Don't let city out of police 'code-of-silence' verdict, judge told

Two top civil rights attorneys argued strongly against efforts by the city to vacate the recent landmark jury verdict that a "code of silence" within the Chicago Police Department in part led to an off-duty officer's infamous video-recorded beating of a female bartender.

"The city should not be permitted to escape a finding that it covered up the misconduct of its officers by allowing it to simply erase that adjudication as if it never occurred, and then go on denying a code of silence," attorneys Locke Bowman and Craig Futterman wrote in a friend-of-the-court brief filed late Tuesday in federal court.

The video of off-duty Officer Anthony Abbate pummeling bartender Karolina Obrycka inside a Northwest Side bar in 2007 marked one of the most embarrassing chapters in recent department history. The jury decision holding Chicago police responsible because of its unofficial code of silence was a rare rebuke for the city, as such policy claims typically don't make it to trial.

The city has sought to vacate the judgment, calling the verdict "ambiguous" and likely to lead to numerous frivolous lawsuits. City attorneys also have argued that the beating happened five years ago, and reforms have been put in place since then.

In their filing, Bowman and Futterman seized on the city's pledge in court last week that the $850,000 in damages awarded to Obrycka would be paid to her regardless of whether U.S. District Judge Amy St. Eve agreed to set aside the verdict.

With justice ensured for Obrycka, they wrote, there is no reason to set aside a hard-fought and important jury verdict that could prompt reform within the department given its struggles with police misconduct since the 1980s.

"If the city is allowed to sweep verdicts such as this one under the rug, it will have no incentive to change," the lawyers wrote.

asweeney@tribune.com

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Taylor Swift reclaims top spot on Billboard 200

LOS ANGELES (Reuters) – Country-pop star Taylor Swift reclaimed the top spot on the Billboard 200 album chart on Wednesday with her hit album “Red,” keeping three new entries from the No.1 position.

“Red” landed back at No. 1 for the fourth time after selling 167,000 copies last week according to Nielsen SoundScan, ousting Alicia Keys‘ “Girl on Fire,” which fell to No. 7 this week.

New entries this week include rapper Wiz Khalifa‘s sophomore record “O.N.I.F.C.,” which debuted at No. 2 after selling 141,00 copies. Pop star Ke$ ha’s new album “Warrior” landed at No. 6 with sales of 85,000 while country band Florida Georgia Line‘s debut album “Here’s To the Good Times” came in at No. 10.

Ahead of the holidays, festive albums featured heavily in the top 10, with Rod Stewart‘s “Merry Christmas, Baby” at No. 3, Michael Buble‘s “Christmas” at No. 5 and Blake Shelton‘s “Cheers, It’s Christmas” at No. 8.

Bruno Mars’ latest single “Locked Out of Heaven” topped the Billboard Digital Songs chart for the first time with 197,000 copies sold, coming in ahead of Rihanna’s “Diamonds” at No. 2 and will.i.am and Britney Spears‘ “Scream & Shout” at No. 3.

(Reporting By Piya Sinha-Roy, editing by Jill Serjeant)

Music News Headlines – Yahoo! News

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Eli Lilly to Conduct Additional Study of Alzheimer’s Drug

The drug maker Eli Lilly & Company said on Wednesday that it planned an additional study of an experimental Alzheimer’s drug that failed to improve the condition of people with the disease, saying that it remained hopeful about the drug’s prospects.

The newest study is expected to get under way in the third quarter of 2013 and will focus on patients with mild Alzheimer’s disease. Lilly released results of two clinical trials in August that showed the drug, called solanezumab, did not significantly improve either the cognition or the daily functioning of people with mild and moderate forms of the disease. But despite that failure, the results also gave some reason for hope: when patients with mild Alzheimer’s were separated out, the drug was shown to significantly slow their decline in cognition.

In a statement on Wednesday, the company said it decided not to pursue approval of the drug based on existing study results after it met with officials from the Food and Drug Administration. A Lilly executive said, however, that the company was still optimistic.

