The Texas Tribune: Advocates Seek Mental Health Changes, Including Power to Detain

Matt Rainwaters for Texas Monthly

The Sherman grave of Andre Thomas’s victims.

SHERMAN — A worried call from his daughter’s boyfriend sent Paul Boren rushing to her apartment on the morning of March 27, 2004. He drove the eight blocks to her apartment, peering into his neighbors’ yards, searching for Andre Thomas, Laura Boren’s estranged husband.

Expanded coverage of Texas is produced by The Texas Tribune, a nonprofit news organization. To join the conversation about this article, go to texastribune.org.

For more articles on mental health and criminal justice in Texas, as well as a timeline of the Andre Thomas case: texastribune.org

Matt Rainwaters for Texas Monthly

Laura Boren

He drove past the brightly colored slides, swings and bouncy plastic animals in Fairview Park across the street from the apartment where Ms. Boren, 20, and her two children lived. He pulled into a parking spot below and immediately saw that her door was broken. As his heart raced, Mr. Boren, a white-haired giant of a man, bounded up the stairwell, calling out for his daughter.

He found her on the white carpet, smeared with blood, a gaping hole in her chest. Beside her left leg, a one-dollar bill was folded lengthwise, the radiating eye of the pyramid facing up. Mr. Boren knew she was gone.

In a panic, he rushed past the stuffed animals, dolls and plastic toys strewn along the hallway to the bedroom shared by his two grandchildren. The body of 13-month-old Leyha Hughes lay on the floor next to a blood-spattered doll nearly as big as she was.

Andre Boren, 4, lay on his back in his white children’s bed just above Leyha. He looked as if he could have been sleeping — a moment away from revealing the toothy grin that typically spread from one of his round cheeks to the other — except for the massive chest wound that matched the ones his father, Andre Thomas (the boy was also known as Andre Jr.), had inflicted on his mother and his half-sister as he tried to remove their hearts.

“You just can’t believe that it’s real,” said Sherry Boren, Laura Boren’s mother. “You’re hoping that it’s not, that it’s a dream or something, that you’re going to wake up at any minute.”

Mr. Thomas, who confessed to the murders of his wife, their son and her daughter by another man, was convicted in 2005 and sentenced to death at age 21. While awaiting trial in 2004, he gouged out one of his eyes, and in 2008 on death row, he removed the other and ate it.

At least twice in the three weeks before the crime, Mr. Thomas had sought mental health treatment, babbling illogically and threatening to commit suicide. On two occasions, staff members at the medical facilities were so worried that his psychosis made him a threat to himself or others that they sought emergency detention warrants for him.

Despite talk of suicide and bizarre biblical delusions, he was not detained for treatment. Mr. Thomas later told the police that he was convinced that Ms. Boren was the wicked Jezebel from the Bible, that his own son was the Antichrist and that Leyha was involved in an evil conspiracy with them.

He was on a mission from God, he said, to free their hearts of demons.

Hospitals do not have legal authority to detain people who voluntarily enter their facilities in search of mental health care but then decide to leave. It is one of many holes in the state’s nearly 30-year-old mental health code that advocates, police officers and judges say lawmakers need to fix. In a report last year, Texas Appleseed, a nonprofit advocacy organization, called on lawmakers to replace the existing code with one that reflects contemporary mental health needs.

“It was last fully revised in 1985, and clearly the mental health system has changed drastically since then,” said Susan Stone, a lawyer and psychiatrist who led the two-year Texas Appleseed project to study and recommend reforms to the code. Lawmakers have said that although the code may need to be revamped, it will not happen in this year’s legislative session. Such an undertaking requires legislative studies that have not been conducted. But advocates are urging legislators to make a few critical changes that they say could prevent tragedies, including giving hospitals the right to detain someone who is having a mental health crisis.

From the time Mr. Thomas was 10, he had told friends he heard demons in his head instructing him to do bad things. The cacophony drove him to attempt suicide repeatedly as an adolescent, according to court records. He drank and abused drugs to try to quiet the noise.

bgrissom@texastribune.org

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Major Banks Aid in Payday Loans Banned by States

Major banks have quickly become behind-the-scenes allies of Internet-based payday lenders that offer short-term loans with interest rates sometimes exceeding 500 percent.

With 15 states banning payday loans, a growing number of the lenders have set up online operations in more hospitable states or far-flung locales like Belize, Malta and the West Indies to more easily evade statewide caps on interest rates.

While the banks, which include giants like JPMorgan Chase, Bank of America and Wells Fargo, do not make the loans, they are a critical link for the lenders, enabling the lenders to withdraw payments automatically from borrowers’ bank accounts, even in states where the loans are banned entirely. In some cases, the banks allow lenders to tap checking accounts even after the customers have begged them to stop the withdrawals.

“Without the assistance of the banks in processing and sending electronic funds, these lenders simply couldn’t operate,” said Josh Zinner, co-director of the Neighborhood Economic Development Advocacy Project, which works with community groups in New York.

The banking industry says it is simply serving customers who have authorized the lenders to withdraw money from their accounts. “The industry is not in a position to monitor customer accounts to see where their payments are going,” said Virginia O’Neill, senior counsel with the American Bankers Association.

But state and federal officials are taking aim at the banks’ role at a time when authorities are increasing their efforts to clamp down on payday lending and its practice of providing quick money to borrowers who need cash.

The Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau are examining banks’ roles in the online loans, according to several people with direct knowledge of the matter. Benjamin M. Lawsky, who heads New York State’s Department of Financial Services, is investigating how banks enable the online lenders to skirt New York law and make loans to residents of the state, where interest rates are capped at 25 percent.

