Dave Roberts brings diversity to the San Diego County supervisors

DEL MAR — In January, when he joins the San Diego County Board of Supervisors, Dave Roberts will be the only Democrat among four Republicans, the first Democrat on the board in more than two decades.

He will also be the first new supervisor in 18 years. And he will be the only one who is not a graduate of San Diego State. He has three degrees from American University in Washington, D.C.

He's also gay and married to a retired Air Force master sergeant. The two are adoptive parents to five former foster children, ages 4 to 17, who call them Daddy Dave and Daddy Wally.

With Roberts' election to a district representing a portion of San Diego and several seaside communities north of the city, diversity has arrived for the Board of Supervisors, long one of the region's most homogenous governing bodies.

"I'm going to bring some unique characteristics," Roberts, 51, said with a laugh during a family outing on the beach here.

Roberts hopes to concentrate on the same issues he focused on while serving on the Solana Beach City Council, where he is currently deputy mayor: regional fire protection, expansion of the San Dieguito River Park and "sensible" growth.

Roberts is a Democrat in the style of Republican-leaning northern San Diego County: fiscally conservative. He worked as a budget analyst for the Department of Defense and as a corporate vice president for the La Jolla-based defense contractor SAIC. He was a Republican until some in the GOP took exception to a gay man working in the Pentagon.

"The Republicans wanted me to be fired," Roberts said. "That's when I changed political parties."

Some of his first experience in government came from working as a staffer to Sen. Lowell Weicker, a Republican from Connecticut. "I learned from working for Sen. Weicker that you can make change if you're in the right place," Roberts said.

In 2009, Democratic party officials encouraged Roberts to seek the party's nomination to face incumbent Brian Bilbray (R-Carlsbad) in the 50th Congressional District.

On the verge of declaring his candidacy, Roberts was alerted by social workers about two children who needed a "forever" home. He decided that the adoption process took precedence over his political career.

Now there are five children in the two-story home in Solana Beach once owned by singer Patti Page: Robert, 17; Alex, 12; Julian, 8; Joe, 5; and Natalee, 4. Three of the children have taken the last name Roberts, and two took his spouse's last name, Oliver.

"We don't like double names," Roberts said.

Roberts and Wally Oliver, 55, have been together for 14 years. They had a commitment ceremony in 1998 and married in July 2008 in the brief period when county clerks in California were allowed to issue same-sex marriage licenses.

The family may soon expand.

"Wally would like a baby," Roberts said. "We're not Jewish, but we believe in the Jewish proverb: 'If you can save one soul, you can save the world.'"

During his race against a Republican opponent, Roberts was endorsed by the retiring incumbent, Pam Slater-Price. He has also begun discussions with Supervisor Dianne Jacob, possibly the most fiscally conservative member of the board.

He also looks forward to working with Supervisor Bill Horn, an ex-Marine who supported Proposition 8, the measure to ban same-sex marriage, and has said he opposes gays in the military. "He says things from time to time that remind me of my father," Roberts said.

For all of their fiscal conservatism, the supervisors have not dabbled much in social issues in a way that might satisfy some elements in the GOP. The board took no position on Proposition 8. Health clinics in gay neighborhoods and AIDS prevention programs are funded without controversy.

Roberts may be different in another respect from his colleagues: He will not be assigning a staff member to send out his Twitter messages. He sends out his own tweets — lots of them, on topics political and personal.

Last week, among many tweets, was one announcing that he has hired his predecessor's chief-of-staff, praising him for his "broad experience, management style and network of contacts."

And the next tweet: "Took the kids out for frozen yogurt at Seaside Yogurt in Del Mar for a treat."

tony.perry@latimes.com

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App of the Week: Instead

App Name: Instead

Price: Free

Available Platforms: iPhone, iPod Touch, iPad (requires iOS 5.0 or later), Android

What does this app do? With Black Friday and Cyber Monday bookending the holiday weekend it is hard to imagine getting through the next few days without spending money in the spirit of the season. Whether you dole out your dollars for gifts or in some other way, such as a post-turkey cocktail with friends, likely you will be reaching into your pocket and opening up your wallet at some point. For those who want to donate some of their hard-earned money as opposed to spending it, there’s an easy way to give in a small, manageable way.

Instead, a micro-donation app developed by Ovenbits, LLC, gives consumers an opportunity to donate money from their mobile device to their favorite non-profit instead of spending that $ 20 on lunch or that $ 3.00 on a latte while out and about with friends.

Once you launch the app, Instead walks you through three steps on how it works: pick something to give up – that second cup of coffee, for example – choose how much to give, and then select a non-profit to which to donate. Tap on the “About” button, select “Donation Transparency,” and the app explains exactly how your money is parceled out: 95 percent of your donation goes to the charity you select, and the remaining 5 percent goes to credit and debit processing fees as well as operational fees such as server maintenance and application hosting. Your donation, according to website, goes first to instead, inc, a registered 501(c)3, and from there the company sends a check to your chosen non-profit.

Select the “Give” button, choose the amount you wish to donate, and even type in what you’re giving up in place of your donation. The app provides a list of charities to choose from, such as The American Cancer Society. You can also suggest an organization to be added to Instead’s database. Submissions are reviewed by a volunteer committee.

Is it easy to set up? This is a lightweight app that allows you to log in with your Facebook account. The app makes a point of stating your donations through Facebook can remain private. However, you can skip that step and proceed without logging into Facebook, too.

Should I try it? Instead encourages you to develop your charitable giving muscle by showing you how easy it is to make small donations from time-to-time by giving up things you likely won’t miss anyway. Your payment, in the end, is processed through your browser, not the app itself, and therefore requires an extra step. If you’ve already sacrificed an impulse buy or gave up splurging on a night out at the movies, however, the hard part is over.

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'Dallas' star Larry Hagman dies in Texas

J.R. Ewing was a business cheat, faithless husband and bottomless well of corruption. Yet with his sparkling grin, Larry Hagman masterfully created the charmingly loathsome oil baron — and coaxed forth a Texas-size gusher of ratings — on television's long-running and hugely successful nighttime soap, "Dallas."

Although he first gained fame as nice guy Capt. Tony Nelson on the fluffy 1965-70 NBC comedy "I Dream of Jeannie," Hagman earned his greatest stardom with J.R. The CBS serial drama about the Ewing family and those in their orbit aired from April 1978 to May 1991, and broke viewing records with its "Who shot J.R.?" 1980 cliffhanger that left unclear if Hagman's character was dead.

The actor, who returned as J.R. in a new edition of "Dallas" this year, had a long history of health problems and died Friday due to complications from his battle with cancer, his family said.

"Larry was back in his beloved hometown of Dallas, re-enacting the iconic role he loved the most. Larry's family and closest friends had joined him in Dallas for the Thanksgiving holiday," the family said in a statement that was provided to The Associated Press by Warner Bros., producer of the show.

The 81-year-old actor was surrounded by friends and family before he passed peacefully, "just as he'd wished for," the statement said.

Linda Gray, his on-screen wife and later ex-wife in the original series and the sequel, was among those with Hagman in his final moments in a Dallas hospital, said her publicist, Jeffrey Lane.

"He brought joy to everyone he knew. He was creative, generous, funny, loving and talented, and I will miss him enormously. He was an original and lived life to the fullest," the actress said.

Years before "Dallas," Hagman had gained TV fame on "I Dream of Jeannie," in which he played an astronaut whose life is disrupted when he finds a comely genie, portrayed by Barbara Eden, and takes her home to live with him.

Eden recalled late Friday shooting the series' pilot "in the frigid cold" on a Malibu beach.

"From that day, for five more years, Larry was the center of so many fun, wild and sometimes crazy times. And in retrospect, memorable moments that will remain in my heart forever," Eden said.

Hagman also starred in two short-lived sitcoms, "The Good Life" (NBC, 1971-72) and "Here We Go Again" (ABC, 1973). His film work included well-regarded performances in "The Group," ''Harry and Tonto" and "Primary Colors."

But it was Hagman's masterful portrayal of J.R. that brought him the most fame. And the "Who shot J.R.?" story twist fueled international speculation and millions of dollars in betting-parlor wagers. It also helped give the series a place in ratings history.

When the answer was revealed in a November 1980 episode, an average 41 million U.S. viewers tuned in to make "Dallas" one of the most-watched entertainment shows of all time, trailing only the "MASH" finale in 1983 with 50 million viewers.

It was J.R.'s sister-in-law, Kristin (Mary Crosby) who plugged him — he had made her pregnant, then threatened to frame her as a prostitute unless she left town — but others had equal motivation.

Hagman played Ewing as a bottomless well of corruption with a charming grin: a business cheat and a faithless husband who tried to get his alcoholic wife, Sue Ellen (Gray), institutionalized.

"I know what I want on J.R.'s tombstone," Hagman said in 1988. "It should say: 'Here lies upright citizen J.R. Ewing. This is the only deal he ever lost.'"

