Macy's targets Millennials, Saks blames Sandy in Q4 earnings









Brick-and-mortar is not enough for Macy’s Inc. and Saks Inc.


It’s all about the so-called omni-channel shopping experience for both the department store chain and the luxury retailer. The tactic tries to lure consumers by offering buying opportunities through an inter-connected network of physical locations, online websites, mobile devices, televisions and more.


Macy’s, which also owns the high-end Bloomingdale’s brand, saw online sales soar 47.7% during the fourth quarter, which ended Feb. 2 for both businesses. Saks added iPads to stores, tested “buy online, ship from store” deals and added “store only” inventory to saks.com displays.





Such efforts helped both companies score positive sales this holiday season at stores open for more than a year, according to their earnings announcements Tuesday.  


During the quarter, Macy’s enjoyed a 3.9% same-store sales boost from the same period a year earlier. Overall revenue boomed 7.2% to $9.4 billion.


Macy’s net income sank 2% to $730 million from $745 million, but earnings per share rose to $1.83 from $1.74 during the fourth quarter last year, when there were more shares outstanding.


The retailer is currently in court over J.C. Penney’s product deal with Martha Stewart, arguing that the agreement violates Macy’s exclusive contract with the domestic diva.


Saks had a more muted quarter, with a 0.7% same-store bump following a 7.7% surge the year before.


Profit tanked 45% to $20.4 million, or 13 cents a share, even as revenue swelled 5.6% to $976.6 million.


The results were “negatively impacted by Hurricane Sandy, which caused significant disruption to our very important Northeastern markets and to saks.com,” said Saks Chief Executive Stephen I. Sadove in a statement. The retailer was also bedeviled during a “challenging year” by “continued macroeconomic concerns, election and fiscal cliff distractions,” he said.


Going forward, Sadove said omni-channel investments will pressure profitability. The company, however, still expects same-store sales to grow 3% to 5% over the next fiscal year.


Macy’s said it expects the gauge to increase 3.5% over the same period.


The chain is adapting its strategy of offering exclusive products, locally tailored merchandise and increased digital integration as it woos Millennials, the young shoppers that Chief Executive Terry J. Lundgren calls “America’s largest generation.”


Home Depot Inc. also reported earnings. Sales bumped up 13.9% to $18.2 billion. Net income soared 31.9% to $1 billion, or 68 cents a share.


The company’s stock was up more than 5% to $67.50 a share in late morning trading in New York. Macy’s was riding a 2.5% boost to $39.50 a share. Saks was down less than a percent to $11.01.


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Oscars 2013: An 'Argo' night at Academy Awards









For the second straight year, the movie business fell for itself.


"Argo" — in which a Hollywood producer and makeup artist help engineer the rescue of six Americans from Iran — won the top prize at the 85th Academy Awards, one year after the silent film story "The Artist" took the best picture Oscar.


"I never thought I'd be back here. And I am," producer-director Ben Affleck said in accepting the best picture trophy Sunday night, 15 years after he won an original screenplay Oscar for "Good Will Hunting" and then saw his career fall into a tailspin that included "Gigli" and "Daredevil."








FULL COVERAGE: Oscars 2013 | Winners


"It doesn't matter how you get knocked down in life. That's going to happen," said Affleck, who wasn't nominated for directing "Argo," one of nine films in the best picture race. "All that matters is that you've got to get up."


"Argo," which became the first movie to win best picture without its director being nominated since 1989's "Driving Miss Daisy," collected two other Academy Awards, for editing and adapted screenplay. But it was not the evening's most recognized film: That honor went to Ang Lee's "Life of Pi," which won four Oscars — for directing, visual effects, cinematography and score.


"Thank you, movie god," said Lee, whose movie came into the evening with 11 nominations, one behind Steven Spielberg's "Lincoln." The film about the 16th president helped Daniel Day-Lewis make movie history, as he became the only man to ever win three lead actor statuettes. "Lincoln" won one other prize, for production design.


