The Lede Blog: Vacation on Syria's Front Lines Goes Wrong for Russian Judge

Last Updated, Friday, 11:43 a.m. A Russian judge who decided to spend his vacation moonlighting as a war correspondent in Syria survived being shot in the face and arm this week in the Damascus suburb of Darayya, according to the Web news agency he writes for as a volunteer.

The shooting of the judge, Sergey Aleksandrovich Berezhnoy, was caught on video by the crew from the Abkhazian Network News Agency he was accompanying as it reported on a unit of the Syrian Army fighting rebel forces outside the capital. The ANNA video report shows him snapping photographs on a ruined street before the incident and includes graphic scenes from the emergency surgery in a Syrian military hospital that saved his life.

A video report from an Abkhazian news agency embedded with the Syrian Army outside Damascus showed a Russian judge.

In an interview with Voice of Russia on Thursday, Mr. Berezhnoy told the state broadcaster: “Now I feel fine. They are making a dressing. Of course I am coming back to Russia. But I want to keep working here until I finished everything I planned. What is going on in Syria hurts me. They are destroying a culture, destroying a civilization, destroying the flower of a nation. And it is very frightening. The whole world needs to fight for Syria.”

What exactly Mr. Berezhnoy, a 57-year-old deputy chairman of a provincial arbitration court in the Russian city of Belgorod, was doing on a Syrian front line on Monday remains unclear. His wife told reporters that her husband had traveled to Syria “on a charity mission,” Russia’s state news agency reported. His boss told a Russian news site that he knew Mr. Berezhnoy was on vacation but had no idea where he had gone until reports of his misadventure in Syria surfaced.

An account of the shooting published on Monday by the blogger and Abkhaz news agency correspondent Marat Musin described the judge as a prize-winning prose stylist. Almost in passing, Mr. Musin also mentioned that Mr. Berezhnoy had fought, as a military intelligence officer, in the separatist wars that followed the dissolution of the Soviet Union in the 1990s. One of those conflicts was in Abkhazia, the breakaway Georgian republic now governed by Russia, Mr. Musin wrote.

Sergey Aleksandrovich who fought for five years as an intelligence officer in Abkhazia and in other hot spots of our vast Motherland did not utter a single groan. Surgery was made by a general, the head of the military hospital. The bullet will be extracted tonight or tomorrow morning.

Before the volunteer member of our agency and well-known writer was wounded, we drove to the front line in the vicinity of Sukaine mosque in Darayya. Sergey Berezhnoy is the winner of many literary prizes, namely for his military prose.

Mr. Musin went on to describe how the Russians embedded with the Syrian Army were forced to cross one “fire-swept street” after another as they attempted to make their way to safety. After a rebel sniper nearly shot the crew’s translator, Viktor Kuznetsov, in the head, Mr. Musin wrote:

The next to cross this street was Sergey. The first bullet did not stop him; neither did the second which hit his arm. He managed to run to the safety of a wall and stood up there.

I couldn’t understand why he was standing there instead of stealing into a hole. When we saw a stream of blood, we realized what had happened. The wounded Sergey Berezhnoy had to run across another fire-swept street. Then we were in a car to the hospital for tomography, x-ray and surgery.

To stifle his groans he tried to joke.

Please, light a candle for the miraculous survival of my friend.

Although most of the reports on the incident framed it as an example of the perils of “extreme tourism,” the reference to Mr. Berezhnoy’s past service in military intelligence got the attention of some reporters in Moscow, who were trying to puzzle out what he was doing in Syria.

But after even state television mentioned his intelligence career, the judge himself denied that he was a spy in a blog post published on the ANNA Web site early Thursday, apparently written after he was discharged from a hospital in Damascus.

As The Moscow Times reported, Mr. Berezhnoy invoked a version of the domino theory to explain his motivation to bear witness to the Syrian struggle against rebels he characterized as sectarian, Islamist terrorists. If President Bashar al-Assad were to fall, he speculated, the instability would quickly ripple to the Russian Caucuses, then to the Volga region and the Urals, until all of “Mother Russia” would be “dismembered.”

Asked about Mr. Berezhnoy’s case at a briefing on Thursday, a Russian foreign ministry spokesman, Aleksandr Lukashevich, described him as a volunteer the government knew nothing about.

