Hofstra student killed by police during break-in

In this photo copied from the 2010 Sleepy Hollow High School yearbook, high school student Andrea Rubello is shown. Police said Rubello, a junior at Hofstra University in Hempstead, N.Y., was shot and killed Friday, May 17, 2013, during a break-in near the college campus. (AP Photo/Sleepy Hollow High School)

In this photo copied from the 2010 Sleepy Hollow High School yearbook, high school student Andrea Rubello is shown. Police said Rubello, a junior at Hofstra University in Hempstead, N.Y., was shot and killed Friday, May 17, 2013, during a break-in near the college campus. (AP Photo/Sleepy Hollow High School)

The Tarrytown, N.Y., home of the family of Hofstra University student Andrea Rubello is seen on Friday, May 17, 2013. Police say Rubello was shot and killed Friday, May 17, 2013, during a break-in near the college campus in Uniondale, N.Y. (AP Photo/Jim Fitzgerald)

Hofstra University students gather near the house where another student and an armed intruder were killed during an overnight house break-in next to the campus, Friday, May 17, 2013, in Uniondale, N.Y. (AP Photo/ Louis Lanzano)

Officers continue working the scene at the house, left, where a Hofstra University student and an armed intruder were killed during an overnight break-in next to the campus, Friday, May 17, 2013, in Uniondale, N.Y. (AP Photo/ Louis Lanzano)

Officers guard the area leading to the white house, background, where a Hofstra University student and an armed intruder were killed during an overnight house break-in next to the campus, Friday, May 17, 2013, in Uniondale, N.Y. (AP Photo/ Louis Lanzano)

MINEOLA, N.Y. (AP) ? In what police are describing as a crime of opportunity, a wanted man with a criminal history dating nearly 15 years entered a front door that had been left open at a New York home near Hofstra University.

A short time later, the intruder, Dalton Smith, and a 21-year-old college junior, Andrea Rebello, were both dead. The two were killed early Friday by a Nassau County police officer who fired eight shots at the masked man, hitting him seven times but also accidentally hitting Rebello once in the head, Nassau County homicide squad Lt. John Azzata said Saturday.

Smith was holding Rebello in a headlock and pointing a gun at her head before he turned his gun at the officer, Azzata said, prompting the shooting.

"He kept saying, 'I'm going to kill her,' and then he pointed the gun at the police officer," Azzata said.

A loaded 9 mm handgun with a serial number scratched off was found at the scene, police said.

Nassau County Police Commissioner Thomas Dale said he had traveled to Rebello's Tarrytown, N.Y., home to explain to Rebello's parents what happened.

"I felt obligated as a police commissioner and as a parent to inform them as soon as all the forensic results were completed," Dale said.

The veteran police officer, who was not identified, has about 12 years of experience on the Nassau County police force and previously spent several years as a New York City police officer, Dale said.

The officer is currently out on sick leave. He will be the focus of an internal police investigation once the criminal investigation is completed, which is standard police procedure in any officer-involved shooting, the commissioner said.

The shooting came just days before the school's commencement ceremonies, which are scheduled for Sunday.

A university spokeswoman said students will be handed white ribbons to wear in memory of Rebello. The shooting, which took place just steps from campus, has cast a pall over the university community as it geared up for commencement.

Earlier Saturday, police announced that Smith, 30, had been wanted on a parole violation related to a first-degree robbery conviction. A warrant was issued for Smith on April 25 for absconding from parole, police said.

Smith had what police described as "an extensive criminal history," which included arrests for robbery in the first degree in 1999, promoting prison contraband in the second degree in 2000, robbery in the first degree in 2003, assault in the second degree in 2003 and robbery in the second degree in 2003.

Rebello was in the two-story home in Uniondale, N.Y., with her twin sister Jessica, a third woman and a man when Smith, wearing a ski mask, walked into the house through an open front door, Azzata said.

The door was left open after someone had moved a car that was blocking a driveway, Azzata said.

When Smith entered, he demanded valuables and was told they were upstairs, Azzata said.