For the banks, it can be a lucrative partnership. At first blush, processing automatic withdrawals hardly seems like a source of profit. But many customers are already on shaky financial footing. The withdrawals often set off a cascade of fees from problems like overdrafts. Roughly 27 percent of payday loan borrowers say that the loans caused them to overdraw their accounts, according to a report released this month by the Pew Charitable Trusts. That fee income is coveted, given that financial regulations limiting fees on debit and credit cards have cost banks billions of dollars.

Some state and federal authorities say the banks’ role in enabling the lenders has frustrated government efforts to shield people from predatory loans — an issue that gained urgency after reckless mortgage lending helped precipitate the 2008 financial crisis.

Lawmakers, led by Senator Jeff Merkley, Democrat of Oregon, introduced a bill in July aimed at reining in the lenders, in part, by forcing them to abide by the laws of the state where the borrower lives, rather than where the lender is. The legislation, pending in Congress, would also allow borrowers to cancel automatic withdrawals more easily. “Technology has taken a lot of these scams online, and it’s time to crack down,” Mr. Merkley said in a statement when the bill was introduced.

While the loans are simple to obtain — some online lenders promise approval in minutes with no credit check — they are tough to get rid of. Customers who want to repay their loan in full typically must contact the online lender at least three days before the next withdrawal. Otherwise, the lender automatically renews the loans at least monthly and withdraws only the interest owed. Under federal law, customers are allowed to stop authorized withdrawals from their account. Still, some borrowers say their banks do not heed requests to stop the loans.

Ivy Brodsky, 37, thought she had figured out a way to stop six payday lenders from taking money from her account when she visited her Chase branch in Brighton Beach in Brooklyn in March to close it. But Chase kept the account open and between April and May, the six Internet lenders tried to withdraw money from Ms. Brodsky’s account 55 times, according to bank records reviewed by The New York Times. Chase charged her $1,523 in fees — a combination of 44 insufficient fund fees, extended overdraft fees and service fees.

For Subrina Baptiste, 33, an educational assistant in Brooklyn, the overdraft fees levied by Chase cannibalized her child support income. She said she applied for a $400 loan from Loanshoponline.com and a $700 loan from Advancemetoday.com in 2011. The loans, with annual interest rates of 730 percent and 584 percent respectively, skirt New York law.

Ms. Baptiste said she asked Chase to revoke the automatic withdrawals in October 2011, but was told that she had to ask the lenders instead. In one month, her bank records show, the lenders tried to take money from her account at least six times. Chase charged her $812 in fees and deducted over $600 from her child-support payments to cover them.

“I don’t understand why my own bank just wouldn’t listen to me,” Ms. Baptiste said, adding that Chase ultimately closed her account last January, three months after she asked.

A spokeswoman for Bank of America said the bank always honored requests to stop automatic withdrawals. Wells Fargo declined to comment. Kristin Lemkau, a spokeswoman for Chase, said: “We are working with the customers to resolve these cases.” Online lenders say they work to abide by state laws.

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Paying People to Play Video Games

House Speaker John Boehner tweets that the Obama administration is spending $ 1.2 million “paying people to play video games.” That’s misleading. The government did pay $ 1.2 million for university research that includes the study of how video games can stimulate the cognitive abilities of seniors. A fraction of that cost went to compensate seniors who participated in the study, researchers say.

Boehner was one of several prominent Republican congressmen who sent out a flurry of tweets – hashtag #cutwaste – distorting the research. Some Republicans said the money was spent to play the video game World of Warcraft. That’s wrong. World of Warcraft is not part of research funded by the federal government, although the study does use, in part, the Wii game Boom Blox.

We take no position on whether spending $ 1.2 million studying ways to improve the cognitive abilities of seniors is a waste of taxpayer money. But the Republicans should call it what it is and not distort the facts – even if they get only 140 characters to make their case against it.

But before we get into the facts of the research project, let’s dissect the anatomy of this Republican talking point.

The first volley in the “World of Warcraft” Twitter campaign appears to have come from House Majority Leader Eric Cantor on Feb. 19.

Cantor, Feb. 19: President Obama wants to raise your taxes so he can pay people $ 1.2 million to play World of Warcraft. http://1.usa.gov/Y3NGOH

The link goes to a press release from Cantor’s office listing a number of examples of “federal government waste,” including: “The National Science Foundation spent $ 1.2 million paying seniors to play ‘World of Warcraft’ to study the impact it had on their brain.” That’s not exactly right, but even that incomplete description gets further distorted in a series of tweets from Cantor and other House Republicans on Feb. 20.

Cantor, 10:56 a.m.: Federal Government spends $ 1.2 million paying people to play World of Warcraft video games. Instead of raising taxes, let’s #CutWaste

Speaker John Boehner, 10:57 a.m.: Pres Obama wants more tax hikes, refuses to #cutwaste like $ 1.2M spent paying people to play video games #Obamaquester

GOP Whip Rep. Kevin McCarthy, 11:01 a.m.: Not a kid’s fairytale: fed gov’t actually pays ppl w taxpayer dollars to play video games. Time to #CutWaste. http://1.usa.gov/Y3NH4U

Rep. Ann Wagner, 11:01 a.m.: Did you know the govt paid $ 1.2 million to pay people to play World of Warcraft? http://tinyurl.com/bg8njug Instead of tax hikes #CutWaste

Rep. Diane Black, 11:03 a.m.: Waste of the Day: $ 1.2 million tax dollars used to pay people to play World of Warcraft http://bit.ly/UIG5oK #CutWaste don’t raise taxes

Rep. Renee Ellmers, 11:08 a.m.: Tax dollars at work: govt paid $ 1.2 million to study seniors playing World of Warcraft http://tinyurl.com/bg8njug Instead of tax hikes #CutWaste

Rep. Darrell Issa, 11:46 a.m.: That awkward moment when @BarackObama says “We don’t have a spending problem” then it comes out the Gov paid $ 1.2 mil to play video games…

Rep. David McKinkley, 12:15 p.m.: Did you know the govt paid $ 1.2 million to pay people to play World of Warcraft? http://tinyurl.com/bg8njug Instead of tax hikes #CutWaste

How did this research grant suddenly become the poster child for government waste? It traces its roots to “Wastebook 2012,” Sen. Tom Coburn’s list of 100 wasteful government expenditures. The project in question was No. 87.