“We remain encouraged and excited by the solanezumab data,” David Ricks, a senior vice president at Lilly and president of Lilly Bio-Medicines, said in the statement. “We are committed to working with the F.D.A. and other regulatory authorities to bring solanezumab to the millions of patients and caregivers suffering from this devastating disease who urgently need this potential treatment.”

The Lilly drug is the second Alzheimer’s treatment to fail in clinical trials this year. Pfizer and Johnson & Johnson stopped development of a similar treatment, bapineuzumab, after it, too, was not shown to work. Both drugs target beta amyloid, a protein in the brain that is found in people with Alzheimer’s disease.

Lilly shares closed at $49, down 3.2 percent.

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Fed adds another $45B per month in stimulus

The Federal Reserve ramped up its stimulus to the economy on Wednesday, expressing disappointment with the pace of recovery in employment as contentious U.S. budget talks heighten uncertainty about the outlook.

The central bank replaced a more modest stimulus program due to expire at year-end with a fresh round of Treasury purchases that will increase its balance sheet. It committed to monthly purchases of $45 billion in Treasuries on top of the $40 billion per month in mortgage-backed bonds it started buying in September.

In a surprise move, the Fed also adopted numerical thresholds for policy, a step that had not been expected until early next year. In particular, the Fed said it will likely keep official rates near zero for as long as unemployment remains above 6.5 percent, inflation between one and two years ahead is projected to be no more than 2.5 percent, and long-term inflation expectations remain contained.

The Fed noted unemployment remains elevated and that inflation is running somewhat below policymakers' 2 percent objective.

"The Committee remains concerned that, without sufficient policy accommodation, economic growth might not be strong enough to generate sustained improvement in labor market conditions," the Fed said in a statement.

Policymakers also repeated a pledge to keep buying bonds until the labor market outlook improves substantially. A drop in the jobless rate to 7.7 percent in November from 7.9 percent in October was driven by workers exiting the labor force, and therefore did not come close to satisfying that condition.

Under the "Operation Twist" program that will expire at the end of the month, the Fed was buying $45 billion in longer-term Treasuries with proceeds from the sale of short-term debt. The new round of government bond-buying it announced on Wednesday will be funded by essentially creating new money, further expanding the Fed's $2.8 trillion balance sheet.

Fed Chairman Ben Bernanke will discuss the central bank's latest decision at a news conference at 2:15 p.m. (1915 GMT).

SWEATING A WEAK RECOVERY

The Fed cut overnight interest rates to near zero in December 2008 and has bought about $2.4 trillion in bonds in a further effort to push borrowing costs lower and spur a stronger recovery.

Despite the unconventional and aggressive efforts, U.S. economic growth remains tepid. GDP grew at a 2.7 percent annual rate in the third quarter, but it now appears to be slowing sharply. According to a Reuters poll published on Wednesday, economists expect the economy to expand at just a 1.2 percent pace in the current quarter.

Businesses have hunkered down, fearful of a tightening of fiscal policy as politicians in Washington wrangle over ways to avoid a $600 billion mix of spending reductions and expiring tax cuts set to take hold at the start of 2013.

Bernanke has warned that running over this "fiscal cliff" would lead the economy into a new recession.

Fed officials will release a new set of quarterly economic and interest rate projections at 2 p.m. (1900 GMT) that could show yet another round of downward revisions to future growth prospects.

Back in September, the Fed predicted the U.S. economy would expand 2.5 percent to 3 percent in 2013, but even that modest rate is looking potentially rosy. The Reuters poll showed a median U.S. growth estimate of 2.1 percent for next year on the same fourth quarter over fourth quarter basis.

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Facebook revises privacy controls in effort to make them more accessible, comprehensible

SAN FRANCISCO – Facebook is trying to make its privacy controls easier to find and understand in an effort to turn the world’s largest social network into a more discreet place.

The fine-tuning announced Wednesday will include several revisions that will start rolling out to Facebook Inc.‘s more than 1 billion users in the next few weeks.

