Appeals court throws out Miami judge’s controversial fingerprint ruling

An appeals court has thrown out a Miami-Dade criminal court judge’s controversial ruling restricting long-accepted fingerprint evidence.

The Third District Court of Appeals this week ruled that Circuit Judge Milton Hirsch should have removed himself from the case before issuing his ruling.

The reason: Hirsch had earlier told two prosecutors that he would remove himself from similar cases because he harbored “preconceived opinions on the subject of fingerprints.”

In October, Hirsch ruled that a police fingerprint examiner could not testify that he identified a conclusive fingerprint “match” for Miami’s Radames Borrego, who is accused of two burglaries.

The judge’s ruling raised eyebrows among legal observers because U.S. courts have long allowed experts to testify to jurors that the accused person’s fingerprint is unique to him or her.

The appeals court did not rule specifically on Hirsch’s fingerprint order, but nevertheless threw it out, saying the judge should not have presided over the case. It is unclear whether Hirsch will be able to preside over future criminal court cases involving fingerprint evidence.

Hirsch, a former president of the Florida Association of Criminal Defense Lawyers and a law school professor who wrote a book on state criminal trial procedure, is well-known in South Florida’s legal community. He was elected in May 2010.

The judge — who often quotes Shakespeare in lengthy orders — often delves into polemic legal waters.

In 2010, when a Tampa federal judge ruled that Florida’s drug law was unconstitutional, Hirsch was the only local state judge to follow suit. He threw out more than two dozen cases, but the same Miami’s appeals court later reversed Hirsch.

Late last year, Hirsch from the bench criticized relatives of a murder victim after they criticized him in a Spanish-language television interview. After he declined to recuse himself from the case, the Third DCA booted him from the case.

Also last year, the same appeals court said Hirsch “did not have jurisdiction” when he filled in for a fellow judge, then reversed that judge’s decision to keep behind bars a man accused of violating a restraining order.

Hirsch will be ruling on a high-profile case next week.

Lawyers for Sergio Robaina, accused of voter fraud, have asked Hirsch to throw out two misdemeanors charged under a county ordinance prohibiting possession of more than two absentee ballots. The ordinance is unconstitutional, they claim.

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Cycling-No sympathy for Armstrong on social media

LONDON, Jan 21 (Reuters) – Lance Armstrong’s televised doping confession has done nothing to restore his shattered reputation, a study of responses posted to the Twitter social media site showed.

“What was particularly noticeable in our analysis of the Armstrong revelation was the sheer lack of sympathy out there,” said Charlie Dundas of sports market research company Repucom.

“The tone of the discussion around the Oprah Winfrey interview highlighted the level of disappointment and anger that exists. It’s clear the public are far from ready to forgive Lance Armstrong,” he added.

In the interview, Armstrong admitted to using performance-enhancing drugs on his way to his seven Tour de France titles. The Texan also said he hoped a lifetime ban would one day be lifted to allow him to compete in events like marathons.

The Armstrong interview generated 1.9 million Twitter posts between Jan. 14-20, Repucom said. America accounted for more than a quarter of these, with Australia the second most active nation on the site. (Writing by Keith Weir, editing by Mark Meadows)

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Jane Kaczmarek Guest Stars on 'Jake in the Never Land of Pirates'

Jane Kaczmarek, best known for her role as the mother on Malcolm in the Middle, recently headed to the vocal booth for an episode of the Disney animated series Jake in the Never Land of Pirates. Watch ETonline's exclusive clip to see if you can recognize her voice.

In her guest appearance on the series, Kaczmarek plays an adventurous pirate named "Red Jessica," which makes her normal voice nearly indiscernible with the accent she puts on for the role.

PIC: 'Malcom in the Middle' Cast Reunion

This isn't the first time that Kaczmarek has taken on an animated role, as she has held an ongoing voice role on The Simpsons as "Judge Constance Harm" since 2001.

Since the finale of Malcolm in the Middle in 2006, Kaczmarek has acted on various short-running TV shows and has guest-starred on shows from Wilfred to The Middle and plays the recurring role of Whitney Cummings' mother on Whitney.

