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Written By Unknown on Kamis, 28 Maret 2013 | 23.18

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Tarrant Co. DA's Wife: No Conflict of Interest in Fraud Case

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Tarrant County District Attorney Joe Shannon, his wife and his office were under fire on Wednesday in an all-day hearing at the Tim Curry Criminal Justice Center.

Shannon himself didn't make an appearance, but defense attorneys in a fraud case want the DA and his office to be removed from trying a case of tampering with a government record.

Mario X. Perez faces six counts of tampering with a government record in relation to campaign finance filings for Arlington school district board seats.

Perez's attorneys, Joetta Keene and Greg Westfall, argue that the district attorney's office only learned of the alleged crimes when Shannon's partner at the time, Rebecca Lucas, now his wife, informed him about possible criminal behavior.

In a filing with the court from Feb. 21, Perez's attorneys say that Lucas and Shannon have a financial stake to see Perez prosecuted because Lucas was the divorce attorney of Perez's former wife. The proceedings were not completed when Lucas passed this information on to Shannon, they said.

But when Lucas took the stand, she countered all of the defense attorneys' claims. She said divorce proceedings were closed with 40 days of her being hired by Azzah Perez, Mario Perez's now former wife.

Lucas said she is no longer Azzah Perez's attorney and therefore would not benefit from Mario Perez's prosecution. She also made it clear that her husband wouldn't do her or her client any favors.

"You know what, I would like to answer that question," Lucas said. "That's just like saying you know a judge and a judge is going to throw something for you. It's highly offensive to me that your question implies that Joe would do something for me that Joe wouldn't do for another citizen regarding his job."

Lucas said she did tell Shannon that she had a client who was concerned her husband was involved in some kind of election fraud. But she said that was mostly in passing and that she didn't give Shannon any specifics or details. It only came up because Mario Perez's attorney had left a nasty note for Lucas on the couple's front porch, she said.

Lucas said she eventually met with a district attorney investigator to pass along a seven-page memo she'd written based on the information she'd received from her client, Azzah Perez. The DA investigator testified that he met with Azzah Perez at Lucas' office. He also inadvertently let it slip that Azzah would not testify during Mario's trial.

Throughout what was at times testimony filled with minutiae and legalese, Lucas held steady that her husband would not do her any favors and that he isn't very involved in Mario Perez's prosecution.

"He has 165 lawyers that work for him," Lucas said. "I do not believe that that man's divorce and the things that were at issue in their marriage has anything to do with what's going on here today."

Lucas said she passed the information on because she felt she had. She compared her actions to that of a neighbor witnessing a neighbor murdering his wife and burying her in the backyard.

"If I've satisfied my duty as a citizen to turn over a criminal, I don't think he has to recuse himself, no," she said.

Azzah Perez briefly testified in the morning portion of trial, but after denying she sent e-mails to her ex-husband bragging about how he was under indictment, Judge George Gallagher stopped her testimony. Gallagher determined that she need legal representation and appointed her an attorney who was merely observing the case. After an extended break, Perez returned to the stand choosing her right not to incriminate herself and took the Fifth Amendment.

Gallagher will decide whether the district attorney's office can continue with the prosecution or if a special prosecutor will be needed.

The hearing resumes Thursday at 9 a.m. in 396th District Court.

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Extended Warranty: Waste of Money or Peace of Mind?

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While millions of consumers purchase extended warranties for peace of mind, some experts advise shoppers to think twice before buying them.

Extended warranties were introduced in the late 1980's and have been marketed to consumers ever since. While manufacturer's warranties for many products typically cover the first year, extended warranties usually cover two or three years.

"Through our analysis of hundreds of thousands of responses to our Annual Questionnaire, we have determined that a repair during that limited time frame is unlikely," said Mark Kotkin, Director of Survey Research at the Consumer Reports National Research Center.