The dramatic video of the Russian judge being wounded and operated on drew attention to the work of the previously obscure news agency and raised questions about who its reporting is aimed at. Chief among those questions was why a tiny Georgian enclave attached to Russia’s Black Sea coast would set up a news agency that appears to be devoted almost entirely to coverage of Syria. Of more than 300 video reports posted on the ANNA YouTube channel in the past two years, all but a handful on Libya appear to be about the Syrian civil war, as seen from the government’s perspective.

What relationship, exactly, ANNA bears to Abkhazia is also unclear. According to the agency’s Web site, it was registered in July of 2011 in the Republic of Abkhazia. An online biography for Mr. Musin describes him as the news agency’s manager, a professor at Moscow University and the “deputy head of the Russian Committee for Solidarity with the Peoples of Syria and Libya.”

One theory, supported by the fact that several of the ANNA video reports are subtitled in English, is that the producers of the clips might be working in support of a Russian foreign policy aim, to cast the Syrian government’s battle with “terrorism” in a more positive light for viewers outside Russia. The news agency’s reports, which appear online under the motto “Truth Explaining Facts | Facts Supporting Truth,” could be part of an effort to make a better case for Mr. Assad’s government, and partly redress the imbalance in global public opinion that formed early in 2011, when images of peaceful protesters being shot at by the Syrian security forces flooded social networks.

A typical example is a video report from earlier this month on the fighting in Darayya that features an interview with a Syrian general explaining the struggle. The report begins with images of government soldiers mocking the rebel battle cry of “Allahu Akbar,” or “God Is Great.”

A recent video report, with English subtitles, on the Syrian military’s effort to regain control of a Damascus suburb.

Another video report, from last week, featured interviews with Syrian government soldiers who claimed that the rebels had placed mines in a mosque in the Damascus suburb, “trying to flame a sectarian war; but they will not manage to do so, because the Syrian people are one, while they are foreigners.”

A video report shot last week by a Russian news agency crew embedded with Syrian troops.

While the efforts of the Abkhaz news agency are in line with the Russian government’s support for the Assad government, the battle for Russian hearts and minds is not at all one-sided.

There are many Russian citizens in Syria — 30,000 was the estimate from the Russian embassy there last year, but it could be considerably more than that — in large part as a result of decades of intermarriage between Syrian men and Russian women.

Though Russia’s government has provided Mr. Assad with crucial political support, it is not clear that the Russians in Syria universally support that view — in fact, a deputy foreign minister said in December in an unscripted moment that he believed half the Russians in Syria hold opposition views. In many cases, this may be because they are women married to Syrian men who support the opposition. Moreover, in Syria there are a significant number of ethnic Circassians, a non-Slavic ethnic group that was driven out of the south of Russia by the czar’s armies, and many of them are critical of the Kremlin’s pro-Assad position.

Just last week, the Saudi satellite news channel Al Arabiya discovered (and translated into English) a propaganda video posted online by a rebel brigade in which a Russian-speaking woman declared her allegiance to the Free Syrian Army.

Video posted online by Syrian rebels featured a Russian-speaking woman declaring her support for the uprising.

Wearing a military uniform and holding a camera, the woman said: “I am a Russian citizen and am standing amongst members of the Free Syrian Army. Every person here has the right to fight back and defend himself and his family. Waiting for aid from the Russian government is pointless, and it’s completely idiotic to wait for the Syrian regime’s help as well.”

Her declaration concluded:

Both the Russian and Syrian people are peaceful and of good hearts, but the governments in both countries are aiming to destroy Syria. And a government like this will topple sooner or later.

On a personal level, I used to be a supporter of Bashar al-Assad, until I witnessed with my own eyes how his forces destroyed my neighborhood and killed my relatives. And the shabiha kidnapped girls from the streets and have done many unrighteous acts towards them. As such, we should not forgive them and I will continues to protect whatever is left for me here.

Nikolay Khalip contributed reporting.

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How I learned to stop worrying and love Twitter






Is anything more uniquely American than our free-wheeling, 140-character missives?


Twitter is dead, you guys. Writers used to send pithy tweets across cyberspace, borne on the golden wings of Hermes. Now, as T.S. Eliot would say, “Our dried voices, when we whisper together are quiet and meaningless.” Twitter is so uncool, that even if we resurrected the spirits of Jim Morrison and Jimi Hendrix and got them to tweet never-before-heard song lyrics from the grave, they would have like, 20 followers, tops. And most of them would be spambots. Do you know what else is dead? Rock and roll. When I put on the Dead Weather or Jay-Z, my parents inform me that music used to be all about free love and sharing ideas and now, “Will you turn off that crap you’re hurting my ears.” There is no cool left for me. I must survive on the vapors of Lady Gaga‘s strange perfume and the shiny white veneer of Kim Kardashian‘s teeth. But it’s okay, it’s not like I can tell the difference.






