily save photos and full-length videos received through the service without the sender ever knowing.

[More from BGR: Five tech resolutions for 2013]

As recently relayed by BuzzFeed’s Katie Notopoulos, saving photos and videos from Snapchat or Poke is as easy as connecting a phone to a computer and opening a file browser. The file browser is free and the “trick” requires no jailbreak or any other kind of hack.

[More from BGR: Can Samsung survive without Android?]

Start by leaving the photos and videos you receive in Snapchat or Poke unopened; as soon as a file is viewed, the countdown to its deletion begins.

Then simply connect to a computer and open a free iPhone file explorer like i-FunBox. Open the “User Applications” folder, navigate to the “Snapchat” entry and voilà, all of the photos and videos you have received and not yet opened are available to be copied to your computer’s hard drive.

Then go back and view them normally in the app and the sender will be none the wiser.

The file path is a bit different for Facebook’s Poke app but the end result is the same.

This article was originally published by BGR

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Jon Stewart to host Grammy's MusiCares tribute

LOS ANGELES (AP) — Jon Stewart is hosting the MusiCares salute to Bruce Springsteen.

The Recording Academy also announced Wednesday that Elton John, Neil Young, Mumford & Sons, Sting, Mavis Staples and Kenny Chesney will be among more than a dozen performers who will help pay tribute to Springsteen during the Feb. 8 benefit concert, held in Los Angeles two days before the Grammy Awards.

Springsteen is MusiCare's person of the year, an award given to a performer who is notable both artistically and philanthropically. The sold-out concert will benefit MusiCare's emergency financial assistance and addiction recovery programs.

Other performers scheduled to appear include Juanes, Tim McGraw and Faith Hill, Jackson Browne and Alabama Shakes.

Stewart is the host of Comedy Central's "The Daily Show With Jon Stewart."

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Online:

http://grammy.com

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Brain image study: Fructose may spur overeating

This is your brain on sugar — for real. Scientists have used imaging tests to show for the first time that fructose, a sugar that saturates the American diet, can trigger brain changes that may lead to overeating.

After drinking a fructose beverage, the brain doesn't register the feeling of being full as it does when simple glucose is consumed, researchers found.

It's a small study and does not prove that fructose or its relative, high-fructose corn syrup, can cause obesity, but experts say it adds evidence they may play a role. These sugars often are added to processed foods and beverages, and consumption has risen dramatically since the 1970s along with obesity. A third of U.S. children and teens and more than two-thirds of adults are obese or overweight.

All sugars are not equal — even though they contain the same amount of calories — because they are metabolized differently in the body. Table sugar is sucrose, which is half fructose, half glucose. High-fructose corn syrup is 55 percent fructose and 45 percent glucose. Some nutrition experts say this sweetener may pose special risks, but others and the industry reject that claim. And doctors say we eat too much sugar in all forms.

For the study, scientists used magnetic resonance imaging, or MRI, scans to track blood flow in the brain in 20 young, normal-weight people before and after they had drinks containing glucose or fructose in two sessions several weeks apart.

Scans showed that drinking glucose "turns off or suppresses the activity of areas of the brain that are critical for reward and desire for food," said one study leader, Yale University endocrinologist Dr. Robert Sherwin. With fructose, "we don't see those changes," he said. "As a result, the desire to eat continues — it isn't turned off."

What's convincing, said Dr. Jonathan Purnell, an endocrinologist at Oregon Health & Science University, is that the imaging results mirrored how hungry the people said they felt, as well as what earlier studies found in animals.

"It implies that fructose, at least with regards to promoting food intake and weight gain, is a bad actor compared to glucose," said Purnell. He wrote a commentary that appears with the federally funded study in Wednesday's Journal of the American Medical Association.

Researchers now are testing obese people to see if they react the same way to fructose and glucose as the normal-weight people in this study did.

What to do? Cook more at home and limit processed foods containing fructose and high-fructose corn syrup, Purnell suggested. "Try to avoid the sugar-sweetened beverages. It doesn't mean you can't ever have them," but control their size and how often they are consumed, he said.

A second study in the journal suggests that only severe obesity carries a high death risk — and that a few extra pounds might even provide a survival advantage. However, independent experts say the methods are too flawed to make those claims.