Kotkin also said the cost of the repair is generally not much more than the cost of the warranty and expensive repairs for recent purchases are "exceedingly rare."

Still, consumers look at these service contracts as insurance policies.

Richardson resident Betty Pratt said she has bought an extended warranty for every appliance in her home, from the refrigerator to the dishwasher.

She said she'd never thought twice about the protection these service contracts offer until she called to get her stainless-steel GE Profile dishwasher serviced.

"It isn't heating as well as I would like it.  Even with the extended heating on there, it isn't as hot as it should be," said Pratt.

She said she bought the appliance three years ago for more than $1,500 from The Great Indoors, a Sears-owned store that, until 2012, had a location in North Dallas that is now closed.  She said she picked that model because to her it seems easy to use.

"It's very simple. It washes china and crystal, pots and pans, a normal cycle, extra heat, delayed time and that's it," Pratt said.

At the same time she spent an extra $299.99 for a five-year extended warranty offered by Sears, buying into the sales person's pitch.

"It was the manufacturer warranty isn't very extensive," Pratt said the salesman told her. "We offer a warranty that will add to that; cover you for three to five years.  It will cover everything."

But when she called Sears to make good on the contract and service the dishwasher, she was told by a customer service representative her appliance was "too high end" and Sears' technicians were not trained to service it. 

After spending hours on the phone and writing emails, the Sears Corporate Office left her the following two options: Find her own technician, provided that Sears may or may not pay for, or accept a refund for a prorated portion of what's left on her warranty.  She said these options are not what she bought into when she purchased the warranty. 

That's when Pratt called NBC 5 Investigates Consumer Unit.  We contacted Sears.

"Sears services most brands, but there are products on which we sell warranties that Sears employees do not service. However, in those cases we contract with providers who are trained, and who go through a rigorous authorization process," explained Larry Costello, Sears Holdings Public Relations Director, via email.

"Regarding customer Pratt's situation with her GE Profile dishwasher, we're confident this was a very isolated incident, caused in part by a technical glitch in our routing software and in part by associate error which prevented us from locating a provider who could service their product," Costello said.

Question of Price

"It comes down to a question of price.  If the five-year extended warranty were free, I dare say even Consumer Reports would find it valuable.  If it were twice the price of the washing machine, nobody would find it to be valuable," said Eric Arnum the editor of Warranty Week, an online newsletter and web site for warranty professionals.

"The goal should be to balance the risk and the reward properly so that it is a value to the consumer, and is financially viable to the seller and to the insurance company that backs it.  I think there is a price where that can be achieved," Arnum said.

The Service Contract Industry Council, a trade association representing the extended warranty industry, said service contracts can help consumers save money because the cost of repairs can be greater than the cost of the extended warranty. 

However, it tells consumers to avoid purchasing a contract if they feel overly pressured by sales personnel.  And for consumers who opt in, the association recommends that consumers read the provisions carefully.  Keep paperwork, and use the contract for even small covered repairs to maximize its value.

In Texas, consumers have what's called a free-look period of 30 days.  If you buy a service contract, you have 30 days to change your mind and get a full refund for the price of the contract, unless you have made a claim on that contract. 

Days after NBC 5 called Sears, the company scheduled a local technician to service Pratt's dishwasher and even offered her a brand new one.  But Pratt said Sears is missing the mark.

"I want Sears to change this policy for people.  You're saying you can fix it. Then you'd better hire the people and train them to service what you are selling.  You're selling a warranty; stand behind that warranty.  Do what you say you can do," she said.

That, according to Pratt, means standing behind the warranties it sells. 

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Bugaboo Cameleon 3 Stroller Recalled

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Bugaboo Americas is issuing a recall for their Cameleon 3 strollers sold nationwide from Sept. 2012 through March of 2013.

More than 16 reports of handles breaking or detaching have been filed. When the handle is removed, it poses a fall hazard for infants and toddlers.

No injuries have been reported.