On Friday night, Victoria Principal, who co-starred in the original series, recalled Hagman as "bigger than life, on-screen and off. He is unforgettable, and irreplaceable, to millions of fans around the world, and in the hearts of each of us, who was lucky enough to know and love him."

Ten episodes of the new edition of "Dallas" aired this past summer and proved a hit for TNT. Filming was in progress on the sixth episode of season two, which is set to begin airing Jan. 28, the network said.

There was no immediate comment from Warner or TNT on how the series would deal with Hagman's loss.

In 2006, he did a guest shot on FX's drama series "Nip/Tuck," playing a macho business mogul. He also got new exposure in recent years with the DVD releases of "I Dream of Jeannie" and "Dallas."

The Fort Worth, Texas, native was the son of singer-actress Mary Martin, who starred in such classics as "South Pacific" and "Peter Pan." Martin was still in her teens when he was born in 1931 during her marriage to attorney Ben Hagman.

As a youngster, Hagman gained a reputation for mischief-making as he was bumped from one private school to another. He made a stab at New York theater in the early 1950s, then served in the Air Force from 1952-56 in England.

While there, he met and married young Swedish designer Maj Axelsson. The couple had two children, Preston and Heidi, and were longtime residents of the Malibu beach colony that is home to many celebrities.

Hagman returned to acting and found work in the theater and in such TV series as "The U.S. Steel Hour," ''The Defenders" and "Sea Hunt." His first continuing role was as lawyer Ed Gibson on the daytime serial "The Edge of Night" (1961-63).

He called his 2001 memoir "Hello Darlin': Tall (and Absolutely True) Tales about My Life."

"I didn't put anything in that I thought was going to hurt someone or compromise them in any way," he told The Associated Press at the time.

Hagman was diagnosed in 1992 with cirrhosis of the liver and acknowledged that he had drank heavily for years. In 1995, a malignant tumor was discovered on his liver and he underwent a transplant.

After his transplant, he became an advocate for organ donation and volunteered at a hospital to help frightened patients.

"I counsel, encourage, meet them when they come in for their operations, and after," he said in 1996. "I try to offer some solace, like 'Don't be afraid, it will be a little uncomfortable for a brief time, but you'll be OK.' "

He also was an anti-smoking activist who took part in "Great American Smoke-Out" campaigns.

Funeral plans were not immediately announced.

"I can honestly say that we've lost not just a great actor, not just a television icon, but an element of pure Americana," Eden said in her statement Friday night. "Goodbye, Larry. There was no one like you before and there will never be anyone like you again."

___

Associated Press writers Erin Gartner in Chicago and Shaya Mohajer in Los Angeles, and AP Television Writer Frazier Moore in New York contributed to this report.

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Scientists See Advances in Deep Learning, a Part of Artificial Intelligence

Hao Zhang/The New York Times

A voice recognition program translated a speech given by Richard F. Rashid, Microsoft’s top scientist, into Mandarin Chinese.

Using an artificial intelligence technique inspired by theories about how the brain recognizes patterns, technology companies are reporting startling gains in fields as diverse as computer vision, speech recognition and the identification of promising new molecules for designing drugs.

The advances have led to widespread enthusiasm among researchers who design software to perform human activities like seeing, listening and thinking. They offer the promise of machines that converse with humans and perform tasks like driving cars and working in factories, raising the specter of automated robots that could replace human workers.

The technology, called deep learning, has already been put to use in services like Apple’s Siri virtual personal assistant, which is based on Nuance Communications’ speech recognition service, and in Google’s Street View, which uses machine vision to identify specific addresses.

But what is new in recent months is the growing speed and accuracy of deep-learning programs, often called artificial neural networks or just “neural nets” for their resemblance to the neural connections in the brain.

“There has been a number of stunning new results with deep-learning methods,” said Yann LeCun, a computer scientist at New York University who did pioneering research in handwriting recognition at Bell Laboratories. “The kind of jump we are seeing in the accuracy of these systems is very rare indeed.”

Artificial intelligence researchers are acutely aware of the dangers of being overly optimistic. Their field has long been plagued by outbursts of misplaced enthusiasm followed by equally striking declines.

In the 1960s, some computer scientists believed that a workable artificial intelligence system was just 10 years away. In the 1980s, a wave of commercial start-ups collapsed, leading to what some people called the “A.I. winter.”

But recent achievements have impressed a wide spectrum of computer experts. In October, for example, a team of graduate students studying with the University of Toronto computer scientist Geoffrey E. Hinton won the top prize in a contest sponsored by Merck to design software to help find molecules that might lead to new drugs.

From a data set describing the chemical structure of 15 different molecules, they used deep-learning software to determine which molecule was most likely to be an effective drug agent.

The achievement was particularly impressive because the team decided to enter the contest at the last minute and designed its software with no specific knowledge about how the molecules bind to their targets. The students were also working with a relatively small set of data; neural nets typically perform well only with very large ones.

“This is a really breathtaking result because it is the first time that deep learning won, and more significantly it won on a data set that it wouldn’t have been expected to win at,” said Anthony Goldbloom, chief executive and founder of Kaggle, a company that organizes data science competitions, including the Merck contest.

Advances in pattern recognition hold implications not just for drug development but for an array of applications, including marketing and law enforcement. With greater accuracy, for example, marketers can comb large databases of consumer behavior to get more precise information on buying habits. And improvements in facial recognition are likely to make surveillance technology cheaper and more commonplace.

Artificial neural networks, an idea going back to the 1950s, seek to mimic the way the brain absorbs information and learns from it. In recent decades, Dr. Hinton, 64 (a great-great-grandson of the 19th-century mathematician George Boole, whose work in logic is the foundation for modern digital computers), has pioneered powerful new techniques for helping the artificial networks recognize patterns.

Modern artificial neural networks are composed of an array of software components, divided into inputs, hidden layers and outputs. The arrays can be “trained” by repeated exposures to recognize patterns like images or sounds.

These techniques, aided by the growing speed and power of modern computers, have led to rapid improvements in speech recognition, drug discovery and computer vision.

Deep-learning systems have recently outperformed humans in certain limited recognition tests.

Last year, for example, a program created by scientists at the Swiss A. I. Lab at the University of Lugano won a pattern recognition contest by outperforming both competing software systems and a human expert in identifying images in a database of German traffic signs.

The winning program accurately identified 99.46 percent of the images in a set of 50,000; the top score in a group of 32 human participants was 99.22 percent, and the average for the humans was 98.84 percent.

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Toyota on track to become world's bestselling automaker again

Toyota Motor Corp. appears poised to regain its position as the world's largest automaker, a remarkable turnaround after years of safety recalls, huge federal fines and the Japanese earthquake last year.

In short order, surging sales have put that all in the rearview mirror.

Toyota is likely to sell 9.7 million vehicles this year, surpassing second-place General Motors Co. by more than 1 million vehicles and setting a record for annual auto sales. That's generating huge profits, with earnings tripling in the latest quarter to $3.2 billion and sales surging almost 20% compared with a year earlier.

The U.S. — where Toyota's reputation suffered most through the recalls — is now a cash cow. Through the first 10 months of the year, the Japanese automaker sold more than 1.7 million cars and trucks in the country, a 30% gain and more than double the industry growth rate.

"Toyota has done some smart things," said Rebecca Lindland, an analyst with IHS Automotive. "They have concentrated a lot of time and effort on the U.S., which is incredibly important because they make so much money here."

The Japanese automaker has launched 11 new or completely redesigned models in the U.S. in the last year, including new station wagon and commuter versions of its popular Prius hybrids. On Wednesday, the first day of the Los Angeles Auto Show, it will launch a new-generation RAV4 sport utility vehicle. The current model is an aging vehicle facing stiff competition from newly redesigned offerings such as Ford Motor Co.'s Escape and Honda Motor Co.'s CR-V.

Toyota has ramped up its factories in the U.S., opening a Corolla plant in Mississippi and expanding pickup truck manufacturing in Texas. And at the urging of Chief Executive and founding-family member Akio Toyoda, the automaker is looking to inject some panache into its historically bland styling, especially for its Lexus luxury division.

Toyota now accounts for 14.4% of the U.S. auto market, up from 12.6% during the first 10 months of 2011. In retail — not including rental and fleet sales — the Toyota brand is the biggest in the U.S., outselling GM's Chevrolet.

Lynne Thomas, a Santa Monica resident who works in the restaurant industry, bought a Toyota Prius C hybrid in October after considering other fuel-efficient vehicles including the Smart fortwo, Fiat 500 and Volkswagen Jetta.

"I love the mileage. I'm getting more than 50 mpg," Thomas said. "It fits my lifestyle completely. It is easy to park in this crazy city. I can put my bike in the back and drive somewhere and do an amazing bike ride. It works really well in stop-and-go traffic."