The study comes from a federal researcher who drew controversy in 2005 with a report that found thin and normal-weight people had a slightly higher risk of death than those who were overweight. Many experts criticized that work, saying the researcher — Katherine Flegal of the Centers for Disease Control and Prevention — painted a misleading picture by including smokers and people with health problems ranging from cancer to heart disease. Those people tend to weigh less and therefore make pudgy people look healthy by comparison.

Flegal's new analysis bolsters her original one, by assessing nearly 100 other studies covering almost 2.9 million people around the world. She again concludes that very obese people had the highest risk of death but that overweight people had a 6 percent lower mortality rate than thinner people. She also concludes that mildly obese people had a death risk similar to that of normal-weight people.

Critics again have focused on her methods. This time, she included people too thin to fit what some consider to be normal weight, which could have taken in people emaciated by cancer or other diseases, as well as smokers with elevated risks of heart disease and cancer.

"Some portion of those thin people are actually sick, and sick people tend to die sooner," said Donald Berry, a biostatistician at the University of Texas MD Anderson Cancer Center in Houston.

The problems created by the study's inclusion of smokers and people with pre-existing illness "cannot be ignored," said Susan Gapstur, vice president of epidemiology for the American Cancer Society.

A third critic, Dr. Walter Willett of the Harvard School of Public Health, was blunter: "This is an even greater pile of rubbish" than the 2005 study, he said. Willett and others have done research since the 2005 study that found higher death risks from being overweight or obese.

Flegal defended her work. She noted that she used standard categories for weight classes. She said statistical adjustments were made for smokers, who were included to give a more real-world sample. She also said study participants were not in hospitals or hospices, making it unlikely that large numbers of sick people skewed the results.

"We still have to learn about obesity, including how best to measure it," Flegal's boss, CDC Director Dr. Thomas Frieden, said in a written statement. "However, it's clear that being obese is not healthy - it increases the risk of diabetes, heart disease, cancer, and many other health problems. Small, sustainable increases in physical activity and improvements in nutrition can lead to significant health improvements."

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Online:

Obesity info: http://www.cdc.gov/obesity/data/trends.html

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

Mike Stobbe can be followed at http://twitter.com/MikeStobbe

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Tax deal in place to avert fiscal cliff, Congress gets ready for fights

WASHINGTON (AP) — Congress' excruciating, extraordinary New Year's Day approval of a compromise averting a prolonged tumble off the fiscal cliff hands President Barack Obama most of the tax boosts on the rich that he campaigned on. It also prevents House Republicans from facing blame for blocking tax cuts for most American households, though most GOP lawmakers parted ways with Speaker John Boehner and opposed the measure.

Passage also lays the groundwork for future battles between the two sides over federal spending and debt.

Capping a holiday season political spectacle that featured enough high and low notes for a Broadway musical, the GOP-run House voted final approval for the measure by 257-167 late Tuesday. That came after the Democratic-led Senate used a wee-hours 89-8 roll call to assent to the bill, belying the partisan brinkmanship that colored much of the path to the final deal.

"A central promise of my campaign for president was to change the tax code that was too skewed towards the wealthy at the expense of working middle-class Americans," Obama said at the White House before flying to Hawaii to resume his holiday break. "Tonight we've done that."

The bill would boost the top 35 percent income tax rate to 39.6 percent for incomes exceeding $400,000 for individuals and $450,000 for couples, while continuing decade-old income tax cuts for everyone else. In his re-election campaign last year Obama had vowed to boost rates on earnings at somewhat lower levels — $200,000 for individuals and $250,000 for families.

Scores of GOP lawmakers voted for the measure, reversing a quarter-century of solid Republican opposition to boosting any tax rates at all.

The bill would also raise taxes top earners pay on dividends, capital gains and inherited estates; permanently stop the alternative minimum tax from raising levies on millions of middle-income families; extend expiring jobless benefits; prevent cuts in Medicare reimbursements to doctors; and delay for two months billions in budget-wide cuts in defense and domestic programs slated for this year.

Both sides lamented their failure to reach a significant deficit-cutting agreement. But neither much mentioned another omission: The immediate expiration of a two-year, 2-percentage-point cut in the Social Security payroll tax.

That break, which put an extra $1,000 in the wallets of typical families earning $50,000 a year, was an Obama priority two years ago as a way to boost consumer spending and spark the flagging economy, but it fell victim this time to other priorities.

