Grammys spread the love with 6 top nominees

NASHVILLE, Tenn. (AP) — The Grammy Awards celebrated the diversity of music as six different artists tied for lead nominee — Kanye West, Jay-Z, Frank Ocean, Dan Auerbach of The Black Keys, Mumford & Sons and fun.

Auerbach received five nominations as a member of the Keys and also is up for producer of the year, earning a spot with the others at the top of the list as the Grammy’s primetime television special came to his hometown Wednesday night.

“We’re speechless,” Auerbach said in a statement to The Associated Press from Germany, where he’s on tour with drummer Patrick Carney.

The rockers little resemble any of the other acts at the top of the list. The nominations for Jay-Z and West, two of hip-hop’s most important figures, is a familiar refrain. Each has routinely been at or near the top of the nominations list for the last several years.

Indie pop band fun., a featured performer during the show, aired live from Nashville’s Bridgestone Arena on CBS, rode the success of its anthemic hit “We Are Young” featuring Janelle Monae to sweep of the major categories, earning nods for best new artist, song and record for “We Are Young” and album of the year for “Some Nights.” The band’s producer Jeff Bhasker is up for four nominations.

“When you call your band fun. with a period at the end of the sentence, you set a very high standard for yourself and for fun itself,” Taylor Swift, the concert’s co-host, said in introducing them. “Fortunately this band from New York has lived up to the name in the best possible way.”

R&B singer Ocean, whose mother was in attendance, made a bold social statement earlier this year when he noted he had a same-sex relationship in the liner notes of his new album “channel ORANGE,” and The Recording Academy rewarded him with the major nominations best new artist, record for “Thinkin Bout You” and album of the year.

And British folk-rock band Mumford & Sons, which made an auspicious debut in front of an international audience during the 2011 Grammys, is up for album of the year for “Babel,” one of 2012′s best-selling releases.

Miguel, who helped Ocean shake up the R&B world this year, and jazz great Chick Corea join the Keys with five nominations apiece. Nas and recording engineer Bob Ludwig join Bhasker at four apiece.

There were no major snubs. Most of 2012′s inescapable hits are represented in some way — Gotye’s “Somebody That I Used To Know” is up for record of the year and Carly Rae Jepsen’s “Call Me Maybe” garnered a song of the year nod. Drake, Rihanna and Nashville residents Swift, Kelly Clarkson, Jack White and best new artist nominee Hunter Hayes were among 16 nominees with three nods.

In many ways the nominations reflect a singles-driven year when no album rose to the level of acclaim as Adele’s “21″ or West’s “My Beautiful Dark Twisted Fantasy,” which dominated the Grammys last February.

Rock, relegated to second stage in the era of electronic dance music, made something of a comeback, and young bands are peppered in with the nominees we’ve come to expect each year.

The best new artist category is a great example of this year’s diversity. From the minimalist R&B of Ocean, the pop-influenced sounds of fun. and Hayes, the soulful rock of Alabama Shakes and the Americana swing of The Lumineers, there’s little resemblance between the acts.

“I think people listen to a lot of types of music and Spotify has proven that, and iPod has proven that,” Lumineers member Wes Schultz said. “Radio stations don’t prove that. … Every person in that audience tonight, I saw them freaking out about various artists that have no relationship to each other.”

Alabama Shakes drummer Steve Johnson noted the diversity in the category after the show, then made a surprising statement: “If I were on the other side of the fence, I’d vote Frank Ocean personally.”

The members of fun. were “dorking it up” as they learned about their nominations, lead singer Nate Reuss said, and were especially excited to show up in the album of the year category, which also included Ocean’s major label debut, the Keys’ “El Camino,” Mumford’s “Babel” and White’s “Blunderbuss.”

“It’s been an incredible year in music,” guitarist Jack Antonoff said. “It feels like alternative music is back, looking at album of the year, especially those nominations. We couldn’t be more proud to be in there. … I think when we were sitting in our chairs out there, when we saw Jack White up there, that’s when we really pinched ourselves. We felt so honored to be in the same category.”

The 55th annual Grammy Awards will be held Feb. 10 in Los Angeles. Trophies will be handed out in 81 categories.