The company is expanding its factory network in the U.S. as part of a strategy to manufacture in regional markets and blunt the profit-eating consequences of the Japanese yen's strong exchange rate with the dollar. It has put $1.4 billion into U.S. factories and equipment in the last year, adding more than 2,700 jobs, on top of the 1,300 positions created in the U.S. the previous year.

The expansion comes after Toyota's controversial decision to close the New United Motor Manufacturing Inc. plant in Fremont, Calif., displacing nearly 5,000 workers in early 2010. Toyota shut the plant after GM, as part of its bankruptcy reorganization, pulled out of joint manufacturing there.

Toyota also is shipping more U.S.-built vehicles abroad. In the first 10 months of this year, it exported 74,000 U.S.-built cars to Canada and Mexico and 29,000 to overseas markets. It is sending Kentucky-built Camrys to South Korea and Indiana-built Sequoias to Saudi Arabia. Exports of U.S.-built Toyotas are on track to rise more than 50% this year.

Just three years ago, Toyota was the second-largest auto seller in America, with 17% of the market, and was closing in on a crippled GM, which was struggling with the stigma of bankruptcy and a federal bailout. But Toyota was derailed in a series of embarrassing recalls. In one high-profile accident, an improperly positioned floor mat in a sedan from Toyota's Lexus luxury division may have trapped the accelerator — causing the car to race down California Highway 125 near San Diego at more than 100 mph. The car crashed and burned, killing off-duty California Highway Patrol Officer Mark Saylor and three members of his family.

That crash led to a safety investigation and recall of 3.8 million Toyota and Lexus vehicles to fix the floor mat problem. After a Los Angeles Times series on unintended sudden acceleration, Toyota issued millions more recall notices to fix sticking gas pedals and other issues. Then, two years ago, Toyota paid record federal fines of nearly $50 million for failing to promptly inform regulators of defects and for delaying recalls. At one point it had to halt much of its production of new cars in the U.S. to fix recalled vehicles.

Just as the automaker started to recover, it was hobbled by last year's earthquake and tsunami in Japan, which upended Toyota's manufacturing even on American soil. Toyota's share of U.S. auto sales slid to 12.9%, well below GM's and Ford's.

Several factors have helped Toyota survive the recalls and disaster-related production shutdowns, said James E. Lentz, CEO of Toyota Motor Sales, the automaker's U.S. marketing arm.

First, there was "the loyalty of our consumers as we went from the financial crisis to the recalls to the tsunami," he said. "They stayed with us for the entire time."

Lentz is thankful for customers such as Evan Rabinowitz of Sherman Oaks, who bought a Camry sedan in August.

"I didn't look at anything else because I never had an issue with my 2008 Camry. Going back to Toyota was a no-brainer," said Rabinowitz, who owns a fabric business. He said his previous Toyota was recalled twice to fix pedal issues, but that work was done quickly and well and didn't dissuade him from purchasing another Camry.

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Lining up even earlier for Black Friday becomes a shop priority

In a tradition that seems to take a bigger slice of Thanksgiving every year, hordes of deal-sniffing shoppers descended on Southland stores Thursday, elbowing their way in search of toys, video games and that time-honored Black Friday symbol: cut-rate television sets. As nightfall came, they huddled in long lines, clutching coupons and hatching shopping strategies.

Rebecca Abbott, 42, of Torrance had it down to a science Thursday night. The accountant said she was out the door of the local Toys R Us store in 20 minutes with a shopping cart full of Christmas gifts for her two daughters. 

Her fourth time shopping on Black Friday, Abbott had spent a few hours in Toys R Us the day before scoping out her plan of attack. The first item on her list: a Rockstar Mickey Mouse doll, normally priced at $59.99 but selling for just $19.99.

"You have to have a strategy for this Black Friday madness," she said as she headed for the door. "First-timers will walk around all day looking at deals," Abbott said. "I got in, grabbed my stuff and got out." Her cart was overflowing with large toys — primarily Barbie and Mickey Mouse items. 

PHOTOS: Black Friday shoppers hunt for deals

At a Wal-Mart in Panorama City, just after 8 p.m., "it was really crazy, but you could still walk," said Marya Huaman, 23, as she left the store with her dad, her two infant sons and three bags full of Fisher-Price toys.

"No, you couldn't," scoffed her father, Edward Huaman. "I didn't see anyone fighting, but they will be soon. This is madness."

Last year, Thanksgiving night was marred by a pepper spray "shopping rage" incident at a Wal-Mart in Porter Ranch that injured at least seven people and forced employees to evacuate part of the store. One person was hospitalized.

Los Angeles Police Cmdr. Andy Smith said Thursday that the night appeared to be running smoothly across Los Angeles. "In general, I think things have gone really well," he said. "It sounds like the stores have taken proper precautions and everyone is aware of the hazards of Black Friday."

After retailers last year moved the opening bell for Black Friday sales to midnight, this year there were even more customers eager to get a jump on the traditional kickoff to the holiday shopping season. Wal-Mart, Sears and Toys R Us began rolling out their door busters at 8 p.m. on Turkey Day, followed by Target at 9 p.m. Macy's, Kohl's and Best Buy were set to open at midnight.

A handful of chains such as Kmart and Old Navy also had daytime hours on Thursday. And online merchants were touting bargains all day and night.

About 147 million shoppers are expected this all-important holiday weekend, with more logging in for online specials by Cyber Monday, according to the National Retail Federation. In all, the trade group estimated that holidays sales will rise 4.1% this year, to $586 billion.

"Though the Black Friday tradition is here to stay, there's no question that it has changed in recent years," NRF Chief Executive Matthew Shay said in a statement.

Many shoppers were perfectly content to queue up. At Best Buy electronic stores across the Southland, people waited for hours — and sometimes days — in tents before the midnight opening.

But many workers were angry about spending Turkey Day away from loved ones.

Frustrated retail employees and families have taken to creating online petitions at Change.org to beg companies not to cut into Thanksgiving dinners. More than 20 online petitions have popped up in recent weeks. Lines grew throughout the afternoon and into the evening as anxious shoppers surveyed the competition in line.

Throughout Southern California there were reports of lines wrapped around stores. In Glendale, more than 750 shoppers were lined up outside the Target at the Galleria.

For shoppers who just couldn't wait until Thursday night — much less Black Friday — some retailers opened their doors all day on Thanksgiving.

The sales weren't quite as glorious as the Black Friday specials that stores promise to roll out later. But they were pretty good nonetheless, shoppers said.

JoAnne Garcia walked into Kmart in Burbank in search of a roasting pan in which to cook her turkey. She walked out 90 minutes later, having shelled out $491, including $329 for an RCA 39-inch LCD flat-panel TV.

"The roasting pan was $14.99," Garcia said, laughing at how much she spent as she rolled her cart to the parking lot.

To the 53-year-old aerospace machinist, shopping on Thanksgiving made perfect sense.

Standing near a store display touting "Freak Out Pricing," Garcia explained her theory about shopping while cooking. "You get up, throw your turkey in the oven, and you come back and it's all done."

walter.hamilton@latimes.com

joseph.serna@latimes.com

Contributing to this report were staff writers Wesley Lowery, Marisa Gerber, Nicole Santa Cruz and Andrew Khouri.

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Halle Berry's ex arrested after fight at her house

LOS ANGELES (AP) — Halle Berry's ex-boyfriend Gabriel Aubry was arrested for investigation of battery Thursday after he and the Oscar-winning actress's current boyfriend got into a fight at her Hollywood Hills home, police said.

Aubry, 37, was booked for investigation of a battery, a misdemeanor, and released on $20,000 bail, according to online jail records. He's scheduled to appear in court Dec. 13.

Aubry came to Berry's house Thanksgiving morning and police responded to a report of an assault, said Los Angeles Police Officer Julie Boyer. Aubry was injured in the altercation and was taken to a hospital where he was treated and released.

Emails sent to Berry's publicist, Meredith O'Sullivan, and Aubry's family law attorney, Gary Fishbein, were not immediately returned.

Berry and Aubry have been involved in a custody dispute involving their 4-year-old daughter, Nahla. The proceedings were sealed because the former couple are not married. Both appeared in the case as recently as Nov. 9, but neither side commented on the outcome of the hearing.

Berry has been dating French actor Olivier Martinez, and he said earlier this year that they are engaged.

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The New Old Age Blog: Home Health Care Help by the Hour

Here is a bright idea that ought to spread: You call your home care agency and say you will need your mother’s aide for the normal two hours on Monday and Wednesday, but for just half an hour (to drive her to a doctor’s office) on Tuesday, then 90 minutes on Thursday. And the agency says, “Sure.”

It sounds logical to hire someone to help — with bathing, dressing, errands, meal preparation, medication reminders – for only as many hours as an older adult needs assistance. But it is actually unusual for companies to offer such flexibility.