Smith, apparently unsatisfied with the valuables upstairs, asked if any of the four had a bank account and could withdraw money, Azzata said. The intruder then allowed the unidentified woman to leave and collect money from an ATM, telling her she had only eight minutes to come back with cash before he killed one of her friends, Azzata said.

The woman left for the bank and called 911, according to Azzata.

Minutes later, two police officers arrived at the home and found Rebello's twin sister Jessica running out of the front door and the male guest hiding behind a couch on the first floor, Azzata said.

One of the officers entered the home and encountered Smith holding onto Rebello in a headlock, coming down the stairs, Azzata said. Smith pulled Rebello closer and started moving backward toward a rear door of the house, pointing the gun at her head before eventually threatening the officer, Azzata said.

The Rev. Osvaldo Franklin, who gave Rebello and her twin their first communions, on Saturday night told The Associated Press their mother, Nella, couldn't even speak to him earlier in the day.

"She was so devastated," said Franklin. "She's just crying. We have to pray for Andrea, to pray for Jessica because she needs help."

Franklin said a funeral is scheduled for Wednesday at Teresa of Avila Church in Sleepy Hollow, N.Y., and will be in Portuguese.

"The family's a very good family, they have very good values," he said. "They are a very good, very devoted family."

___

Associated Press writer Jake Pearson in New York contributed to this report.

Associated Press

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With Algeria's president ill, country prepares for new era

Algerian President Abdelaziz Bouteflika, believed to have suffered a stroke, has not made a public appearance in three weeks. The country must now prepare for their first leader from a generation too young to have fought for independence from France.

By Lamine Chikhi and Myra MacDonald,?Reuters / May 19, 2013

Algerian President Abdelaziz Bouteflika leaves a Parliamentary election voting booth in Algiers, in May 2012. Bouteflika, 76, is believed to have suffered a stroke, though his vital organs may have been affected. Algeria must prepare for a new leader from a new generation.

Sidali Djarboub/AP/File

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Three weeks after being rushed to hospital in?Paris, Algerian President?Abdelaziz Bouteflika?has disappeared from sight, leaving behind a country preparing for a successor who for the first time will come from a generation too young to have fought in?Algeria's war of independence against?France.

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In a country run with Soviet-style secrecy, nobody is sure how sick Bouteflika is. But despite an official bulletin last week saying he was recovering from a minor stroke, most believe the 76-year-old must be seriously ill to have disappeared from public view for so long.

France's?Le Point?magazine cited medical sources as saying some of his vital organs had been badly affected. Algerian newspaper editor?Hichem Aboud?said that, according to his sources, Bouteflika - who survived cancer in 2005 - was in a deep coma.

French and Algerian officials declined comment but local media have hinted that the country is preparing for a new era.

The loss of Bouteflika would deprive?Algeria?of the last of the old guard who steered the country from independence in 1962 through civil war against Islamist insurgents in the 1990s to a period of stability funded by vast oil and gas resources.

It would also lead to a bumpy transfer of power before presidential elections due in April 2014 at a time whenAlgeria's neighbours - among them?Mali,?Tunisia?and?Libya?- are facing a revival of Islamist militancy in the region.

Algeria?experienced that militancy in January when gunmen from Al Qaeda in the Islamic Maghreb (AQIM) attacked a gas plant in the south, killing 38 people, including foreign hostages.

But Bouteflika's passing would not plunge?Africa's largest country into crisis.

A paternalistic state apparatus which includes a secretive military-intelligence establishment is trusted to manage the transition by a population too scarred by the 1990s to risk a return to conflict.?Algeria?also has $200 billion in foreign exchange reserves to buy off protesters if needed.

"Algeria?is not based on individuals; it is based on institutions," said one Algerian security expert. "Algeria?will be stable, even with Bouteflika gone."

NO UNREST

In the capital Algiers, a?Mediterranean?city whose elegant French-style apartment blocks with their white paint and blue shutters appear frozen in time, there is little sign of unrest despite anxieties about the president.

Nobody is even sure where Bouteflika is; some say he is still in?France's Val-de-Grace military hospital; others that he has gone to?Switzerland. Aboud, the newspaper editor, said he had already been brought back to?Algeria.