The song-and-dance heavy ceremony, hosted by Seth MacFarlane, hewed closely to a traditional awards show script, but there were several surprises. First Lady Michelle Obama, who joined the ABC telecast from the White House, announced "Argo" as the best picture. And the ceremony featured only the sixth tie in Oscar history and the first since 1994, with the sound editing award split between "Zero Dark Thirty" and "Skyfall." For the first time in Oscar history, six best picture nominees were $100-million blockbusters.


The ceremony was billed as a tribute to music in film, and boasted a number of extravagant musical numbers — including a medley of songs from movie musicals and an appearance by Barbra Streisand, who sang "The Way We Were." The telecast also paid homage to the long running James Bond series, with Adele singing the theme from "Skyfall" and Dame Shirley Bassey performing the theme from 1964's "Goldfinger."


Oscars 2013: Nominee list | Red carpet | Highlights


Jennifer Lawrence, 22, nabbed the lead actress prize for her role as an emotionally unstable widow in "Silver Linings Playbook" — and promptly tripped over her long dress walking up the stairs to accept her statuette. The crowd quickly gave her a standing ovation. "You guys are just standing up because you feel bad that I fell and that's embarrassing," Lawrence said to the applauding crowd at the Dolby Theatre.


The evening's very first award — for supporting actor — was a shocker, with long shot Christoph Waltz winning for his role as bounty hunter Dr. King Schultz in Quentin Tarantino's "Django Unchained" over favored contenders Robert De Niro ("Silver Linings Playbook") and Tommy Lee Jones ("Lincoln"). Waltz, who won the same award three years ago for Tarantino's "Inglourious Basterds," dedicated his prize to his writer-director, who also won the Oscar for original screenplay. "We participated in a hero's journey — the hero being Quentin," Waltz said.


Tarantino pulled off a mild surprise with the screenplay triumph for his slave-revenge tale. He dedicated his award to his eclectic cast of actors. "I actually think if people know my movies 30-50 years from now it's because of the characters I create," Tarantino said.


Anne Hathaway's supporting actress win for her emotionally raw portrayal of a doomed seamstress in "Les Misérables" was hardly as startling. The 30-year-old had been the odds-on favorite to win since the film first screened for members of the Motion Picture Academy in late November. "It came true," she stage-whispered as she picked up her trophy for her performance, the centerpiece of which is the lament "I Dreamed a Dream."


Oscars 2013: Backstage | Quotes | Best & Worst moments


Some of the evening's wins were bittersweet.


The animated feature Oscar was shared by "Brave" directors Mark Andrews and Brenda Chapman, an unusual pairing given that Chapman was fired from the Pixar Animation Studios film and replaced by Andrews in the middle of production. "Making these are a struggle — it's a battle, it's a war," Andrews said backstage. "I was very happy it was him who took my place," Chapman said.


Rhythm & Hues Studios, the company behind "Life of Pi's" visual effects win, recently filed for bankruptcy and laid off hundreds of its employees. As Oscar winner Bill Westenhofer addressed the situation in his acceptance speech, he ran over time and the theme from "Jaws" began to play him off the stage. His microphone was cut off just as he said the words "I urge you all…"


William Goldenberg was a double nominee in the film editing category — he worked on both "Argo" and "Zero Dark Thirty" — and won the prize for Affleck's CIA drama.


"Working at my father's deli, I had to do a million things at one time," Goldenberg said backstage about the best training for his job. "It really does prepare you for the multitasking it takes to be in an editing room."





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The Onion apologizes for 'crude' actress tweet


NEW YORK (AP) — The Onion is apologizing for calling the 9-year-old star of "Beasts of the Southern Wild" a vulgar and offensive name on Twitter, an attack that led to a firestorm online.


The satirical newspaper on Sunday referred to Quvenzhane Wallis with an expletive intended to denigrate women. The Onion was lambasted overnight and asked for forgiveness Monday.


"It was crude and offensive — not to mention inconsistent with The Onion's commitment to parody and satire, however biting," The Onion CEO Steve Hannah wrote on Facebook. "No person should be subjected to such a senseless, humorless comment masquerading as satire."


Hannah said the offensive tweet was taken down within an hour and the newspaper has "instituted new and tighter Twitter procedures" to ensure it will never happen again. Those responsible would be disciplined, he added.


"Miss Wallis, you are young and talented and deserve better. All of us at The Onion are deeply sorry," the message concluded.