The 5-year-old nominations show was held outside Los Angeles for the first time and showcased Music City for its growing role in the music industry. The Bridgestone Arena marked the largest venue the show has been held in and it may have been a dress rehearsal for a chance to host the main awards show sometime in the future.

LL Cool J returned as host, sharing duties with Swift, whose hit song “We Are Never Ever Getting Back Together” earned a nod in the jam-packed record of the year category. She was joined by fun., Gotye, Clarkson’s “Stronger (What Doesn’t Kill You),” The Black Keys‘ “Lonely Boy” and Ocean’s “Thinkin Bout You.”

Song of the year nominees were Ed Sheeran’s “The A Team,” Miguel’s “Adorn,” Jepsen’s “Call Me Maybe,” Clarkson’s “Stronger (What Doesn’t Kill You)” and fun.’s “We Are Young.”

Swift and LL Cool J opened the show by putting together a beat-box version of Swift’s hit “Mean.” Hayes displayed his versatility while announcing the best pop vocal album by singing snippets of each star’s hit song. Maroon 5 played headliner, singing three songs mid-show before finishing off the live broadcast. The group stuck around for an hourlong performance afterward for the crowd in attendance.

Assisted by Monae, fun. reimagined “We Are Young” with orchestral strings as the crowd sang along, Ne-Yo, in wine-colored bowler, kicked things up with a cadre of dancers on his new club-infused song “Let Me Love You.” And the show tipped its hat to Nashville with a salute to Johnny Cash by Dierks Bentley and The Band Perry.

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Well: Running in Reverse

This column appears in the Dec. 9 issue of The New York Times Magazine.

Backward running, also known as reverse or retro running, is not as celebrated as barefoot running and will never be mistaken for the natural way to run. But a small body of science suggests that backward running enables people to avoid or recover from common injuries, burn extra calories, sharpen balance and, not least, mix up their daily routine.

The technique is simple enough. Most of us have done it, at least in a modified, abbreviated form, and probably recently, perhaps hopping back from a curb as a bus went by or pushing away from the oven with a roasting pan in both hands. But training with backward running is different. Biomechanically, it is forward motion’s doppelgänger. In a study published last year, biomechanics researchers at the University of Milan in Italy had a group of runners stride forward and backward at a steady pace along a track equipped with force sensors and cameras.

They found that, as expected, the runners struck the ground near the back of their feet when going forward and rolled onto the front of their feet for takeoff. When they went backward though, they landed near the front of their feet and took off from the heels. They tended to lean slightly forward even when running backward. As a result, their muscles fired differently. In forward running, the muscles and tendons were pulled taut during landing and responded by coiling, a process that creates elastic energy (think rubber bands) that is then released during toe-off. When running backward, muscles and tendons were coiled during landing and stretched at takeoff. The backward runners’ legs didn’t benefit from stored elastic energy. In fact, the researchers found, running backward required nearly 30 percent more energy than running forward at the same speed. But backward running also produced far less hard pounding.

What all of this means, says Giovanni Cavagna, a professor at the University of Milan who led the study, is that reverse running can potentially “improve forward running by allowing greater and safer training.”

It is a particularly attractive option for runners with bad knees. A 2012 study found that backward running causes far less impact to the front of the knees. It also burns more calories at a given pace. In a recent study, active female college students who replaced their exercise with jogging backward for 15 to 45 minutes three times a week for six weeks lost almost 2.5 percent of their body fat.

And it aids in balance training — backward slow walking is sometimes used as a therapy for people with Parkinson’s and is potentially useful for older people, whose balance has grown shaky.

But it has drawbacks, Cavagna says — chiefly that you can’t see where you’re going. “It should be done on a track,” he says, “or by a couple of runners, side by side,” one facing forward.

It should be implemented slowly too, because its unfamiliar motion can cause muscle fatigue. Intersperse a few minutes periodically during your regular routine, Cavagna says. Increase the time you spend backward as it feels comfortable.

The good news for serious runners is that backward does not necessarily mean slow. The best recorded backward five-kilometer race time is 19:31, faster than most of us can hit the finish line with our best foot forward.