PICS: Malcolm''s Mom Plays a Cougar in 'Raising the Bar'

Check out your exclusive clip in the video above and watch Kaczmarek's full animated appearance on Jake in the Never Land of Pirates Friday (Jan. 25) at 8:30 a.m. on Disney Channel.

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Bath salts bust in Hell's Kitchen

Byron Smith

Police at the scene on West 54th Street where officials had suspected a meth lab — cops found illegal bath salts instead.

Something foul is cooking in Hell’s Kitchen.

Police raided a West 54th Street co-op and found pounds of the illegal designer drug "bath salts" in a possible drug lab after neighbors complained that apartment smelled of cat urine, sources and witnesses said.

“One officer said, ‘I don't want to go in there,” said Chelsea Blakeburn, 20, who lives next to the third floor apartment and smelled the stench.

Blackburn said that a neighbor upstairs in the five story walk up — which is two blocks from a police precinct — was the one who called authorities.

Pounds of a white substance, believed to be illegal bath salts, were found in the apartment’s refrigerator along with beakers, according to police sources.

Bath salts are a low-grade synthetic drug with effects similar to cocaine and methamphetamine.

A 44-year old man who lives in the apartment is being questioned by police, but has not been charged, police said.

Neighbors describe the man as “bizarre and strange.”

DEP has not finished testing the substance and will make a final determination.

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Series for Miami’s emerging art collectors begins Thursday

For art enthusiasts interested in bring their interest home, Miami’s Bakehouse Art Complex is hosting a lecture series for emerging collectors. The first panel, slated for Thursday at 6 p.m., features arists and curators who will talk about fine tuning your taste and learning to make informed decisions. The second session, Feb. 7, is oriented to the mechanics of purchasing. The third, on Feb. 21, explores how to manage your collection.

Moderating all three panels will be Denise Gerson, independent curator who served as associate director for the Lowe Museum of Art for 24 years. Cost is $25 per session or $60 for the series. Seating is limited; reservations are recommended.

Information at 305-576-2828; www.bacfl.org.

Jane Wooldridge

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Cuban exile mother of poet laureate Richard Blanco now in spotlight as his inspiration

At first, Geysa Blanco thought her son was kidding.

"He said, ‘Mom, I have news for you,’ " Blanco said, recalling the telephone call from her son a few weeks ago.

"Between English and Spanish, he told me that they had chosen him to write and read a poem at the presidential inauguration,” she said.

But Richard Blanco, a child of exiles who was raised in Miami and graduated from Florida International University, was serious.

The Barack Obama inaugural committee chose the 44-year-old Cuban-American civil engineer and author to recite an original poem at Monday’s inauguration.

Richard Blanco has also been speechless. “It took me 10 minutes to remember what the word for inauguration is in Spanish," he said in a telephone interview Sunday from Washington, D.C., less than 24 hours before taking center stage.

Blanco, who now lives in Maine, will become the first Hispanic inaugural poet and the first openly gay one. He is also only the fifth and youngest poet in the exclusive club of poets.

The first was Robert Frost, who in 1961 wrote a poem for the inauguration of John F. Kennedy.

Then in 1993, Bill Clinton chose the African-American writer Maya Angelou. William Miller was chosen for Clinton’s second inauguration, and Elizabeth Alexander wrote the poem for Obama’s first ceremony.

In a statement, Obama said Blanco’s work represents "the great strength and diversity of the American people."

This diversity and strength could be reflected in the story of the poet’s Cuban exile mother.

"She is a very brave woman and has worked hard all her life for my brother and me," Blanco said.

During an interview at her Westchester home, Geysa Blanco, 75, said that it still seems surreal that a woman who grew up in a sugar refinery in Cienfuegos will stand in front of the National Capitol, watching her son recite a poem for the nation and the president of the United States.

“My son said reporters might want to interview me and I said, ‘Me? What for?’ ” Geysa Blanco said. Indeed, local reporters and TV cameras have come knocking and the proud mother has given several interviews.

Geysa Blanco has also become a celebrity among her neighbors, friends and customers at Regions Bank on Bird Road, where she has worked for more than 30 years.