Coburn, Wastebook 2012: 87) Should grandparents play World of Warcraft ? — (NC) $ 1.2 million

Soon, grandma may have to skip dinner to join her World of Warcraft guild in a dungeon raid. Researchers believe they have found another means to help our memories as we age: the “World of Warcraft,” a fantasy video game featuring characters like orcs, trolls, and warlocks. The team of academics used part of $ 1.2 million in grants from the National Science Foundation to continue a video game study this year.

The study asked 39 adults ages 60 to 77 to play “World of Warcraft” for two hours a day over two weeks. In the game, players choose a character and rove around the virtual world participating in guild (group) missions, casting spells, and defeating evil creatures.

Millions of people around the world play, with the average player spending almost 11 hours per week playing.

At the end of the two-week study period, researchers found no cognitive improvement in older people who already scored well on cognitive tests. People who started out with lower initial results, however, experienced some improvements.

It’s true that the National Science Foundation — using funds from the economic stimulus — funded two grants totaling $ 1.2 million to study the ways in which the use of some video games by older people can improve their cognitive and everyday abilities, such as memory and reasoning. You can read the abstracts for the two grant awards here and here.

More broadly, according to the abstract, the researchers hope to “advance the knowledge and understanding of how cognitive training reduces age-related decline.”

The project is being led by Anne McLaughlin and Jason Allaire, both at the North Carolina State University’s Gains Through Gaming Lab, which is “dedicated to conducting applied research examining the relationship between playing commercially available video games and important psychological constructs” and specifically “how video games can improve cognitive functioning.”

We spoke to McLaughlin about the way her research was being characterized by Republican leaders in the House.

“Misleading doesn’t describe it,” McLaughlin said. “It is entirely inaccurate.”

For starters, she said, the research that included the World of Warcraft game was not funded by the National Science Foundation, though it helped to set the stage for the federally funded project.

The initial study looked at the effects of playing an “attentionally demanding game” — in this case, World of Warcraft — on the cognitive abilities of seniors. For the uninitiated, World of Warcraft is a massively multiplayer online role playing game (MMORPG). (It’s the game featured in episodes of “South Park” and the sitcom “Big Bang Theory.”)

The study cost a total of $ 5,000 and was funded entirely by N.C. State, McLaughlin said. It was initiated as a pilot and showed some promising results in improving the cognitive abilities of some seniors, particularly those who scored poorly in the cognitive pre-tests. Results of this study were featured in stories by the Los Angeles Times, Time magazine and CBS News, as well as in a press release from N.C. State.

Spurred by those results, McLaughlin and Allaire sought and were awarded two grants from the NSF to perform a much larger series of studies — in part employing the interactive Wii game Boom Blox.

By manipulating various aspects of the game, they are trying to pinpoint what kinds of game play best improve cognition and functioning for older adults, McLaughlin said, as well as determining the effects of playing alone versus in groups.

That’s just the first phase. Then, in collaboration with computer whizzes at Georgia Tech, they hope to develop guidelines for games for older players that will lead to “a new class of ‘brain games’ with reliable effectiveness,” according to the abstract.

“The whole purpose of this is to generalize beyond any game and promote cognitive improvement,” McLaughlin said.

Begun in 2009, the research is still in progress, McLaughlin said.

For the record, McLaughlin said, “We don’t pay anyone to play video games. We pay them to participate in a study.”

Participants first take a three-hour cognitive test to use as a baseline. Then they are asked to come back and play a video game for an hour a day for 15 straight days. Then they are given another three-hour cognitive test immediately afterward, and then two more tests — one three months later and the last a year later. The amount of the $ 1.2 million grant money spent on paying the participants of the study is a small fraction of the overall cost, McLaughlin said.

We initially were led to the grants after making an inquiry with Cantor’s office seeking backup material for claims about the federal government spending $ 1.2 million for people to play World of Warcraft.

In addition to passing along links to the study abstracts, Megan Whittemore, Cantor’s press secretary, offered this response: “The President of the United States said he was going to have to turn criminals loose on the street. Clearly, he created a false choice between raising taxes or near-apocalyptic conditions. In reality, we need to make choices on how the federal government spends taxpayers’ hard earned dollars. While some of these programs may have some merit to some people, should they be saved before preventing the drastic scenario the President painted this week?”

Again, as independent fact-checkers, we take no position about whether these grants are a worthwhile use of taxpayer money. Cutting budget deficits — a stated goal of both Republicans and Democrats — is going to require some tough choices. But the facts simply get in the way of this Republican talking point. Paying people $ 1.2 million to play video games sounds a lot more outrageous than studying ways to improve the cognitive abilities of seniors. And it misleadingly twists what the grants are all about.

– Robert Farley

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The Lede: Reeva Steenkamp, Steve Biko and the Quest for Justice in South Africa

LONDON – The title of the presiding judge 35 years ago was the same, chief magistrate of Pretoria, and the venue for the hearing, a converted synagogue, was not far from the modern courthouse seen on television screens around the world in recent days as Oscar Pistorius, the gold medal-winning Paralympic athlete, fought for bail in the killing of his girlfriend, Reeva Steenkamp.

The case that unfolded in the last weeks of 1977, like the one featuring Mr. Pistorius, centered on a death that captured global attention. Then, too, it was the role of the chief magistrate, a jurist of relatively minor standing in South Africa’s legal system, to weigh whether it was a case of murder or mishap. Then, too, there were constituencies, inside the courtroom and beyond, that clamored passionately for their version of the truth.