The majority of agencies require a four-hour minimum. Having to spend $80  — the national average cost for home care is $21 an hour — if you only need $40 worth of help is a big barrier for families trying to keep their elderly relatives living at home longer. A few agencies allow you to hire for fewer than four hours, but at higher rates.

But Mission Healthcare in San Diego, Calif., a three-year-old agency that began with Medicare-certified skilled home nursing and hospice care, expanded to general home care this summer and decided that clients should be able to specify how much help they want – in 15-minute increments — and will pay for.

“We’ll come for as long as they need us to,” said Mark Kimsey, one of Mission’s four directors. “In one hour, a well-trained caregiver can get the client bathed and dressed, prepare three meals and have them organized for the day.” (I have to think that is a speedy caregiver with a not-too-frail client, but still … )

Can Mission, which charges $19 to $20 an hour, actually make money this way? Though overall the agency serves 1,100 clients, its fledgling home care business is still small: 30 aides caring for just 60 clients. The aides can get benefits if they work enough hours, a bonus for them and for consumers (better employees, lower turnover), but an additional cost for the company.

The directors say they are profitable already, and that the approach will succeed because more people will like the flexibility and potential savings, and sign up. It is also true, let’s acknowledge, that a person who can get by with an hour or two a day for now may well need more help eventually, a boost for Mission’s bottom line.

Competitors are no doubt watching to see if this works. I’m curious, too, to see if the policy catches on. “Consumers can change the marketplace if they want to,” Mr. Kimsey said. It would be nice to think that is true.

Would you use this kind of hourly service, if it were available?

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Lining up even earlier for Black Friday becomes a shop priority

In a tradition that seems to take a bigger slice of Thanksgiving every year, hordes of deal-sniffing shoppers descended on Southland stores Thursday, elbowing their way in search of toys, video games and that time-honored Black Friday symbol: cut-rate television sets. As nightfall came, they huddled in long lines, clutching coupons and hatching shopping strategies.

Rebecca Abbott, 42, of Torrance had it down to a science Thursday night. The accountant said she was out the door of the local Toys R Us store in 20 minutes with a shopping cart full of Christmas gifts for her two daughters. 

Her fourth time shopping on Black Friday, Abbott had spent a few hours in Toys R Us the day before scoping out her plan of attack. The first item on her list: a Rockstar Mickey Mouse doll, normally priced at $59.99 but selling for just $19.99.

"You have to have a strategy for this Black Friday madness," she said as she headed for the door. "First-timers will walk around all day looking at deals," Abbott said. "I got in, grabbed my stuff and got out." Her cart was overflowing with large toys — primarily Barbie and Mickey Mouse items. 

PHOTOS: Black Friday shoppers hunt for deals

At a Wal-Mart in Panorama City, just after 8 p.m., "it was really crazy, but you could still walk," said Marya Huaman, 23, as she left the store with her dad, her two infant sons and three bags full of Fisher-Price toys.

"No, you couldn't," scoffed her father, Edward Huaman. "I didn't see anyone fighting, but they will be soon. This is madness."

Last year, Thanksgiving night was marred by a pepper spray "shopping rage" incident at a Wal-Mart in Porter Ranch that injured at least seven people and forced employees to evacuate part of the store. One person was hospitalized.

Los Angeles Police Cmdr. Andy Smith said Thursday that the night appeared to be running smoothly across Los Angeles. "In general, I think things have gone really well," he said. "It sounds like the stores have taken proper precautions and everyone is aware of the hazards of Black Friday."

After retailers last year moved the opening bell for Black Friday sales to midnight, this year there were even more customers eager to get a jump on the traditional kickoff to the holiday shopping season. Wal-Mart, Sears and Toys R Us began rolling out their door busters at 8 p.m. on Turkey Day, followed by Target at 9 p.m. Macy's, Kohl's and Best Buy were set to open at midnight.

A handful of chains such as Kmart and Old Navy also had daytime hours on Thursday. And online merchants were touting bargains all day and night.

About 147 million shoppers are expected this all-important holiday weekend, with more logging in for online specials by Cyber Monday, according to the National Retail Federation. In all, the trade group estimated that holidays sales will rise 4.1% this year, to $586 billion.

"Though the Black Friday tradition is here to stay, there's no question that it has changed in recent years," NRF Chief Executive Matthew Shay said in a statement.

Many shoppers were perfectly content to queue up. At Best Buy electronic stores across the Southland, people waited for hours — and sometimes days — in tents before the midnight opening.

But many workers were angry about spending Turkey Day away from loved ones.

Frustrated retail employees and families have taken to creating online petitions at Change.org to beg companies not to cut into Thanksgiving dinners. More than 20 online petitions have popped up in recent weeks. Lines grew throughout the afternoon and into the evening as anxious shoppers surveyed the competition in line.

Throughout Southern California there were reports of lines wrapped around stores. In Glendale, more than 750 shoppers were lined up outside the Target at the Galleria.

For shoppers who just couldn't wait until Thursday night — much less Black Friday — some retailers opened their doors all day on Thanksgiving.

The sales weren't quite as glorious as the Black Friday specials that stores promise to roll out later. But they were pretty good nonetheless, shoppers said.

JoAnne Garcia walked into Kmart in Burbank in search of a roasting pan in which to cook her turkey. She walked out 90 minutes later, having shelled out $491, including $329 for an RCA 39-inch LCD flat-panel TV.

"The roasting pan was $14.99," Garcia said, laughing at how much she spent as she rolled her cart to the parking lot.

To the 53-year-old aerospace machinist, shopping on Thanksgiving made perfect sense.

Standing near a store display touting "Freak Out Pricing," Garcia explained her theory about shopping while cooking. "You get up, throw your turkey in the oven, and you come back and it's all done."

walter.hamilton@latimes.com

joseph.serna@latimes.com

Contributing to this report were staff writers Wesley Lowery, Marisa Gerber, Nicole Santa Cruz and Andrew Khouri.

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New California legislators get a warm welcome — from lobbyists

SACRAMENTO — The day after being elected to the state Assembly, several incoming lawmakers were in AT&T's luxury suite at the Sacramento sports arena, watching the Kings with the company's top Capitol executive.

The next day, the California Dental Assn. feted the state's freshman legislators. That was before more than 20 legislators jetted off to Hawaii, China, Brazil, New Zealand and other locales — with some trips paid for in large part by healthcare, energy and communications companies.

"It's the start of lobbyists inculcating them, saying 'Hey guys, line up and receive your gifts,' " said Bob Stern, former chief counsel to the state Fair Political Practices Commission.

It's a new day in Sacramento, with one of the largest-ever freshman classes elected in districts drawn for the first time by an independent, bipartisan commission.

And the lobbying campaign to shape their minds has begun.

The intent of the redistricting — as well as a rule change that allows lawmakers to serve up to 12 years in either legislative house — was to make the Capitol more accountable. In theory, the changes would reduce the influence of lobbyists and give lawmakers more time to gain expertise and independence.

But old traditions die hard.

Following the example of veteran legislative leaders, including Assembly Speaker John Pérez (D-Los Angeles), more than a dozen Democratic freshmen headed off to AT&T's suite at the Sleep Train Arena.

Lawmakers are not allowed to take more than $420 in gifts per year, and they are supposed to report what they receive. But sidestepping the rules is hardly a challenge.

The freshmen who joined Pérez didn't have to report the value of their tickets because the gathering was hosted by the state Democratic Party.

Jose Medina, a newly elected assemblyman from Riverside, said the event was totally appropriate. Spending time with lobbyists is "part of my job,'' he said.

"At the end of the day, I'll make my decision based on what is best for the people I represent," he said.

Jim Frazier, a freshman assemblyman from Oakley, called the evening "a great opportunity to start meeting the people who worked so hard to represent their districts."

Other freshman Democrats in the suite included Ken Cooley of Rancho Cordova, Marc Levine of San Rafael, Phil Ting of San Francisco, Kevin Mullin of South San Francisco, Rudy Salas of Bakersfield, Bill Quirk of Hayward and Reggie Jones-Sawyer of Los Angeles.

Jones-Sawyer was one of 15 legislators who flew a few days later to Maui for a five-day conference at the Fairmont Kea Lani organized by the California Independent Voter Project.

The group, which paid some of the legislators' travel expenses, has been funded over the years by tobacco giant Altria Group Inc., Southern California Edison, Eli Lilly & Co., Pacific Gas & Electric Co., the California Beer & Beverage Distributors, the Pharmaceutical Research and Manufacturers Assn., Chevron Corp. and the state prison guards union.

In between rounds of golf and poolside lounging, the sponsors talked with lawmakers.

"I was learning about the issues," said Jones-Sawyer, the only freshman on the trip. "There were some things I didn't know — such as how businesses really need help to flourish here in California."

Phillip Ung, an advocate with California Common Cause, said he found the explanations bewildering.