A message sent to Quvenzhane's representative seeking comment wasn't immediately returned Monday. She was the youngest-ever actress nominee at the Academy Awards.


The Onion's original tweet brought some calls for the fake news organization to publicly identify the writer of the tweet, vows to refuse to retweet its material, and requests from outraged consumers to email The Onion to complain.


Oscar host Seth MacFarlane also joked about the young star during the ceremony. Some found the quip offensive, albeit not to the degree of the outrage over The Onion's tweet. MacFarlane joked that "it'll be 16 years before she's too old for" George Clooney.


It wasn't the first time The Onion has gotten into hot water for trying to push its humor. Last year, the site attracted public ire for an image that showed an airliner about to crash into Chicago's Willis Tower. Despite an outcry, the Onion's marketing director refused to back down.


Last year, the joke site made international headlines when the online version of China's Communist Party newspaper hailed an Onion report naming North Korean dictator Kim Jong Un as the "Sexiest Man Alive" — apparently unaware it was satire.


In 2011, Washington Capitol Police released a statement refuting tweets and an article claiming members of Congress had taken a group of schoolchildren hostage. It included a doctored picture of Republican House of Representatives Speaker John Boehner holding a gun to a child's head.


The Chicago-based publication was founded in 1988 by two students in Madison from the University of Wisconsin. Starting as a local college newspaper, it became a national comedy institution and went online in 1996, and has since developed a television news parody.


The publication is distributed weekly in cities, but it has also embraced Twitter and has an app for the iPad and other tablets. It says it averages 40 million page views and roughly 7.5 million unique visitors per month.


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Recipes for Health: Root Vegetable Sweetness — Recipes for Health


Andrew Scrivani for The New York Times







Last week I got a Facebook message from a Recipes for Health fan that said: “Help! Drowning in pounds of root vegetables from CSA…would love recipes for sweet potatoes, yellow potatoes, and carrots…” Since root vegetables and tubers keep well and can be cooked up into something delicious even after they have begun to go limp in the refrigerator, this week’s Recipes for Health should be useful. Root vegetables, tubers (potatoes and sweet potatoes, which are called yams by most vendors – I mean the ones with dark orange flesh), winter squash and cabbages are the only local vegetables available during the winter months in colder regions, so these recipes will be timely for many readers.




Roasting is a good place to begin with most root vegetables. They sweeten as they caramelize in a hot oven. I roasted baby carrots and thick red scallions (they may have been baby onions; I didn’t get the information from the farmer, I just bought them because they were lush and pretty) together and seasoned them with fresh thyme leaves, then sprinkled them with chopped toasted hazelnuts. I also roasted a medley of potatoes, including sweet potatoes, after tossing them with olive oil and sage, and got a wonderful range of colors, textures and tastes ranging from sweet to savory.


Sweet winter vegetables also pair well with spicy seasonings. I like to combine sweet potatoes and chipotle peppers, and this time in a hearty lentil stew that we enjoyed all week.


Spicy Lentil and Sweet Potato Stew With Chipotles


The sweetness of the sweet potatoes infuses this Mexican-inspired lentil dish along with the heat of the chipotles, which also have a certain sweetness as well because of the adobo sauce they are packed in. The combination, with the savory lentils, is a winner.


1 tablespoon extra virgin olive oil


1 medium onion, chopped


2 garlic cloves, minced


Salt to taste


2 teaspoons cumin seeds, lightly toasted and ground


2 medium carrots, diced


1 1/2 cups brown or green lentils, rinsed


6 cups water


2 medium-size sweet potatoes (aka yams, with dark orange flesh, 1 to 1 1/4 pounds), peeled and cut in large dice


1 to 2 chipotles in adobo, seeded and chopped (to taste)


2 tablespoons tomato paste


1 bay leaf


1/4 cup chopped fresh cilantro or parsley (to taste)


Lime wedges for serving


1. Heat the olive oil over medium heat in a large, heavy soup pot or Dutch oven and add the onion. Cook, stirring often, until it softens, about 5 minutes, and add the garlic and a generous pinch of salt. Cook, stirring, until the garlic smells fragrant, about 30 seconds, and add the ground cumin seeds and carrots. Stir together for a minute, then add the lentils, water, sweet potatoes, chipotles, tomato paste, salt to taste and the bay leaf. Bring to a boil, reduce the heat, cover and simmer 40 to 45 minutes, until the lentils and sweet potatoes are tender and the broth fragrant. Taste and adjust seasoning. Stir in the cilantro or parsley, simmer for another minute, and serve, passing lime wedges so diners can season their lentils with a squeeze of lime juice if desired.