House Democrats voted by an overwhelming 172-16 for the agreement, which was crafted over the weekend by Senate Minority Leader Mitch McConnell, R-Ky., and Vice President Joe Biden.

But Republicans tilted against it 151-85. It is rare for leaders to bring a bill to the House floor that will be opposed by most lawmakers from their own party, and the decision underscored the pressure GOP leaders felt to approve the legislation.

Boehner, R-Ohio, took no public stance on the measure before the vote. But he guided the compromise to the House floor after an unsuccessful attempt by many conservatives to persuade leaders to add spending cuts to the bill.

Had the House inserted those budget cuts and the Senate refused to consider them, the legislation could have died. That left House Republicans worried that voters might blame them for a huge, sweeping tax increase and for any swoon the nation's financial markets might take when they reopened Wednesday.

"You can be right and you can be dead right. Which is it?" said Rep. Rich Nugent, R-Fla., of the quandary Republicans faced. "Right now you need to take the tax issue off the table" and move on to a focus on curbing spending, he said.

Boehner voted for the bill, an unusual step because speakers seldom vote, and he was joined by Rep. Paul Ryan, R-Wis., the GOP's vice presidential candidate last fall. Voting "no" were the other two top GOP leaders, Reps. Eric Cantor of Virginia and Kevin McCarthy of California.

Passage came nearly 24 hours after a decade's worth of tax cuts enjoyed by tens of millions of Americans expired with the stroke of the new year, technically raising taxes by more than $500 billion in 2013 alone.

Those tax increases — plus $109 billion in defense and domestic spending cuts that were to be automatically triggered Wednesday — became known as the fiscal cliff. Economists warned that their combined impact would hurl the economy back into recession, but Obama's signature on the bill would prevent the "cliff" from taking hold.

Obama can sign the bill remotely using a machine called an "autopen," or the bill can be flown to Hawaii for his signature.

Overall, the legislation would add nearly $4 trillion to federal deficits over the next decade compared with what would have happened had all the tax cuts expired, according to the nonpartisan Congressional Budget Office.

"I'm embarrassed for this generation. Future generations deserve better," complained one foe, Rep. Louie Gohmert, R-Texas.

The agreement's journey to passage was a tortured one. It included negotiations between Obama and Boehner on a larger, deficit-cutting deal that collapsed, and a failed effort by the speaker to drum up enough GOP votes to pass a "Plan B" that would have limited tax boosts to incomes exceeding $1 million.

It took weekend talks between McConnell and Biden, former Senate colleagues, to craft the more modest package that focused on averting the worst impacts of the fiscal cliff while postponing any deficit reduction efforts to coming months.

Those first showdowns will come over the next three months, when the government's legal ability to borrow money will expire and temporary financing for federal agency budgets will expire. Republicans have already said that, as they did in 2011, they will demand spending cuts as a condition for extending the debt ceiling.

"Now the focus turns to spending" and overhauling the tax code, Boehner said in a written statement after the vote. He said the GOP will fight for "significant spending cuts and reforms to the entitlement programs that are driving our country deeper and deeper into debt," a reference to costly benefit programs like Medicare, Social Security and Medicaid.

Spending cuts are "going to be a component of every single battle we have" in the new Congress, conservative GOP Rep. Marsha Blackburn of Tennessee told CNN on Wednesday.

Obama, in his White House remarks, said that while he was open to compromise, he would demand deficit-cutting savings from added revenue on the well-off, not just spending cuts.

He also pointedly said he would "not have another debate with this Congress" over extending the federal borrowing limit.

"If Congress refuses to give the United States government the ability to pay these bills on time, the consequences for the entire global economy would be catastrophic — far worse than the impact of a fiscal cliff," he said.

Though its focus was on taxes, the measure approved Tuesday would prevent a potential doubling of milk prices and prevent a $900 salary increase for members of Congress in March. Its extension of jobless benefits would help 2 million people out of work at least six months, and it would prevent a 27 percent cut in reimbursements doctors get for treating Medicare patients.

Weighing in with criticism of the compromise were the chief authors of an influential bipartisan deficit-cutting proposal, former GOP Sen. Alan Simpson and Democrat Erskine Bowles, a former White House chief of staff under President Bill Clinton. They called the measure "truly a missed opportunity to do something big to reduce our long term fiscal problems."

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AP reporters David Espo, Charles Babington, Andrew Taylor and Larry Margasak contributed to this report.

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