"They have obviously convinced themselves that the people's business is best solved poolside with mai tais in hand," he said. "Congress banned this type of travel years ago."

Other lawmakers went to China, Australia, New Zealand or Brazil this month, in some cases paid for by special interests.

Those in Brazil were sponsored by the California Foundation on the Environment and the Economy, which is bankrolled by Chevron, PG&E, the International Brotherhood of Electrical Workers and Southern California Edison, among others.

The sponsors sent representatives to accompany Assemblyman Steven Bradford (D-Gardena), who is chairman of the Assembly Utilities and Commerce Committee, as well as Sens. Anthony Cannella (R-Ceres), Mimi Walters (R-Laguna Niguel), Bill Emmerson (R-Hemet) and Michael Rubio (D-East Bakersfield).

The group paid for airfare, hotels, meals and ground transportation, said P.J. Johnston, a spokesman for the nonprofit foundation.

The lawmakers were there to meet with government and business leaders in Brazil to discuss reducing pollution, setting low-carbon fuel standards, transportation projects and other issues, Johnston said.

"Brazil provides real-world insight into issues California's decision-makers are grappling with, putting them in a larger perspective and offering lessons learned from a country with a rich history of challenges and successes in these areas," he said.

patrick.mcgreevy@latimes.com

Times staff writer Anthony York contributed to this report.

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Chevy Chase is leaving NBC's sitcom 'Community'

LOS ANGELES (AP) — The NBC series "Community" will finish the season without Chevy Chase.

Sony Pictures Television said Wednesday that the actor is leaving the sitcom by mutual agreement with producers.

His immediate departure means he won't be included in the last episode or two of the show's 13-episode season, which is still in production.

Chase had a rocky tenure playing a bored and wealthy man who enrolls in community college. The actor publicly expressed unhappiness at working on a sitcom and feuded last year with the show's creator and former executive producer, Dan Harmon.

The fourth-season premiere of "Community" is Feb. 7, when it makes a delayed return to the 8 p.m. EST Thursday time slot. The show's ensemble cast includes Joel McHale and Donald Glover.

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Recipes for Health: Apple Pear Strudel — Recipes for Health

Andrew Scrivani for The New York Times

This strudel is made with phyllo dough. When I tested it the first time, I found that I had enough filling for two strudels. Rather than cut the amount of filling, I increased the number of strudels to 2, as this is a dessert you can assemble and keep, unbaked, in the freezer.

Filling for 2 strudels:

1/2 pound mixed dried fruit, like raisins, currants, chopped dried figs, chopped dried apricots, dried cranberries

1 1/2 pounds apples (3 large) (I recommend Braeburns), peeled, cored and cut in 1/2-inch dice

1 tablespoon fresh lemon juice

2 tablespoons unsalted butter for cooking the apples

1/4 cup (50 grams) brown sugar

1 teaspoon vanilla

1 teaspoon cinnamon

1/2 teaspoon freshly grated nutmeg

1/4 cup (30 grams) chopped or slivered almonds

3/4 pound (1 large or 2 small) ripe but firm pears, peeled, cored and cut in 1/2-inch dice

For each strudel:

8 sheets phyllo dough

7/8 cup (100 grams) almond powder, divided

1 1/2 ounces butter, melted, for brushing the phyllo

1. Preheat the oven to 375 degrees. Line 2 sheet pans with parchment.

2. Place the dried fruit in a bowl and pour on hot or boiling water to cover. Let sit 5 minutes, and drain. Toss the apples with the lemon juice.

3. Heat a large, heavy frying pan over high heat and add 2 tablespoons butter. Wait until it becomes light brown and carefully add the apples and the sugar. Do not add the apples until the pan and the butter are hot enough, or they won’t sear properly and retain their juice. But be careful when you add them so that the hot butter doesn’t splatter. When the apples are brown on one side, add the vanilla, cinnamon, nutmeg and almonds, flip the apples and continue to sauté until golden brown, about 5 to 7 minutes. Stir in the pears and dried fruit, then scrape out onto one of the lined sheet pans and allow to cool completely. Divide into two equal portions (easiest to do this if you weigh it).

4. Place 8 sheets of phyllo dough on your work surface. Cover with a dish towel and place another, damp dish towel on top of the first towel. Place a sheet of parchment on your work surface horizontally, with the long edge close to you. Lay a sheet of phyllo dough on the parchment. Brush lightly with butter and top with the next sheet. Continue to layer all eight sheets, brushing each one with butter before topping with the next one.

5. Brush the top sheet of phyllo dough with butter. Sprinkle on half of the almond powder (50 grams). With the other half, create a line 3 inches from the base of the dough, leaving a 2 1/2-inch margin on the sides. Top this line with one portion of the fruit mixture. Fold the bottom edge of the phyllo up over the filling, then fold the ends over and roll up like a burrito. Using the parchment paper to help you, lift the strudel and place it on the other parchment-lined baking sheet. Brush with butter and make 3 or 4 slits on the diagonal along the length of the strudel. Repeat with the other sheets of phyllo to make a second strudel. If you are freezing one of them, double-wrap tightly in plastic.

6. Place the strudel in the oven and bake 20 minutes. Remove from the oven, brush again with butter, rotate the pan and return to the oven. Continue to bake for another 20 to 25 minutes, or until golden brown. Remove from the heat and allow to cool for at least 15 minutes. Serve warm or room temperature.

Yield: 2 strudels, each serving 8

Advance preparation: The fruit filling will keep for a couple of days in the refrigerator. The strudel can be baked a few hours before serving it. Recrisp in a medium oven for 10 minutes. It can also be frozen before baking, double-wrapped in plastic. Transfer directly from the freezer to the oven and add 10 minutes to the baking time.

Nutritional information per serving: 259 calories; 13 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 5 grams monounsaturated fat; 15 milligrams cholesterol; 34 grams carbohydrates; 4 grams dietary fiber; 91 milligrams sodium; 4 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Lake Tahoe ski resorts splurging on upgrades and expansions

The nation's ski industry suffered an epic wipeout last season, with the least snowfall in decades and one of the steepest drops in skier visits on record.

But instead of retrenching, resort owners are opening their wallets wide on upgrades and expansions.

One of the biggest jumps in spending is taking place at the snow-covered peaks around Lake Tahoe, where resorts are in the midst of a spending splurge of more than $100 million over the next five years.

The flurry of spending began two years ago and includes a newly built on-mountain lodge at Northstar California and a mile-long terrain park at Alpine Meadows, plus new lifts and upgrades to snow-making equipment at several resorts. The Olympic House lodge at Squaw Valley resembled a tired, aging casino before it recently underwent a $2-million face-lift.

"We are putting our shoulder into this," said Andy Wirth, president and chief executive at Squaw Valley. "We know that last year was an anomaly."

Video chat: Tahoe ski resorts get a makeover

Although the nation's ski mountains enjoyed bountiful snowfall in the 2010-11 season, last year they suffered the lowest snowfall in 20 years, forcing half of resorts to either open late or close early. They drew only 51 million skier and snowboarder visits, a 15.8% decline from the previous season, the second-biggest year-over-year decline on record, according to the National Ski Areas Assn., a trade group for resort operators.

"We know the snow is going to come back, and we want to be ready and not have to play catch up," said Nadia Guerriero, general manager of the Village at Northstar, who has managed a $3-million face-lift that includes new outdoor furniture, fire pits and a concert stage next to the village skating rink.

Most of the expenditures come from the deep pockets of two Colorado companies, Vail Resorts, which also owns and operates popular resorts in Colorado and Wyoming, and KSL Capital Partners, a private equity group in Denver. Combined, the two companies own or operate five of the biggest resorts around Lake Tahoe.

Despite erratic snow seasons, Vail Resorts and KSL say they are confident in the future of snow sports and see Lake Tahoe as an underdeveloped gem, in proximity to millions of potential resort visitors from the Bay Area, Sacramento and Southern California.

"Lake Tahoe is a place of unparalleled natural beauty with large, dynamic and successful markets in San Francisco, Sacramento and Reno," said Eric Resnick, a managing director at KSL. "We feel we have the ability to invest and upgrade the resorts and take full advantage of these assets."

Vail Resorts first moved into the Lake Tahoe area with the purchase of Heavenly ski resort in 2002. The company took over Northstar in 2010 and Kirkwood in February.

KSL acquired Squaw Valley ski resort in 2010 and took over Alpine Meadows in 2011, combining the operations to offer skiers 44 lifts and 270 trails on more than 6,000 acres of land.

For the last few years, Lake Tahoe resort owners have been discussing making a bid to host the 2022 Winter Olympics while making capital improvements crucial to winning over the International Olympic Committee, which chooses the host city for the Games.

But the U.S. Olympic Committee decided this summer that it would not bid on the 2022 games, opting instead to wait for the Summer Games of 2024 or Winter Olympics of 2026.