Yield: Serves 6 to 8


Advance preparation: This will be good for three or four days but it will thicken as the lentils continue to swell. If you want to thin it out, add water or stock.


Nutritional information per serving (6 servings): 320 calories; 3 grams fat; 0 grams saturated fat; 0 grams polyunsaturated fat; 2 grams monounsaturated fat; 0 milligrams cholesterol; 59 grams carbohydrates; 11 grams dietary fiber; 119 milligrams sodium (does not include salt to taste); 19 grams protein


Nutritional information per serving (8 servings): 240 calories; 2 grams fat; 0 grams saturated fat; 0 grams polyunsaturated fat; 1 gram monounsaturated fat; 0 milligrams cholesterol; 44 grams carbohydrates; 9 grams dietary fiber; 89 milligrams sodium (does not include salt to taste); 14 grams protein


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


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GM will roll out 4G LTE-embedded cars, trucks, SUVs in 2014


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Oscars stage manager braces for his final cues to the stars









He delivered a forgotten harmonica to Stevie Wonder onstage at the Grammy Awards, supplied a shoulder to lean on for a post-hip-surgery Gregory Peck at the Oscars and served as a human Xanax for hundreds of other stars in the most terrifying and exhilarating moments of their careers.


Stage manager Dency Nelson, 61, works behind the scenes at the Oscars, plus at times the Grammys, Screen Actors Guild Awards, Teen Choice Awards, MTV Movie Awards and other shows. This year will mark his 25th — and last, he said — Academy Awards, as he plans to retire from one of show business' least known but most stressful gigs.


An anonymous but critical piece of the Hollywood awards season machinery, stage managers like Nelson control the chaos of the live TV broadcast — they deliver the correct winning envelopes, ensure that the pop-up microphone actually pops up and, most delicately, orchestrate the flow of talent through the stage wings.








Oscars 2013: Nominee list | Ballot | Trivia | Timeline


An avuncular former hippie with twinkling green eyes, a silver earring and a scruffy, salt-and-pepper beard, Nelson is stationed in the stage-right wings, a hot spot where most of the Oscar telecast's jittery presenters enter and elated winners exit.


"It's like air traffic control," he said one recent afternoon at the Dolby Theatre at the Hollywood & Highland Center, where he was preparing for Sunday's show. "Ninety percent of the people in the room don't know my name, but when they round the corner and come into the wings there's a smile, 'Oh, that guy.'"


Even seasoned performers rely on stage managers for assurance in the unforgiving medium of live TV, and backstage figures like Nelson develop a rapport with stars they see at multiple shows.


Last year, before Meryl Streep stepped onto the Oscar stage to present an award, she reviewed her script, smoothed her gown and cast a tentative glance at Nelson. "You'll push me out when it's time?" she asked. He gently led the actress by the arm to the edge of the curtain, sending her off to face an audience of 40 million.


An hour later, after winning lead actress for "The Iron Lady," the first person an emotional Streep saw was Nelson, with a chair and a welcome water bottle.


"Dency's businesslike, but he makes people comfortable," said American Film Institute founder George Stevens Jr., who met him when the recent college grad was lugging heavy film reels for the L.A.-based nonprofit. Charmed by the young man's work ethic, nearly four decades later Stevens still hires him to stage-manage the "Kennedy Center Honors" and "Christmas in Washington" shows every year.


Many of the approximately 500-person backstage crew at the Oscars have been performers themselves, including head stage manager Gary Natoli (Nelson's boss) and a stage manager who specializes in talent, Valdez Flagg, both former actors and dancers.


