Miami-Dade police officer convicted in lewdness case

A Miami-Dade police officer, who routinely stopped women drivers without cause and engaged in lewd conversations, was convicted in federal court Friday.

Prabhainjana Dwivedi, a seven-year veteran, was found guilty on six of seven counts of depriving people of their civil rights. He was found not guilty on the seventh count involving an undercover police officer.

Following the ruling, U.S. District Judge Jose Martinez immediately remanded Dwivedi back into custody pending sentencing scheduled for sometime in April, according to prosecutor Karen Gilbert. The trial began Monday.

Dwivedi faces up to a year in prison for each count.

A grand jury indicted Dwivedi after he was arrested by FBI agents Sept. 5 at Miami-Dade police headquarters.

Dwivedi, 33, was charged after an investigation into complaints filed for stops made in May and June of 2011 in which he detained “numerous women” for “unreasonable” length of time “without probable cause, reasonable suspicion or other lawful authority to conduct a stop,” a criminal complaint said.

None of the questionable stops were ever listed on his daily reports or called into dispatch.

According to the complaint, Dwivedi who worked overnight patrolling an area from Key Biscayne to Jackson Memorial Hospital, stopped a 24-year-old bartender who was driving from South Beach to Broward County on her way home from work at about 5:30 a.m. on June 25, 2011, in the area of the Golden Glades interchange.

The bartender, identified as M.F., was accused by Dwivedi of driving under the influence. Pleading her innocence, she requested to have a sobriety test performed. Her request was refused.

Noticing a child’s safety seat in the back seat, Dwivedi threatened M.F. that she would lose custody of her son if she were to be arrested on DUI charges, the criminal complaint said. Then the conversation turned sexual.

According to the complaint, Dwivedi, began to inquire about her surgically enhanced breasts and asked “if she had any scars or incisions from the surgery.”

Dwivedi then asked to see the scars. M.F. obeyed, lifting her shirt and exposing her breasts.

According to the complaint written by FBI special agent Susan Funk, “M.F. stated that Dwivedi did not touch her breast.”

, Dwivedi then allowed her to drive home, but said he would follow her to make sure she got safely home. Once at M.F.’s residence, Dwivedi said he was thirsty and asked for a glass of water. Once inside her home, he lingered for an hour speaking of his personal life.

In the end, Dwivedi left without ever reporting anything to dispatch or making any notes of the stop in his daily reports, the criminal complaint said.

A month earlier, Dwivedi made another questionable stop.

According to the complaint, Dwivedi stopped a19-year-old woman at 2:20 a.m. on May 27, 2011, on her way home from a nightclub with two friends. The woman, identified, as A.R., was informed the traffic stop was a result of a failure to turn on her headlights.

Dwivedi also claimed she was driving under the influence, but A.R. disputed the accusation.

A.R. was instructed to sit in the back seat of his marked cruiser and then Dwivedi “instructed A.R. to lower the zipper on the front of her dress down past her breasts to her mid-stomach” according to the complaint.

An hour and 20 minutes later, A.R. was on her way home without any citation and Dwivedi again made no mention or note of the stop, the complaint said.

Miami Herald staff writer Jay Weaver contributed to this report.

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Spring Breakers Posters

Sexy Selena

By JACKIE WILLIS

February 09, 2013

Bring on the neon! Bikini-clad gals Vanessa Hudgens, Ashley Benson,
Selena Gomez and Rachel Korine are girls gone wild in Spring Breakers. Posing alongside Kevin Federline-lookalike James Franco (and for Gomez, posing solo) in the
latest movie posters, these ladies look like they're ready for trouble.
Hitting theaters sometime this year, Spring Breakers is about
four college friends who find themselves in jail after robbing a
restaurant in order to fund their spring break vacation in Florida. In
order to get out from behind bars, the girls are bailed out by a drug
and arms dealer who wants them to do some dirty work.

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City recovering from snowstorm that dumped more than 2 feet of powder on LI

REUTERS

A man operates a snow plow in New York on Saturday.

A massive winter storm dumped as much as 2½ feet of snow on Long Island overnight and left thousands there without power while New York City residents, despite a foot of snow, counted themselves lucky Saturday.

Police in Suffolk County, on the eastern end of the island, used snowmobiles to reach some motorists stranded on the Long Island Expressway. Ambulances, fire trucks, police vehicles and some snowplow trucks as well as passenger vehicles got stuck overnight throughout the area, said Vanessa Baird-Streeter, spokeswoman for Suffolk County.

HUNDREDS OF CARS STUCK ON LIE

POUGHKEEPSIE MAN STRUCK, KILLED AFTER DRIVER LOSES CONTROL ON SNOWY ROAD

FOLLOW @NYPMETRO ON TWITTER FOR THE LATEST ON THE STORM

About 10,000 utility customers, most in eastern Suffolk, did not have electricity Saturday morning, said Wendy Ladd of the National Grid.

Ladd said those without power could be restored within a day if crews can get to them, but "access is an issue."

"We have plenty of crews available to do the restoration work, and if we can get to them, we're saying we can get them back in 24 hours," Ladd said. "But the issue is whether our big trucks can get to them if streets aren't plowed."

Suffolk County was hit harder than neighboring Nassau County, a relief for communities that were flooded during last October's Superstorm Sandy. The Weather Service said coastal flooding did not create major problems during the new storm.

Meteorologist David Stark said the community of Upton, where the weather service has a headquarters, had 30.3 inches of snow. Several other towns topped 2 feet: Setauket, Smithtown, Port Jefferson, Mount Sinai, Islip, Huntington and Commack.

In Nassau, by contrast, Wantagh reported 11 inches.

County Executive Ed Mangano said Nassau was coping well.

"For the most part, we're moving here in Nassau County, although we ask our residents not to take the roadways unless absolutely necessary," he said.

In New York City, the reading in Central Park was 11.4 inches and 12.1 at LaGuardia Airport. Stark said the city had a longer period of sleet rather than snow, which held town the totals.

But the city was spared the worst of the storm, Mayor Michael Bloomberg said.

He said more than 2,200 vehicles plowed streets overnight, clearing every major thoroughfare at least once and even most secondary streets. Traffic was flowing easily through most of the city's busiest streets.

"We're in great shape. We're lucky. ... We've dodged a bullet," Bloomberg told plow workers at a sanitation garage in Queens.

Bloomberg said all city streets will be cleared of snow by the end of Saturday and that all primary, most secondary and "60 percent" of tertiary streets have already been plowed.

Noting that areas to the north and east of the city got hit far worse, the mayor said he would make the city's equipment and manpower available if needed in Long Island, Connecticut and elsewhere.

"We want to make sure we provide whatever they need. When we were in trouble, the country came to our aid and we want to make sure we do the same," he said.

City residents didn't have too much trouble getting around.

"It's not that bad," said carpenter Kevin Byrne, as he dug his car out of its Manhattan parking spot. "It's not as bad as everybody said it was going to be."

But he said he left his shovel at home.

"I'm using a scraper to shovel out, which is not good," he said. "But was anybody prepared? The last two winters have been so mild."

Efrain Burgos, a native New Yorker, took no chances on driving.