About 9,200 strollers are being recalled in the United States and 960 in Canada.

For a free replacement handle, contact Bugaboo at 800-460-2922.

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Armed Robber Killed by Victim: Police

Jeff Smith, NBC 5

One man is dead after a would-be armed robber was shot by the robbery victim as he tried to steal the victim's SUV.

Armed Robber Killed by Victim

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One man is dead after a would-be armed robber was shot by the robbery victim as he tried to steal the victim's SUV.

Police said the victim, whose name hasn't been released, had a gun pressed against his head by the armed robber in the parking lot of the Bel Air Place apartments on Dewberry Blvd. in Lancaster.

The robber forced the victim at gunpoint to take him to his upstairs apartment. The victim said the robber said he'd kill him if he didn't give him "everything he had."

While being held in his apartment, the victim grabbed his own gun and started shooting at the robber. The two exchanged gunfire inside the apartment and the shootout continued to the breezeway and down into the parking lot.

Witnesses said the robber and the victim exchanged seven or eight shots during the incident.

Police say  the robber was shot and killed while trying to steal the victim's SUV.

"It is under investigation, but everything leads us to believe that is was a robbery attempt and he was the victim," said Lt. Kelly Hooten with the Lancaster Police Department.

The victim's name hasn't been released by police and he hasn't been charged with a crime.

He returned to his apartment around 7:30 a.m. Thursday after being interviewed by police. He wouldn't give his name, but agreed to talk about what he was thinking during the robbery attempt.

"I was scared for my life," he said. "He pressed a gun against my head and told me to give me everything I had."

"Wouldn't you be scared too, if there was a gun pressed against your head?" he said.

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Amber Alert Canceled, Teen Found Safe

Keaton Fox, NBC 5

An Amber Alert has been canceled for a 16-year-old boy who returned home uninjured.

Amber Alert Canceled, Teen Found Safe

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Amber Alert: Teen May Be in "Imminent Danger"

Investigators believe 16-year-old Aron Jones was taken by 24-year-old Tarvarus Stuckey.

Amber Alert Issued for 16-Year-Old

Dallas police issued an Amber Alert for 16-year-old Aron Jones (left) they believe he was kidnapped by 24-year-old Tavarus Stuckey (right). Police say he's being held against his will.

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An Amber Alert has been canceled for a 16-year-old boy police feared was in imminent danger overnight.

Aron Lavon Jones was last seen at about 5 p.m. Tuesday walking away from his home along the 7900 block of Lost Mirage Drive. Jones was with two other males at the time.

Mitchell Warren with the Dallas Police Department sent the following statement on the end of the Amber Alert:

"Aron Lavon Jones returned home earlier this morning uninjured. He is currently on his way to police headquarters to be interviewed by detectives. There were no arrest made thus far. The Amber Alert has been cancelled."

Police said they had reason to believe Jones was a kidnapping victim and was in imminent danger overnight, though they didn't disclose what led them to that conclusion.

Jones is black and stands about 5 feet 7 inches tall.  He weighs approximately 160 pounds and has black hair and brown eyes.  He was last seen wearing khaki pants, a black Polo shirt and blue and white sneakers.

Investigators believe Jones was taken by 24-year-old Tarvarus Stuckey (pictured below). They may have been traveling in a 2005 gold Land Rover with Texas license plate DN2B787.

 Photo provided by DPD

Stuckey does have a criminal record that includes aggravated robbery.

NBC 5's Frank Heinz contributed to an earlier version of this report.

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State Fair of Texas Fires Bill Brag, Voice of Big Tex

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Big Tex, the towering statue and an iconic symbol of the State Fair of Texas, is getting a new voice.

The State Fair of Texas said that it decided Tuesday to not renew the contract of Bill Bragg, who has been the voice of the of the cowboy figure for 11 years.

"I'm not bitter but, boy, am I broken-hearted," Bragg said.