The biggest change will be a new “privacy shortcuts” section that will appear as a tiny lock on the right-hand side at the top of people’s news feeds. This feature offers a drop-down box where users will be able to get answers to common questions such as “Who can see my stuff?”

Other updates will include a tool that will enable individuals to review all the publicly available pictures identifying them on Facebook.

Social Media News Headlines – Yahoo! News

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3 dead, including gunman, in Oregon mall shooting

 A gunman opened fire in a suburban Portland shopping mall Tuesday, killing two people and wounding another as people were doing their Christmas shopping, authorities said.

Witnesses described a scene of chaos and disbelief as a gunman wearing some sort of camouflage outfit and a white mask shot an initial burst of fire and then more rounds at Clackamas Town Center. Shoppers tried to find safe areas as teams of police officers began entering the mall to find the shooter.

Clackamas County sheriff's Lt. James Rhodes said later that the gunman was dead, but he wouldn't say how he died or provide any details about him.

Authorities were going store-to-store to secure the scene and to escort hiding shoppers outside, but Rhodes said there was no indication that there was more than one shooter.

Austin Patty, 20, who works at Macy's, said he saw a man in a white mask carrying a rifle and wearing a bulletproof vest.

He heard the gunman say "I am the shooter," as if announcing himself, Patty said. He then fired several shots paced seconds apart.

A series of rapid-fire shots in short succession followed. Patty said he ducked to the ground, then ran.

His Macy's co-worker, Pam Moore, told The Associated Press the gunman was short, with dark hair, dressed in camouflage. He had body armor and a rifle.

"I heard about 20 shots and everyone hit the ground," Moore said. "That's when we all just ran."

Shaun Wik, 20, from Fairview, said he was Christmas shopping with his girlfriend and opened a fortune cookie at the food court. Inside was written "live for today, remember yesterday, think of tomorrow."

As he read it, he heard three shots. He heard a man he believes was the gunman shout, "Get down!" but Wik and his girlfriend ran. He heard seven or eight more shots. He didn't turn around.

"If I had looked back, I might not be standing here," Wik said. "I might have been one of the ones who got hit."

Kira Rowland told KGW-TV that she was shopping at Macy's with her infant son when the shots started.

"All of a sudden you hear two shots, which sounded like balloons popping," Rowland told the station. "Everybody got on the ground. I grabbed the baby from the stroller and got on the ground."

Rowland said she heard people screaming and crying.

"I put the baby back in the stroller and ran like hell," Rowland said. "It was awful. It was shots after shots after shots like a massacre.

"It was just awful."

Holli Bautista, 28, said she was shopping in the Macy's for a Christmas dress for her daughter when she heard a two or three pops that sounded like firecrackers.

"I heard people running and screaming and saying 'Get out, there's somebody shooting,'" she told the AP. "It was a scene of chaos."

She said hundreds of shoppers and mall employees started running, and she and dozens of other people were trying to escape through an exit in the department store.

Bautista said the Macy's opens into the food court area, where it was reported the shootings took place. Bautista said it sounded like the shots were coming from that direction.

Tiffany Turgetto and her husband of Gladstone had exited Macy's through the first floor when they heard the gunshots coming from the second floor of the mall.

"People in front of us people were dropping, finding covering," she told the AP. "People were yelling screaming and gasping, yelling to get out. The lady next to us, she threw a chair and started running. We couldn't run because the chair was there."

Turgetto and her husband and other people were able to quickly leave through a Barnes & Noble bookstore before the police arrived and locked down the mall.

"I had left my phone at home. I was telling people to call 911. Surprisingly, people are around me, no one was calling 911. I think people were in shock."

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Mexico: Rivera’s plane hit with ‘terrible’ impact

MEXICO CITY (AP) — The plane carrying Mexican-American music superstar Jenni Rivera plunged almost vertically from more than 28,000 feet and hit the ground in a nose-dive at a speed that may have exceeded 600 miles per hour, Mexico‘s top transportation official said Tuesday.

In the first detailed account of the moments leading up to the crash that killed Rivera and six other people, Secretary of Communications and Transportation Gerardo Ruiz Esparza told Radio Formula that the twin-engine turbojet hit the ground 1.2 miles from where it began falling.