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Bill passes to fast-track foreclosure of abandoned properties in Ill.

The Illinois General Assembly passed a bill Wednesday that would fast-track the foreclosure process for abandoned, vacant homes while funding foreclosure prevention efforts throughout the state.

The legislation, which now will be considered by Gov. Pat Quinn, could shrink to 90 to 100 days a residential foreclosure process that can take as long as two years in Illinois. It also would require lenders to pay additional fees to file foreclosure actions, and the estimated $41 million in fees collected annually would be used to fund homeowner foreclosure counseling and prevention efforts.

The measure was passed by the Senate Wednesday and the House Tuesday.

"It empowers communities and municipalities to have the funding necessary to maintain and stabilize communities," said Sen. Jacqueline Collins, D-Chicago, the chief sponsor of the bill in the Senate. "It's the first step to putting some stability in the housing market."

Lenders could ask courts to fast-track foreclosures for abandoned single-family homes and multifamily buildings that have six units or fewer and are not legally occupied by a homeowner or another occupant. The shortened timeline could also apply to homes under construction where no activity has taken place for at least six months and there has been damage to the property. It would not apply to vacant buildings that are secured but are either for sale, part of a probate action or comply with local regulations.
 
"In most neighborhoods, there is still some kind of market," said Adam Gross, director of affordable housing at Business and Professional People for the Public Interest, which helped craft the bill. "It's not a vibrant market, but there's some kind of market. If you have a property that sits vacant for 600 days, whatever neighborhood it is, it's going to be worth a lot less at the end of 600 days than at the beginning of that 600 days. This has the potential to be beneficial in every neighborhood."

In addition to the $50 filing fee charged to lenders in foreclosure actions, the legislation also would require lenders that filed at least 175 foreclosure complaints during the previous calendar year to pay an additional $500 per foreclosure complaint. Those that filed at least 50 to 174 foreclosure actions would pay an extra $250 and those that filed no more than 49 foreclosure actions will be assessed an extra $50 fee.

Seventy percent of the collected fees would be used to help municipalities offset their costs to secure and maintain neglected buildings. Most of the remaining funds would be used to make grants to assist foreclosure prevention programs and housing counseling programs throughout the state.

The bill's proponents estimate that the additional housing counseling funds could benefit 18,000 homeowners annually, while the ability to speed the foreclosure process for abandoned homes by as much as 17 months could save lenders $43,000 to $89,000 per property. Using a conservative estimate of 5,000 foreclosure cases fast-tracked annually, that would generate savings to the financial industry of almost $214 million a year.

Under the bill, Chicago aldermen also would receive notices of foreclosure on properties in their wards.

The bill would take effect June 1.

mepodmolik@tribune.com | Twitter @mepodmolik

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Hamstring strain could sideline Urlacher for season

The Bears have to brace themselves for the possibility of Brian Urlacher missing at least the rest of the regular season.

Multiple sources told the Tribune that Urlacher won't play for the next three games at a minimum after suffering a Grade 2 right hamstring strain during Sunday's 23-17 overtime loss to the Seahawks. An MRI confirmed the severity of Urlacher's injury.

Nick Roach is expected to make his fourth career start at middle linebacker Sunday in place of Urlacher, with Geno Hayes expected to take Roach's usual strong-side linebacker spot.

The Bears (8-4) have four more regular-season games, starting with Sunday's division matchup against the Vikings in Minnesota. Urlacher hopes to recover in time for the playoffs, which start with wild-card weekend games Jan. 5-6.

If the playoffs started today, the Bears would be the fifth seed against the fourth-seeded and NFC East-leading Giants (7-5). To remain in playoff contention, the Bears need to win at least two of their final four games against the Vikings (6-6), Packers (8-4), Cardinals (4-8), and Lions (4-8).

Urlacher's return in a month, however, might be a long shot considering the severity of the injury.

Gus Gialamas, an orthopedic surgeon from Sea View Orthopedic Medical Group in San Clemente, Calif., said a Grade 2 hamstring typically takes four to six weeks of recovery.