"I don't think there will be instability. There are no actors who could lead such instability," he said. "And Algerians are also tired after 10 years of terrorism (in the 1990s).

Doctors and teachers have been striking to demand better pay and conditions in state health and education. Their demand, however, is not for an overthrow of the system, but for better management than that provided by the current gerontocracy.

And in?Algeria, security forces have learned the lessons from the "Arab spring" protests which swept away dictators in?Tunisia,?Egypt?and?Libya: never antagonise the people.

Typical of that attitude was their response at a doctors' demonstration last week after an over-enthusiastic policeman had clamped the wheels of some illegally parked protesters' cars.

As irate white-coated doctors moved out in to the road, locking traffic, the clamps were quietly removed, leaving the 100-or-so protesters facing nothing more irksome than the unseasonable rain.

The state, say analysts, has learned from its failure to enlist the support of the population when in 1992 it cancelled elections Islamists were poised to win, triggering the civil war in which 200,000 people died. "You have to win the confidence of the population," said?Anis Rahmani, owner of Ennahar television. "Everyone is scared of the people."

In towns in the vast desert south, the state has dealt with unemployment protests by hiring 6,000 policemen. That there is no need for so many was highlighted by a cartoon in the daily El Watan showing a gendarme on a traffic island signalling with his hands to an empty desert.

PREPARING THE GROUND

Algeria's ageing leaders have always conducted their affairs in secrecy, a legacy of their fear of betrayal during the 1954 to 1962 war of independence.

But in what appeared to be an effort to prepare the ground for a transfer of power, the Arabic-language?El Khabarran a front-page photo of Bouteflika on Saturday alongside a headline about the rarely mentioned Article 88 of the constitution under which the leader of the?Senate?would temporarily take over in the event of the death or incapacity of the president.

Others ran front-page photos of Prime Minister Abdelmalek Sellal - a 65-year-old tipped as a likely candidate in the presidential elections - promising economic development.

Born on March 2, 1937, Bouteflika was a protege of Houari Boumedienne, an icon of the independence war who would later become president. As foreign minister in the 1960s, Bouteflika championed the?Non-Aligned Movement, and welcomed among others Cuban revolutionary Che Guevara to?Algeria.

First elected president in 1999, Bouteflika ended the civil war, offering an amnesty to militants who laid down their arms. He won re-election in 2004 and 2009, wresting power from the military through a series of behind-the-scenes battles.

But over the past few years, his age and poor health caught up with him. In a speech in Setif,?eastern Algeria, in May 2012, a frail Bouteflika said it was time for his generation to hand over to new leaders. "For us, it's over," he said.

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IRS officials testify at House hearing

By Michael O'Brien, Political Reporter, NBC News

?

The outgoing head of the IRS blamed ?foolish mistakes? made by employees for the agency?s targeting of conservative groups, denying that partisanship played a role in the controversy.

Steven Miller, the acting commissioner of the IRS who submitted his resignation from that role earlier this week, appeared on Friday before the first Capitol Hill hearing on the revelations that IRS officials had inappropriately singled out conservative groups for extra scrutiny. He apologized for the tax-collecting agency?s actions, but blamed incompetence, rather than political score-settling, for the scandal.

?As acting commissioner I want to apologize on behalf of the IRS for the mistakes that we made and the poor service that we provided,? he said in a brief opening statement.

?I do not believe that partisanship motivated the practices of the people described in the IG report,? Miller added. ?I think that what happened here was that foolish mistakes were made by people who were trying to be efficient in their work.?

House Republicans convened, on Friday, for the first of what?s sure to be many hearings into the actions by taken by IRS officials to single out conservative and Tea Party groups for additional scrutiny.

Miller appeared before the House committee charged with handling taxes on Friday, where he faced pointed questions from Republicans and Democrats alike.

The hearing comes a week after an inspector general?s reports detailing abuses by IRS officials first became public. The revelation that the IRS had targeted conservative groups seeking nonprofit status erupted this week into a major political controversy for President Barack Obama, who publicly denounced the actions of the IRS officials, and pledged to cooperate with Congress in investigating the root cause of the controversy.