"I took the subway for the first time in 10 years," said Burgos, who took the No. 2 train from his home in the Hunts Point section of the Bronx.

He said that while roads were well-plowed near the Upper West Side neighborhood where he works as a doorman, in the Bronx, "the roads are packed with ice."

On Father Capodanno Boulevard in Staten Island's Midland Beach, frigid gusts blew in from the water, but those residents who have moved back in to their houses said the wind wasn't as bad as feared even at the height of the storm. "Not like during Sandy, when the roof was flying away," said Dmitriy Pilguy.

He chuckled a bit at the pre-storm hype. "It's only snow," Pilguy said as he cleared his driveway. "I'm from Russia. I don't care."

Bloomberg said police have been checking on families from Superstorm Sandy who still have no heat but had encountered no problems so far.

Con Edison's Mike Clendenin said there were just 317 customers without power in the city on Saturday morning, mostly in Brooklyn. He said the number could increase as people wake up and discover they have no electricity.

But he said the low total "is certainly encouraging." There were no failures reported in Westchester County he said, although some villages there, including Scarsdale and Bronxville, reported more than 20 inches of snow.

Clendenin said there were about 3,000 power failures reported during the storm, "but we've been able to keep up and get them back."

Stark said winds had not been as strong as expected in the northern suburbs, with gusts remaining below 35 mph. In Suffolk, he said, they reached 50 mph.

The New York region's three major airports have also reopened after the snowstorm but flights are limited.

Port Authority spokesman Anthony Hayes says commercial flights started taking off from Kennedy and LaGuardia airports at around 9 a.m. Saturday. He said commercial flights should take off from Newark Liberty Airport at around 11 a.m.

Hayes says many flights have been canceled and passengers should check with their airline before heading to the airport.

New York City subways are running with scattered delays. City buses are running.

The Metropolitan Transportation Authority says hourly service on the Metro-North Railroad's Harlem and Hudson lines will resume after 11 a.m. The MTA says service on the New Haven line will remain suspended because of heavy snow accumulations.

Service is limited on the Long Island Rail Road.

New Jersey Transit resumed bus service north of Interstate 195 as of 7 a.m. Saturday, including service into New York's Port Authority Bus Terminal.

NJ Transit suspended all northern bus service Friday evening due to treacherous driving conditions.

Rail service on the Morris & Essex, Montclair-Boonton and Midtown Direct lines remains suspended from Friday but officials were taking steps to expedite the restoration of service once inspections were conducted.

Meanwhile, in New Jersey totals ranged from 5-15 inches, with the highest snowfalls spread across the northern part of the state while other areas were spared.

The National Weather Service reports River Vale in northern Bergen County got 15 inches. West Milford, Hillsdale and Scotch Plains all got more than a foot of snow. Cedar Grove residents woke up to about 10 inches of snow Saturday morning.

Newark had been projected to get up to a foot of snow or possibly more but received about 5 or 6 inches. About 5 inches fell on Jersey City and about 6 inches fell at Newark Airport.

More than 28 inches of snow had fallen on central Connecticut by early Saturday, and areas of southeastern Massachusetts, Rhode Island and New Hampshire notched 2 feet or more of snow — with more falling.

REUTERS

A woman takes a photo of a snow man that was erected at the fountain at Lincoln Center during New York Fashion Week on Friday.

At least five deaths were being blamed on the storm, three in Canada and two in upstate New York. In southern Ontario, an 80-year-old woman collapsed while shoveling her driveway and two men were killed in car crashes. In New York, a 74-year-old man died after being struck by a car in Poughkeepsie; the driver said she lost control in the snowy conditions, police said.

A 23-year-old man in Germantown, NY has died after he went off the edge of a roadway while plowing his driveway with a farm tractor in Columbia County, state police said.

Troopers say the accident happened shortly after 9 p.m. Friday, about 35 miles south of Albany. The National Weather Service says about 7.5 inches of snow has accumulated in that area overnight. The tractor rolled down a 15-foot embankment.

The man was pronounced dead at Columbia Memorial Hospital. His name hasn't been released.

More than 650,000 people across the Northeast were without power this morning, with most of the outages occurring in New England.

New York City suffered surprisingly few power outages during the snowstorm.

Con Edison spokesman Mike Clendenin says the city has just 317 customers out, 206 in Brooklyn. No outages were reported in Westchester County.

In New Jersey, the state's two largest utilities were reporting minimal outages as of Saturday morning.

Public Service Electric & Gas says it had 16 customer outages as of 5:30 a.m. Saturday. At one point 2,200 customers in Elizabeth were affected, but PSE&G says they were restored Friday night. Jersey Central Power & Light, the state's second-largest utility, reports 16 outages at 7 a.m.

It's a far cry from the 2.7 million customers left in the dark after Superstorm Sandy last October, or a similar number affected by a snowstorm in October 2011.

Forecasters said wind gusts exceeding 75 mph could cause more widespread power outages and whip the snow into fearsome drifts.

On Saturday, Connecticut Gov. Malloy ordered all roads closed until further notice, saying that stalled or abandoned vehicles will only slow the recovery process. The storm dumped more than 2 feet of snow over much of the state.

State police spokesman Lt. J. Paul Vance says drivers and even some troopers have been getting stuck on the snow-covered highways. He said a pedestrian was struck by a vehicle and killed Friday night in Prospect.

Vance said troopers are still out responding to calls but it's imperative that people stay off the roads.

In New York City, there will be delayed openings at public libraries in all five boroughs. Most will be open from noon until 5 p.m.

With Post Staff

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IRS dealt a setback on tax preparer regulations

To help combat fraud by tax preparers, the Internal Revenue Service created the “Registered Tax Return Preparer” program. Then just before the tax season got under way, the agency was told by a federal judge that it doesn’t have the authority to regulate the hundreds of thousands of tax preparers covered under the program.

Although some tax-return preparers are licensed by their states or enrolled to practice before the IRS, many don’t have to pass a government or professionally mandated competency test to prepare a federal return. When the IRS issued its last “dirty dozen” tax scams, return preparer fraud was third on the list.

“Tax return preparers sometimes alter return information without their clients’ knowledge or consent in an attempt to obtain improperly inflated refunds or to divert refunds for their personal benefit,” wrote Nina E. Olson, the national taxpayer advocate, in her most recent report to Congress. “Often, the refunds are directed to an account in the preparer’s control.”

In other instances, preparers lure clients by promising large refunds even before reviewing their tax information.

The IRS program would have required any individual who is compensated for preparing or assisting in the preparation of a return to obtain a preparer tax identification number, pass a qualifying exam and complete annual continuing-education requirements.

Three independent tax preparers joined the Institute for Justice in challenging the IRS’ authority to create the program. Recently, Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled against the agency.

Said Dan Alban, the lead attorney on the case: “The licensing requirements harmed the ability of mom and pop operations to compete with big tax preparation firms. Two of the three plaintiffs would have been put out of business because of the cost of complying with the regulations.”

The ruling now means tax return preparers who would have been covered by the program are not required to complete competency testing or secure continuing education, the IRS said. However, all paid preparers are still required to have a preparer tax identification number.