The similarities – and dissimilarities – will have pressed in on anyone who was present in the Pretoria courtroom those decades ago, when the proceeding involved was an inquest, and the death that of Steve Biko, a 30-year-old black activist who was a popular youth leader of the anti-apartheid movement. By the miserable manner of his dying, alone, naked, and comatose on the floor of a freezing prison cell, Mr. Biko became, in death still more than in life, a powerful force for an end to South Africa’s institutionalized system of racial repression.

A British television report from South Africa in 1977, eight days after Steve Biko, an anti-apartheid activist, was beaten to death in police custody.

The two cases, of course, will find widely different places on history’s ladder. Mr. Pistorius, awarded bail on Friday after a hearing that was sensational for what it revealed of his actions in shooting Ms. Steenkamp, and for the raw emotions the athlete displayed in the dock, became a global celebrity in recent years for his feats as the Blade Runner, a track star who overcame the disability of being born with no bones in his lower legs.

But for all that it has been a shock to the millions who have seen his running as a parable for triumph in adversity, Mr. Pistorius’s tragedy — and still more, Ms. Steenkamps’s — has been a personal one. Mr. Biko’s death was considered at the time, as it has been ever since, as a watershed in the history of apartheid, a grim milestone among many others along South Africa’s progress towards black majority rule, which many ranked as the most inspiriting event in the peacetime history of the 20th-century when it was finally achieved in 1994.

Still, for a reporter who covered the Biko inquest for the Times as the paper’s South Africa correspondent through the turbulent years of the 1970’s, there were strong resonances in the week’s televised proceedings in Pretoria. Among them was the sheer scale of the media coverage, and the display of how live-by-satellite broadcasting and the digitalization of the print press, with computers, cellphones and Twitter feeds, have globalized the news business.

Oscar Pistorius facing the media during his bail hearing this week in Pretoria.

For the Pistorius hearing, there was a frenzied, tented camp of television crews outside the court, a crush among reporters struggling to get into the hearing, and platoons of studio commentators eager to have their say.

The crush among reporters outside the bail hearing for Oscar Pistorius this week in Pretoria.

On each of the 13 days the Biko inquest was in session, I had no trouble finding myself a seat in the airy courtroom. I took my lunch quietly with members of the Biko family’s legal team, and loitered uneasily during adjournments in an outside passageway, eavesdropping on the policemen who were Mr. Biko’s captors in his final days as they fine-tuned the testimony they were to give in court.

In the Pistorius case, the police again emerged poorly, having, as it seemed, bungled aspects of the forensic investigation in ways that could complicate the prosecution’s case that Mr. Steenkamp’s death was a case of premeditated murder — and having assigned the case to an officer who turned out to be under investigation in a case of attempted murder himself. But nothing in that bungling could compare with the sheer wretchedness of the security police officers in the Biko case, who symbolized, in their brutal and callous treatment of a defenseless man, and in the jesting about it I heard in that courtroom passageway, just how far below human decency apartheid had descended.

There was, too, the extraordinary contrast in the deportment of the magistrates in their rulings in the two cases, and what that said about the different South Africas of then and now. Desmond Nair, presiding at the Pistorius hearing, took more than two hours to review the evidence in the killing of Ms. Steenkamp, swinging back and forth in a meandering — and often bewildering — fashion between the contending accounts of Ms. Steenkamp’s death offered by Mr. Pistorius’s legal counsel and those put forward by the police.

Marthinus J. Prins, the chief magistrate in the Biko inquest, took an abrupt three minutes to deliver his finding, a numbing, 120-word exculpation of the policemen and government doctors who ushered Mr. Biko to his death on the stone-flagged floor of the Pretoria Central Prison. “The court finds the available evidence does not prove the death was brought about by any act or omission involving any offense by any person,” Mr. Prins said, reading hurriedly from a prepared statement before leaving the courtroom and slipping away by a rear door.

In finding that nobody was to blame in the black leader’s death, the magistrate brushed aside testimony suggesting what the policemen and doctors involved acknowledged many years later to have been true, when they petitioned for amnesty under the Truth and Reconciliation Commission process that sought to heal the wounds of apartheid: that Mr. Biko had been beaten in police custody, suffering a severe brain injury that was left untreated until he died.

The utter lack of compassion, and of anything resembling justice, was expressed in the dull-eyed satisfaction of Mr. Prins when I caught up with him an hour or so after the verdict in his vast, dingy office a few blocks from the courtroom.

“To me, it was just another death,” he said, pulling off his spectacles and rubbing his eyes. “It was just a job, like any other.”

Mr. Prins, who rose to his position through the apartheid bureaucracy, without legal training, appeared at that moment, as he had throughout the inquest, to be disturbingly sincere, yet utterly blinded. Faithful servant of the apartheid system, he had given it the clean bill of health it demanded, and freed the police to continue treating black political detainees as they chose. Among the country’s rulers, the verdict was embraced as a triumphal vindication, while those who chose to see matters more clearly understood it to be a tolling of history’s bell.

Listening to Mr. Nair delivering his ruling in the Pistorius case, there will have been many, in South Africa and abroad, who will have found his monologue on Friday confusing, circular in its argument, and numbingly repetitive. As an exercise in jurisprudence, it was something less than a stellar advertisement for a South African legal system that, at its best, is a match for any in the world, as it was back in 1977.

Sydney Kentridge, lead counsel for the Biko family at the inquest, moved seamlessly to England in the years that followed, and became, by widespread reckoning among his peers, Britain’s most distinguished barrister, still practicing in London now, well into his 80’s.

In the 2011 Steve Biko Lecture at the University of Cape Town, Sydney Kentridge spoke about the inquest into his death in 1977.