TIMELINE: Academy Award winners


According to guild minimums, the stage managers must make at least $746 for a 12-hour day, and many work other steady jobs. Thanks to the proliferation of performance-based reality shows such as "American Idol" and "The Voice," there's a lot of work available for the specialized group who know how to do it.


Nelson has stage-managed the game show "Let's Make a Deal" and the syndicated variety program "The Wayne Brady Show."


"Anyone can do this job as long as nothing goes wrong," said Flagg. "If you can't go with the flow, you won't last. You'll freak out."


The year Wonder forgot his harmonica, for instance, the Grammys crew had to think quickly — how do you subtly signal a blind man? Ultimately, Nelson asked the director to frame a tight shot on the singer's face while he sneaked up from below and tugged on Wonder's pant-leg. At the Emmys, when an impostor tried to walk off with "Hill Street Blues" star Betty Thomas' trophy, Nelson skidded on stage with another.


And then there's that other occupational hazard: jerks. "People are just nervous in some cases and take it out on you," Nelson said with a shrug.


This year's Oscar telecast is a particularly taxing one for the stage crew, with many singing and dancing casts to maneuver. The consequences of a missed cue can be dire — at several points in the show, 34.5-foot lifts built into the stage floor will open to move scenery pieces.


Nelson, who grew up in Menlo Park the son of an Army auditor, originally wanted to be an actor. As a child he hosted the Andy Williams Christmas show by himself in front of the Christmas tree, with a toilet paper roll as a microphone.


After graduating from UC Santa Cruz with a degree in theater, he took a job as a driver and mail clerk for AFI and worked behind the scenes as "the guy who guarded the doughnuts" for the 1970s soap opera parody "Mary Hartman, Mary Hartman" and a cue card man for "Saturday Night Live" and David Letterman.


Play-at-home ballot: Have you made your picks yet?



Along the way he continued to act in commercials, basement theaters and tiny walk-on roles (in Woody Allen's "Manhattan," you can see Nelson stride across Park Avenue carrying an attaché case). "I wasn't really getting anywhere," he said. "I just saw my actor colleagues, their talent, and saw I'm not that."


The frustrated performance experience, however, gives Nelson a nuanced understanding of what the people he's pushing into the lights on Oscar night are feeling. "There have been plenty of times where I have held a trembling hand and smiled," he said. "I so admire anyone who can do that."


The stage crew prepares with the thoroughness of a military campaign. During rehearsals, Nelson marks his show rundown with different colors of highlighters and pens, noting when he'll send a performer upstage or where a piece of scenery will move. Unlike some younger stage managers, he still uses paper, not an electronic device, for storing his "road map."


In a change this year, six college film students will deliver the trophies onstage, instead of the usual cadre of models who float from show to show. On Wednesday, Nelson was coaching them on the subtle art of statuette distribution.


"Let the kiss and hug happen," he said, his hands stained with red ink from jotting notes on his script, six roles of tape swinging from his belt. "Just linger upstage, let that traffic happen."


At Nelson's first Oscars, before the students were born, Jack Lemmon was the host. Over the years, Nelson said he's noticed an evolution in the awards show scene, as older performers who approached show business with a certain gentility have given way to a more casual and sometimes cruder generation.


"I'm no prude, but there was a certain formality and respect to things," he said. "I'm sorry to see it go, although I understand the financial necessity 'cause it's about the ratings."


A married father of one grown daughter, Nelson lives in Hermosa Beach and is active in Democratic party politics and environmental causes; he helped found a nonprofit devoted to alternative vehicles called Plug in America (he owns two electric cars). Especially engaged in the union to which stage managers belong, the Directors Guild of America, this year he received the guild's Franklin J. Schaffner Award for service.


He said he's retiring to devote more time to his political passions, but he also appears ready to shed the pressures of awards season.


"I don't want to make any mistakes," Nelson said. "The worst is just before the show starts. That's awful. That last hour in the wings.... It's not calm inside. As I am nearing my retirement, I just keep thinking of Jack Nicholson's line in 'Terms of Endearment' ... 'Inches from a clean getaway.'"


Play-at-home ballot: Have you made your picks yet?



rebecca.keegan@latimes.com





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Oscars have clear favorites, wild-card MacFarlane


LOS ANGELES (AP) — Some firsts and other rarities are possible at Sunday night's Academy Awards. But if the Oscars could be just a little less predictable, the show might really be one for the record books.