There are tax professionals — attorneys, certified public accountants and enrolled agents — who were exempt from the program but are licensed by state or federal authorities and are subject to censure, suspension or disbarment from practice before the IRS in the event of wrongdoing. The ruling does not affect the regulatory requirements for these professionals.

Still hoping to continue with the regulatory program, the IRS asked the court to delay the ruling pending its appeal. The motion was denied.

“The IRS continues to have confidence in the scope of its authority to administer this program and is working with the Department of Justice to address all options, including a planned appeal,” the agency said in a statement.

In response to the lawsuit, the IRS said it has established 250 testing centers, that the program has cost more than $50 million to roll out, and nearly 100,000 preparers have registered to take the competency test.

When the IRS first announced the program, I was in favor of licensing preparers. Though many tax professionals do their jobs well, there are enough unscrupulous preparers to warrant some changes. Olson, the national taxpayer advocate, has recommended that Congress enact a federal registration, examination, certification and enforcement program for unenrolled tax-return preparers. “Creating a class of certified return preparers is a very positive step toward combating fraud,” she said in her report.

But perhaps Judge Boasberg has it right. He said his ruling doesn’t require the IRS to dismantle the registration scheme.

The IRS “may choose to retain the testing centers and some staff, as it is possible that some preparers may wish to take the exam or continuing education even if not required to,” Boasberg said in his decision. “Such voluntarily obtained credentials might distinguish them from other preparers.”

And some preparers might still take the exam in case his ruling is reversed on appeal, “just as the IRS may similarly decide it is financially more prudent not to shutter the centers in hopes of an appellate victory or congressional action,” Boasberg wrote.

“We have no opposition to preparers going through the program voluntarily,” Alban said. “If you are in the market looking for a new tax preparer, there could be value in selecting one with the registered tax return preparer certification. Keeping it voluntary allows consumers to decide what’s important rather than the IRS.”

I see great service to consumers in the IRS preparer program. So until things are settled, Boasberg offers a good compromise.

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Squatter Lokiboy evicted from Boca Raton mansion

BOCA RATON --
Infamous squatter Andre Barbosa has been evicted from a Boca Raton mansion, police said.

Bank of America retook possession of a $2.5 million home where the 23-year-old Brazilian national had been staying since December.

Bank representatives, with the assistance of police, cleared out the foreclosed home at 580 Gold Harbor Dr. at about 1:30 p.m. Thursday.

There was no one inside and the home’s locks were changed, said Officer Sandra Boonenberg, spokeswoman for Boca police.

Barbosa, also known as Lokiboy954, had been occupying the home since filing an “adverse possession” claim in December.

Adverse possession was created hundreds of years ago when hand-scrawled property records could more easily be lost, damaged or muddled. Allowing for adverse possession kept land in productive use when ownership was unclear, or, for example, the owner died with no heirs.

If the person claiming adverse possession stays in the home for seven years, paying taxes and caring for the property, they can take permanent ownership.

Barbosa is not facing any charges at this point and police are not actively searching for him, Boonenberg said.

Bank of America issued a statement regarding Thursday’s action.

“We appreciate the assistance of local authorities and the patience of neighbors as we worked to have the trespassers removed.

“We take trespassing seriously and, in the interest of the community, we will take appropriate legal action to protect this and all properties we service.”

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Exclusive: Joe Flacco Gets Fitted for Tommy Hilfiger's New York Fashion Show

Joe Flacco has had quite the week. The Baltimore Ravens quarterback won the Super Bowl and was named MVP on Sunday, visited Disney World the day after, and has been making appearances non-stop since then.

Next on Flacco's agenda is attending Tommy Hilfiger's New York Fashion Show and ET has an exclusive look at his fitting session with the fashion designer to select what he'll wear to the show.

PICS: Two Looks, One Star!

The Super Bowl champion brought his wife Dana with him as he selected his clothes from the Tommy Hilfiger collection with a little guidance from none other than Tommy Hilfiger himself.

"I'm honored," Hilfiger said of having Flacco dressed in his apparel to his fashion show. "Actually, my guys told me he was coming today [and] I thought they were kidding. So, I'm very happy and very honored."

VIDEO: Behind the Scenes of Super Bowl XLVII

Despite his recent achievement on the football field, Flacco cherished the opportunity to meet Hilfiger and don his garb at Friday night's fashion show.

"The thing is for me is it hasn't sunk in winning the Super Bowl yet. So, to come up here and to go through all this stuff is pretty cool. [It's a] pretty rare opportunity," the 28-year-old quarterback said.

VIDEO: Fashion Week Kicks Off with amfAR Gala

Amid all the exciting happenings in Flacco's life after winning Super Bowl XLVII is a future new addition to his family, as he and his wife announced after the Super Bowl that they are expecting their second child.

"It's awesome. It's the best feeling in the world," he said of having a baby on the way. "We just won the Super Bowl and we had our [first] son in June, and as exciting as the other day was, it didn't compare to what that was."

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2 housing officers bust shooter, 13, for attempted murder of 14-year-old in East Harlem: cops

DCPI

Officers recovered this weapon after a 13-year-old attempted to shoot a rival teen.

Cops busted a 13-year-old for attempted murder yesterday after officers spotted him shooting at another teen in an East Harlem Housing project.

The two kids, from rival housing project crews, were in a dispute at the Jefferson Houses on Second Avenue near East 115th Street at 3:10 p.m. when the boy fired an Interarms Star 9mm handgun at his 14-year-old foe, police said.

Officers Samantha Smith and Keith Roman, from the PSA 5 housing precinct, were patrolling the complex and witnessed the mayhem.

They ordered the child to drop the weapon, which he did, and they quickly placed the boy under arrest, cops said.

The victim was not injured, police said.

The suspect, whose name is being withheld because of his age, was slapped with a slew of charges including attempted murder, attempted gang assault, criminal possession of a weapon and reckless endangerment, police said.

DCPI

Officers Samantha Smith and Keith Roman

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New restaurants aim to help turn Miami Health District into a destination

Gorgonzola pizza with white truffle oil, Chilean sea bass, imported Italian prosciutto and craft beers are run-of-the-mill fare in Miami’s trendier neighborhoods from Miami Beach to the Miami Design District. But such a trendy menu isn’t what you would expect on the edge of Overtown in the area broadly known as Miami’s Health District.

The opening last fall of two high-profile restaurants, Balans and Thea Pizzeria and Cafe, at the University of Miami’s Life Science & Technology Park is fueling optimism that the neighborhood sandwiched between the Jackson Memorial Hospital campus and Overtown is on an upswing. Long dominated by rundown industrial and commercial buildings, the area is now slated for additional retail and residential development.

The two restaurants, at 1951 NW Seventh Ave., are owned by local industry veterans with a history as pioneers in Miami’s urban neighborhoods. They say the same early indicators that brought them to Wynwood and Miami’s Upper East Side are drawing them to the Health District.

“When you go into an underserved area, there’s more pressure to make a more interesting place where people want to come,” said Thea Goldman, the owner of Thea Pizzeria. She learned the art of redevelopment for her late father-in-law Tony Goldman and opened Joey’s in Wynwood with her then-husband. “It’s fun to surprise people. They come in a little trepidatiously. There is a curious crowd that will come. They just have to be enticed. Wynwood proved that. Restaurants can ignite a neighborhood like nothing else.”