"Grade 2 means it's not a complete rupture, but it's a partial rupture,'' Gialamas said. "It takes a while -- maybe a week to 10 days -- for the inflammation to stop. That muscle then has to heal, and then you have a lot of physical therapy for strengthening and stretching. The goal is to avoid as much scar tissue in the hamstring as possible.

"I'm thinking he would be lucky to come back in four weeks, and I wouldn't be surprised if it was longer than that. It's just a tough injury.''

When reached by the Tribune, Urlacher declined to discuss the injury or his playing status. He initially felt a "pop'' while chasing Seahawks quarterback Russell Wilson near the sideline during overtime. Urlacher pulled himself from the game before the final play.

He told WFLD-Ch. 32 this injury isn't as serious as a similar one in preseason of 2004 with which he missed seven games.

"I did that on the first day of training camp and that MRI showed more damaged back then than it did this time," he said.

The eight-time Pro Bowler entered the 2012 season recovering from a serious knee injury. He sprained the medial collateral ligament and partially sprained the posterior cruciate ligament in his left knee during last year's season finale against the Vikings.

Despite sitting out some practices to rest his knee, Urlacher started the first 12 games.

The Bears are 7-15 without Urlacher since he entered the league in 2000.

"He's the leader of our defense,'' defensive tackle Henry Melton said Tuesday. "He's a huge locker room guy. We love having him around. He's what Chicago Bears football is all about.''

Nevertheless, Melton expressed confidence in Roach.

"Nick has been rotating (at middle linebacker in practice) just in case measures called for it,'' Melton said. "It's not going to be the same without Brian, of course. But Nick can get the job done.''

The 34-year-old Urlacher has a base salary of $7.5 million in this, the final year of his contract. He expressed a desire to play at least two more seasons, depending on his health. His says his knee feels better than ever after multiple procedures. Now, it's a matter of how long the hamstring strain lingers.

General manager Phil Emery wouldn't commit to re-signing Urlacher and said any contract offers would be based on performance.

Could Urlacher have played his last game with the Bears?

"I do not think that's going to happen,'' he told Ch. 32. "But, if it does, I have had a really good and long career so I would be sad, but I would not be crushed."

Urlacher has made a statement this season with a team-leading 88 tackles, one interception return for a touchdown, three forced fumbles and two fumble recoveries. He was named the NFC's Defensive Player of the Week following his Week 9 performance against the Titans.

The club re-signed Dom DeCicco to the 53-man roster to take Urlacher's spot, bringing him back three months after he was released with an injury settlement (groin).

DeCicco was second on the team with 17 special-teams tackles as an undrafted free agent from Pitt a year ago. He did play middle linebacker during training camp when Urlacher was sidelined with his knee issue.

vxmcclure@tribune.com

Twitter @vxmcclure23

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HTC, Apple ordered to show which patents were included in their settlement agreement

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Netflix to get Disney films in TV distribution deal

(Reuters) – Walt Disney gave a much needed boost to Netflix, becoming the first major Hollywood studio to use the video service to bypass premium channels like HBO that traditionally controlled the delivery of movies to TV subscribers.

News of the deal, which enables Netflix to stream Disney‘s first-run movies to its subscribers, boosted Netflix shares by 14 percent.

Liberty Media Corp, whose Starz group now distributes Disney movies on TV, fell almost 5 percent.

Investors saw the Netflix-Disney deal as an important endorsement of the DVD rental and streaming service, which has been struggling with slowing subscriber growth and higher costs for content distribution.

Disney movies will be available for streaming on Netflix starting in 2016, after its current deal with Liberty Media‘s pay-TV channel Starz expires. The deal is for both new Disney movies and library content such as “Dumbo” and “Alice in Wonderland.”

“An exclusive deal with Disney differentiates the Netflix content from Hulu Plus and Amazon Instant Video,” said Anthony DiClemente, an analyst with Barclays Capital.

But some analysts worried that Netflix paid too much to get Disney‘s movies. Tony Wible, an analyst with Janney Montgomery Scott, estimated in a report that Netflix paid more than $ 350 million a year for Disney‘s movies and said “we would not be surprised if (Netflix) would need to raise capital”.

