Thursday, February 2, 2012

US TODAY: Slain border agent's family files $25M claim against U.S.

PHOENIX -- The family of slain Border Patrol Agent Brian Terry filed a $25 million wrongful death claim Wednesday against the federal government, saying he was killed because U.S. investigators allowed murder weapons into the hands of criminals.

Terry died Dec. 14, 2010, when his special-operations unit got into a shootout with border bandits in a remote canyon area near Rio Rico. At the scene, investigators found two AK-47s that were traced back to a gun-smuggling probe by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Congressional investigations and Department of Justice records have since revealed that ATF agents allowed as many as 1,400 guns to be transported into Mexico, and that the AK-47s were purchased by a known firearms trafficker. The so-called "gun-walking" strategy used in Operation Fast and Furious remains the subject of inquiries by Congress and the Department of Justice's inspector general.
In the civil claim, which is a required legal step prior to the filing of a lawsuit, Terry's family says federal agents were not only negligent, but acted "in violation of ATF's own policies and procedures."
"The murder of Agent Terry and other acts of violent crimes were the natural consequence of ATF's decision to let dangerous weapons designed to kill human beings 'walk' into the hands of violent drug-trafficking gangs," says the claim, filed by Phoenix attorneys Patrick McGroder III and Lincoln Combs.
The 65-page document was filed on behalf of Terry's parents, Josie and Kent Terry Sr., as well as surviving siblings. In it, family members criticize federal authorities for attempting to cover up the flawed strategy in Fast and Furious, and its connection with Brian Terry's death.
The claim says family members met in March 2011 with former U.S. Attorney Dennis Burke, who resigned amid the scandal. The claim alleges he incorrectly said that guns found at the scene were from a store in Texas, and that the fatal bullet would never be found even though it was recovered during an autopsy.
"Burke hemmed and hawed, bobbed and weaved, refused to give straight answers, and flat-out lied about when he knew about Brian's death and Operation Fast and Furious," the family alleges.
The claim contains poetry, dozens of family photographs, lyrics from Terry's favorite songs and a detailed account of his life. In explanation of the $25 million demand, it concludes: "The love and companionship of a beloved son, warrior and American hero like Brian is impossible to quantify, but it is worth at least that much."
Wagner also reports for The Arizona Republic.

Miami Herald to occupy a Memphis-owned building

A Memphis-based commercial real estate firm is exchanging one high-profile tenant in Miami for another, from the U.S. Southern Command headquarters to the Miami Herald.
The Miami Herald Media Company has signed a lease for the 158,000-square-foot building SMPO Properties built and opened in Doral in 1997 for $40 million.
The newspaper will move its business and news staffs of more than 700 people 12 miles inland from its longtime headquarters on the Atlantic in Downtown Miami to the affluent Doral suburb.
SMPO, owned by Oscar Seelbinder, built the building. GPA-I, a special-purpose business entity created for the project, took ownership and leased it to the Southern Command until the military moved out last August.
The Southern Command oversees military activity in South and Central America during crisis situations and disasters.
Seelbinder is also a partner in GPA-I with fellow Memphians including Jerry Sklar, an attorney; Ron Sklar, a builder-developer; and John H. Montgomery, who splits his time between Memphis and Chicago.
The Herald had been hunting for a new home. Newspaper publisher McClatchy Co., which owns the Miami Herald, sold the Herald’s seaside headquarters eight months ago for $236 million with the agreement the paper could stay rent-free for up to two years.
The Herald signed a 15-year lease for the two-story office building and nine acres. GPA also sold an adjacent six acres where the Herald will build a 120,000-square-foot production facility.
The Miami Herald lease isn’t the only big deal landed recently by SMPO, which is headquartered at 5858 Ridgeway Center Parkway in East Memphis.
Just before the Herald lease, SMPO completed a deal with the U.S. Department of Agriculture to lease for 20 years a 45,000-square-foot laboratory building in Los Angeles.
“It’s the second-largest lab the USDA will have in the United States,” Seelbinder said. “The value of the lab is more valuable than the property leased to the Herald.”
SMPO was founded in 1984. It’s a comprehensive commercial real estate firm and what Seelbinder describes as a “merchant builder.’’
“You build things and then you sell them,” Seelbinder explained.
It began by building and leasing out post office buildings. SMPO has built more than 150 of them.
But the company also has built a CVS pharmacy, AutoZone stores, four FedEx facilities ranging from 115,000 to 575,000 square feet, and Captain D’s restaurants.
SMPO has sold the vast majority of the nearly 200 properties it has built over the years across 40 states, Seelbinder said.
“We only have a couple left,” he said. “It’s difficult to hold on when people offer prices. In merchant building, you put up property that’s income-producing. In essence, somebody will pay us more than we feel it’s worth and we sell it.”
In addition to developing, SMPO is a commercial real estate broker of government leased and credit-rated tenant transactions. The combined value of its brokered deals over the years exceeds $500 million.
SMPO also manages property, and as SMPO Financial, LLC, it even structures commercial real estate loans of $750,000 to more than $100 million.
Despite its successes and longevity, SMPO doesn’t seem that well known.
“There’s never been an importance placed on being in the public eye,’’ Seelbinder said.
“The primary business we do has more to do with public bids to government, and relationships with credit tenants. It just never has seemed important to have publicity.”