GROWTH PLAN

What attracted Goldman and Balans’ owner Prady Balan to the Health District was the growth plan for UM’s research park. Both restaurants are on the ground floor of the park’s first 252,000-square-foot building, which opened in June 2011. Four additional buildings are planned for the eight-acre biotech research park. The building is currently about 75 percent leased with a mix of offices and laboratories; plans for a second building call for a mix hotel rooms and offices, which could begin construction later this year, pending a deal with UM.

The goal is to create a thriving commercial center feeding off the $200 million in research conducted annually by the nearby University of Miami Miller School of Medicine on the Jackson hospital campus.

Both restaurateurs say developer Wexford Science & Technology, which leases the land from UM and developed the first building, made deals that were attractive enough to support a long-term approach to the area.

“I knew that it was going to be highly challenging, but I was bored in life, so I thought I would do something daring,” jokes Balan, who has successful restaurants in South Beach and London and pioneered eateries on Biscayne Boulevard and Brickell Avenue. “It probably will take three years. Slowly but surely people do come over. They are liking it and becoming regulars.”

Balan figures all he needs is to attract 10 percent of the 55,000 people a day who work or visit the Jackson Memorial Hospital. Miami’s Health District is the second largest in the country, behind only Houston. To attract those customers to the restaurants at the park, Wexford offers a daily free lunch shuttle to the Jackson campus. The park also offers free valet parking or free gated parking for restaurant visitors.

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Jury awards girl sexually assaulted on school district bus $1.7 million

WEST PALM BEACH --
Minutes after a jury late Wednesday awarded a mentally challenged Pahokee girl $1.7 million for the trauma she suffered when she was raped on a Palm Beach County school bus when she was 3, the girl’s mother rushed toward those who had given her daughter a second chance.

“Wait,” she called out just before they filed out the door. “I want to thank all of you.”

In turn, she hugged each of the four women and two men who rejected the school board’s claims that her daughter wasn’t hurt by the 2007 attack. School board attorneys argued the girl was too young and too mentally disabled to understand what a 15-year-old emotionally disturbed youth did to her on the bus filled with special needs kids.

With tears streaming down her face, the mother looked at the girl’s father. Both heaved sighs of relief.

“It means a lot to me,” she said of the verdict. “My daughter finally got justice.”

The School Board never denied the girl was molested. Both the bus driver and the aide who was on the bus to protect the students were fired. The aide, Grenisha Williams, was convicted of child neglect in connection with the incident and put on probation. Sexual battery charges were filed against J.C. Carter, the youth school police said assaulted the child. The School Board even changed policies, decreeing that young children should no longer be allowed to ride buses with older kids.

But, the district never agreed to compensate the now 9-year-old girl for the trauma that her attorneys argued exacerbated her considerable learning problems.

“I think the jury got it,” attorney Stephan Le Clainche said.

Despite School Board attorneys’ claims to the contrary, he said: “The jury realized that any child of a tender age who is the victim of physical or sexual violence is going to carry the stain of it their entire life.”

But, he acknowledged, the battle is far from over. Under Florida law, government agencies in 2007 could only be forced to pay $100,000 for injuries caused by their wrongdoing. (The cap on so-called sovereign immunity, that comes from the English concept that the King can do no wrong, has since been raised to $200,000.) But to get more than $100,000, the girl’s attorneys must now persuade a typically stubborn Florida Legislature to life the cap so the girl can get the $1.7 million the jury said she deserves.

“We have a long road to go,” Le Clainche said. The $100,000 will barely cover the court costs that included paying $25,000 to a psychiatrist who persuaded the jury that the girl carries deep psychological scars that will take years of counseling and private schooling to salve.

The mother said she was well aware of the looming battle. “I’ve been waiting all this time. I guess I can wait some more,” said the mother, who lost her job as a cook when the always shaky economy in the Glades got even worse in the recent recession.

Jurors declined comment on the verdict, as did attorneys representing the school board. Attorney Scott Krevens said they don’t comment on pending litigation.

But the two sides argued their cases vigorously Wednesday in their last appearances before the jury after a five-day trial.

Attorney Tom McCausland, one of the school board’s two attorneys, suggested that the jury give the girl $250,000 for the pain she endured on the day of the attack and $31,000 for family counseling.

“A quarter-million dollars is a way of saying we’re sorry it happened,” he said.

Le Clainche bristled at McCausland’s suggestion that the money was an apology and not a recognition that the girl needs years of therapy.

McCausland insisted the girl has no memory of the attack. “Her brain has not been able to form to grasp the event,” McCausland told jurors. “This very, very heinous act, fortunately, is not something the girl remembers.”

Le Clainche translated McCausland’s argument this way: “Your harm is worth nothing because you’re already damaged.” Then, he added, “That is an incredible, outrageous defense.”

The psychiatrist hired by the girl’s team testified that the attack stymied the girl’s emotional and intellectual growth. A psychologist hired by the school board told jurors trauma doesn’t affect cognitive development.

In the end, it was clear the jury accepted the long-standing child-rearing concept that early childhood development impacts a youngster’s entire life.

About two hours into their deliberations, the jurors sent out a question: “Can the possibility of future sexual problems be considered as future pain and suffering?”

Circuit Judge Glenn Kelley said they could.

Less than 15 minutes later, they announced their verdict.

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Matt Lauria Zosia Mamet Talk Really Really Girls Parenthood and Mae Whitman

There are no shows I adore more right now than Parenthood and Girls, so you can imagine the jubilation coursing throughout my body when Matt Lauria and Zosia Mamet signed on to co-star in MCC Theater's production of Really Really.

RELATED - Parenthood & Girls Are Two of The Year's Best Shows

And once you watch my interview with this dynamic duo, you'll really (really) understand why I adore them so much. 

Not only will Lauria and Mamet make you desperate to see their stage show, but you'll find out what lies ahead on Girls this season, how Matt fills Zosia with a fiery jealousy and how they rank in my double-double competition! Watch!

For more on Really Really, click here!

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Retailers report strong January sales

Major retailers including Macy's and Limited Brands are reporting strong sales in January as shoppers went back to the stores after the winter holidays to take advantage of clearance sales.

Twenty retailers reported on Thursday that revenue at stores opened at least a year — an indication of a store's health — rose an average of 5.1 percent, according to the International Council of Shopping Centers.

That's above the mall trade group's 3 percent estimate and marks the highest reading since August 2012 when it rose 6 percent.

The worry, however, is whether shoppers, particularly budget-conscious consumers, will keep spending as they deal with rising gas prices and a payroll tax hike that took effect last month.

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Register for our free Business Plan Bootcamp

Whether you are planning to enter the Miami Herald Business Plan Challenge or want to refine a short business plan you already have, our free Business Plan Bootcamp later this month can help.

Melissa Krinzman, a veteran Business Plan Challenge judge and managing director of Venture Architects, will be leading a panel of experts who will give you advice on crafting a short business plan aimed at grabbing the attention of investors — or judges. If you are entering the Challenge, we encourage you to bring your entry with you because the panel will critique critical sections of the short plan.

Panelists include:

•  Richard Ginsburg, co-founder of G3 Capital Partners, a mid-market and early stage investment company.