By comparison, HBO agreed to pay an estimated $ 200 million annually in its so-called “output,” or movie licensing deal, with 20th Century Fox earlier this year, according to the Los Angeles Times.

The deal gives Netflix streaming rights to movies from Disney‘s live-action and animation studios, including those from Pixar, Marvel, and the recently acquired Lucasfilm. On October 30, Disney announced a $ 4 billion deal to purchase the famed studio founded by George Lucas, which will now make new episodes in the blockbuster “Star Wars” series.

“This deal brings to our subscribers some of the highest quality, most imaginative family films being made today,” Ted Sarandos, Netflix‘s chief content officer, said in a statement. “It’s a leap forward for Internet television.”

DREAMWORKS EXCLUDED

Movies from Steven Spielberg’s DreamWorks Studios are not included in the deal, as that studio distributes its movies through CBS’s Showtime on TV. Disney recently signed a deal to distribute DreamWorks’ films theatrically after the studio’s deal with Viacom’s Paramount Pictures expired.

The deal allows Netflix to stream Disney movies beginning seven to nine months after they appear in theaters, as Starz does now under Disney‘s prior agreement. The deal does not cover DVD rentals of Disney movies.

Disney said in November that it would shut down its own video streaming service, Disney Movies Online, which had failed to catch on with users. A message on the ‘Disney Movies Online’ website said it would shut down on December 31.

Netflix, which started its streaming business with mostly older films, has been moving to add more original programming and produces TV shows such as “Lilyhammer,” which stars “Sopranos” actor Steven Van Zandt as an American gangster who starts a new life in Norway. The company also struck a high-profile deal with actor Kevin Spacey for “House of Cards.”

The Disney pact follows similar deals Netflix has inked for new films with smaller studios, including Relativity Media, The Weinstein company and DreamWorks Animation.

The agreements have saddled Netflix with nearly $ 5 billion in contractual commitments over the next three years for deals its made for streaming content, the company said in a recent quarterly earnings report.

Netflix‘s struggles over the last year, which have included missed subscriber guidance, an ill-fated attempt to split the DVD and streaming operations, and a swooning stock price, recently attracted the attention of billionaire activist investor Carl Icahn.

Icahn disclosed in regulatory filings on October 31 that he had amassed a nearly 10 percent stake in the video company and suggested it should pursue a sale. Netflix responded by adopting a poison pill defense.

Losing Disney’s movies means Starz is left with only Sony Pictures for film content. The pay-TV channel cast the ending of its agreement with Disney as its decision, saying it preferred to use the money for original programming creation.

Liberty Media‘s shares will “rebound,” said Vijay Jayant, an analyst with International Strategy and Investment Group.

“We believe it was Starz‘ decision to remain prudent and walk away from the bidding for Disney content,” ISI said in a report, estimating that it might have cost Starz $ 400 million to keep the movies.

Without that expense, Starz can step up its production of original series such as “Spartacus” and “Magic City,” which ISI said have become more valuable to cable operators anyway.

Netflix shares jumped $ 10.6491, or 14 percent, to $ 86.6491. Liberty Media shares fell $ 5.49, or almost 5 percent, to $ 105.56.

(Reporting By Ronald Grover; Editing by David Gregorio; Editing by Peter Lauria, Tim Dobbyn, David Gregorio and Jeremy Laurence)

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Willis Whitfield, Clean Room Inventor, Dies at 92

The enemy was very small but it was everywhere. World peace, medical advancement, iTunes — all would eventually be threatened.

Half a century ago, as a rapidly changing world sought increasingly smaller mechanical and electrical components and more sanitary hospital conditions, one of the biggest obstacles to progress was air, and the dust and germs it contains.

Stray particles a few microns wide could compromise the integrity of a circuit board of a nuclear weapon. Unchecked bacteria could quickly infect a patient after a seemingly successful operation. Microprocessors, not yet in existence, would have been destroyed by dust. After all, an average cubic foot of air contained three million microscopic particles, and even the best efforts at vacuuming and wiping down a high-tech work space could only reduce the rate to one million.