Women’s Tennis: WVU Hosts Pitt and Akron

MORGANTOWN, W. Va. – The West Virginia women’s tennis team will play host to Pitt on Friday at 3 p.m., as well as Akron on Sunday at 12 p.m., with both matches being held at the Ridgeview Racquet Club.
Tina Samara


The Mountaineers enter Friday’s tilt against the Panthers with an 0-3 record, but are coming off a loss to No. 9 Virginia in which coach Tina Samara saw strides in the right direction.

“We took some positives away from our match against a very tough Virginia team,” says Samara. “We competed on Tuesday, and if we bring that same fire to the court this weekend, we like our chances.”

WVU had the opportunity to square off against players from Pitt, who enters the match at 1-1, during the fall season at the Martha Thorn Invitational and the ITA Regionals.

“We saw some of Pitt’s players this fall,” Samara says. “They have some strengths at certain spots, but I definitely think that they are beatable. Again, it comes down to what we do. If we stay within ourselves and do what we are capable of, we will be fine, but that is a big if.”

The Mountaineers lead the all-time series against the Panthers, 29-4.

“We should be coming out with more fire than normal because it is Pitt,” Samara says of the rivalry. “There is a little extra behind it. We made sure the upperclassmen told the younger girls what this match is all about.”

Sunday’s match against Akron (2-0) will present a different difficulty to the Mountaineers, as the Zips come in as a somewhat unfamiliar opponent. WVU did not compete against them in the fall.

“We don’t know a whole lot about Akron,” Samara says. “We have looked over their results, and they look like a pretty solid team.”

Akron won 5-2 over Michigan State on Jan. 22 and will enter Sunday’s match having played two matches the day prior.

In order for the Mountaineers to be successful in both matches this weekend, junior Emily Mathis will need to continue her strong play in the No. 1 singles and No. 1 doubles spot.

“I am not worried Emily,” Samara says. “She will go out and do her best. She will fight hard and do what she does to get wins.”

A full recap of both matches will be available on MSNsportsNET.com after the completion of competition.

Spoonhour remembered as basketball 'pied piper'