•  Steven McKean, founder and CEO of Acceller, a Miami-based tech company, and a Challenge judge.

•  Mike Tomas, CEO of Miami-based Bioheart, president of ASTRI Group and a Challenge judge.

Time, date, place: 6:30 p.m. Feb. 26, Miami Dade College, Wolfson Campus Auditorium (Room 1261, Building 1, 2nd floor).

To register: It’s free, but please register here.

Parking: Free parking at the MDC garage at 500 NE 2nd Avenue. It is important to note that the entrances are on NE 5th and 6th Streets.

You do not have to enter the Challenge to attend our free boot camp, but we hope you will. The Challenge deadline is March 11.

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Ex-police sergeant expected to surrender in Miami hit-run

A former Miami police homicide sergeant is expected to surrender to authorities on charges he ditched his car at an Interstate 95 car wreck.

A judge signed off on the warrant Wednesday for Juan “Johnny” Herrera, a longtime homicide investigator who retired after the Sept. 8 accident that injured four University of Miami students in a taxi.

Herrera will be charged with leaving the scene of an accident with injuries. He faces up to five years in prison if convicted.

Florida Highway Patrol investigators believe that Herrera rear ended the taxi on I-95 south near the Southwest 25th Road exit at about 3:40 a.m., then disappeared after leaving the car on foot. DNA taken from blood on the car’s airbag eventually placed him behind the wheel of his Mercedes-Benz that night.

Investigators, who found a six pack of beer in the car, could never test Herrera’s blood alcohol content because he was not at the scene.

Herrera is well known to viewers of The First 48, the A&E reality show that follows Miami homicide detectives as they investigate real-life murders.

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Mariah Carey Records a Song for Oz The Great and Powerful

As if Sam Raimi's Oz The Great and Powerful isn't already one of the most highly anticipated movies hitting theaters soon, it just got another huge boost -- Mariah Carey has recorded a new song for the film!

The song is called Almost Home and will be released on February 19.

Pics: New Bewitching 'Oz The Great and Powerful' Posters

"Almost Home has a message that works beautifully with the film," the new Idol judge says of the song she both co-wrote and co-produced. "It's a feel-good record, evoking the feeling of reaching your home and being with people that you love."

Famed artist/photographer David LaChapelle will direct the music video, who's worked with Mariah in the past on 2001's Loverboy.

Video: 'Oz The Great and Powerful Trailer

Starring James Franco, Mila Kunis, Michelle Williams and Rachel Weisz, Oz The Great and Powerful hits theaters March 8.

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NYC should be prime spot for Vegas-style table games: Skelos

State Senate Republican leader Dean Skelos said today that New York City should be considered a prime destination for a full-fledged casino - and particularly noted the popular Aqueduct Resorts World gambling parlor could be converted into a resorts-type gaming complex.

Under current law, Aqueduct is only authorized to offer slot and electronic table games. But New Yorkers will vote in a referendum this fall on whether to legalize up to seven Vegas-style casinos in the state.

James Messerschmidt

Resorts World Casino in Ozone Park.

Gov. Cuomo wants the first three casinos to be built upstate to boost tourism.

But Skelos said the Big Apple should be part of the mix. "New York City should be considered," the Long Island lawmaker said following a Crain's breakfast. "Aqueduct should be considered."

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Sweetest Android Jelly Bean phones

After waiting for what seemed like an eternity for Android Jelly Bean phones to ship, we’re glad to see a flood of handsets with the coveted software. Some older phones, like the Samsung Galaxy S3 and Motorola Droid Razr HD Maxx, also have received this significant upgrade, but these smartphones rolled straight off the assembly line boasting Google’s most modern OS. From the pure flavor only a true Nexus device can bring, to the tricked-out tweaks phone designers like to bring to the table, chances are good there’s a Jelly Bean handset here that will suit your tastes.

HTC Droid DNA

Rating: 4 stars out of 5 (Excellent)

The good: This beautifully designed phone features a quad-core processor, Android 4.1 Jelly Bean, 4G LTE, a sharp 5-inch screen, an excellent camera and long battery life.

The bad: Its large size makes it tricky to fit in tight pockets, and it lacks both an SD card slot and a removable battery.

The cost: $99.99 to $199.99

The bottom line: With quad-core power, 4G LTE, a lovely 5-inch screen and a stunning design, the $199.99 HTC Droid DNA may be Verizon’s best Android deal.

HTC One X+

Rating: 4 stars out of 5 (Excellent)

The good: Has a quad-core processor, 64GB of storage and Android Jelly Bean, plus a great camera, all for $199.99.

The bad: The battery life is short. The phone also lacks an SD card slot, and its battery can’t be removed.

The cost: $169.99 to $509

The bottom line: Although it does have some flaws, the $199.99 HTC One X+ is currently the best Android buy on AT&T.

LG Nexus 4

Rating: 3.5 stars out of 5 (Very good)

The good: The competitively priced phone delivers a pure and polished experience with Android 4.2 Jelly Bean, it’s powered by a snappy quad-core processor, and it’s packed with new photo-editing and camera features.

The bad: Construction is solid but uninspiring, its call volume is too low, and it lacks 4G LTE.

The cost: $299 (currently sold out)

The bottom line: While the LG Nexus 4 wins on internal performance and user experience, anyone shopping for an unlocked phone should consider a comparable LTE handset first.

Samsung Galaxy Note 2

Rating: 4 stars out of 5 (Excellent)

The good: Oodles of screen real estate make this phone terrific for videos, games, and reading; and its improved stylus aids productivity. A blazing quad-core processor, a great camera and strong battery life round out the advantages of this Android 4.1 phone.

The bad: The huge display makes it unwieldy to carry, and hiccups in the S Pen stylus and apps can slow you down. The pricey Note 2 isn’t a suitable tablet replacement across all categories.

The cost: $139.99 to $299.99

The bottom line: In the Galaxy Note 2, Samsung delivers a powerful, boundary-pushing device that gets a lot right. Yet its complicated features and high price raise questions about its purpose.

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International Noise Conference celebrates its 10th anniversary at Churchill’s Pub

Frank Falestra is standing at the backyard bar of Churchill’s Pub, tinkering with a lighting board that has a broken switch.

It’s an urgent repair because the switch controls red light.

“Red is important at a rock bar,” he says.

Falestra, better known as Rat Bastard, is hailed as the godfather of Miami’s noise scene and the founder of International Noise Conference, an annual festival celebrating musical nonconformity.

Every year, the festival draws hundreds to three-decades-old Churchill’s Pub, where noise fans and other revelers gather to sing, dance, screech and, sometimes, bloody each other’s noses.

International Noise Conference will kick off its 10th year starting 10 p.m. Wednesday at Churchill’s, 5501 NE Second Ave. The festival continues at 9 p.m. Thursday, 8 p.m. Friday and 3 p.m. Saturday.

Falestra, 54, expects more than 100 bands to show up. That number is about the same as the last few years, but the fourth night of the festival is new, thanks to funding from the Knight Foundation’s Knight Arts Challenge.

Admission to the festival, as always, is free.

“We keep the money thing completely out of it,” Falestra said. “That’s probably why it’s still going.”