Even if Lake Tahoe doesn't host a Winter Olympics, Vail and KSL officials say they see the resort upgrades as smart investments sure to pay off in the long run.

Only a year after Vail Resorts spent $63 million to take over operations at Northstar in 2010, the company began to spend upward of $30 million for a new lodge with 700 seats for drinking and dining, a new high-speed chairlift and two intermediate trails on the backside of the mountain. Snowboarding legend Shaun White was even tapped to design a 22-foot halfpipe.

At the new Zephyr Lodge, which opened last December, Bill Rock, vice president and chief operating officer at Northstar California, pointed to the self-serve salad bar, the food counter that serves Asian fusion dishes and the wall of windows that look out on the snow-capped Sawtooth Ridge.

"Before we built this lodge there was no place to get food up here," he said. "Our guest survey scores have been going up ever since Vail Resorts came in."

Across the lake, Heavenly ski resort completed building a similar on-mountain lodge, Tamarack, in 2010.

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Supreme Court to hear California raisin growers' case

WASHINGTON — The Supreme Court agreed Tuesday to hear an appeal from Fresno raisin growers Marvin and Laura Horne, who contend that the federal marketing program that can take nearly half of their crop is unconstitutional.

Their case poses a significant challenge to the New Deal-era farm program that seeks to prop up prices by keeping part of the crop off the market.

It also raises questions about the limits of the government's power to regulate commerce, an issue that sharply divided the justices in the major healthcare overhaul case decided in June.

California produces 99.5% of the nation's raisins and about 40% of the world's supply, but the U.S. Department of Agriculture has a say on how some of the crop can be used.

Under the federal program, the USDA's raisin board seeks to maintain stable prices by setting aside some portion of the crop and keeping it off the market. Those raisins can be used in the federal school lunch program, but the growers are paid little or nothing for them.

Believing the scheme to be outdated and unfair, the Hornes joined with several other growers to evade the system and sell their raisins independently. They were hit with an order to pay a $483,843 civil fine.

They sued, but lost in the U.S. 9^th Circuit Court of Appeals. The judges said the Hornes should have filed a claim in a special claims court.

Over the objections of the Department of Agriculture, the high court said it would hear the growers' arguments that they were denied "just compensation" as required by the Constitution, making the program an illegal "taking" of private property.

California raisins were last before the court in the late 1990s in a dispute over marketing campaigns. Then, dissident growers were challenging the mandatory fees for generic ads, such as those depicting dancing raisins and a rendition of the song "I Heard It Through the Grapevine."

The new case arises from independent farmers who admitted that they spoke for only a "small part of the large raisin industry" in California.

The federal marketing order for raisins "extracts a hefty portion of a farmer's annual raisin crop as a condition" for selling the rest of it on the market, said the growers' appellate lawyer, Michael McConnell, a Stanford University law professor and former federal appeals court judge.

In 2003, when the case began, raisin handlers were required to set aside 47% of the crop, he said. The next year, the percentage dropped to 30%.

In those two years, the raisin board "determined that the compensation for the reserve-tonnage raisins should be set at precisely zero dollars," he said. The Hornes "received no compensation for the USDA's appropriation of almost one-third of their crop," he said.

In defense of the USDA, Solicitor Gen. Donald Verrilli Jr. had urged the court to steer clear of the case. The marketing orders apply to "handlers" of raisins, not to producers, he said.

The Hornes tried to play both roles by producing raisins and then marketing them, he said. They "cannot flout the raisin marketing order and then challenge the resulting monetary assessment on the ground that compensation might hypothetically be owed if they had complied," he said.

The case of Horne vs. USDA will come up for argument in March. While it could yield a narrow procedural ruling, it also could lead to a broader decision that will affect the many other agricultural marketing orders.

david.savage@latimes.com

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One Direction's 2nd CD hits No. 1, sells 540,000

NEW YORK (AP) — One Direction's "Take Me Home" is the taking the boys to the top of the charts — and to new heights.

The group's sophomore album has sold 540,000 in its first week, according to Nielsen SoundScan. It's the year's third-highest debut behind Taylor Swift's "Red," which sold 1.2 million units its first week earlier this month, and Mumford & Sons' "Babel," which sold more than 600,000 albums in September in its debut week.

"We just want to say a massive thanks to all the fans who have supported us," band member Harry Styles, 18, said in an interview Tuesday from London. "We can send tweets and thank them, but 140 characters is never going be enough to say how much it means."

The album also debuted at No. 1 in the United Kingdom this week and is No. 1 in more than 30 countries, Columbia Records said Wednesday. The fivesome's debut, "Up All Night," came in at No. 2 in the United Kingdom last year; it was just released in March in America, where it hit No. 1 and has achieved platinum status.

"We were a little bit nervous about how people were going to take it," 19-year-old Niall Horan said of the new album during tour rehearsals. "Everyone gets that second album syndrome."

They say though they're excited, they won't be celebrating too much: "We're finishing rehearsing soon and we're going home to bed."

One Direction, who placed third on the U.K. version of "The X Factor" in 2010, is signed to Simon Cowell's Syco label imprint. In just a year, the band has become worldwide sensations, thanks to its feverish fans. They released a book and have a 3D movie planned. They also made the cut for Barbara Walters' most fascinating people of 2012 list, which includes New Jersey Gov. Chris Christie and U.S. gold medalist Gabby Douglas.

One Direction says those experiences have helped the group mature.

"We've been working hard. We're starting to grow up," Horan said. "We're still young, but we've passed the initial teenage years. ...We've grown up quite quick in the job we have to do and we became a lot more independent."

The group — which includes Zayn Malik, Liam Payne and Louis Tomlinson — will launch a worldwide tour in February. They hope to work with Katy Perry and are still trying to adjust to the celebrity and fame that has taken over their lives.

"I can see how it gets to people. I guess it's quite easy to get wrapped up in it all," Styles said. "We do the same things every other lad our age does. We go out, we have fun, we meet girls and stuff like that. Sometimes it gets written about, which, yeah, we think about it and it's absolutely crazy. It's still a bit weird thinking that that's the way it is."

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Online:

http://www.onedirectionmusic.com/us/home/

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Follow Music Mesfin on Twitter at http://twitter.com/MusicMesfin

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The New Old Age Blog: Patience, Consciousness and White Lies

My wife and I are blessed with having three “semi-independent” parents in their mid-80s living within a few blocks of us. Our children grew up knowing their grandparents as integral parts of our nuclear family, within walking distance for most of their childhoods. But now that our nest is empty, we find ourselves reliving many of the parenting issues we faced when our children were little — now in geriatric versions, at close range. As it turns out, parenting was good practice for the issues we face with our own parents.

What exactly does semi-independence mean as applied to elderly parents? Among our three, we have two canes, five walkers, one wheelchair (for long walks), four artificial joints, a pacemaker, four hearing aides and a knee brace. The list of medical conditions is long, and the list of medications even longer, requiring different color pill box organizers for morning, afternoon and evening.

Our parents all live in the same homes they have been in for many years. Keeping them safe and healthy there, as well as when they leave the house, has become a big part of our day-to-day work these days. Therein the yin and yang of parenting has returned — independence versus helicoptering.

Children’s yearning for independence begins in toddlerhood: “I can do it myself!” It escalates through childhood, accelerates with the driver’s license, and crescendos, with pomp and circumstance, at high school graduation.

The urge for independence is seen in all animal species, but relinquishing independence and accepting assistance in old age is unique to humans. For most elderly, it comes with a struggle, reflecting how hardwired our brains are for independence. The thought of getting in-home help is antithetical to our parents’ sense of self worth, exceeded only by the dread of leaving their homes for assisted living facilities. So, as tasks that were once mundane and automatic have become onerous and stressful for them, we attempt to foster autonomy while protecting them from harm, as we did with our children just a few short years ago.

Childproofing – Our home has again become hazardous, as have theirs. Furniture must be rearranged, booster seats placed on chairs to ease standing up, slippery rugs removed, lighting improved, bathrooms accessorized with handles and rails.

Dressing – Body shapes change in childhood and in old age. Our parents’ wardrobes, like those of our children’s before them, need frequent attention to preserve self-esteem. Their unwillingness to part with old clothes turns us into tailors. And, once again, we shop for slip-on sneakers with Velcro ties.

Driving – For our teens, driving was the symbolic liberation from childhood to young adulthood. For our parents, driving is the symbolic resistance to infirmity and old age. Our attempt to wean them from their cars, in precisely the reverse order we used to phase our teens into driving, has been torture for our parents and for us.

Toys – We have filled our parents’ shelves with new toys to help them with everything from opening cartons of milk (I would like a word with whoever designed those plastic pull loops) and zipping their clothes, to opening jars and removing the protective seals from over-the-counter medicines. A “picker-upper” device helps them avoid bending too low, and a key turner gives them leverage to open their door. Large digital clock faces, easy-to-read telephone keypads, and magnifying glasses keep them in touch with the world, and an e-mail printer keeps them in touch with their grandchildren.