?It is just simply unacceptable for there to even be a hint of partisanship or ideology when it comes to the application of our tax laws,? the president said Thursday at the White House.

But the administration?s actions have scarcely satisfied conservatives, who have demanded criminal prosecutions as a result of the controversy, and have suggested that the IRS?s actions might have been a politically motivated effort to target ideological opponents. (The inspector general report found no evidence of external influence on IRS field agents to pursue conservative groups.)

Sen. Marco Rubio, R-Fla., joins The Daily Rundown's Chuck Todd to talk about the IRS scandal. He discusses whether ?the IRS situation hurts chances of passing bipartisan immigration reform, Benghazi, and the gives his opinion on the new Media Shield Law.

Sen. Marco Rubio, R-Fla., who?s seen as possibly having his own presidential ambitions one day, called the IRS fiasco evidence of a ?culture of intimidation? by the Obama administration; House Speaker John Boehner, R-Ohio, accused the administration of ?remarkable arrogance? over the IRS controversy and revelations that the Justice Department seized phone records of Associated Press journalists.

Friday?s hearings before the House Ways and Means Committee will give Republicans a perch to advance many of those attacks on the administration. Along with Miller, J. Russell George, the Treasury?s inspector general for tax administration, will also appear.

?This committee wants the facts, and the American people deserve answers to why they were targeted on the basis of their political beliefs,? Rep. Dave Camp, R-Mich., the chairman of the committee, said following Miller?s resignation on Wednesday. ?The IRS has demonstrated a culture of cover up and has failed time and time again to be completely open and honest with the American people.?

Related stories:

Obama names acting IRS chief, denies knowledge of IRS report

This story was originally published on Fri May 17, 2013 7:43 AM EDT

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With Drones Circling, How Should Lawmakers Respond?

The MQ-8 Fire Scout is an unmanned autonomous helicopter developed by Northrop Grumman for U.S. military. Image courtesy of Dammit, via WikiMedia Commons

Drones come in a variety of shapes, sizes and capabilities that could greatly improve surveillance for law enforcement and public-safety purposes, whether it?s monitoring forest fires or providing reconnaissance for search-and-rescue operations. This technological diversity has served the U.S. military well, but it has a dark side in threats to personal privacy?and makes drones difficult to regulate.

In a subcommittee hearing that could play a crucial role in shaping drone policy?especially given that the technology is so new that current case law provides little guidance?legislators and legal experts gathered on Friday in Washington, D.C., to hash through the matter. They found a lot to disagree about, including whether existing U.S. laws?including the Fourth Amendment?are sufficient to protect privacy, or, assuming more laws are needed, whether the right frameworks should center on types of technologies or types of drone missions.

Congress has given the Federal Aviation Administration until 2015 to come up with rules governing domestic drone use. Fresh thinking is needed because, as Scientific American recently noted in a recent editorial.

The overriding question is the impact of drone use on privacy. Although the U.S. Supreme Court has yet to hear a case specifically involving drone use, plenty of laws already on the books as well as legal precedents can guide drone use, John Villasenor, a nonresident senior fellow at Brookings Institution, said during Friday?s House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations hearing. The Fourth Amendment, for example, protects U.S. residents against unreasonable searches and seizures and requires probable cause for a court to issue a search warrant specific to a given location. Any new laws must consider the legality of a particular drone?s mission rather than the specific technology in use, he added.

Given the speed of technological change, it?s tempting for lawmakers to create frameworks that regulate the use of certain equipment, such as infrared cameras or systems that can keep drones in the air for days at a time without needing to refuel. But doing so would miss the point, said, Gregory McNeal, associate professor at Pepperdine University School of Law. It might be more effective for Congress to craft simple surveillance legislation, not specific to drones, that addresses the duration of a surveillance operation, as opposed to the platform used to do the surveillance. As an aid toward tracking correct usage, Congress could mandate that agencies employing drones catalog and publicly reveal their operations?where, when, drone type and purpose of surveillance, for example.

Aeryon Scout UAV in flight. Image courtesy of Dkroetsch, via WikiMedia Commons.