There are only two hard-and-fast rules for musicians performing at INC: no laptops, and get off the stage in 15 minutes or less.

The laptop rule is to prevent the show from getting boring, Falestra says.

But the time limit? Artists have flown all the way from France and Australia to perform at INC. And they only get 15 minutes?

According to Falestra, a 30-year veteran of the Miami music scene, that’s all you need to get the point across.

“Usually 20 minutes of anybody is too much,” he said. “Like the Foo Fighters. You wouldn’t want to see them for 20 minutes. Ten minutes would kill you.”

Page 27, a Denver-based noise band, has one of the farthest commutes on the set list this year. Like most of the other bands, INC is the only show pulling Page 27 away from its hometown this time of year.

But member John Gross, 35, said the band is looking forward to the networking opportunities as much as the brief set. The best part for him, he said, is going to the tables in the back of the bar to trade CDs, tapes and records with other bands. “You end up finding a lot of music that you don’t see anywhere else,” Gross said.

The first two days of the festival, which feature local bands almost exclusively, are heavy on different music genres. Thursday is usually the most outrageous night. Sometimes, Falestra says, people get naked.

Many of the bands will play noise sets regardless of their typical musical style. This might include an avant-garde mix of improvisational drumming, playing non-musical objects such as sheets of glass or screaming into a microphone.

Novice noise fans shouldn’t be afraid, though. In spite of its name, INC doesn’t require that every set consist of noise. It’s possible to hear something approaching listenable music at the show.

Although he disdains the pop-punk bands that flood college radio stations these days (he has a particular distaste for Green Day), Falestra said he’s not averse to tossing more mainstream acts into the lineup to keep things from getting predictable.

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Stars Without Makeup!

Katie Couric

February 05, 2013

A makeup-free, 50-something Katie Couric was all smiles as she arrived fresh faced to LAX on Feb. 5, 2013.

ALSO IN THIS GALLERY:

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Fla. judge: No trial delay in Trayvon Martin case

SANFORD, Fla. — A judge in the case of a former neighborhood watch leader accused of shooting Florida teenager Trayvon Martin has denied a defense request to delay the trial.

George Zimmerman's attorneys presented a motion Tuesday asking Judge Debra Nelson to push the trial from mid-June back to November. They say the prosecutor has been slow in turning over needed evidence. The state attorney denied the accusation.

Judge Debra Nelson noted Zimmerman's lead attorney had been in the case nearly a year and says the problems he's having getting evidence are not insurmountable.

Splash News

Slain teen Trayvon Martin

Zimmerman is claiming he acted in self-defense in shooting Martin last year and has pleaded not guilty to second-degree murder.

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Cutting edge tech from Swiss Army

The Victorinox Swiss Army Jetsetter looks like a traditional pocket knife the company is famous for, but instead of the knife you get a pocket full of storage.

A foldout and detachable USB 2.0 flash drive is among the features in the mini tool kit, which includes a ball point pen, bottle opener, Phillips screwdriver, tweezers and scissors in the 16 GB model I tested out.

The detachable flash drive is Windows- and Mac-friendly, although it comes loaded with Mac-friendly security software to protect your data stored on the device.

It’s available in capacities of 8 GB black ($39.95), 16 GB red ($49.99) and 32 GB silver ($99.99). There are a few different features in each, with the 32 GB model having a LED mini light, for example.

Details: www.swissarmy.com

A great find

Kensington’s Proximo Fob and Tag Kit creates a wireless (Bluetooth) monitoring system between your keys, accessories and an iPhone (4S or 5) that will alert you if they are separated.

I tried the starter kit ($59.99), which includes a fob, tag, keyring and has a screen driver to open the hardware and insert the included CR2032 lithium coin batteries, along with a key ring.

The fob attaches to the key ring and after you have it linked with the free Kensington Proximo app, anytime the devices are separated an alarm sounds. If your phone is within range but you can’t find it, press a button.

It’s easy to think of this as a monitoring device for your expensive smartphone but it also works in reverse once everything is linked up. With your phone in your pocket or purse, it can alert you that you have left your keys behind.

can be placed in a computer bag or attached to anything (or anyone) that you want alarmed. But unlike the fob, it’s only one direction; the app will find it but you can’t use it to find your phone.

The Proximo App Dashboard tracks up to five items with a single fob and up to four tags. Additional tags cost $24.99 each.

If you get out of range between the devices, an app lets you tap a button to let you know where your device was last seen and even pulls up a map with a specific address.

Details: www.Kensington.com

Sound investment

RadioShack’s Auvio expanding Bluetooth speaker ($39.99) is as simple and useful as a gadget can be. Just twist open the speaker, pair it with your device via Bluetooth and you’ll be amazed at how much better the sound is than the built-in speaker on your smartphone or tablet.

A rechargeable battery is built in for up to eight hours of use and can be powered up in two hours with a USB charge using the included cable.

It is 2.5 inches in diameter, just over 3-inches tall when expanded and about 2.5 inches when closed.

Another choice, with a bigger size (2.8-by-6.5-by-2.9 inches) but much better sound is the brick-shaped Auvio Portable Speaker ($79.99).

Both speakers have aux-in ports to connect to non-Bluetooth devices.

Details: www.radioshack.com

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Keys ‘Seahag’ gets 30 years for killing man who refused to give her a beer

Former Conch Key resident Carolyn Dukeshire has the next 30 years to think about the can of Busch Light beer she never got from neighbor Martin Mazur.

That's the reason Dukeshire, 62, shot and killed Mazur, 64, last July 29 — she asked Mazur for a beer and he said no. That's when she shot him five times outside his Conch Key home.

Dukeshire — known by her friends and co-workers as the Seahag — pleaded guilty to second-degree murder Thursday, accepting an agreement with the Monroe state attorney's office for a maximum 30 years in prison. Assistant Public Defender Patrick Stevens represented her.

A grand jury handed down a first-degree murder charge against Dukeshire in August.

Assistant State Attorney Tanner Demmery said Mazur's brother was at Thursday's hearing before acting Circuit Court Judge Ruth Becker.

"The brother of the victim, he elected to have the victim advocate read his prepared statement to the court. Ms. Dukeshire had no comment," he said.

Demmery said Dukeshire submitted a statement to Becker indicating her remorse and that she'd pay the rest of her life for losing composure in that moment.

A 17-year Keys resident, Dukeshire had no previous arrest history in Monroe County.

According to a Monroe County Sheriff's Office report, just before the shooting, Dukeshire reportedly asked Mazur, for whom she had previously done some lobster-trap work: "Do you have a cold beer for me?" He reportedly replied, "I have absolutely nothing for you."

That's when Dukeshire shot Mazur twice in the lower right abdomen, twice in the back and once in the right wrist.

Deputy Michael Claudy's report says "it seems apparent" Mazur was attempting to flee from the gunfire but collapsed near a tiki bar in his backyard.

Mazur's reported business partner, Casey Whippo, 30, witnessed the shooting and told police he struggled with Dukeshire for the gun. Sheriff's office divers recovered the small-caliber weapon the next day in a canal behind the house.

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Justin Timberlake Backtracks on Britney Spears Comments

Justin Timberlake finally returned to the stage on Saturday, but caused a bit of an uproar among Britney Spears fans when he spouted off some catty comments about his ex before going into his hit song Cry Me a River.