A host of other South African expatriates who fled apartheid have made outstanding careers as lawyers and judges in Britain, the United States, and elsewhere in the English-speaking world, but many others stayed at home, and continue to serve a court system that has fared rather better, in recent years, than many other institutions in the new South African state.

But even if Mr. Nair, in granting Mr. Pistorius bail, seemed no match in the elegance of his argument for South Africa’s finest legal minds, he nonetheless did South Africa proud. In the chaotic manner of his ruling, which sounded at times like a man grabbing for law books off a shelf, he was, indisputably, doing something that Mr. Prins, all those years before, had not even attempted: looking for ways to steer his course to justice. People will disagree whether Mr. Pistorius deserved the break he got in walking free from that courtroom, but nobody could reasonably contest that what we saw in his case was the working of a legal system that strives for justice, and not to rubber-stamp the imperatives of the state.

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Stewart wins at Daytona after scary last-lap crash

DAYTONA BEACH, Fla. (AP) — Tony Stewart won a chaotic Nationwide Series race at Daytona International Speedway that ended with a frightening last-lap crash that appeared to injure fans when rookie Kyle Larson's car sailed into the fence that separates the track from the seats.

The front end of Larson's car was ripped away, and a gaping hole was cut in the fencing. Pieces of the car sailed into the grandstands and emergency workers could be seen attending to fans.

Ambulance sirens were heard behind the stands, which were briefly shrouded in smoke from Larson's burning engine, which appeared to be wedged into the fence.

A subdued Stewart did not celebrate in Victory Lane.

"The important thing is what going on on the front-stretch right now," the three-time NASCAR champion said. "We've always known, and since racing started, this is a dangerous sport. But it's hard. We assume that risk, but it's hard when the fans get caught up in it.

"So as much as we want to celebrate right now and as much as this is a big deal to us, I'm more worried about the drivers and the fans that are in the stands right now because that was ... I could see it all in my mirror, and it didn't look good from where I was at."

Regan Smith was leading coming to the checkered flag when he was turned sideways into the wall. Cars began wrecking all over the track, and Larson's car went sailing into the fence.

Stewart slid through the wreckage to the win.

When Larson's car came to a stop, it was missing its entire front end. The 20-year-old, who made his Daytona debut this week, said he first thought of the fans.

"I hope all the fans are OK and all the drivers are all right," Larson said. "I took a couple big hits there and saw my engine was gone. Just hope everybody's all right."

He said he was along for the ride in the last-lap accident.

"I was getting pushed from behind, I felt like, and by the time my spotter said lift or go low, it was too late," Larson said. "I was in the wreck and then felt like it was slowing down and I looked like I could see the ground. Had some flames come in the cockpit, but luckily I was all right and could get out of the car quick."

It appeared fans were lined right along the fence when Larson's car sailed up and into it.

Shortly before the final three-lap sprint to the finish, Michael Annett was taken to a hospital for further evaluation after a 13-car accident with five laps remaining.

NASCAR said Annett was awake and alert, but undergoing further tests. That accident stopped the race for a red-flag of nearly 20 minutes.

The last-lap accident began when Smith tried to block defending Sprint Cup Series champion Brad Keselowski to preserve the win.

"I tried to throw a block, it's Daytona, you want to go for the win here," Smith said. "I don't know how you can play it any different other than concede second place, and I wasn't willing to do that today. Our job is to put them in position to win, and it was, and it didn't work out."

Keselowski watched a replay of the final accident, but said his first thoughts were with the fans. As for the accident, he agreed he tried to make a winning move and Smith tried to block.

"He felt like that's what he had to do, and that's his right. The chaos comes with it," Keselowski said. "I made the move and he blocked it, and the two of us got together and started the chain events that caused that wreck. First and foremost, just want to make sure everyone in the stands is OK and we're thinking about them."

Keselowski said the incident could cast a pall on Sunday's season-opening Daytona 500.

"I think until we know exactly the statuses of everyone involved, it's hard to lock yourself into the 500," Keselowski said. "Hopefully we'll know soon and hopefully everyone's OK. And if that's the case, we'll staring focusing on Sunday."

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Drone Pilots Found to Get Stress Disorders Much as Those in Combat Do

U.S. Air Force/Master Sgt. Steve Horton

Capt. Richard Koll, left, and Airman First Class Mike Eulo monitored a drone aircraft after launching it in Iraq.

The study affirms a growing body of research finding health hazards even for those piloting machines from bases far from actual combat zones.

“Though it might be thousands of miles from the battlefield, this work still involves tough stressors and has tough consequences for those crews,” said Peter W. Singer, a scholar at the Brookings Institution who has written extensively about drones. He was not involved in the new research.

That study, by the Armed Forces Health Surveillance Center, which analyzes health trends among military personnel, did not try to explain the sources of mental health problems among drone pilots.

But Air Force officials and independent experts have suggested several potential causes, among them witnessing combat violence on live video feeds, working in isolation or under inflexible shift hours, juggling the simultaneous demands of home life with combat operations and dealing with intense stress because of crew shortages.

“Remotely piloted aircraft pilots may stare at the same piece of ground for days,” said Jean Lin Otto, an epidemiologist who was a co-author of the study. “They witness the carnage. Manned aircraft pilots don’t do that. They get out of there as soon as possible.”

Dr. Otto said she had begun the study expecting that drone pilots would actually have a higher rate of mental health problems because of the unique pressures of their job.

Since 2008, the number of pilots of remotely piloted aircraft — the Air Force’s preferred term for drones — has grown fourfold, to nearly 1,300. The Air Force is now training more pilots for its drones than for its fighter jets and bombers combined. And by 2015, it expects to have more drone pilots than bomber pilots, although fighter pilots will remain a larger group.

Those figures do not include drones operated by the C.I.A. in counterterrorism operations over Pakistan, Yemen and other countries.