Hi. I’m a twenty-something journalist. And unlike my colleague Matt K. Lewis, I like Twitter.


SEE MORE: Introducing Vine: Twitter’s 6-second video-sharing app


Now, I can see where Matt is coming from. The popularity of Twitter used to befuddle me. When I was in college, I had a private account (rookie mistake) and only followed my friends. My feed read something like an episode of Girls, except with more substance-abuse problems. Twitter did seem kinda like high school, and, as Matt says, was more prison than vision (although to this day, I love a good nonsensical midnight Twitter ramble. And Horse E-Books.) But a couple years later, once I was a working journalist, I started following an increasingly diverse set of people. And another cool thing happened: The Arab Spring. Citizen activists in countries like Egypt, Libya, and Yemen successfully organized revolutionary protests through the social network, and all of a sudden, I stopped viewing Twitter as a place where people just talked about their hangovers. 


Since then, I have been tasked with tweeting from the official accounts of several media organizations — I’m kind of a professional tweeter. By the end of today, I (and my colleagues) will have written and sent out about 70 tweets for Mother Jones — tweets that are (hopefully) informative, spelled correctly, promote our content, match the tone of the publication, and don’t accidentally include cat gifs or naked pictures. If anything should make one despise Twitter, it’s being required to tweet all day long. But instead, it’s only made me more fond of the damn thing.


SEE MORE: 10 famous first tweets from the Pope, Barack Obama, the Dalai Lama, and more


Every day, I get to hear from people, REAL LIVE PEOPLE, who are exercising their free speech rights about something my colleagues and I wrote with our free speech rights. How cool is that? What could be more American than a bunch of strangers conversing in real time about whether the Boy Scouts can constitutionally ban gay members, that great Local Natives album that just came out, and who is really the communist here? (Okay, fine. It’s me.) 


Another point in Twitter’s favor: Go to Facebook or (God forbid) the homepages of various news organizations, and you’re never going to easily or quickly find as many live updates of Hurricane Sandy, the Sandy Hook school shooting, or the 2012 presidential election as you would on Twitter. It’s the go-to place for lightning-quick, easily searchable information. (By contrast, if you need a live update of which color mason jars you should have at your wedding someday, Pinterest has so got you covered.)  


SEE MORE: Why I love Twitter


And unlike journalists exhausted by the troll-y nature of the beast, I like the free-wheeling accessibility of Twitter. The quality of my interactions are mostly positive, probably because I tend to only follow people I would be interested in speaking with in the real world. And just like the real world, sometimes some crazy guy who smells like whiskey and is probably on PCP will try to flash me on the Metro. But that just makes it kind of exciting, right? 


View this article on TheWeek.com Get 4 Free Issues of The Week


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Tracy Morgan Reveals How He's Celebrating the 30 Rock Finale ... and His Baby on the Way















02/01/2013 at 12:00 PM EST







Tracy Morgan and Megan Wollover


Theo Wargo/WireImage


Thursday was a busy day for Tracy Morgan: not only did he and his fiancée Megan Wollover announce that they're expecting their first child together, but his long-running NBC sitcom, 30 Rock, came to an end later that night.

"It's sad because all your friends and your people, you're not gonna see anymore, but at the same time, it's feeling good because we know we did seven years of good television," said the actor, who admitted that he's keeping his character's "TJ" chain. "We're feeling great about what we've accomplished."

To celebrate the finale, Morgan, 44, who is in New Orleans for the Super Bowl (his commercial for Mio Fitt, a sports drink, will air immediately after halftime on Sunday) said that he and Wollover, 25, were planning to lay low.

"Me and my lady are gonna go out to dinner, watch the finale and go to sleep," he said. "She's looking forward to grabbing a plate of soul food. Collard greens – I think she's in love with macaroni and cheese."

As for the announcement that they're expecting a child later this year, Morgan says, "We are feeling great about it – to have a new addition to our family and our life. I want my fiancée, my soon to be wife, to have a healthy and a safe childbirth, that's the most important thing and we are just delighted to have a bundle of joy on the way."