Bragg says there there had been signs of trouble in the past, but nothing that would have led to this. The primary concern had been over his title, Bragg said.

Fair spokeswoman Sue Gooding said the State Fair intended to bring Bragg back at the end of last year's fair. She declined to discuss the reasons why the contract was not renewed.

Bragg said the end was spelled out long ago.

"You know, today ain't Christmas, but Santa Claus is still around up at the North Pole, and it seems that did not apply at the State Fair," he said.

Bragg said he believes that his decision to do interviews about the electrical fire that destroyed Big Tex in the fall may have been the final straw.

"And everybody lost in this situation," he said. "I lost; the State Fair lost. And the biggest loss is to the people who come to the State Fair, especially the children. For 11 years, they've been used to one voice, and I was prepared to do it until I couldn't do it any long. But, apparently that's not the case."

Big Tex will not switch to prerecorded greetings, Gooding said.

The voicing contract is for a paid position for the 24 days of the fair, Gooding said. A new voice has not yet been selected, she said.

The voice won't be the only change coming for Big Tex after the the official fair greeter burned down last fall. The redesigned version will stand 55 feet tall, three feet taller than the original.

NBC 5's Ben Russell contributed to this report.

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Former Prep School Student Gets $42M in Tick Bite Case

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A former prep school student was awarded $41.7 million after being left unable to speak from a tick bite that occurred a school trip to China.

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A jury awarded $41.7 million to a former prep school student after a tick bite on a school trip to China left her with brain damage, according to reports.

The Bridgeport, Conn., jury deliberated for eight hours on Wednesday and ruled in favor of Cara Munn, 20, in a lawsuit against The Hotchkiss School, an elite 122-year-old private school in Lakeville. Annual tuition at the school can cost up to $46,775, according to the Connecticut Post.

Munn attorney Antonio Ponvert III said her injuries were "easily preventable," The Associated Press reported. He called for schools to check with the Centers for Disease Control and Prevention for risks before sponsoring trips abroad.

Munn and her classmates arrived in China in 2007, when she was 15 years old, and contracted tick-borne encephalitis on a hiking trip. She began experiencing symptoms like headaches, seizures and fevers, her lawyers said. The illness left her brain damaged and unable to speak.

The school's attorneys argued that some illnesses are rare and they could not have foreseen a risk. The school plans on appealing the verdict, according to the Connecticut Post.

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Newtown Shooter's Home Was Loaded with Weapons, Ammo

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Newtown killer Adam Lanza and his mother kept their home stocked with a massive cache of guns, knives, swords, ammunition and firearm accessories—a startling array of weapons described in newly released documents that sketch a portrait of a household enamored with firearms and of a young man apparently coping with emotional issues that may have included Asperger's Syndrome or autism.

The documents, released Thursday morning, outline what police found in the home following Lanza's Dec. 14 rampage, which began with him shooting his mother in bed and culminated with a massacre inside Sandy Hook Elementary School, where he gunned down 20 first graders and six adults and then killed himself.

They also raise new questions about what Lanza's 52-year-old mother, Nancy, knew about the danger that her son posed, and whether she was complicit in allowing him to obtain guns.

Among the paperwork taken from the Yogananda Street home they shared were photographs of what appeared to be a bloody body, a New York Times article about a 2008 mass shooting at Northern Illinois University, self-help books for understanding the minds of people with Asperger's and autism, a paperback entitled "Train Your Brain to Get Happy," a guide to pistol shooting, and a holiday card containing a check Nancy Lanza wrote to Adam for the purchase of a firearm. The documents also show that Adam Lanza kept a gun safe and a military-style uniform in his bedroom, and had received some sort of certificate from the National Rifle Association.

Police seized several of Adam Lanza's personal journals and drawings, a smashed hard drive, handwritten notes on the addresses of local gun shops and several printed emails. The documents do not indicate what they contained.