“The plane practically nose-dived,” he said. “The impact must have been terrible.”

Ruiz did not offer any explanation of what may have caused the plane to plummet, saying only that “The plane fell from an altitude of 28,000 feet … It may have hit a speed higher than 1,000 kph (621 mph).”

Ruiz said the pilot of the plane, Miguel Perez Soto, had a valid Mexican pilot’s license that would have expired in January. Photos of a temporary pilot’s certificate issued by the U.S. Federal Aviation Administration and found amid the wreckage said that Perez was 78.

Ruiz said there is no age limit for flying a civil aviation aircraft, though for commercial it’s 65.

Mexican authorities were performing DNA tests Tuesday on remains believed to belong to Rivera and the others killed when her plane went down in northern Mexico early Sunday morning.

Investigators said it would take days to piece together the wreckage of the plane carrying Rivera and find out why it went down.

The U.S. National Transportation Safety Board said it was sending a team to help investigate the crash of the Learjet 25, which disintegrated on impact in the rugged terrain in Nuevo Leon state in northern Mexico.

Human remains found in the wreckage were moved to a hospital in Monterrey, the closest major city to the crash, and Rivera’s brother Lupillo was driven past a crowd of reporters to the area where the remains were being kept. He did not speak to the press.

A state official, speaking on condition of anonymity because of the ongoing investigation, said investigators were testing DNA from the remains in order to provide families with definitive confirmation of the deaths of their loved ones.

“We’re in the process of picking up the fragments and we have to find all the parts,” Argudin told reporters on Monday. “Depending on weather conditions it would take us at least 10 days to have a first report and many more days to have a report by experts.”

In an interview on Radio Formula, Alejandro Argudin, head of Mexico’s civil aviation agency, said Mexican investigators weren’t sure yet if the Learjet had been equipped with flight data recorders. He also said there had been no emergency call from the plane before the crash.

Fans of Rivera, who sold 15 million records and was loved on both sides of the border for her down-to-earth style and songs about heartbreak and overcoming pain, put up shrines to her with burning candles, flowers and photographs in cities from Hermosillo, Mexico to Los Angeles.

Some Spanish-language radio stations played her songs nonstop.

A brother, Juan Rivera, as well as mother Rosa Saavedra, still held on to hope that she would be found alive.

“I still trust God that perhaps the body isn’t hers,” Saavedra said in a press conference Tuesday, adding that she could have been kidnapped and another woman was at the crash site. “We’re hoping it’s not true, that perhaps someone took her and left another woman there.”

The 43-year-old California-born Rivera known as the “Diva de la Banda” died as her career peaked. She was perhaps the most successful female singer in grupero, a male-dominated Mexico regional style, and had branched out into acting and reality television.

Besides being a singer, she appeared in the indie film Filly Brown, which was shown at the Sundance Film Festival, and was filming the third season of “I love Jenni,” which followed her as she shared special moments with her children and as she toured through Mexico and the United States.

The Learjet 25, number N345MC, with Rivera aboard was en route from Monterrey to Toluca, outside Mexico City, when it was reported missing about 10 minutes after takeoff.

Ruiz said Mexican officials are investigating why the U.S. plane was carrying passengers between two Mexican destinations, something that’s against regulation. U.S- registered planes can only fly paying passengers internationally into Mexico. He said the plane’s owner, Starwood Management of Las Vegas, said Rivera was not renting the jet, but was receiving a free flight because Starwood thought it would promote the aircraft, which was for sale.

That would be allowed under Mexican law, Ruiz said.

“The Civil Aviation Department has instructions to investigate this point specifically,” he said, adding that he’s also asking other authorities to verify the company’s story about why one of its planes was flying between Mexican destinations.

According to the U.S. National Transportation Safety Board, the same plane was substantially damaged in a 2005 landing mishap at Amarillo International Airport in Texas. It hit a runway distance marker after losing directional control. There were four aboard but no injuries. It was registered to a company in Houston, Texas, as the time.