Though they don't know the gender yet, Morgan says they'll possibly find out a little later into the pregnancy. For now, they're just enjoying the moment.

"We're really feeling blessed," he said. "We're planning on being the best parents that we can be."

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Hedgehog Alert! Prickly pets can carry salmonella


NEW YORK (AP) — Add those cute little hedgehogs to the list of pets that can make you sick.


In the last year, 20 people were infected by a rare but dangerous form of salmonella bacteria, and one person died in January. The illnesses were linked to contact with hedgehogs kept as pets, according to a report released Thursday by the Centers for Disease Control and Prevention.


Health officials on Thursday say such cases seem to be increasing.


The CDC recommends thoroughly washing your hands after handling hedgehogs and cleaning pet cages and other equipment outside.


Other pets that carry the salmonella bug are frogs, toads, turtles, snakes, lizards, chicks and ducklings.


Seven of the hedgehog illnesses were in Washington state, including the death — an elderly man from Spokane County who died in January. The other cases were in Alabama, Illinois, Indiana, Michigan, Minnesota, Ohio and Oregon.


In years past, only one or two illnesses from this salmonella strain have been reported annually, but the numbers rose to 14 in 2011, 18 last year, and two so far this year.


Children younger than five and the elderly are considered at highest risk for severe illness, CDC officials said.


Hedgehogs are small, insect-eating mammals with a coat of stiff quills. In nature, they sometimes live under hedges and defend themselves by rolling up into a spiky ball.


The critters linked to recent illnesses were purchased from various breeders, many of them licensed by the U.S. Department of Agriculture, CDC officials said. Hedgehogs are native to Western Europe, New Zealand and some other parts of the world, but are bred in the United States.


___


Online:


CDC report: http://www.cdc.gov/mmwr


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Nasdaq rises one percent, Wall Street extends rally


NEW YORK (Reuters) - U.S. stocks hit five-year highs and the Nasdaq rose 1 percent on Friday, after jobs and manufacturing data showed the economy's sluggish recovery is still on track.


The Dow Jones industrial average <.dji> gained 135.05 points, or 0.97 percent, to 13,995.63. The Standard & Poor's 500 Index <.spx> rose 13.85 points, or 0.92 percent, to 1,511.96. The Nasdaq Composite Index <.ixic> advanced 31.27 points, or 1.00 percent, to 3,173.40.


(Reporting by Chuck Mikolajczak; Editing by Bernadette Baum)



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India Ink: Image of the Day: Jan. 31

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Diem Brown Blogs: How I Cope With My Anxiety

In her PEOPLE.com blog, Diem Brown, the Real World/Road Rules Challenge contestant recently diagnosed with ovarian cancer for the second time, opens up about her desire for a child and the ups and downs of cancer and fertility procedures.

The waiting game.

We have the technology to put a man on the moon, and the President and the Pope Tweet us in real-time updates. But when it comes to medical test results, it feels as if things move at a snail's pace. After waiting since Jan. 4 to supposedly find out on Jan. 25 about the "suspicious," "concerning" spot on my liver after my last CT scan, I come to find out these test results aren't as instant as I had imagined.

The waiting game is one that can – no lie – drive you mad! If I allow my anxiety to take control, I can immediately feel the tension all around me like a boa constrictor that is seemingly taking up the slack every time I let out an exasperated breath.

I know it hasn't been that long since Jan. 25, but it's been a long time in my mind, as I've been waiting since Jan. 4 to hear if I am in the final chapter of this cancer book or am I just starting "book one" of a very long series.

This may seem funny, but I have the same coping mechanism when I'm pissed off as when I'm anxious ... I organize and clean! So weird, I know, especially because, I swear, my dad, boyfriend and sister piss me off sometimes just to get me into cleaning mode! I guess that, for me, organizing is a way to be productive and in control when I feel I have neither.

Diem Brown Blogs: How I Cope With My Anxiety| Celebrity Blog, Health, Diem Brown

Diem Brown

Matt Sayles / Invision

I will rearrange a whole apartment, changing the furniture direction in every room. I will raid the "junk" drawers, coat closets, filing cabinets, garages and anything else that will take me at least a good half-day to accomplish. This, my friends has becomes my magic anxiety release pill.