The Pentagon has begun taking steps to keep pace with the rapid expansion of drone operations. It recently created a new medal to honor troops involved in both drone warfare and cyberwarfare. And the Air Force has expanded access to chaplains and therapists for drone operators, said Col. William M. Tart, who commanded remotely piloted aircraft crews at Creech Air Force Base in Nevada.

The Air Force has also conducted research into the health issues of drone crew members. In a 2011 survey of nearly 840 drone operators, it found that 46 percent of Reaper and Predator pilots, and 48 percent of Global Hawk sensor operators, reported “high operational stress.” Those crews cited long hours and frequent shift changes as major causes.

That study found the stress among drone operators to be much higher than that reported by Air Force members in logistics or support jobs. But it did not compare the stress levels of the drone operators with those of traditional pilots.

The new study looked at the electronic health records of 709 drone pilots and 5,256 manned aircraft pilots between October 2003 and December 2011. Those records included information about clinical diagnoses by medical professionals and not just self-reported symptoms.

After analyzing diagnosis and treatment records, the researchers initially found that the drone pilots had higher incidence rates for 12 conditions, including anxiety disorder, depressive disorder, post-traumatic stress disorder, substance abuse and suicidal ideation.

But after the data were adjusted for age, number of deployments, time in service and history of previous mental health problems, the rates were similar, said Dr. Otto, who was scheduled to present her findings in Arizona on Saturday at a conference of the American College of Preventive Medicine.

The study also found that the incidence rates of mental heath problems among drone pilots spiked in 2009. Dr. Otto speculated that the increase might have been the result of intense pressure on pilots during the Iraq surge in the preceding years.

The study found that pilots of both manned and unmanned aircraft had lower rates of mental health problems than other Air Force personnel. But Dr. Otto conceded that her study might underestimate problems among both manned and unmanned aircraft pilots, who may feel pressure not to report mental health symptoms to doctors out of fears that they will be grounded.

She said she planned to conduct two follow-up studies: one that tries to compensate for possible underreporting of mental health problems by pilots and another that analyzes mental health issues among sensor operators, who control drone cameras while sitting next to the pilots.

“The increasing use of remotely piloted aircraft for war fighting as well as humanitarian relief should prompt increased surveillance,” she said.

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The Haggler: Telemarketer’s Tactics and Regulators’ Response Elicit Complaints

LAST month, the Haggler was sitting at home when the phone rang.

“This is your second and final notice,” intoned the stern voice of a robocaller. This vaguely threatening opener segued quickly into a lilting spiel about credit cards and consolidation. Something about an offer to lower rates? It was hard to tell, but when the Haggler heard he could press 1 for more information, naturally, he pressed 1.

After a pause, a man introduced himself as Robert, and offered the services of Account Management Assistance. It was hard to tell exactly what A.M.A. was selling, but the Haggler was assured it would cost him nothing and reduce his credit card interest payments.

“Sure, I’m interested,” quoth the Haggler, hoping to draw out some information. But Robert was soon spooked by this softball question: “Where are you guys located?”

Click.

Intrigued, the Haggler typed A.M.A.’s phone number — captured on caller ID — into a Web site called 800notes.com, which provides a forum for those on the receiving end of unwanted calls. On pages dedicated to 855-462-3833, the Haggler found dozens of complaints, and many of those complainers had signed up for A.M.A.’s service. The company had charged as much as $2,000, promising to negotiate lower credit card rates with banks.

There were no satisfied customers.

“They got me too!” wrote one. “Lying freaks,” wrote another.

So the Haggler posted an invitation on the site, asking anyone disappointed by A.M.A. to get in touch. A week later, an e-mail arrived from Anna Mikiewicz of Palatine, Ill.

“The whole experience is enough to put someone in an early grave,” she wrote. “I’ve been run through the mill.”

Ms. Mikiewicz outlined how she’d been charged $1,000 by A.M.A. For her money, the company signed her up for a credit card that offered zero percent interest for a limited period, something she could have done herself, free. Her attempts to get a refund included dozens of calls, to a variety of employees at A.M.A., as well as unsuccessful efforts to persuade government bodies to investigate. Because A.M.A. gives its address as a post office box in Orlando, that included Florida’s attorney general’s office and Department of Agriculture and Consumer Services.

Nobody had helped.

Now it was the Haggler’s turn. Ms. Mikiewicz said that a man named Mark Dowell was the manager at A.M.A., and suggested that calls begin with him.

“May I speak to Mark Dowell?” the Haggler said, after dialing 407-480-4489, a number A.M.A. had provided to Ms. Mikiewicz back when they were speaking.

“He’s gone for the day,” replied a receptionist.

“Can you leave him a message?” said the Haggler.

“Hold, please,” she said.

“Who are you looking for?” she then asked.

“Mark Dowell.”

“We don’t have a Mark Dowell. We have a Mark Dolan. What company are you trying to reach?”

“Account Management Assistance.”

“You’ve got the wrong number.”

“Well, what company is this?”

“I can’t give out that information.”

“Really? How come?”

“It’s not in my job description.”

“Well, it’s not in my job description either. But I still tell people where I work.”

“What town is the company you’re trying to reach?”

“Orlando.”

“O.K. We’re Elephant Inc. We’re based in Hawaii.”

The next day, the Haggler called the same number, asking for Mark Dowell.

“He’s on the line with another customer. Would you like to leave a message?”

The Haggler did, twice, and has never heard back.

IT turns out that A.M.A. doesn’t have a Web site, and, other than that post office box, doesn’t seem to exist in physical space. Nonetheless, there are clues about who may be behind this operation. The Better Business Bureau has a page for a Florida company called Your Financial Ladder — which gets an “F” grade, by the way — that seems to do business as Account Management Assistance, as well as other names, including Economic Progress Inc.