Medicating – Filling those plastic pill box organizers with a week’s worth of medicines has become a personal barometer of competence for our parents, yet, as with our children when they were young, we feel compelled to oversee the dosing.

Mobility – Despite numerous falls, it was only with much teeth gnashing (or denture gnashing, as the case may be) that our mothers consented to use canes; more gnashing when canes gave way to walkers. For long walks, we hide the wheelchair half way there and back so the neighbors don’t see.

The more we do for our parents, the more frail and guilty they feel. Our efforts are sometimes resented. Helping them get in and out of the car, or bracing them under the arm as they negotiate a bumpy sidewalk, can be an affront. “I can do it myself!”

Can I ride my bike to tennis practice if I’m really careful crossing Holly Street? Why can’t I take a cab home from the seniors program at the community center? Can I walk to grandma’s by myself this time? Can I take the bus to the supermarket today? Everyone is hanging out at the park after school, can I go? I’ll just walk down the block to the neighbor’s house this afternoon, O.K.?

What wisdom did we gain the first time around to help us now? Patience, consciousness and white lies.

Patience to wait for them to come to the same conclusions we did. Mom, do you think Rosalind would have fallen and broken both wrists if she had been using a walker?

Consciousness about their need for independence as ballast to our need for their well-being. Why don’t you just let us drive you at night for now?

And white lies: I’m going to the supermarket anyway, we can shop together.

The longer we can protect our parents from harm, the more we can share our lives with them and the more joy they can have from their grandchildren. The trick is doing it without hurting them in other ways.

We have been through this before. It was worth it then, and it is worth it now.

Dr. Harley A. Rotbart is professor and vice chairman of pediatrics at the University of Colorado School of Medicine and the author of “No Regrets Parenting.”

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Avoiding the 'fiscal cliff' but falling anyway

It would be bad enough if the purveyors of economic and fiscal misdirection had done no more than describe a certain event looming at the end of this year as the "fiscal cliff."

The imagery evokes an elemental crisis that can be avoided only by the heroic efforts of our statesmen in Washington. But in fact it's entirely their creation. The automatic tax increases and deep spending cuts could be avoided by the stroke of a pen.

But they haven't stopped with merely applying a misleading label. They've aimed their rescue efforts at fiscal nostrums that do nothing to address the truly urgent economic issues facing American workers and businesses today. They've confined the discussion of tax reform to tweaks that will leave virtually intact the most important tax break for the wealthy (the preferential treatment of investment income), while turning their gun sights on government programs that keep millions of Americans healthy and out of poverty (think Medicare and Social Security).

Make no mistake: The valiant budget negotiators at work in Congress and the White House are mapping out a plan for economic austerity under the guise of "getting our house in order." This is despite blindingly obvious evidence that what's needed in the U.S. today is the opposite — more stimulus to jump-start job creation, and more spending on infrastructure from roads and bridges to communications and electrical grids.

Do you doubt that? Then look at the paragon of post-crash austerity: Europe. Harsh budget cuts in Greece, Spain, Portugal and Italy, along with austere fiscal regimes in France and Britain, have pushed the Eurozone back into recession.

Quiz: How much do you know about the 'fiscal cliff'?

American policymakers are still talking about budget-cutting as some sort of moral imperative. Who benefits from this sort of willful blindness? Not the average job-seeking American. Most of the pain from this new regime will be inflicted on the middle class and working class.

President Obama has declared himself determined to increase the share of taxes paid by the wealthy. But he has also hinted that he might be amenable to proposals to raise taxes by ratcheting back certain deductions, such as those for mortgage interest and employer-provided health insurance.

Tellingly, one of the most important tax breaks for the wealthy never seems to be on the table: the preferential low tax rate on long-term capital gains (on assets held at least one year) and some other investment income. It's currently 15% but scheduled to rise to 20% if the Bush tax cuts expire. Meanwhile, taxpayers who file as married couples are paying more than 20% on every dollar of wage income they report over about $79,000 this year.

If you want to know why eliminating the capital gains preference is so seldom mentioned, it's because it's cherished by the wealthy more than any other break. In 2011, capital income accounted for about 42% of all income collected by taxpayers earning more than $1 million, who receive two-thirds of the benefit of the cap gains tax break. For those earning between $75,000 and $100,000, capital income accounts for a measly 2.3% of earnings.

Despite the cost of this giveaway — it will be worth $440 billion over the next five years — the deficit warriors in Washington are intent on cutting Social Security and Medicare. That's the aim of such bogus grass-roots Washington organizations as Fix the Debt and the Third Way, which agitate to pare "entitlement" benefits crucial for the middle and working class by cutting inflation adjustments and raising retirement ages.

Both of those organizations are connected to the hedge fund billionaire Peter G. Peterson, whose fiscal philosophy, characterized by hostility to those social welfare programs, has exerted outsized influence on the fiscal cliff debate.

The shibboleth that gives urgency to the fiscal cliff talks is the idea that only tax increases and spending cuts can rescue the U.S. from unsustainable deficits. "You can't grow your way out of this," former Sen. Alan Simpson, the Wyoming Republican appointed by President Obama as co-chair of his 2010 deficit commission, said on CNBC recently.

That sounds suitably admonitory, but it's not quite true. The vast bulk of today's deficits are not structural but cyclical — the result of spending designed to address the financial crisis and the Great Recession, the effects of which are still with us.

History shows that economic growth can do wonders to reduce government deficits and debt. The national debt as a ratio of GDP peaked at 120% in 1947, reflecting wartime spending. By 1958 that ratio had been cut in half, and by the end of the '60s by nearly half again.

Indeed, economic growth in recent quarters already has cut into the deficit as a share of GDP, bringing it down from 10%, the level it reached in the aftermath of the 2008 crash, to about 7% today. The Office of Management and Budget projects that the ratio will fall further, to about 3.2% by 2015, based on the assumption that the Bush tax cuts will expire, emergency spending will ebb, and the economy will be about 20% larger than it is today (not an unreasonable projection, providing that growth isn't strangled by spending cuts already on the table).

Such a trend line "would likely calm widespread fears of a 'fiscal crisis,'" economist James W. Paulsen, chief investment strategist at San Francisco-based Wells Capital Management, wrote recently. "Perhaps we do not need any Grand Bargain."

So what's the proper course for economic policy in the near term?

The economic record tells us that higher marginal tax rates on the wealthy have no correlation with lower economic growth. As a recent study of 65 years of data by the Congressional Research Service concluded, "The top tax rates have little or no relation to the size of the economic pie."

On the other hand, spending cuts imposed during slumps do have a direct effect on the economy — they're like sand in the gears of recovery. That's the signal from Europe about the consequences of austerity, reinforced by the fragility of an American recovery insufficiently supported by government.

Yet the budget-cutting juggernaut rolls on, apparently on the principle that if you're going to extract higher taxes from the wealthy, you have to offer in return more "sacrifices" from retirees living on Social Security, less healthcare for seniors, more transfers of crucial programs from the federal government to already strapped states and municipalities.

The Europeans must be witnessing the jockeying over the fiscal cliff with both horror and relief — horror that the U.S. is toying with falling down the same abyss as they have, and relief that they may not be down there by themselves much longer.

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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Family of man shot by sheriff's deputies calls for FBI probe

The family of an Inglewood man gunned down by L.A. County sheriff's deputies this month is requesting an FBI probe of the shooting and subsequent investigation by the Sheriff's Department.

Jose de la Trinidad, 36, was shot and killed by deputies Nov. 10, just minutes after leaving his niece's quinceanera with his older brother.

After police attempted to pull the older brother over for speeding, he sped off. After pleading with his brother to stop, Jose de la Trinidad was let out of the car in the 1900 block of East 122nd Street in Willowbrook, family members said.

There the unarmed man was shot and killed by deputies. But there is some dispute over what happened in those seconds before deputies opened fire.

Sheriff's Department officials said the deputies believed Jose de la Trinidad was reaching for his waistband and, fearing he had a weapon, used necessary force.

The slain man's family, however, said that a 19-year-old woman who witnessed the shooting from her bedroom window reported that she saw De la Trinidad with his hands behind his head before shots were fired.

The family's attorney, Luis Carrillo, said the witness heard the older brother's car screech to a stop and then watched Jose de la Trinidad get out of the vehicle.

"When they told him to stop, his hands went up behind his head and he kept them there," the witness told a private investigator working for Carrillo, according to a transcript of interview notes read to The Times.

Carrillo said the witness, whom he did not identify, was pressured to change her story by sheriff's deputies who were going door-to-door that night looking for information on the shooting.

"It's the classic 'He was reaching for his waistband' defense that is used any time an officer shoots an unarmed man," Carrillo said. "They tried to get her to change her story."