Starwood has been the subject of a lawsuit and investigations, though none so far have centered on the plane that carried Rivera.

Another of its planes was seized in September by the U.S. Drug Enforcement Administration in McAllen, Texas.

A federal lawsuit in Nevada filed by QBE Insurance Corp. alleges that a Starwood aircraft was ordered seized by the DEA when it landed in McAllen, Texas, from Mexico on Sept. 12. The New York-based insurer sued in October to rescind coverage for the Hawker 700 jet.

Starwood, in a court filing, acknowledged that the DEA was involved in the seizure of the aircraft.

QBE, based in New York, said the DEA also seized a Starwood-owned Gulfstream G-1159A — insured by another company — when it landed in Tucson from Mexico in February. Starwood said in its court filing that it didn’t have enough information to address the allegation.

Nevada secretary of state records list only one Starwood officer — Norma Gonzalez — but QBE alleges that the company is owned and managed by Ed Nunez, who, according to the lawsuit, is also known as Christian Esquino and had a long criminal history.

Starwood rejected the insurer’s description of Nunez’s role at the company.

According to QBE’s lawsuit, Esquino pleaded guilty in federal court in Orlando, Florida, in 1993 to conspiracy to possess and distribute cocaine.

QBE said Esquino also served two years in prison after pleading guilty to conspiracy to commit fraud involving an aircraft in Southern California in 2004. QBE said Esquino’s attorney stated in court back then that his client had been under investigation by the DEA for more than a year.

Starwood said in its court filing that it didn’t have enough information to address either the Florida or Southern California case against Esquino.

George Crow, an attorney for Starwood, did not immediately respond to phone and email messages left after business hours Monday.

___

Ibarra reported from Monterrey, Mexico. Raquel Dillon in Los Angeles and Elliot Spagat in San Diego contributed to this report.

Entertainment News Headlines – Yahoo! News

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Rate of Childhood Obesity Falls in Several Cities

Jessica Kourkounis for The New York Times

At William H. Ziegler Elementary in Northeast Philadelphia, students are getting acquainted with vegetables and healthy snacks.

PHILADELPHIA — After decades of rising childhood obesity rates, several American cities are reporting their first declines.

The trend has emerged in big cities like New York and Los Angeles, as well as smaller places like Anchorage, Alaska, and Kearney, Neb. The state of Mississippi has also registered a drop, but only among white students.

“It’s been nothing but bad news for 30 years, so the fact that we have any good news is a big story,” said Dr. Thomas Farley, the health commissioner in New York City, which reported a 5.5 percent decline in the number of obese schoolchildren from 2007 to 2011.

The drops are small, just 5 percent here in Philadelphia and 3 percent in Los Angeles. But experts say they are significant because they offer the first indication that the obesity epidemic, one of the nation’s most intractable health problems, may actually be reversing course.

The first dips — noted in a September report by the Robert Wood Johnson Foundation — were so surprising that some researchers did not believe them.

Deanna M. Hoelscher, a researcher at the University of Texas, who in 2010 recorded one of the earliest declines — among mostly poor Hispanic fourth graders in the El Paso area — did a double-take. “We reran the numbers a couple of times,” she said. “I kept saying, ‘Will you please check that again for me?’ ”

Researchers say they are not sure what is behind the declines. They may be an early sign of a national shift that is visible only in cities that routinely measure the height and weight of schoolchildren. The decline in Los Angeles, for instance, was for fifth, seventh and ninth graders — the grades that are measured each year — between 2005 and 2010. Nor is it clear whether the drops have more to do with fewer obese children entering school or currently enrolled children losing weight. But researchers note that declines occurred in cities that have had obesity reduction policies in place for a number of years.

Though obesity is now part of the national conversation, with aggressive advertising campaigns in major cities and a push by Michelle Obama, many scientists doubt that anti-obesity programs actually work. Individual efforts like one-time exercise programs have rarely produced results. Researchers say that it will take a broad set of policies applied systematically to effectively reverse the trend, a conclusion underscored by an Institute of Medicine report released in May.