During his performance at Saturday's Super Bowl DirecTV party, Mr. J.T. introduced the song by saying to the crowd, "Sometimes in life, you think you found the one. But then one day you find out, that she is just some bitch!"

However, by Super Bowl Sunday, Timberlake was singing a different tune. The Suit & Tie singer, 32, tweeted: "Ok. I see you. Wouldn’t disrespect ANYONE personally. Ever. #Relax #ItsBritneyB**** I do love that saying though*with accent* #Respect."

RELATED VIDEOS: Timberlake Performs New Tracks

Whose side are you on? Team J.T. or Team Britney?

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WATCH: Cops hunt for suspect after man fatally gunned down in Queens

Police released surveillance video of the heartless thugs who gunned down an Upper West Side man in Queens on Saturday.

The gunman is seen in the video raising his arm, gun in hand, and going after the victim. He then turns and flees with his accomplice.

Francisco Leal, 27, was leaving a liquor store on 21st Street and 41st Avenue in Astoria, when the two men approached him at 9:40 p.m., family members told The Post.

The gunman then shot him twice in the chest, police said.

Leal was rushed to Mt. Sinai Hospital in Queens, where he later died from his injuries, police said.

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Bright spots in Latin America despite global economic uncertainty

There are bright spots as Latin American and Caribbean economies begin the year but the uncertain health of the U.S. economy, the lingering financial crisis in Europe and more sluggish growth in China are casting shadows over the region.

A decade ago, dim prospects in those major markets would have delivered a knock-out punch in the region, but this year Latin American and Caribbean economies are expected to grow by 3.5 percent and average 3.9 percent growth in 2014 and 2015, according to a World Bank forecast. The United Nations’ Economic Commission has a slightly more sanguine forecast of 3.8 percent growth in 2013.

Both are better than the 2.4 percent growth the World Bank is forecasting for the global economy and the mere 1.3 percent increase it is predicting for high-income countries.

The U.S. economy grew by 2.2 percent in 2012. But the economy shrank 0.1 percent in the fourth quarter and the first quarter of 2013 also could be sluggish..

“That creates a soggy start for 2013 in Latin America,’’ said David Malpass, president of Encima Global, a New York economic consulting and research firm.

With a recession in Japan, even slower growth expected in Europe than in the United States, and questions about whether the dip in the Chinese economy has bottomed out and whether the United States will be making sharp cuts in defense spending and other federal programs come March 1, Latin American and Caribbean nations can’t really depend on the industrialized world to spur growth.

The region must look inward and undertake structural reforms that will allow growth from domestic factors, said Malpass, who was in Miami in January for an event organized by the University of Miami’s Center for Hemispheric Policy.

Panama’s $5.25 billion investment in expansion of the Panama Canal is an example of the inward focus that will pay off down the road, said Malpass. By 2015, Panama plans to have completed two new sets of locks on the Atlantic and Pacific sides of the canal and the deepening and widening of existing channels to accommodate the so-called Post-Panamax ships too big to traverse the current locks.

“It’s a difficult period but a period where developing countries are growing solidly but not as quickly as they might otherwise want to,’’ said Andrew Burns, the lead author of the World Bank’s annual Global Economic Trends report.

That means they should focus on investment in infrastructure and healthcare, structural policies, regulatory reforms and improvements in governance that will pay future dividends down the road, Burns said.

Such economic reforms, plus high commodity prices enjoyed by countries with fertile fields and mineral wealth, helped the region move beyond the global financial crisis of 2008 and 2009 far more quickly than it did when it was so dependent on economic cycles in the rest of the world.

Economic growth slowed in Latin America and the Caribbean from 4.3 percent in 2011 to an estimated 3 percent but that was still better than the 1.3 percent growth high-income countries managed in 2012, according to The World Bank.

China will continue to play a major role in Latin America and the Caribbean this year but whether the slowdown in China has reached its low point is subject to debate. But it’s relative. Slow growth in China would be brisk growth elsewhere. China says its gross domestic product grew 7.8 percent in 2012, the most tepid growth in 13 years and a comedown from 9.3 percent growth in 2011.

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Insane City: Read excerpt from Dave Barry’s new book

After a block and a half they came to the Clevelander, a legendary South Beach bar bearing no resemblance to anything that has ever existed in Cleveland. On a small stage next to the packed bar a woman wearing a basically invisible bikini was writhing to inhumanly loud pounding music. Nearby, beneath a sign that said D.J. BOOGA WOOGA was a man wearing black lace-up boots and a purple thong held up by orange suspenders. He was shouting into a microphone: “LAST CALL FOR THE MISS HOT AMATEUR BOD CONTEST! LADIES COME ON UP! FIRST PRIZE IS ONE HUNDRED DOLLARS! COME ON LADIES! LET’S SEE WHAT YOU GOT!”

Standing near the DJ were a dozen young women wearing garments that, if all of them were combined, might have provided enough fabric to make a sock.

“We should stop here,” said Kevin.

“No we shouldn’t,” said Seth. “We need to get to the Ritz.”

“We can’t get to the Ritz,” said Kevin. “Admit it. We tried, and we failed.”

“Plus,” said Marty, “they don’t have Miss Hot Amateur Bod at the Ritz, not to mention D.J. Booga Wooga.”

Seth looked back out at Ocean Drive. Still no taxis.

“Maybe there’s a bus to Key Biscayne,” said Big Steve.

“Shut up, Steve,” said Kevin.

“Come on, Seth,” said Marty. “One drink.”

“OK,” said Seth, dragging his suitcase toward the bar. “One drink.”

* * *

Three hours later, they were on their fifth pitcher of margaritas. The pitchers were $50 apiece, plus a generous tip for Vicki the bartender, with whom Kevin had fallen deeply in love. Kevin was also in love with Cyndi Friend Gonzalez, an outgoing young woman who had finished fourth in the Miss Hot Amateur Bod competition, and who was wearing a dress made from roughly one square inch of some extremely stretchy material. At Kevin’s invitation, Cyndi had joined the Groom Posse at the bar; she had in turn been joined by a friend of hers, a large bald man named Duane.

The posse was not thrilled about Duane, but nobody told him to leave, because in addition to being large, he had an 11-foot Burmese albino python named Blossom draped over his shoulders. Duane made his living collecting tips from tourists who wanted to have their pictures taken with Blossom. He’d been doing this for eight years and considered himself a professional. He also considered himself an ambassador for Miami, and upon learning that Seth was about to get married, he had appointed himself as tour guide.

“This is my town,” he said. “ ¿Se hablo españolo? You need weed? Oxy?”

“I think we’re good,” said Seth.

Duane brandished Blossom. “You want to hold her? No charge for the groom, man.”

“Maybe later,” said Seth, leaning back to avoid Blossom’s flicking tongue.

“Just say the word,” said Duane, pouring Seth and himself another glass from the pitcher, finishing it. Kevin waved to Vicki for another.