The roots of Richard Blanco’s writing began in 1968 when his parents fled the Communist island and went into exile in Spain. At the time, Geysa Blanco, a teacher, was pregnant and she and her late husband Carlos, already had an older son, also named Carlos.

"We decided to leave Cuba because the government was becoming more and more difficult to live under," she said. "But it was very painful for me because I left my mother and brothers behind and came here virtually alone and with nothing."

After five months in Spain, where she gave birth to Richard, they emigrated to New York.

As a boy, she said Richard always had an interest in exploring his Cuban roots.

"I always had questions about Cuba, about the family we left there," he said. On his website he refers to himself as being “made in Cuba, assembled in Spain, and imported to the U.S.”

That sense of not belonging and trying to belong seeps through his books of poetry, which often feature his family and their efforts hold on to their traditions.

When Richard was about 5 and Carlos 11, the family moved to the closest place to Cuba – Miami. His mother went to work in a supermarket and later landed her bank job.

"We lived three generations in one house, my husband’s parents, my husband and I, and Charles and Richard," the poet’s mother said. "Sometimes it was hard because grandparents are not accustomed to the modern ways of young people.”

Today, she laments that those family members are gone. “I wish Richard’s father and grandparents were here to enjoy this day,” she said.

Richard Blanco did get to visit the homeland his parents yearned for when he was growing up.

"Everyone thought he wasn’t going to speak Spanish and was going to feel uncomfortable," Geysa Blanco said of her relatives on the island. "But they were surprised because he picked yucca in the fields, jumped in the canals and danced a lot, just like everyone else.”

That trip as a young man would shape the poet’s future work, his mother said. "I think that’s where he caught the bug to write about his roots," she said.

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Notre Dame hoax tip was emailed: Deadspin.com editor

CHICAGO (Reuters) – The tip that led to the revelation that one of the most widely recounted U.S. sports narratives of the past year was a hoax came to the editors of an online sports blog as many of their news tips do: an unsolicited email.

That email led Deadspin.com assignment editor Timothy Burke on the hunt of a story that exposed the heart-wrenching tale of standout Notre Dame linebacker Manti Te’o's dead girlfriend as a fabrication, Burke said on CNN on Thursday.

Te’o sprang to national prominence last fall when the senior co-captain was seen heroically leading the Fighting Irish to an underdog victory against the Michigan State Spartans within days of learning his grandmother had died. Moreover, it was widely reported, Te’o's girlfriend had died of leukemia just hours after his grandmother’s death.

From that point, Te’o's narrative was a prominent feature in coverage of the team, which has a dedicated following and whose games are televised nationally each week.

Notre Dame went on to an undefeated regular season, culminating in a berth in the national championship game, which the Fighting Irish lost to the Alabama Crimson Tide on January 7.

“We got an email last week at Deadspin.com that said ‘Hey, there’s something real weird about Lennay Kekua, Manti Te’o's allegedly dead girlfriend. You guys should check it out,’” Burke said.

The email prompted Burke and co-author Jack Dickey to begin searching online for background on Kekua. “So we start Googling the name Lennay Kekua. We can’t find any evidence of this person that wasn’t attached to stories about her being Manti Te’o's dead girlfriend.”

Their investigation led about a week later to a 4,000-word expose, published Wednesday under the headline “Blarney,” that painstakingly debunked the story of Kekua’s existence. The story went viral online.

Within hours of its publication, officials at Notre Dame, one of the most powerful institutions in college football and U.S. collegiate athletics overall, held a hastily organized press conference to assert that Te’o had been duped in a hoax perpetrated by a friend of his.

The girlfriend, who called herself Kekua and claimed to be a Stanford University graduate, was merely an online persona who “ingratiated herself with Manti and then conspired with others to lead him to believe she had tragically died of leukemia,” university spokesman Dennis Brown said in a statement.

Notre Dame Athletic Director Jack Swarbrick said the university learned of the hoax from Te’o on December 26. Te’o answered questions forthrightly and private investigators uncovered several things that pointed to Te’o being a victim in the case, Swarbrick said.