His college basketball teams won 373 games and, with high school and junior college, the total was just short of 700.
But what Charlie Spoonhour really had wanted to do growing up in Rogers, Ark., was to play second base for the Cardinals.
Spoonhour, the former Missouri State and St. Louis University coach who died at age 72 in Chapel Hill, N. C., Wednesday after battling a lung affliction for two years, was a Cardinals fan his entire life. He regularly would come to spring training in either St. Petersburg, Fla., or Jupiter, Fla., after whatever team he was coaching had been eliminated from postseason play.
Once, after his University of Nevada-Las Vegas club had lost at South Carolina in the NIT, he bolted immediately to the airport, flew to Atlanta, spent the wee hours in the airport there and arrived in Jupiter well ahead of his luggage, wearing only his Runnin' Rebels warmup jacket and the same pants he had sported at the game.
Another time, Cardinals manager Joe Torre suited Spoonhour up for an exhibition game and had him sit on the bench next to him. He even let Spoonhour try to flash the squeeze sign to the third-base coach although by the time "Spoon" had gone through his gyrations, everybody on both sides knew what was up.
"He loved baseball," said Henry Iba Jr., perhaps Spoonhour's best coaching friend. "If that wasn't his first love, it was his second, as far as sports."
Spoonhour had been in and out of the Duke University Medical Center for the past couple of years after getting a lung transplant there in 2010. He had been diagnosed with idiopathic pulmonary fibrosis — a scarring of the lungs.
There had been plans to replace Spoonhour's other lung but there were too many complications from the first surgery and his body never was strong enough to endure another procedure. Spoonhour, whose weight had dropped to 110 pounds, was brought home to hospice care in Chapel Hill, on Tuesday.
"It was peaceful," said his wife, Vicki, who was at his side with other members of his family. "It was better than being in the hospital."
Testimonials from all over the country poured in Wednesday and a couple of hundred spoons were stuck in the ground at a SLU quadrangle in honor of Spoonhour.
When his teams were filling the old Arena in the mid-1990s at 17,000 a night, the sign everyone wanted to see at the end of the game was the one which said, "Stick a Spoon in 'Em. They're Done."
As much as Spoonhour loved both basketball and baseball players, friends loved him as much, if not more.
"I don't think you can think of anybody who disliked Charlie," said Iba, who had Spoonhour on his staff as an assistant at Nebraska from 1981-83 before Spoonhour got his first head coaching job at Southwest Missouri State the next season.
Larry Garrett, Spoonhour's longtime friend from Rogers, Ark., said, "there have been at least 12 people who have said Charlie was their best friend. You don't hear of that very often."
At Southwest Missouri (now Missouri State), Spoonhour's teams were 197-81 with five NCAA appearances. At SLU, Spoonhour compiled a 122-90 mark with three NCAA appearances.
He finished his coaching career at UNLV from 2001-04 with a 57-31 mark before retiring with a heart issue.
Scott Highmark, a star in the mid-1990s under Spoonhour at St. Louis U., said, "Coach Spoon always wanted us to have fun. When he came here, the tone was pretty negative. But he said to (Erwin) Claggett and me, 'We're just going to have fun. This is not like life and death.'
"He was like a pied piper. People would come to a game just to see Charlie Spoonhour coach. Who does that?
"He just had a way of connecting with people better than anyone I've ever been around. The wins and losses were great. But it was more the human being. He just drew people to him. ... He was one of a kind."
West Virginia coach Bob Huggins knows that. Huggins, one of Spoonhour's closest friends in the business, got to know Spoonhour best when the former coached at the University of Cincinnati and Spoon was at SLU.
"Guys in our profession know that it's gone well beyond what it used to be," said Huggins. "Guys were friends and you had dinner the night before a game. It always happened with us. We always got together the night before a game and sometimes afterwards."
Huggins' favorite story concerning Spoonhour took place in March 1995 at Milwaukee, site of the Great Midwest Conference tournament. All the teams were staying at the same hotel.
"We're getting ready to play DePaul and (coach) Joey Meyer," Huggins said, "and he calls me and says, 'Come up here (to his room). I said that I was watching DePaul tape. And he says, 'Then you're not as smart as you think you are. You've already played them two times.'
"So I go upstairs and sit around and do what we always do (12-ouncers were involved). We both win and the next night we're getting ready to play Memphis and he's playing Marquette. He calls me and says, 'Junior (his nickname for Huggins), I believe it's your night to host.' I was watching Memphis tape but I said, 'All right, come on down.' He was in my room all night.
"We beat Memphis and they beat Marquette and now we're playing each other in the tournament championship. He says, 'Junior, I'm a man of my word. It's my turn. Come on up.' "
After another night together, the two then walked near Lake Michigan the next morning before the game and Huggins and his team repaired for a pregame meal. For one reason or another, Spoonhour had been closed out of his team's meal so, when Huggins saw Spoonhour standing near the door of the restaurant, Huggins invited Spoonhour to eat with his team.
As was his custom with nearly everyone else, the home-spun Spoonhour had Huggins and the Bearcats in stitches. The game ensued and Cincinnati won by two points on a last-second shot. "We slap hands afterward and then Spoon says, 'Well, Junior, it looks like you're hosting tonight,' "Huggins said.
"There was nobody better," Huggins said. "There's never been a better person. He's a really special guy."
For many years, when he wasn't coaching, Spoonhour was an analyst, most often for the Missouri Valley games. In fact, Spoonhour will be among the honorees on March 2 here as he and five others are inducted into the Missouri Valley Conference Hall of Fame.
MVC commissioner Doug Elgin said, "He was very upbeat about that. Right up until the end, he was very excited about coming back here.
"Charlie was unforgettable," Elgin said. "He was a very legendary figure — bigger than life — both as a person and as a coach. And whatever you saw with him wasn't a schtick. He never forgot his roots. He may have moved on to St. Louis and other places but there still was a lot of northwest Arkansas and southwest Missouri down-home-boy in him."
Vicki Spoonhour said Charlie told her in his final hours, "'Don't spend the money on a funeral.' He didn't want all of his friends flying in for a funeral and crying. He said, 'Have a party.'
"He had a lot of friends," Vicki Spoonhour said. "He had 348 contacts on his phone. I think everyone considered him a friend. That says a lot about him."
Services will be private in North Carolina, Vicki Spoonhour said. Spoonhour is survived by sons Jay, head coach at Moberly Area Community College, and Stephen, in addition to five grandchildren.