The Clevelander was now very crowded and making far more noise than the entire state of Nebraska. The sea-salted night air was warm and sticky and thick with the aromas of spilled beer and cigar smoke and Axe body spray and billowing clouds of do-me perfume worn by women who were not wearing a whole lot else. Seth was staring at one of these women, wondering how she sat down in that dress and hoping she would attempt to do so soon, when he realized that Big Steve was shouting something into his ear, trying to be heard over the all-obliterating boom-boom issuing from the coffin-sized speakers of D.J. Booga Wooga.

“WHAT?” said Seth.

“THE HOTEL!” said Big Steve. He held up his phone so Seth could see the time: 9:30. Seth frowned. He swiveled toward Marty, grabbing the bar to keep from falling off the stool.

“MARTY.”

“WHAT?”

“WE NEED TO GET TO THE HOTEL!”

“WHAT?”

“THE HOTEL!”

Marty frowned deeply for several seconds, processing this concept, then said, “WHAT?”

“Never mind,” said Seth. Realizing it was time to take matters into his own hands, he turned away from Marty and slid smoothly off the stool. He continued sliding smoothly until he found himself on all fours under the bar. He decided to remain that way for a bit, collecting his thoughts.

He’d been down there a while and had yet to collect any when he became vaguely aware of voices shouting above him in the thumping din. He heard his name, and realized that the voices belonged to Marty, Big Steve and Kevin, who, apparently unaware that he was under the bar, were trying to figure out where he was.

“Hey!” said Seth. “Down here!”

They didn’t hear him. Their voices were louder now, and more concerned.

“Hey!” Seth repeated, again going unheard. He thought about attempting to stand up, but at the moment that didn’t seem to be a good idea, or even possible. He decided to collect his thoughts some more and soon fell asleep with his back against the bar.

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Adorable Tots: Celebs and their Cute Kids!

Jessica Simpson

They grow up so fast! Jessica Simpson shared an adorable pic of her daughter Maxwell standing up on Feb. 1, 2013, tweeting: "My lil dollface is 9 months today!"

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Deadly deserts

Ralph Peters

Violence in Allah’s name in northern Africa won’t end in my lifetime — and probably not in yours. The core question is: To what extent can the savagery be contained?

From the Atlantic coastline to the Suez Canal, struggling governments, impoverished populations and frankly backward societies struggle to find paths to modernization and to compete in a ruthless global economy. Religious fanatics for whom progress is a betrayal of faith hope to block development.

Still, if the only conflict was between Islamist terrorists and those who want civilized lives, the situation could be managed over time. But that struggle forms only one level in a layer cake of clashing visions and outright civil wars bedeviling a vast region. Much larger than Europe, the zone of contention encompasses the Maghreb, the countries touching the Mediterranean, and the Sahel, the bitterly poor states stretching down across desert wastes to the African savannah.

AFP/Getty Images

Figthers of the Islamic group Ansar Dine

The Sahel is the front line not only between the world of Islam and Christian-animist cultures in Africa’s heart, but between Arabs and light-skinned tribes in the north, and blacks to the south. No area in the world so explicitly illustrates the late, great Samuel Huntington’s concept of “the clash of civilizations.”

If racial and religious differences were not challenge enough, in the Maghreb the factions and interest groups are still more complicated. We view Egypt as locked in a contest between Islamists and “our guys,” Egyptians seeking new freedoms. But Egypt’s identity struggle is far more complex, involving social liberals, moderate Muslims, stern conservative Muslims (such as the Muslim Brotherhood) and outright fanatics. The military forms another constituency, while the business community defends its selfish interests. Then there are the supporters of the old Mubarak regime, the masses of educated-but-unemployed youth and the bitterly poor peasants.

Atop all that there’s the question of whether the values cherished by Arab societies can adapt to a globalized world.

The path to Egypt’s future will not be smooth — yet Egypt’s chances are better than those of many of its neighbors. Consider a few key countries in the region:

Mali

Viva la France! (Never thought I’d write that in The Post.) Contrary to a lot of media nonsense, the effective French intervention in Mali demonstrates that not every military response to Islamist terror has to become another Afghanistan: The French are welcome.

As extremists invariably do, al Qaeda in the Islamic Maghreb (AQIM) and its allies rapidly alienated their fellow Muslims — after hijacking a local uprising. The local version of Islam is far more humane and tolerant than the Wahhabi cult imposed by Islamist fanatics. To the foreign extremists, the Malian love of Sufi mysticism, ancient shrines and their own centuries of religious scholarship are all hateful — as is the Malian genius for music that’s pleased listeners around the world.

Have a comment on this PostOpinion column? Send it in to LETTERS@NYPOST.COM!

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Hollywood cardiologist’s ties with St. Jude sales rep raises red flags

Mark Sabbota, a Hollywood cardiologist, regularly implants $5,000 pacemakers in patients at Memorial hospitals in South Broward — generating, last year alone, more than a half-million dollars in sales for a manufacturer called St. Jude Medical.

Sabbota, public records show, also happens to be partners with a St. Jude sales rep in two corporations that run frozen yogurt shops.

What’s yogurt got to do with healthcare?

Perhaps nothing. Perhaps a lot. The question is connected to an on-going lobbying battle in Washington over a pending disclosure policy intended to more clearly reveal financial ties between physicians and the healthcare industry — often-murky relationships that have produced a long history of whistle-blower lawsuits, federal investigations and fines.

Sabbota, in a brief interview, adamantly denied any conflict of interest. “There has been no wrongdoing at all,” he said.

Memorial spokeswoman Kerting Baldwin also said the hospital saw no problem with the yogurt arrangement. As a “community” doctor, not a staff employee, Baldwin said Sabbota can select from a list of pacemakers approved by the hospital but has no say over what companies made the list.

“As for why he prefers to use St. Jude, I won’t speak for him,’’ she said. “You’d have to ask him that.”

But several medical ethics experts said such relationships fall in a gray area. They raise what Kenneth Goodman, bioethics director at the University of Miami, called “red flags” about whether the doctor’s motivation in choosing a device “is something other than the best interests of the patient.”

“Maybe it’s just a good business arrangement that has nothing to do with the devices he chooses,” said Charles D. Rosen, a California physician who is co-founder of the Association for Medical Ethics. “But the issue is public disclosure and transparency. You as a patient should have the right to know about a doctor’s financial relationships with companies.”

Concerns about the relationship between doctors and healthcare companies have been simmering for years. Americans are so suspicious of doctors’ connections that, in a 2008 Pew Charitable Trusts survey, 86 percent of patients said doctors should not be allowed to get free dinners from drug makers and 70 percent said doctors shouldn’t even be allowed to get free notepads and pens.

The 2010 Affordable Care Act includes a provision intended to address some aspects of these often-cozy relationships. Starting Jan. 1, healthcare companies were supposed to publicly post how much they were paying doctors. But that provision has been held up in the White House by intense lobbying.

“I don’t know why the hold-up, except the intense opposition of the industry,” Rosen said. His group, including members of the Harvard Medical School and Cleveland Clinic, wrote a letter to the Obama administration last month protesting the delay.

The group complains that the healthcare industry is trying to soften the rules so that foreign subsidiaries and doctors engaged in clinical trials wouldn’t have to reveal payments. But even if the disclosure rules are implemented, a side deal like Sabbota’s yogurt company would not have to be revealed under the new law, Rosen said.

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