Then, in 1962, Willis Whitfield invented the clean room.

“People said he was a fraud,” recalled Gilbert V. Herrera, the director of microsystems science and technology at Sandia National Laboratories in Albuquerque. “But he turned out to be right.”

Mr. Whitfield, who worked at Sandia from 1954 to 1984, died on Nov. 12 in Albuquerque. He was 92. The cause was prostate cancer, his wife, Belva, said.

His clean rooms blew air in from the ceiling and sucked it out from the floor. Filters scrubbed the air before it entered the room. Gravity helped particles exit. It might not seem like a complicated concept, but no one had tried it before. The process could completely replace the air in the room 10 times a minute.

Particle detectors in Mr. Whitfield’s clean rooms started showing numbers so low — a thousand times lower than other methods — that some people did not believe the readings, or Mr. Whitfield. He was questioned so much that he began understating the efficiency of his method to keep from shocking people.

“I think Whitfield’s wrong,” a scientist from Bell Labs finally said at a conference where Mr. Whitfield spoke. “It’s actually 10 times better than he’s saying.”

Willis James Whitfield was born in Rosedale, Okla., on Dec. 6, 1919. In addition to his wife, his survivors include his sons, James and Joe; a sister, Amy Blackburn; and a brother, Lawrence.

Mr. Whitfield became fascinated with electronics as a young man and received a two-year degree in the field after high school. He served in the Navy late in World War II, working with experimental electronic systems for aircraft. In 1952, he received a bachelor’s degree in physics and math from Hardin-Simmons University in Abilene, Tex.

By 1954 he was working at Sandia, which was involved in making parts for nuclear weapons and at the time was overseen by the Atomic Energy Commission. Mr. Whitfield’s duties soon included contamination control. By 1960, he had established his basic idea for the clean room.

“I thought about dust particles,” Mr. Whitfield told Time magazine in 1962. “Where are these rascals generated? Where do they go?”

The clean room was patented through Sandia, and the government shared it freely among manufacturers, hospitals and other industries.

Mr. Whitfield’s original clean room was only about six feet high, built as a small, self-contained unit. Some modern electronic devices, including the iPhone, are now built in China in huge clean rooms in structures that are more than a million square feet. Workers wear protective clothing, and other anticontamination methods have been added, but they still depend on Mr. Whitfield’s approach to suck up dust.

“Relative to these electronics, the particles are just massive boulders that would short out all of your electronics and make them not work,” Mr. Herrera said. “The core technology, just the cleaning part, hasn’t really changed a lot.”

Mrs. Whitfield said she was often been asked if her husband was a particularly fastidious man, and she always noted that he tended not to put his shoes away. He did live in a tidy house, though, and colleagues say he never tired of getting out a flashlight and shining it sideways across his coffee table to illuminate the prevalence of tiny dust particles that most people never notice.

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South Loop residents oppose DePaul arena

The prospect of a DePaul University men's basketball arena being constructed on land just north of McCormick Place is drawing strong opposition from the Prairie District Neighborhood Alliance, a South Loop residents' organization, according to a letter released Tuesday.
 
A survey of 700 neighbors of the site, conducted by the community group, found more than 70 percent oppose construction of a Blue Demons arena there, Tina Feldstein, president of the organization, stated in the letter.
 
An arena would not fit within the residential and historic character of the area and could put two landmark structures, the Harriet F. Rees House and the American Book Co. building, at risk, the letter stated. It would also add to traffic congestion and potential rowdiness in an area already overburdened when conventions are in progress at McCormick Place or major events, including Chicago Bears games, are taking place at Soldier Field, Feldstein said in an interview.
 
"We're not against vibrant development, which hotel and retail would bring," Feldstein said. And the group would support an arena at an alternate site on the Near South Side, she said.
 
The letter was written in support of an alternate plan for the so-called "Olde Prairie" blocks, which is being put forward in bankruptcy court by developers Pam Gleichman, Karl Norberg and Gunnar Falk. Their plan calls for hotel and retail development on property directly north of the McCormick Place administrative offices and West Building on Cermak Road.
 