Funny enough, because it's tax season now, I started making piles of old receipts I found in some random purse. Then, glancing up at the TV, I saw the most amazing aid to my crazy arsenal ... The NeatDesk. It was like a beautiful bright light was shining directly on my TV in between Bravo Housewives marathons. So, logically, I bought the machine and now I'm on a scanning mission!

I want to get all my medical crap in order – including bills, test results, prescription receipts, doctor's notes, etc. so I am using this NeatDesk thingamajig and getting some order and control back into my weird medical world.

I have also realized (especially as I read my logic) that stress kept indoors can make ya even more crazy than you have already become. That said, I've been trying to say yes to everything and get my compulsive booty outdoors to socialize with actual people other than those lovely ladies that reign on my TV.

I was so wrapped up and content in my apartment; my comfort with my weird organizing ways had turned me into a hermit. Girls' nights in are amazing but ... you need to get out!

I think winter in general can have that "hermit" effect on most people, as you tend to get so lazy and make excuses to not do things because you are too cold or feel just plain winter frumpy.

But since I realized and addressed my lazy, crazy ways instead of fretting about what news my test results will bring, I am choosing the word "yes!"

Diem Brown Blogs: How I Cope With My Anxiety| Celebrity Blog, Health, Diem Brown

Diem Brown

Matt Sayles / Invision

I have always believed in the power of positive thinking, but sometimes when you have gotten knocked down or disheartened it takes more effort to stick with the positive mindset. So for that I say follow that old Jim Carrey movie and say "yes" to whatever social offers are out there. Being social, laughing, dancing, having fun, etc. helps you not dwell on a test result or an outcome that you have no control over.

I hate the waiting game but I'm not going to let the waiting game chain me to my crazy mind and allow me to think of the negative "what ifs." That's just not me. However, as humans, those negative thoughts relentlessly try to creep into your mindset ... but, as the powerful human that you are, you have the power of choice and can choose to turn that negative channel off.

Whether you need to distract yourself with other projects to keep your mind at ease or make yourself be social (friends, support chat rooms, dates, etc.) give yourself the green light to have fun and enjoy the moment.

The news will eventually come, no matter what you do while you wait. If it's bad news, have faith you can handle it. If it's good news, you will kick yourself for stressing over something nonexistent.

As I "patiently" wait for my results to come in, I'm feeling good! I'm visualizing the scan being clear and imagining my doc saying I am at the finish line to my second bout with cancer. I just need him to call me – stat – before I start knocking on neighbors' doors asking if they want their closets cleaned!

Thank you all so very much for your comments, prayers and Tweets. I have never felt more supported in my life and I'm very aware of how very lucky I am to have y'all back me. Thank you and hope you are all having a wonderful week!

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Sex to burn calories? Authors expose obesity myths


Fact or fiction? Sex burns a lot of calories. Snacking or skipping breakfast is bad. School gym classes make a big difference in kids' weight.


All are myths or at least presumptions that may not be true, say researchers who reviewed the science behind some widely held obesity beliefs and found it lacking.


Their report in Thursday's New England Journal of Medicine says dogma and fallacies are detracting from real solutions to the nation's weight problems.


"The evidence is what matters," and many feel-good ideas repeated by well-meaning health experts just don't have it, said the lead author, David Allison, a biostatistician at the University of Alabama at Birmingham.


Independent researchers say the authors have some valid points. But many of the report's authors also have deep financial ties to food, beverage and weight-loss product makers — the disclosures take up half a page of fine print in the journal.


"It raises questions about what the purpose of this paper is" and whether it's aimed at promoting drugs, meal replacement products and bariatric surgery as solutions, said Marion Nestle, a New York University professor of nutrition and food studies.


"The big issues in weight loss are how you change the food environment in order for people to make healthy choices," such as limits on soda sizes and marketing junk food to children, she said. Some of the myths they cite are "straw men" issues, she said.


But some are pretty interesting.


Sex, for instance. Not that people do it to try to lose weight, but claims that it burns 100 to 300 calories are common, Allison said. Yet the only study that scientifically measured the energy output found that sex lasted six minutes on average — "disappointing, isn't it?" — and burned a mere 21 calories, about as much as walking, he said.


That's for a man. The study was done in 1984 and didn't measure the women's experience.


Among the other myths or assumptions the authors cite, based on their review of the most rigorous studies on each topic:


—Small changes in diet or exercise lead to large, long-term weight changes. Fact: The body adapts to changes, so small steps to cut calories don't have the same effect over time, studies suggest. At least one outside expert agrees with the authors that the "small changes" concept is based on an "oversimplified" 3,500-calorie rule, that adding or cutting that many calories alters weight by one pound.