Sheriff's officials sharply reject the accusation and said that, as of Monday, they had yet to speak with any witnesses.

"It's a curious accusation because how can we intimidate people who we have not yet spoken to?" said Steve Whitmore, a spokesman of the Sheriff's Department.

Despite Carrillo's claims that uniformed deputies were going door-to-door seeking witness statements the night of the shooting, Whitmore insisted that no witness interviews were conducted that night.

Sheriff's officials have released few details about the shooting and say the incident will be investigated by multiple agencies, which is standard protocol for deputy-involved shootings.

Officials at the FBI office in Los Angeles said they have not decided wither the accusations merit an investigation.

The driver, who family members believe may have been intoxicated after a night of celebrating, sped off again before crashing his vehicle at the intersection of El Segundo and Avalon boulevards. He ran away but was apprehended by deputies.

On Monday, as more than a dozen family members huddled in a South Pasadena law office, Carrillo and De la Trinidad's widow, Rosie, demanded answers. His mother, Sofia de la Trinidad, seemed overwhelmed by the moment. "Mi hijo, mi hijo," she said, sobbing.

"I just don't know what I'm going to do, I still can't believe this has happened," the widow said. Making plans for a funeral and consoling her two daughters has left little time to process her husband's death, she said.

Family friends have set up a memorial fund in De la Trinidad's name at Wells Fargo Bank. They hope it will cover the costs of a private memorial ceremony planned for this week.

"He was the breadwinner," his wife said, fighting tears. "I don't even know how am I going to bury him."

wesley.lowery@latimes.com

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'Trapped' on Broadway? R. Kelly is working on it

NEW YORK (AP) — Is Broadway ready for Twan, Sylvester, Pimp Lucius and "the package"? R. Kelly thinks so — and says he's working to bring the wacky characters and plotlines in his even wackier "Trapped in the Closet" series to the Great White Way.

The superstar announced on Monday night that he's had an offer to bring the cult classic to the stage, and he may even be in some performances.

"To transform it into a Broadway version, that's what I'm working on," he told a packed house at the Sunshine Theater, where he unveiled the latest chapters in "Trapped in the Closet," which will debut on the IFC on Friday.

Kelly gave no other details about a possible Broadway adaptation of the wildly popular video opera. It got its start from a stirring series of songs Kelly debuted in 2005, which ended with a cliff-hanger. The songs captured so much attention, Kelly made an over-the-top video series about it that just got crazier and crazier as he added more chapters.

Kelly has often referred to "Trapped" as an alien, and on Monday, he said: "I'm glad to be one of the astronauts to take this thing to the unknown."

He thanked the enthusiastic crowd for accepting the series, and admitted that he always wanted to act: "Somehow, I landed 'Trapped in the Closet' from being silly."

He also joked about the ridiculous nature of the series.

"I'm just having a lot of fun. I don't have a job so I sit in the studio all day and think of stuff to do and this is just something stupid I've done that's been successful for me," he said. "I'm having a lot of fun with it."

The latest chapters introduce a few new faces, and like the others series, ends with a cliffhanger. While it's taken Kelly five years to add these latest chapters to the series, Kelly says he won't take as long to produce more.

"I want everybody to know I've got 85 chapters of 'Trapped in the Closet' waiting in the studio for y'all," he said. "The chapters that are coming — the show, we call it — is going to exceed every chapter that you have ever seen."

Kelly capped of the evening with a rendition of one of his biggest hits, "I Believe I Can Fly," for the audience.

___

http://www.r-kelly.com

http://www.ifc.com

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Nekesa Mumbi Moody is the AP's Global Entertainment & Lifestyles Editor. Follow her at http://www.twitter.com/nekesamumbi

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Responding to Illnesses Manifesting Amid Recovery From Storm

Nicole Bengiveno/The New York Times

Dr. Aaron Gardener, center, attended to a patient at an ad hoc medical unit in Long Beach, N.Y. Many people have coughs, rashes and other ailments.

Day and night, victims of Hurricane Sandy have been streaming into ad hoc emergency rooms and relief centers, like the MASH-type medical unit on an athletic field in Long Beach, and the warming tent in the Rockaways the size of a small high school gym.

They complain of rashes, asthma and coughing. They need tetanus shots because — house-proud and armed with survivalist instincts — they have been ripping out waterlogged boards and getting poked by rusty nails. Those with back pain from sifting through debris receive muscle relaxants; those with chest pain from overexertion are hooked up to cardiac monitors.

“I’ve been coughing,” said Gabriel McAuley, 46, who has been working 16-hour days gutting homes and hauling debris in the Rockaways since the storm hit. “I’ve never felt a cough like that before. It’s deeper down.”

It is impossible to say how many people have been sickened by what Hurricane Sandy left behind: mold from damp drywall; spills from oil tanks; sewage from floodwater and unflushable toilets; tons upon tons of debris and dust. But interviews with hurricane victims, recovery workers, health officials and medical experts over the last week reveal that some of the illnesses that they feared would occur, based on the toxic substances unleashed by the storm and the experience of other disasters, notably Hurricane Katrina, have begun to manifest themselves.

Emergency rooms and poison control centers have reported cases of carbon monoxide exposure — and in New Jersey, several deaths have been attributed to it — from the misuse of generators to provide power and stoves to provide heat.

In Livingston, N.J., the Burn Center at St. Barnabas Medical Center had 16 burn cases over about six days, three times as many as usual, from people trying to dispel the cold and darkness with boiling water, gasoline, candles and lighter fluid.

Raw sewage spilled into homes in Baldwin and East Rockaway, in Nassau County, when a sewage plant shut down because of the surge and the system could not handle the backup. Sewage also spilled from a huge plant in Newark. “We tried to limit our presence in the house because the stink was horrible,” said Jennifer Ayres, 34, of Baldwin, who has been staying temporarily in West Hempstead. She said that she felt ill for several days, that her son had a scratchy throat, and that her mother, who lives in the house, had difficulty breathing, all problems she attributed to the two days they spent inside their house cleaning up last week. “I had stomach problems. I felt itchy beyond itchy on my face.”

Coughing — locally known as the Rockaway cough — is a common symptom that health officials said could come from mold, or from the haze of dust and sand kicked up by the storm and demolitions. The air in the Rockaways is so full of particles that the traffic police wear masks — though many recovery workers do not, worrying people who recall the fallout of another disaster.

“It’s just like 9/11,” said Kathy Smilardi, sitting inside the skeleton of her gutted home in Broad Channel, wrapped in a white puffy jacket, her breath visible in the afternoon cold. “Everyone runs in to clean up, and they’re not wearing masks. Are we going to wait 20 years to figure out that people are dying?”

Health officials and experts say the risks are real, but are cautioning against hysteria. Some coughing could be due to cold, damp weather. Lasting health effects from mold, dust and other environmental hazards generally require long-term, continuous exposure, they said. And the short-term effects can be mitigated by taking precautions like wearing masks, gloves and boots and removing mold-infested wallboard. “The reality is that cleaning up both muck and sewage and spills and removing walls and reconstruction and dealing with debris all do in fact pose concerns,” Daniel Kass, New York City’s deputy commissioner for environmental health, said Friday. “Are they vast or uncontrollable? No. But they depend on people doing work correctly and taking basic precautions.”

The Katrina cough was found to be temporary, said Roy J. Rando, a professor at Tulane’s School of Public Health and Tropical Medicine. Felicia Rabito, an epidemiologist at the school, said that healthy children exposed to mold after Hurricane Katrina showed no lasting respiratory symptoms when they moved back to new or renovated homes.

Immediately after Hurricane Katrina, lead levels in New Orleans’s soil dropped after the top layers of dirt, where lead from paint and gasoline can accumulate, were washed away. But in the two years afterward, soil testing found extremely high lead levels, Dr. Rabito said, which she theorized came from renovating old homes. “That’s a cautionary tale,” she said. Lead in soil can be tracked into homes and pose a health hazard to children playing inside or outside.

Though at least one outbreak of norovirus, a contagious gastrointestinal virus, occurred in a Brooklyn high school that was used as a shelter, New York and New Jersey health officials said they had not seen any significant spike in respiratory or gastrointestinal diseases related to the storm.

In Broad Channel, most homes on Noel Road, where Ms. Smilardi lives, have outdoor oil tanks that were overturned by the storm. The innards of many homes, built when asbestos was used, lie spilled among major and minor roads.

Ominous red spots covered both sides of Paul Nowinski’s burly torso. After the storm, Mr. Nowinski, a musician, waded into the basement of his childhood home on Beach 146th Street in the Rockaways to try to salvage records, books and instruments. He was up to his chest in water, which he thinks might have been contaminated with sewage. He said that he did not know the cause of the red marks; and that he had been too busy “schlepping” to go to the doctor.

Angela Macropoulos contributed reporting.

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