Cricket: Black Caps lose early wickets


Martin Guptill. Photo / Brett Phibbs
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Martin Guptill. Photo / Brett Phibbs

The Black Caps have lost two early wickets in the first ODI against Zimbabwe at University Oval in Dunedin today.
LIVE SCORING
Nicol was dismissed for a duck in the sixth delivery of the match after edging to Zimbabwe captain Brendan Taylor at first slip off Keegan Meth.
New Zealand skipper Brendon McCullum, batting a three today, then fell in the second over for just three runs when Kyle Jarvis trapped him LBW, leaving the Black Caps at 4 for two.
That introduced Kane Williamson to the crease who joined opener Martin Guptill.
Earlier Taylor won the toss and sent New Zealand into bat.
New Zealand are playing three debutants today with Dean Brownlie, Tom Latham and Andrew Ellis all playing their first ODIs for the Black Caps. Jacob Oram is New Zealand's 12th man.
Zimbabwe won the last clash between the two sides in Bulawayo in November after chasing down a mammoth 328-run target.

New Zealand: Brendon McCullum (c), Martin Guptill, Rob Nicol, Kane Williamson, Tom Latham, Dean Brownlie, Nathan McCullum, Andrew Ellis, Doug Bracewell, Kyle Mills, Tim Southee. 12th man: Jacob Oram.
Zimbabwe: Brendan Taylor (c), Hamilton Mazakadza, Stuart Matsikenyeri, Regis Chakabva, Tatenda Taibu, Malcolm Waller, Elton Chigumbura, Keegan Meth, Shingirai Mazakadza, Ray Price, Kyle Jarvis. 12th man: Tino Mawoyo.
- HERALD ONLINE

Ali's Legendary Trainer Angelo Dundee Dies at 90

n this Jan. 14, 2012, file photo, Muhammad Ali, right, celebrates his 70th birthday next to his longtime trainer Angelo Dundee at a fund raiser for the Muhammad Ali Center in his hometown of Louisville, Ky. (The Muhammad Ali Center/AP Photo)

Celebrated boxing trainer Angelo Dundee, Muhammad Ali's cornerman in his greatest fights, has died at the age of 90.
"Angelo died surrounded by family and friends," his family said in a statement. "He was very happy that he got to celebrate Ali's (70th) birthday earlier this year and also that he got to go to the Hall of Fame.
The genial trainer got to see his old friend, and reminisce about good times. It was almost as if they were together in their prime again, and what a time that was.
Dundee died in his apartment in Tampa, Fla., Wednesday night at the age of 90, and with him a part of boxing died, too.
He was surrounded by his family, said his son, Jimmy, who said the visit with Ali in Louisville, Ky., meant everything to his Dad.
"It was the way he wanted to go," the son said. "He did everything he wanted to do."
Jimmy Dundee said his father was hospitalized for a blood clot last week and was briefly in a rehabilitation facility before returning to his apartment.
"He was coming along good yesterday and then he started to have breathing problems. My wife was with him at the time, thank God, and called and said he can't breathe. We all got over there. All the grandkids were there. He didn't want to go slowly," the son said.
Dundee was the brilliant motivator who worked the corner for Ali in his greatest fights, willed Sugar Ray Leonard to victory in his biggest bout, and coached hundreds of young men in the art of a left jab and an overhand right.
More than that, he was a figure of integrity in a sport that often lacked it.
"To me, he was the greatest ambassador for boxing, the greatest goodwill ambassador in a sport where there's so much animosity and enemies," said Bruce Trampler, the longtime matchmaker who first went to work for Dundee in 1971. "The guy didn't have an enemy in the world."
How could he, when his favorite line was, "It doesn't cost anything more to be nice."
Dundee was best known for being in Ali's corner for almost his entire career, urging him on in his first fight against Sonny Liston through the legendary fights with Joe Frazier and beyond. He was a cornerman, but he was much more, serving as a motivator for fighters not so great and for The Greatest.
Promoter Bob Arum said he had been planning to bring Dundee to Las Vegas for a Feb. 18 charity gala headlined by Ali.
"He was wonderful. He was the whole package," Arum said. "Angelo was the greatest motivator of all time. No matter how bad things were, Angelo always put a positive spin on them. That's what Ali loved so much about him."
Arum credited Dundee with persuading Ali to continue in his third fight against Joe Frazier when Frazier was coming on strong in the "Thrilla in Manilla." Without Dundee, Arum said, Ali may not have had the strength to come back and stop Frazier after the 14th round in what became an iconic fight.
Dundee also worked the corner for Leonard, famously shouting, "You're blowing it, son. You're blowing it" when Leonard fell behind in his 1981 fight with Tommy Hearns — a fight he would rally to win by knockout.
A master motivator and clever corner man, Dundee was regarded as one of the sport's great ambassadors. He was inducted into the International Boxing Hall of Fame in 1992 after a career that spanned six decades, training 15 world champions, including Leonard, George Foreman, Carmen Basilio and Jose Napoles.
"He had a ball. He lived his life and had a great time," Jimmy Dundee said. "He was still working with an amateur kid, a possible Olympic kid, down here. When he walked into a boxing room he still had the brain for it."

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