—School gym classes have a big impact on kids' weight. Fact: Classes typically are not long, often or intense enough to make much difference.


—Losing a lot of weight quickly is worse than losing a little slowly over the long term. Fact: Although many dieters regain weight, those who lose a lot to start with often end up at a lower weight than people who drop more modest amounts.


—Snacking leads to weight gain. Fact: No high quality studies support that, the authors say.


—Regularly eating breakfast helps prevent obesity. Fact: Two studies found no effect on weight and one suggested that the effect depended on whether people were used to skipping breakfast or not.


—Setting overly ambitious goals leads to frustration and less weight loss. Fact: Some studies suggest people do better with high goals.


Some things may not have the strongest evidence for preventing obesity but are good for other reasons, such as breastfeeding and eating plenty of fruits and vegetables, the authors write. And exercise helps prevent a host of health problems regardless of whether it helps a person shed weight.


"I agree with most of the points" except the authors' conclusions that meal replacement products and diet drugs work for battling obesity, said Dr. David Ludwig, a prominent obesity research with Boston Children's Hospital who has no industry ties. Most weight-loss drugs sold over the last century had to be recalled because of serious side effects, so "there's much more evidence of failure than success," he said.


___


Online:


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


New England Journal: http://www.nejm.org


___


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


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Wall Street flat after mixed data; Qualcomm lifts Nasdaq

NEW YORK (Reuters) - Stocks were little changed on Thursday as investors mulled a mixed bag of economic data, though earnings from Qualcomm helped lift the Nasdaq.


Data showed the labor market improved modestly; the number of Americans filing new claims last week for unemployment benefits rose, beating expectations and bouncing off five-year lows in the prior week.


That comes ahead of Friday's payrolls report, which is expected to show employers added 160,000 jobs in January after an increase of 155,000 in December.


A separate report showed incomes climbed in December by the most in eight years, in an encouraging sign that the economy may be propelled forward through consumer spending.


A gauge of business activity in the U.S. Midwest showed a pick up in January from a more than three-year low in December as new orders jumped. The report followed a disappointing survey from the mid-Atlantic and New York regions.


Qualcomm Inc gained 5.9 percent to $67.25 as the top boost to the Nasdaq 100 <.ndx> after the world's leading supplier of chips for cellphones beat analysts' expectations for quarterly profit and revenue, and raised its targets for the year.


The worst performer on the Nasdaq was Facebook Inc , which lost 5.9 percent to $29.39. The social network company said Wednesday it doubled its mobile advertising revenue in the fourth quarter; however, that growth trailed some of Wall Street's most aggressive estimates.


The Dow Jones industrial average <.dji> gained 22.88 points, or 0.16 percent, to 13,933.30. The Standard & Poor's 500 Index <.spx> gained 0.21 points, or 0.01 percent, to 1,502.17. The Nasdaq Composite Index <.ixic> gained 8.43 points, or 0.27 percent, to 3,150.73.


The S&P 500 <.spx> has gained 5.3 percent in January, after legislators in Washington temporarily sidestepped a "fiscal cliff" of automatic tax increases and spending cuts that could have derailed the economic recovery, and amid improving economic data and better-than-expected corporate earnings.


But the benchmark index has stalled recently and is virtually flat for the week, hovering near the 1,500 mark, as investors look for fresh trading incentives to justify further gains.


"Unfortunately it's still a mixed picture, it appears we are just getting a lot of conflicting data right now," said Jack Ablin, chief investment officer at BMO Private Bank in Chicago.


"There is certainly a lot of information coming out this week - a lot of economic data, a lot of earnings and of course we have the employment number looming Friday, so with 1,500 right here, my guess is there is just not enough conviction to push us substantially higher yet."


United Parcel Service Inc lost 1.6 percent to $79.95 after the world's largest parcel delivery reported fourth-quarter earnings below analysts' estimates on Thursday and forecast weaker-than-expected profit for 2013.


But the Dow Jones Transportation average <.djt> gained 0.5 percent as Kirby Corp added 7.6 percent to $71.57 and Ryder Systems Inc climbed 4.7 percent to $56.79 after posting quarterly results.