Newtown Families Prepare For Release Of Search Warrants

The family members of those affected by the Sandy Hook shooting, prepare for the release of search warrants containing new details about the massacre.

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The list of weapons found in the home reads like the contents of a survivalist bunker. The guns included an Enfield Albion bolt-action rifle, a Savage Mark II .22-caliber rifle, an AGP Arms 12-gauge shotgun, a black BB gun and a starter pistol. In addition, investigators found several large-capacity magazines, along with a huge array of ammunition: at least 126 shotgun shells and 1,526 bullets, including 661 .22-caliber bullets, 178 .45-caliber bullets and 161 9mm bullets. There were also nine knives, three Samurai swords, a pole outfitted with a spear and blade and a bayonet.

Many of those items were found in an open gun safe, but the documents do not indicate whether they were found in the safe in Adam Lanza's bedroom, or if there was a second one elsewhere in the house.

In any case, Adam Lanza clearly had a wide array of weapons to choose from to carry out the second deadliest school shooting in U.S. history.

He started with his mother, shooting her in the forehead with a .22 caliber rifle. Then he took four guns to the scene: a .223 caliber Bushmaster rifle, which he used to shoot the students and school workers; a Glock 10mm handgun, which he used on himself; a loaded 9 mm Sig-Sauer handgun found on his body; and a 12-gauge Izhmash Canta shotgun, which he left behind in his mother's Honda Civic outside the school. In the car there were two magazines containing 70 shotgun rounds.

All four of those guns were legally owned by Nancy Lanza, authorities have said.

The documents, which had been under court seal since the start of the investigation, cover five search warrants. The seal expired on Thursday. The judge overseeing the case granted prosecutors' request to redact certain details, including a witness' name, a telephone number and a credit card number.

Along with the search warrant documents, Danbury State's Attorney Stephen J. Sedensky III included a statement that added details to the rampage and its aftermath.

The first 911 call from the school reached authorities at 9:35 a.m., the documents say. When police arrived, they found Nancy Lanza's Civic parked in the fire lane in front of the school. Adam Lanza had shot his way into the entrance. The dead were found in two classrooms near the front door.

In one of the classrooms police found Adam Lanza's body, outfitted in military-style clothing. They recovered the Bushmaster—with 14 rounds in its magazine and one in its chamber—and two handguns, along with three fully loaded 30-round additional magazines for the Bushmaster. Nearby were six more 30-round magazines, three of which were spent, and three of which still had bullets inside. At the scene investigators collected 154 spent .223 shell casings.

The school attack is believed to have lasted less than five minutes.

Authorities headed to the Lanza home, about five miles away, and found Nancy Lanza in bed in a second-story bedroom with a gunshot wound to her forehead, and a rifle on the floor.

Besides the article about the Northern Illinois University shooting, in which Steven Kazmierczak killed five people and injured 21, the newly released Newtown documents do not add to prior reports that Adam Lanza had studied prior mass shootings.

The Hartford Courant has reported that investigators found news articles about Anders Behring Breivik, a Norwegian man who in July 2011 detonated bombs that killed eight people in downtown Oslo before going on a rampage at a summer retreat, shooting 69 people to death, most of them teenagers.

Connecticut Police Lt. Paul Vance has in the past dismissed reports that Lanza had felt himself in competition with other mass murderers as "mere speculation."

Sedensky, in his Thursday statement, stressed that the investigation is continuing, and although authorities don't contemplate making any arrests, it is still possible. He said the the search warrant documents would not jeopardize the case.

A final report on the investigation is expected in June.

State police and local officials privately briefed victims' families at the Newtown Municipal Center Wednesday night on how to handle the release of the documents.

"I think it reopens...it causes them to revisit the pain they felt three months ago," said Newtown Schools Superintendent Janet Robinson. "It's really too bad when we go on this path of healing to have these things that come back to us and remind us and take us back to the events again. It's hard."

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