Economic Progress, according to a 2012 Florida incorporation filing, is operated by Brenda Helfenstine. She and her husband, Tony, ran into some trouble last year. The attorney general of Arkansas sued Your Financial Ladder, and four other companies, accusing them of violating the Telemarketing Consumer Fraud and Abuse Prevention Act, among other laws. He named Brenda and Tony Helfenstine and accused their company of making illegal robocalls and assessing fees to consumers without providing promised aid.

So the Haggler called the Helfenstines, whose phone number was dug up by a Times researcher, Jack Styczynski, and left a message. Tony Helfenstine returned that call, but after follow-up calls, he went silent.

“This is your second and final notice,” the Haggler wisecracked on the Helfenstines’ answering machine, to his own great amusement. Nothing.

What about those government agencies? Well, a spokesman for the Florida Department of Agriculture and Consumer Services says it recently started an investigation of Your Financial Ladder that ended uneventfully after an inspector was dispatched to the contact address listed on the company’s Web site, 1760 Sundance Drive, in St. Cloud.

“The inspector noted that the address was a residence and that there was no evidence of a telemarketing operation at the time,” wrote Amanda Bevis, a spokeswoman for the department. “The investigation had reached a dead end.”

Actually, the investigation had reached the home of Brenda and Tony Helfenstine. Seriously, that address, according to easily accessible public records, is where the Helfenstines seem to live.

Deep breaths, people. Yes, it’s maddening that our consumer protection agencies are so easily foiled. Or unmotivated. Perhaps they need a nudge. So, dear readers, the Haggler cordially invites you to contact Adam Putnam, commissioner of Florida’s consumer services department, on Twitter at @adamputnam, and Pam Bondi, Florida’s attorney general, at @AGPamBondi. Tell them you care. And stay tuned.

E-mail: haggler@nytimes.com. Keep it brief and family-friendly, include your hometown and go easy on the caps-lock key. Letters may be edited for clarity and length.

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‘Anonymous’ becomes latest victim in Twitter hacking spree

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Chinese Passports Seen as Political Statement

Todd Heisler/The New York Times

Hu Ping, the editor of a pro-democracy journal in New York, has not seen his aging parents in decades because of passport restrictions.

BEIJING — Flush with cash and eager to see the world, millions of middle-class Chinese spent the 10-day Lunar New Year holiday that ended on Monday in places like Paris, Bangkok and New York. Last year, Chinese made a record 83 million trips abroad, 20 percent more than in 2011 and a fivefold increase from a decade earlier.

Sun Wenguang, a retired economics professor from China’s Shandong Province, was not among those venturing overseas, however. And not by choice. An author whose books offer a critical assessment of Communist Party rule, Mr. Sun, 79, has been repeatedly denied a passport without explanation.

“I’d love to visit my daughter in America and my 90-year-old brother in Taiwan but the authorities have other ideas,” he said. “I feel like I’m living in a cage.”

Mr. Sun is among the legions of Chinese who have been barred from traveling abroad by a government that is increasingly using the issuance of passports as a cudgel against perceived enemies — or as a carrot to encourage academics whose writings have at times strayed from the party line to return to the fold.

“It’s just another way to punish people they don’t like,” said Wu Zeheng, a government critic and Buddhist spiritual leader from southern Guangdong Province whose failed entreaties to obtain a passport have prevented him from accepting at least a dozen speaking invitations in Europe and North America.

China’s passport restrictions extend to low-level military personnel, Tibetan monks and even the security personnel who process passport applications. “I feel so jealous when I see all my friends taking vacations in Singapore or Thailand but the only way I could join them is to quit my job,” said a 28-year-old police detective in Beijing.

Lawyers and human rights advocates say the number of those affected has soared in recent years, with Tibetans and Uighurs, the Turkic-speaking minority from China’s far west, increasingly ineligible for overseas fellowships, speaking engagements or the organized sightseeing groups that have ferried planeloads of Chinese to foreign capitals.

Although the government does not release figures on those who have been denied passports, human rights groups suggest that at least 14 million people — mostly those officially categorized as ethnic Uighurs and Tibetans — have been directly affected by the restrictions as have hundreds of religious and political dissidents. A representative of the Exit-Entry Administration of the Public Security Bureau declined to discuss the nation’s passport policies.

The seemingly arbitrary restrictions also affect overseas Chinese who had grown accustomed to frequent visits home. Scores of Chinese expatriates have been denied new passports by Chinese embassies when their old ones expire, while others say they are simply turned away after landing in Beijing, Shanghai or Hong Kong. After finding their names on a blacklist, border control officers will escort returnees on to the next outbound flight. Even if seldom given explanations for their expulsions, many of those turned away suspect it is punishment for their anti-government activism abroad.

“Compared to other forms of political persecution, the denial of the right to return home seems like a small evil,” said Hu Ping, the editor of a pro-democracy journal in New York who has not seen his aging parents in decades. “But it’s a blatant violation of human rights.”

Even those carrying valid passports are subject to the whims of the authorities. On Feb. 6, Wang Zhongxia, 28, a Chinese activist who had planned to meet the Burmese opposition leader Daw Aung San Suu Kyi, was barred from boarding a Myanmar-bound flight from the southern city of Guangzhou. Four days earlier, Ilham Tohti, an academic and vocal advocate for China’s ethnic Uighurs, was prevented from leaving for the United States.

Mr. Tohti, who was set to begin a yearlong fellowship at Indiana University, said he was interrogated at Beijing International Airport for nearly 12 hours by officers who refused to explain his detention. Speaking from his apartment in the capital, Mr. Tohti said Uighurs have long faced difficulties in obtaining passports but that the authorities have made it nearly impossible in recent years. “We feel like second-class citizens in our own country,” he said.