Deadspin’s Burke said he remains skeptical of this being a hoax perpetrated on Te’o rather than by Te’o.

“Ask yourself why and what incentive a person would have to execute such a lengthy, time-consuming and expensive con that would involve multiple people and essentially consume his entire life just to screw around with a guy that he knows?” Burke said on CNN.

Deadspin.com said the woman whose photograph was frequently shown on TV and in news reports about Kekua was actually a young California woman who had never met or communicated with Te’o. The website declined to identify her by name.

On Thursday, TV newsmagazine “Inside Edition” said the woman in the photograph was a 23-year-old marketing professional in Los Angeles named Diane O’Meara. Inside Edition, which is syndicated by CBS Television Distribution, said O’Meara was a former classmate of one of Te’o's friends. It Aredid not give the friend’s name.

In the expose published Wednesday, Deadspin.com said a friend of Te’o's named Ronaiah Tuiasosopo was “the man behind” the hoax.

Outside Tuiasosopo’s home in Palmdale, California on Thursday, a member of his family who did not identify himself told reporters, “Please, we have no comment. Please respect that.”

The Te’o hoax is the latest black eye Notre Dame’s legendary football program has suffered in recent years.

In 2011, the school was fined $ 42,000 by an Indiana agency over the death of football videographer Declan Sullivan, 20, who died in October 2010 after a hydraulic lift he was using to record practice toppled over in high winds.

In 2010, Elizabeth “Lizzy” Seeberg, a freshman at nearby St. Mary’s College, killed herself ten days after accusing a Notre Dame football player of sexual battery. Her family began questioning the campus police department’s reluctance to gather evidence and a 15-day delay in interviewing the accused.

After a federal investigation into the matter, the school agreed to revise its policies on sexual misconduct.

(Additional reporting by Dan Burns, Dana Feldman, David Bailey and Mary Wisniewski.; Editing by Vicki Allen, Greg McCune and Andrew Hay)

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Gayle King Reacts to Oprah Winfrey Interview with Lance Armstrong

ET's Rocsi Diaz chatted with Oprah Winfrey's best friend Gayle King on Sunday, where the CBS This Morning co-anchor revealed that Lance Armstrong wasn't the only one with a lot at stake during last week's interview.

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"I've only seen [Oprah] nervous twice -- Michael Jackson, back in the day that was live, and with Lance Armstrong," Gayle said at The Daily Beast/Newsweek bipartisan brunch. "She knew that there was a lot at stake. She knew that people would be watching her and she knew that people would be watching him."

Those nerves may have brought out the best in Lady O, as Gayle revealed Oprah's preparation leading up to the sit down. Gayle told Rocsi that Oprah looked at every interview that Lance has done, read the U.S. Anti-Doping Agency report and three books all in one week.

On the day of the interview, Oprah issued a series of rapid-fire yes or no questions, in which the retired cyclist confirmed that he had blood transfusions and used the banned substance erythropoietin (EPO) during his career -- particularly during all seven of his Tour de France victories.

RELATED: Lance Armstrong Movie Already in the Works

"You know it's a good interview when you're done and you get in the car and you say, 'There's not another thing I wish I would've asked him,'" said Gayle. "That's pretty good, and that's how she felt."

The brunch was a part of the festivities surrounding the Presidential Inauguration. Other attendees included Eva Longoria, Star Jones, Kerry Washington and Rosario Dawson.

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Death toll climbs past 80 in Algeria terrorist siege

ALGIERS, Algeria — The death toll from the terrorist siege at a natural gas plant in the Sahara climbed past 80 on Sunday as Algerian forces searching the refinery for explosives found dozens more bodies, many so badly disfigured it was unclear whether they were hostages or militants, a security official said.

Algerian special forces stormed the plant on Saturday to end the four-day siege, moving in to thwart what government officials said was a plot by the Islamic extremists to blow up the complex and kill all their captives with mines sown throughout the site.

In a statement, the Masked Brigade, the group that claimed to have masterminded the takeover, warned of more such attacks against any country backing France's military intervention in neighboring Mali, where the French are trying to stop an advance by Islamic extremists.