Ben Affleck's "Argo" looks like it will uniquely claim best picture without a directing nomination, while "Lincoln" filmmaker Steven Spielberg and star Daniel Day-Lewis are favored to join exclusive lists of three-time Oscar winners.


If some longshots came in, the night could produce two more three-time acting winners — Sally Field from "Lincoln" and Robert De Niro for "Silver Linings Playbook."


We could also have the oldest or youngest acting winner ever — 86-year-old "Amour" star Emmanuelle Riva and 9-year-old Quvenzhane (Kwa-VEHN-ja-nay) Wallis of "Beasts of the Southern Wild."


The ABC television broadcast itself could set some fresh highs or lows. Oscar overseers keep talking about pacing and trimming fat from a ceremony that's dragged on interminably, approaching four and a half hours one year. Can they keep it tight and lively enough that viewers don't think about gouging out their eyes around the three-hour mark?


And what about host Seth MacFarlane? He's a classy, low-key guy in person, with an old-fashioned Sinatra-style singing voice that he'll no doubt put to use in a show that's shaping up as a music-heavy, Broadway-style celebration of cinema.


Yet MacFarlane's career is built on pushing the envelope — or crumpling it and tossing it in the trash — as he's tested the boundaries of good taste with such brazen shows as his animated series "Family Guy" and last summer's obscenity-laden blockbuster "Ted," which earned him a songwriting Oscar nomination.


The result could be a fun night for younger, hipper TV audiences that Oscar organizers are courting but a crude awakening for traditionalists who like their Academy Awards to lean more toward the sacred than the profane. Or it could be that MacFarlane makes the most of the thankless task of shepherding the Oscars, striking a nice balance between respecting Hollywood and poking fun at it.


"I think a little bit of that injected into the mix will go a long way, but I do also have to be mindful, in this instance, of not losing the audience that's there every year," MacFarlane said. "It's a different audience from my own, but I do have to be respectful that they will be watching."


So maybe it's an Oscar show that's shaken, but not stirred up too much. That might suit one of the evening's special honorees, British super-spy James Bond, whose adventures will be the subject of a tribute to mark the 50th anniversary of his first big-screen outing in "Dr. No." Adele will perform her Oscar-nominated title tune to last year's Bond tale "Skyfall," while the show features Shirley Bassey, who sang the Bond theme songs for "Goldfinger," ''Diamonds Are Forever" and "Moonraker."


The show presents a salute to movie musicals of the last decade, with "Chicago" Oscar winner Catherine Zeta-Jones and "Dreamgirls" winner Jennifer Hudson joining "Les Miserables" cast members that include best-actor nominee Hugh Jackman, supporting-actress front-runner Anne Hathaway, Russell Crowe, Helena Bonham Carter and Amanda Seyfried.


Oscar producers Craig Zadan and Neil Meron have lined up a bubbly mix of young and old Hollywood as presenters, performers and special guests — from Barbra Streisand, Michael Douglas and Jane Fonda to "Harry Potter" star Daniel Radcliffe, "Twilight" star Kristen Stewart, and Robert Downey Jr. and his superhero colleagues from "The Avengers."


Along with front-runners Day-Lewis as best actor for "Lincoln" and Hathaway as supporting actress for "Les Miserables," the other favorites are Jennifer Lawrence as best actress for "Silver Linings Playbook" and Tommy Lee Jones as supporting actor for "Lincoln."


Day-Lewis would be only the sixth performer to earn three or more Oscars and the first to win three times as best actor. "Lincoln" also could make Spielberg just the fourth filmmaker to win three or more directing trophies.


Affleck's thriller "Argo" is in line for best picture after winning practically every top prize at earlier honors. Hollywood was shocked that Affleck was snubbed for a directing nomination, possibly earning the film some sympathy votes, particularly from actors, who love it when one of their own succeeds behind the camera.


The story of how Hollywood, Canada and the CIA teamed up to rescue six Americans during the Iranian hostage crisis, "Argo" would become just the fourth film in 85 years to claim the top prize without a best-directing nomination and the first since 1989's "Driving Miss Daisy."