For decades after the Communists came to power in 1949, most Chinese could only dream of traveling abroad; the handful who managed to leave often escaped by evading border guards and swimming across shark-infested waters to what was then British-ruled Hong Kong. As China opened up to the outside world in the early 1980s, the government began providing passports and exit visas to graduate students with acceptance letters from universities overseas.

Patrick Zuo contributed research.

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Oscar Pistorius gets bail as murder trial looms

PRETORIA, South Africa (AP) — Oscar Pistorius walked out of a South African court Friday a free man — for now — after a magistrate agreed to release him on bail ahead of his premeditated murder trial over the shooting death of his girlfriend.

But even as he was driven away from court and chased by videographers and photographers, questions continued to hound the Paralympian about what actually happened when he opened fire on Valentine's Day inside his home and killed Reeva Steenkamp.

Chief Magistrate Desmond Nair, who agreed to bail with harsh restrictions for the athlete, expressed his own doubts about Pistorius' story. Those questions, highlighted at a four-day bail hearing that at times foreshadowed his coming trial, come from Pistorius' account that he felt threatened and mistook Steenkamp for an intruder when he fired the four shots at her in his bathroom.

"Why would (Pistorius) venture further into danger?" Nair asked.

Pistorius' supporters shouted "Yes!" when Nair made his decision after a nearly two hour explanation of his ruling to a packed courtroom in Pretoria, South Africa's capital. Yet when prosecutors and the defense said they agreed to bail terms, Nair more than doubled those conditions for the 26-year-old runner to be free ahead of trial.

Nair set the bail at 1 million rand ($113,000), with $11,300 in cash up front and proof that the rest is available. The magistrate said Pistorius must hand over his passports and also turn in any other guns that he owns. Pistorius also cannot leave the district of Pretoria without the permission of his probation officer, Nair said, nor can he take drugs or drink alcohol.

Pistorius' family members hugged each other after the decision was read, with tears in their eyes.

"We are relieved at the fact that Oscar got bail today but at the same time we are in mourning for the death of Reeva with her family," said Pistorius' uncle, Arnold Pistorius. "As a family, we know Oscar's version of what happened on that tragic night and we know that that is the truth and that will prevail in the coming court case."

Sharon Steenkamp, Reeva's cousin, had said earlier that the family wouldn't be watching the bail decision and hadn't been following the hearing in Pretoria.

"It doesn't make any difference to the fact that we are without Reeva," she told The Associated Press.

Nair set Pistorius' next court appearance for June 4. The Olympian left the courthouse in a silver Land Rover, sitting in the rear, just more than an hour after the magistrate imposed the bail conditions. The vehicle, tailed by motorcycles carrying television cameramen aboard, later pulled into the home of Pistorius' uncle.

Pistorius left behind more than a dozen international and local television crews at the red-brick courthouse. It's a sign of the growing global fascination with a case involving an inspirational athlete and his beautiful, law-school graduate girlfriend, who was a model and reality TV show contestant.

During Friday's long session in Pretoria Magistrate's Court, Pistorius alternately wept and appeared solemn and more composed, especially toward the end as Nair criticized police procedures in the case and as a judgment in Pistorius' favor appeared imminent. He showed no reaction as he was granted bail.

Before the hearing, Pistorius' longtime coach Ampie Louw said he hoped to put his runner back into his morning and afternoon training routine if he got bail.

"The sooner he can start working the better," said Louw, who was the person who convinced the double-amputee to take up track as a teenager a decade ago. But he acknowledged Pistorius could be "heartbroken" and unwilling to immediately pull on his carbon-fiber running blades, the reason behind his "Blade Runner" nickname.

There is one place, however, where Nair ordered that Pistorius cannot go: His upscale home in a gated community in the eastern suburbs of Pretoria, where he killed Steenkamp in the predawn hours of Feb. 14.

Pistorius said in a sworn statement to the court that he shot his girlfriend accidentally, believing she was an intruder in his house. He described "a sense of terror rushing over" him and feeling vulnerable because he stood only on his stumps before opening fire.

Prosecutors, however, say he intended to kill Steenkamp, saying the shooting followed a loud argument between the two. Yet despite poking holes in Pistorius' statement — they questioned why he didn't notice his girlfriend missing despite walking past the bed and brought up incidents that they said highlighted his temper — their case unraveled through testimony by the police's lead investigator in the case, Detective Warrant Officer Hilton Botha.

Botha, who faces seven charges of attempted murder in an unrelated incident, was removed from the case Thursday. His replacement, the nation's top detective Vinesh Moonoo, stopped briefly by the hearing Friday. Prosecution spokesman Medupe Simasiku said later Friday: "We're still confident in our case."

While Nair leveled harsh criticism at Botha for "errors" and "blunders," he said one man does not represent an investigation and that the state could not be expected to put all "the pieces of the puzzle" together in such a short time. The magistrate questioned whether Pistorius would be a flight risk and be prepared to go "ducking and diving" around the world when he stood to lose a fortune in cash, cars, property and other assets.

Pistorius faced the sternest bail requirements in South Africa because of the seriousness of the charge. His defense lawyers had to prove that he would not flee the country, would not interfere with witnesses or the case and his release would not cause public unrest. They also had to show "exceptional" circumstances for his release as well, something Nair said could be found in the "weak" case offered by prosecutors.

Yet the magistrate still anticipated the shape of the state's case at trial. Nair said he had serious questions about Pistorius' account: Why didn't he try to locate his girlfriend on fearing an intruder was in the house? Why didn't he try to determine who was in the bathroom? And why would he venture into perceived "danger" — the bathroom area — when he could have taken other steps to ensure his safety?

Touching those unanswered questions, Nair said: "There are improbabilities which need to be explored."

___

AP Sports Writer Gerald Imray contributed to this report from Johannesburg.

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Jon Gambrell can be reached at www.twitter.com/jongambrellAP .

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