Philadelphia has undertaken a broad assault on childhood obesity for years. Sugary drinks like sweetened iced tea, fruit punch and sports drinks started to disappear from school vending machines in 2004. A year later, new snack guidelines set calorie and fat limits, which reduced the size of snack foods like potato chips to single servings. By 2009, deep fryers were gone from cafeterias and whole milk had been replaced by one percent and skim.

Change has been slow. Schools made money on sugary drinks, and some set up rogue drink machines that had to be hunted down. Deep fat fryers, favored by school administrators who did not want to lose popular items like French fries, were unplugged only after Wayne T. Grasela, the head of food services for the school district, stopped buying oil to fill them.

But the message seems to be getting through, even if acting on it is daunting. Josh Monserrat, an eighth grader at John Welsh Elementary, uses words like “carbs,” and “portion size.” He is part of a student group that promotes healthy eating. He has even dressed as an orange to try to get other children to eat better. Still, he struggles with his own weight. He is 5-foot-3 but weighed nearly 200 pounds at his last doctor’s visit.

“I was thinking, ‘Wow, I’m obese for my age,’ ” said Josh, who is 13. “I set a goal for myself to lose 50 pounds.”

Nationally, about 17 percent of children under 20 are obese, or about 12.5 million people, according to the Centers for Disease Control and Prevention, which defines childhood obesity as a body mass index at or above the 95th percentile for children of the same age and sex. That rate, which has tripled since 1980, has leveled off in recent years but has remained at historical highs, and public health experts warn that it could bring long-term health risks.

Obese children are more likely to be obese as adults, creating a higher risk of heart disease and stroke. The American Cancer Society says that being overweight or obese is the culprit in one of seven cancer deaths. Diabetes in children is up by a fifth since 2000, according to federal data.

“I’m deeply worried about it,” said Francis S. Collins, the director of the National Institutes of Health, who added that obesity is “almost certain to result in a serious downturn in longevity based on the risks people are taking on.”

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HSBC to pay record $1.9B fine

British-owned bank HSBC is paying $1.9B to settle a US money-laundering probe. The bank was investigated for involvement in the transfer of funds from Mexican drug cartels and sanctioned nations like Iran. (Dec. 11)

HSBC has agreed to pay a record $1.92 billion fine to settle a multi-year probe by U.S. prosecutors, who accused Europe's biggest bank of failing to enforce rules designed to prevent the laundering of criminal cash.

The U.S. Justice Department on Tuesday charged the bank with failing to maintain an effective program against money laundering and conduct due diligence on certain accounts.

In documents filed in federal court in Brooklyn, it also charged the bank with violating sanctions laws by doing business with Iran, Libya, Sudan, Burma and Cuba.

HSBC Holdings Plc admitted to a breakdown of controls and apologised for its conduct.

"We accept responsibility for our past mistakes. We have said we are profoundly sorry for them, and we do so again. The HSBC of today is a fundamentally different organisation from the one that made those mistakes," said Chief Executive Stuart Gulliver.

"Over the last two years, under new senior leadership, we have been taking concrete steps to put right what went wrong and to participate actively with government authorities in bringing to light and addressing these matters."

The bank agreed to forfeit $1.256 billion and retain a compliance monitor to resolve the charges through a deferred-prosecution agreement.

The settlement offers new information about failures at HSBC to police transactions linked to Mexico, details of which were reported this summer in a sweeping U.S. Senate probe.

The Senate panel alleged that HSBC failed to maintain controls designed to prevent money laundering by drug cartels, terrorists and tax cheats, when acting as a financier to clients routing funds from places including Mexico, Iran and Syria.

The bank was unable to properly monitor $15 billion in bulk cash transactions between mid-2006 and mid-2009, and had inadequate staffing and high turnover in its compliance units, the Senate panel's July report said.

HSBC on Tuesday said it expected to also reach a settlement with British watchdog the Financial Services Authority. The FSA declined to comment.