Thomson Reuters data through Thursday morning shows that of the 231 companies in the S&P 500 that have reported earnings this season, 69.3 percent have exceeded expectations, a higher proportion than over the past four quarters and above the average since 1994.


Overall, S&P 500 fourth-quarter earnings are forecast to have risen 3.7 percent. That's above a 1.9 percent forecast at the start of the earnings season, but well below a 9.9 percent profit growth forecast on October 1, the data showed.


WMS Industries Inc surged 52.5 percent to $24.96 after the company agreed to be acquired by Scientific Games Corp for $26 per share in cash. Scientific Games jumped 19 percent to $10.63.


(Editing by Bernadette Baum)



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Prior Problems In 787 Battery Set Off Concerns Boeing Was Aware of 787 Battery Problems Before Failure


Toru Hanai/Reuters


All Nippon Airways, the biggest operator of 787s, is holding jets at Haneda airport in Tokyo.







Even before two battery failures led to the grounding of all Boeing 787 jets this month, the lithium-ion batteries used on the aircraft had experienced multiple problems that raised questions about their reliability.




Officials at All Nippon Airways, the jets’ biggest operator, said in an interview on Tuesday that it replaced 10 of the batteries in the months before fire in one plane and smoke in another led regulators around the world to ground the jets.


The airline said it told Boeing of the replacements as they occurred but was not required to report them to safety regulators because they were not considered a safety issue and no flights were canceled or delayed.


National Transportation Safety Board officials said Tuesday that their inquiry would include the replacements.


The airline also, for the first time, explained the extent of the previous problems, which underscore the volatile nature of the batteries and add to concerns over whether Boeing and other plane manufacturers will be able to use the batteries safely.


In five of the 10 replacements, All Nippon said that the main battery had showed an unexpectedly low charge. An unexpected drop in a 787’s main battery also occurred on the All Nippon flight that had to make an emergency landing in Japan on Jan. 16.


The airline also revealed that in three instances, the main battery had failed to start normally and had had to be replaced, along with the charger. In other cases, one battery showed an error reading and another, used to start the auxiliary power unit, failed. All of the events occurred from May to December of last year. The malfunctioning batteries, made by the Japanese manufacturer GS Yuasa, were serviced by All Nippon maintenance crew members. (The battery from the plane involved in the emergency landing was sent back to GS Yuasa.)


Japan Airlines, which operates seven 787s, said Wednesday that there had been “several cases” in which maintenance crew members needed to replace 787 batteries after irregularities, but the carrier declined to give details. The switches were not considered a safety risk and were conducted “within the scope of regular maintenance,” said Kazunori Kidosaki, a company spokesman.


Kelly Nantel, a spokeswoman for the National Transportation Safety Board, said investigators had only recently heard that there had been “numerous issues with the use of these batteries” on 787s. She said the board had asked Boeing, All Nippon and other airlines for information about the problems.


“That will absolutely be part of the investigation,” she said.


Boeing, based in Chicago, has said repeatedly that any problems with the batteries can be contained without threatening the planes and their passengers.


Boeing officials said the need to replace the batteries also suggested that safeguards were activated to prevent overheating and keep the drained batteries from being recharged. Company officials said the batteries can drain too deeply if left on without being connected to power sources.  Trying to recharge such batteries could generate excessive heat, so safety mechanisms lock out any attempts to do that.


Boeing officials said that improperly connecting a battery can also render it unusable.  And they acknowledged that some of the new batteries were not lasting as long as intended. They said that could cause airlines to replace them more frequently but did not pose a safety problem.


A GS Yuasa official, Tsutomu Nishijima, said battery exchanges were part of the normal operations of a plane but would not comment further.


The Federal Aviation Administration decided in 2007 to allow Boeing to use the lithium-ion batteries instead of older, more stable types as long as it took safety measures to prevent or contain a fire. But once Boeing put in those safeguards, it did not revisit its basic design even as more evidence surfaced of the risks involved, regulators said.


Matthew L. Wald contributed reporting.



This article has been revised to reflect the following correction:

Correction: January 30, 2013

An earlier version of this article misstated the action taken by All Nippon Airways with 10 lithium-ion batteries it replaced on Boeing 787 jets between May and December of last year. The malfunctioning batteries were sent to the airline’s maintenance department for service, not to the maker, GS Yuasa. (The battery from the plane involved in an emergency landing earlier this month was, however, sent back to GS Yuasa.)



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