The best-picture prize typically ends the Oscar show, but this time, MacFarlane and Kristin Chenoweth will perform a closing number on the Dolby Theatre stage that producers Zadan and Meron called a "'can't miss' moment."


Keeping the wraps on whatever surprises they have in store has been a chore for them and MacFarlane.


"It's been difficult. The press, as you know, is very nosy and sneaky. They're always sniffing around trying to get any advance notice," MacFarlane said. "It's like (expletive) Christmas. Wait till Christmas morning. Don't spoil the surprise."


___


AP Entertainment Writer Sandy Cohen contributed to this report.


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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.






The Texas Tribune

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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Jason Bateman gives Ernest Borgnine's estate a new identity

Markus Canter and Cristie St. James, who share the title luxury properties director at Prudential in Beverly Hills, like Jason Bateman's real estate sense. The actor got privacy, potential and a knoll location for $3 million.









Actor Jason Bateman and his wife, actress Amanda Anka, are dropping anchor in the Beverly Crest area with the purchase of the estate of Ernest Borgnine for $3 million.


The gated country English compound sits on a half-acre knoll. The 6,148-square-foot home features a formal entry hall, a grand staircase, a paneled library, an office, a den, six bedrooms and seven bathrooms. There is a guesthouse and a swimming pool.


Bateman, 44, stars in the comic film "Identity Thief," released this month. He is known to generations of TV viewers for his roles in "Arrested Development" (2003-present) and "Valerie," later retitled "The Hogan Family" (1986-91). Anka, 44, has appeared in "Bones" (2008), "Notes From the Underbelly" (2007) and "Beverly Hills, 90210" (1996).








Borgnine, who died last year at 95, is remembered for his Oscar-winning performance in "Marty" (1955) and his work in the title role as commander of a madcap crew in the sitcom "McHale's Navy" (1962-65). Until 2011 he was the voice of Mermaidman on "SpongeBob SquarePants."


The estate came on the market in October for the first time in 60 years priced at $3.395 million.


Billy Rose, Paul Lester and Aileen Comora of the Agency in Beverly Hills were the listing agents. Richard Ehrlich of Westside Estate Agency represented the buyers.


Where pair spent days of their lives


Soap star Peter Reckell and his wife, singer Kelly Moneymaker, have sold their custom-built, eco-friendly home in Brentwood for $3.35 million.


Before building the 3,345-square-foot house, the couple had the existing home on the site torn down, crated and shipped to Mexico for reuse by Habitat for Humanity. Then they designed and built a three-bedroom, four-bathroom contemporary that uses solar power.


Green elements include a photovoltaic system with battery backup, skylights, recycled glass terrazzo floors with radiant heating, recycled denim and organic cotton insulation, bamboo cabinets and doors, a roof garden and a water reclamation system.


A temperature-controlled wine cave and a recording studio are among other features.


Along with an indoor/outdoor koi pond, a meditation fountain and a solar infinity pool, outdoor amenities include a 16th century East Indian temple that was turned into a pavilion.


"This is my sanctuary," Reckell said. It frames views of the Santa Monica Mountains Conservancy.


Reckell, 57, played Bo Brady on "Days of Our Lives" from 1983 through last year. The show began in 1965. He also appeared in "Knots Landing" (1988-89). He is an avid environmentalist and bikes to work.


Moneymaker, 42, is a former member of the music group Exposé. She was inspired to build an environmentally friendly home because the carpet and other elements in the old house bothered her allergies and affected her voice.


Public records show they bought the property in 2003 for $1.14 million.


Daniel Banchik of Prudential's West Hollywood office was the listing agent. Scott Segall of John Aaroe Group represented the buyer.


Another rock owner for home


Hard Rock Cafe co-founder Peter Morton has made his mark on L.A.'s real estate scene of late, buying the old Elvis Presley estate in Beverly Hills at year-end for $9.8 million.


But flying under the radar was his bigger off-market purchase midyear for a property in Bel-Air at $25 million, public records show. Area real estate agents not involved in the transaction say Morton plans to take down the existing home and build another on the site. The estate had belonged to Joseph Farrell, who founded National Research Group Inc. in 1978 and brought market testing to Hollywood. Farrell died in December 2011.