"We stress to our Muslim brothers the necessity to stay away from all the Western companies and complexes for their own safety, and especially the French ones," the statement said.

Algeria said after Saturday's assault by government forces that at least 32 extremists and 23 hostages were killed. On Sunday, Algerian bomb squads sent in to blow up or defuse the explosives found 25 more bodies, said the security official, who spoke on condition of anonymity because of the sensitivity of the situation.

"These bodies are difficult to identify. They could be the bodies of foreign hostages or Algerians or terrorists," the official said.

In addition, a wounded Romanian who had been evacuated died, raising the overall death toll to at least 81.

"Now, of course, people will ask questions about the Algerian response to these events, but I would just say that the responsibility for these deaths lies squarely with the terrorists who launched a vicious and cowardly attack," British Prime Minister David Cameron said. Three Britons were killed and another three were feared dead.

On Monday, Philippine Foreign Affairs officials said six Filipinos were among the hostages killed. Spokesman Raul Hernandez told reporters that 16 Filipinos have been accounted for and four others are still missing.

The dead hostages were also known to include at least one American and French workers. Nearly two dozen foreigners by some estimates were unaccounted for.

It was unclear whether anyone was rescued in the final assault on the complex, which is run by the Algerian state oil company along with BP and Norway's Statoil.

Two private Algerian TV stations and an online news site said security forces scouring the plant found five militants hiding out and learned that three others had fled. That information could not be immediately confirmed by security officials.

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Three-generation family businesses share their secrets of success

In 2009, when Larry Zinn took over as sales manager for the Infiniti dealership that his father owned, he had a great idea: retrain the sales staff in a team approach and offer customers complimentary add-on services for the first year.

Some salesmen who were used to selling the same way for decades up and quit. But that didn’t deter Larry from insisting a new sales culture and value proposition for new car buyers was necessary. “I was persistent with everything I’ve believed we needed to do going forward. People were going to embrace change or move on,” says Larry, 28.

The resistance quieted, however, after Larry recruited young salespeople and had them trained in the new advantage program. The new approach helped push sales volume up 72 percent. "We had a lot of success with it,” he says.

Larry Zinn’s experience is not unusual for family-owned businesses that survive into a third generation and employ new tactics to keep from becoming obsolete.

Nationally, family-run businesses account for nearly 35 percent of the largest companies including Ford, Koch Industries, Hilton, Wal-Mart, Loews and Ikea. In South Florida, family-run businesses are particularly prevalent and account for a majority of the largest Hispanic companies, including Goya, Bacardi, El Dorado and Sedano’s Supermarkets.

But while more than 30 percent of all U.S. family-owned businesses survive into the second generation, only about 12 percent are passed onto the third generation, according to Family Firm Institute, a Boston-based association for family enterprise professionals. Those that do survive have a few intriguing commonalities: an ability to stay relevant, think bigger and take a long term view.

“They try to figure out where they want to be in 10 years and take steps to make that target,” says Wayne Rivers, president of The Family Business Institute in Raleigh, N.C.

Most third-generation family businesses, particularly those in South Florida, were started by a scrappy entrepreneur who saw business ownership as a way to provide for the family. Those businesses include grocery chains such as Sedano’s, restaurant operators such as Las Vegas Cuban Cuisine and airport concessionaires such as NewsLink.

Typically, in those businesses, the founder brought his kids with him to work, put them in the kitchen, the stock room, the sales floor, and taught them on-the-spot business lessons. Those kids eventually came to work full time and helped the company evolve beyond a seat-of-the-pants start-up into a more sophisticated business with processes and systems.

Now comes the third generation, who are more likely to have received formal business education before they return to the company. Often, they are able to leverage that training and move the company forward dramatically. But the succession also comes with challenges. They must keep the respect of longtime employees and show the same dogged commitment to seeing their company succeed, even after having already grown up enjoying the fruits of its success.

In successful third-generation businesses, the senior generation often stays on to ensure that commitment, adopting a role as mentor or advisor while creating an environment where younger family members can take on real responsibility, says Rivers, who consults for family businesses. “They get out of the way, let the next generation make their own mistakes, and gracefully exit when it’s appropriate.”

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