The American Civil Liberties Union disagreed that existing laws can manage drone use, explaining that potential privacy incursions can?t be compared with other methods of surveillance, particularly when as insect-sized unmanned aerial vehicles (UAVs) could someday act, literally, as a fly on the wall. Although drone use has been limited by cost and capability, this is changing, Christopher Calabrese, legislative counsel at the ACLU?s Washington legislative office, testified. He suggested that any new laws be based on four guiding principles:

1. Following the principle that the accused are innocent until proved guilty, the government should not use drones for widespread surveillance of large areas in the hope of catching some wrongdoing. Instead, drone use should be subject to a warrant targeting a particular person and/or location.
2. Information collected via drones for one purpose should not be used for other purposes and should be destroyed after it is no longer needed.
3. Drones should not carry weapons; a drone does not have to defend itself or to apprehend someone, nor do drone operators necessarily have the training to determine when to use force.
4. Ongoing oversight is crucial and should include feedback from the communities in which that drone is used.

Also discussed was the intersection of drones near private property. A 1989 Supreme Court decision ruled that police may use helicopters to peer into semiprivate areas?say, the backyard of a home?without first obtaining a warrant. Does this give local law enforcement the green light to deploy a fleet of drone helicopters equipped with high-definition and infrared cameras over a particular neighborhood?

Some legislators asserted that citizens have the right to privacy against drones while on their own property. ?If you have private land, you have a reasonable expectation of privacy even from the air,? Rep. Jason Chaffetz (R?Utah) said.

Following this line of thinking, Rep. Louis Gohmert (R-Texas) asked whether any laws prohibit landowners from shooting down drones lingering over their property. Villasenor noted that the landowner would be liable for any injuries resulting from the takedown, but Rep. Frank Sensenbrenner (R?Wisc.) quickly noted that the hearing had run out of time and adjourned before any additional responses could be made to Gohmert?s question.

The debate?s hasty conclusion punctuated the message that the legalities surrounding drone use here are still very much up in the air.

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Samsung Galaxy Tab 3 8.0 allegedly revealed alongside specs

Looks like a Galaxy Note 8 that lots its S Pen

Samsung's continuing its Android tablet push with the Galaxy Tab 3 series, and it looks like there might be an 8-inch variant on the way alongside the current 7-incher. SamMobile obtained the shot you see above, which it claims shows the Samsung Galaxy Tab 3 8.0.

According to a spec sheet released alongside the image, the 8-incher will come in Wifi-only and 3G flavors, and run Android 4.2.2 Jelly Bean on a 1280x800 panel. On the inside, it's supposedly an unnamed 1.5GHz dual-core CPU doing the number-crunching, with 1GB of RAM, 16GB of internal storage and a microSD slot. A 1.3-megapixel front-facing camera and 5-megapixel rear shooter are also listed. The dimensions are also a point of interest, with a thickness of just 6.95mm being reported, potentially making this an extremely thin tablet.

The shot itself appears to be little more than a mock-up, but if accurate it would indicate that the 8-inch Tab 3 is running a the latest version of TouchWiz, and is also lacking the earpiece of its 7-inch counterpart. No release date is reported just yet, but we imagine it'll appear sometime after the 7-inch Tab 3's roll-out, due to take place over the next month.

Source: SamMobile

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Fitbit now syncs to Galaxy S 4, broader Android device support is coming

The state of Fitbit wireless syncing is far from ideal for Android users, but the company's latest step is proof that it's slowly getting better. Today, Fitbit updated its Android app to bring wireless syncing to the Galaxy S 4, which follows a previous update for the Galaxy S III and Galaxy Note II. According to Fitbit's blog, its difficulty in supporting more devices stems from software differences on various Android smartphones, which causes trouble regardless of whether the device includes Bluetooth 4.0. On the upside, just yesterday, the Bluetooth SIG announced that Android will gain support for Bluetooth Smart Ready and Bluetooth Smart devices in the coming months, which Fitbit reckons will solve much of the compatibility issues that it and other device manufacturers have faced. So, if you have a Galaxy S 4, take the opportunity to get syncing your fitness data today -- it won't be long before other Android devices get to join in the fun.

Filed under: Misc, Software, Mobile

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Source: Fitbit

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