U.S. and European banks have now agreed to settlements with U.S. regulators totalling some $5 billion in recent years on charges they violated U.S. sanctions and failed to police potentially illicit transactions.

No bank or bank executives, however, have been indicted, as prosecutors have instead used deferred prosecutions - under which criminal charges against a firm are set aside if it agrees to conditions such as paying fines and changing behaviour.

HSBC's settlement also includes agreements or consent orders with the Manhattan district attorney, the Federal Reserve and three U.S. Treasury Department units: the Office of Foreign Assets Control, the Comptroller of the Currency and the Financial Crimes Enforcement Network.

HSBC said it would pay $1.921 billion, continue to cooperate fully with regulatory and law enforcement authorities, and take further action to strengthen its compliance policies and procedures. U.S. prosecutors have agreed to defer or forego prosecution.

The settlement is the third time in a decade that HSBC has been penalized for lax controls and ordered by U.S. authorities to better monitor suspicious transactions. Directives by regulators to improve oversight came in 2003 and again in 2010.

Last month, HSBC told investors it had set aside $1.5 billion to cover fines or penalties stemming from the inquiry and warned that costs could be significantly higher.

Analyst Jim Antos of Mizuho Securities said the settlement costs were "trivial" in terms of the company's book value.

"But in terms of real cash terms, that's a huge fine to pay," said Antos, who rates HSBC a "buy".

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IHSA rules Mooseheart basketball players eligible to play

Tribune follows the Mooseheart High School basketball team to the junior varsity game held at Hinckley-Big Rock High School in Hinckley on Dec. 5, 2012. Mooseheart lost 58-51. (Scott Strazzante, Chicago Tribune)

The Illinois High School Association has determined that three Sudanese athletes for Mooseheart High School are eligible to play, but the IHSA also sanctioned the school.

The state athletic governing body's executive director on Nov. 29 deemed Mangisto Deng, Akim Nyang and Makur Puou — all 6 feet, 7 inches and taller — ineligible to play for Mooseheart High School. The IHSA board reviewed the case and found them eligible today, the board president said this evening.

After nearly four hours of deliberation, the IHSA board voted unanimously to declare the students eligible.

The decision reversed IHSA Executive Director Marty Hickman's ruling last month that barred the boys from playing.

But the board also sanctioned Mooseheart by placing it on probation and barring it from participating in the 2013 state basketball tournament until school officials institute training and compliance measures to ensure that the program does not run afoul of recruiting rules in the future, and severs contact with a placement organization at the center of the controversy, African Hoop Opportunities Providing an Education, or AHOPE.

Board President Dan Klett was blunt about the IHSA's view of AHOPE.

When asked what he would say to any other school who might use AHOPE to find basketball players, Klett said, "Don't. We don't believe they are a quality organization."

Klett said AHOPE used the students as pawns, and said Mooseheart didn't do enough to make sure they were complying with IHSA rules.

Mooseheart engaged in recruiting the three basketball players and a fourth Sudanese teen who is a talented cross-country runner for athletic purposes, Hickman had said. IHSA bylaws prohibit athletic recruitment.

Mooseheart, a 99-year-old residential and educational institution for children from unstable environments, disputed Hickman's decision and won a temporary reprieve Tuesday in Kane County Court.

Judge David Akemann granted Mooseheart's request to allow the boys to play until the IHSA board of directors reviewed the case.

Attorneys for the "child city" contended it told the organization placing the boys that Mooseheart would accept Sudanese children regardless of their athletic prowess.

The attorneys also noted that Mooseheart had no contact with the boys until they arrived on its bucolic, 1,000-acre campus in Batavia in May 2011, then waited a full year — at the IHSA's direction — before allowing the teens to compete.

But IHSA attorney David J. Bressler noted that the placement organization specifies that it works with athletes exclusively and that Mooseheart basketball coach Ron Ahrens deliberately called the organization, African Hoop Opportunities Providing an Education, seeking basketball players.

The IHSA board considered Mooseheart's case in a meeting that started about 1 p.m Monday at the organization's Bloomington office.

tgregory@tribune.com

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