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Athletes cash in on California's workers' comp









SACRAMENTO — In his seven-year career with the Denver Broncos, running back Terrell Davis, a former Super Bowl Most Valuable Player, dazzled fans with his speed and elusiveness.


At the end of his rookie year in 1995, he signed a $6.8-million, five-year contract. Off the field he endorsed Campbell's soup. And when he hung up his cleats, he reported for the National Football League Network and appeared in movies and TV shows.


So it may surprise Californians to find out that in 2011, Davis got a $199,000 injury settlement from a California workers' compensation court for injuries related to football. This came despite the fact Davis was employed by a Colorado team and played just nine times in California during an 88-game career, according to the NFL.





Davis was compensated for the lifelong effects of multiple injuries to the head, arms, trunk, legs and general body, according to California workers' compensation records.


He is not alone.


Over the last three decades, California's workers' compensation system has awarded millions of dollars in benefits for job-related injuries to thousands of professional athletes. The vast majority worked for out-of-state teams; some played as little as one game in the Golden State.


All states allow professional athletes to claim workers' compensation payments for specific job-related injuries — such as a busted knee, torn tendon or ruptured spinal disc — that happened within their borders. But California is one of the few that provides additional payments for the cumulative effect of injuries that occur over years of playing.


A growing roster of athletes are using this provision in California law to claim benefits. Since the early 1980s, an estimated $747 million has been paid out to about 4,500 players, according to an August study commissioned by major professional sports leagues. California taxpayers are not on the hook for these payments. Workers' compensation is an employer-funded program.


Now a major battle is brewing in Sacramento to make out-of-state players ineligible for these benefits, which are paid by the leagues and their insurers. They have hired consultants and lobbyists and expect to unveil legislation next week that would halt the practice.


"The system is completely out of whack right now," said Jeff Gewirtz, vice president of the Brooklyn Nets — formerly the New Jersey Nets — of the National Basketball Assn.


Major retired stars who scored six-figure California workers' compensation benefits include Moses Malone, a three-time NBA most valuable player with the Houston Rockets, Philadelphia 76ers and other teams. He was awarded $155,000. Pro Football Hall of Fame wide receiver Michael Irvin, formerly with the Dallas Cowboys, received $249,000. The benefits usually are calculated as lump-sum payments but sometimes are accompanied by open-ended agreements to provide lifetime medical services.


Players, their lawyers and their unions plan to mount a political offensive to protect these payouts.


Although the monster salaries of players such as Los Angeles Lakers guard Kobe Bryant and Denver Broncos quarterback Peyton Manning make headlines, few players bring in that kind of money. Most have very short careers. And some, particularly football players, end up with costly, debilitating injuries that haunt them for a lifetime but aren't sufficiently covered by league disability benefits.


Retired pros increasingly are turning to California, not only because of its cumulative benefits but also because there's a longer window to file a claim. The statute of limitations in some states expires in as little as a year or two.


"California is a last resort for a lot of these guys because they've already been cut off in the other states," said Mel Owens, a former Los Angeles Rams linebacker-turned-workers' compensation lawyer who has represented a number of ex-players.


To understand how it works, consider the career of Ernie Conwell. A former tight end for the St. Louis Rams and New Orleans Saints, he was paid $1.6 million for his last season in 2006.


Conwell said that during his 11-year career, he underwent about 18 surgeries, including 11 knee operations. Now 40, he works for the NFL players union and lives in Nashville.


Hobbled by injuries, he filed for workers' compensation in Louisiana and got $181,000 in benefits to cover his last, career-ending knee surgery in 2006, according to the Saints. The team said it also provided $195,000 in injury-related benefits as part of a collective-bargaining agreement with the players union.


But such workers' compensation benefits paid by Louisiana cover only specific injuries. So, to deal with what he expects to be the costs of ongoing health problems that he said affect his arms, legs, muscles, bones and head, Conwell filed for compensation in California and won.


Even though he played only about 20 times in the state over his professional career, he received a $160,000 award from a California workers' compensation judge plus future medical benefits, according to his lawyer. The Saints are appealing the judgment.





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