If they lose control of the property, it is expected to go up for auction, making it possible for the Metropolitan Pier and Exposition Authority, the state-city agency that owns McCormick Place, or other parties to make a run at it.
 
DePaul is weighing several sites, including property near McCormick Place and the United Center on the Near West Side. As well, the Allstate Arena in Rosemont is fighting to retain the team.
 
The neighborhood's opposition adds to resistance by Ald. Robert Fioretti, whose 2nd Ward includes McCormick Place.
 "That is not a place to put an arena -- far away from the school," he said. "I think there are traffic issues related, and it would be a bad deal for taxpayers in these economic times."

Fioretti noted such a project likely would require public subsidy.
 
The Olde Prairie blocks have not been officially designated as a potential site for a DePaul arena, but Fioretti said it is his understanding that they are being seriously considered.
 
Jim Reilly, chief executive officer of the exposition authority, known as McPier, has publicly acknowledged that there have been talks with DePaul. A spokeswoman on Tuesday said it would be premature to comment further at this point.

A DePaul spokesperson could not be reached for immediate comment.
 
Chicago Mayor Rahm Emanuel has said he would like DePaul to bring men's basketball back to the city. A spokesman declined comment beyond that.
 kbergen@tribune.com | Twitter @kathy_bergen

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City, bartender ask court to set aside 'code of silence' verdict

Mayor Rahm Emanuel's administration asked a federal judge Monday to set aside a jury verdict in the infamous videotaped beating of a female bartender by an off-duty Chicago police officer — essentially agreeing to pay the woman $850,000 now in return for erasing the jury's finding that a police "code of silence" protected the cop.

The unusual request is an attempt to prevent last month's damaging verdict from being cited by lawyers in other lawsuits against the Police Department. The former bartender filed the motion jointly with the city; she stands to quickly collect the jury award she won without risking the chance of losing on appeal or having the trial judge reduce the amount.

It will be up to U.S. District Judge Amy St. Eve to weigh the interests of the parties involved in the lawsuit against the interest of the public in having the record of the jury's verdict stand. City lawyers said they plan to appear before the judge Monday.

The city battled Karolina Obrycka's lawsuit for five years, arguing that former Officer Anthony Abbate's attack on her, which was caught on security video and eventually went viral on the Internet, was the action of an off-duty officer and not the responsibility of the Chicago Police Department.

As part of her case against the city, Obrycka's lawyers argued that a pattern and practice of covering up police corruption and misconduct exists in the department. Moreover, she argued, Abbate behaved with a sense of impunity because he believed fellow officers would protect him. The jury agreed in its Nov. 13 verdict.

Although the city argued in Monday's court papers that the jury's verdict was "ambiguous" and tied to the peculiar circumstances of the Abbate case, lawyers also wrote that they want the verdict removed from the record because it could influence other lawsuits against the Police Department, of which there are many.

In a statement, Corporation Counsel Stephen Patton said the city reached out to Obrycka after the administration determined it didn't want to appeal the verdict.

"From the city's perspective, vacating the judgment eliminates the risk that the judgment will be misused in a way that hinders the city's ability to defend itself in future cases," Patton said.

The city also argued in the motion that the misconduct in the Abbate case happened several years ago and things are different now. The old Office of Professional Standards, which investigated the Abbate case, was renamed and reconfigured in the wake of the scandal. Also, city lawyers noted that there is a new mayor as well as a different police superintendent.

While the city's effort to erase the jury's verdict would not strike down the record of testimony in the trial, it does pose some risks to the public good, experts said.

"By allowing the kind of agreed-upon whitewash of the jury verdict, it tends to increase the possibility of future bad conduct," said Richard Zitrin, a law professor at the University of California Hastings College of the Law, who has testified before Congress about secret settlements in police misconduct cases.

"The problem is that the lawyer representing the plaintiff has a duty to do what's right for the plaintiff, and that duty does not include a duty to do what's right for the public as a whole."

Obrycka's lawyer, Terry Ekl, did not respond to calls for comment Monday. City officials also did not immediately answer questions about the move.

In the memorandum filed Monday, the city cited some legal precedents supporting the move to vacate the jury verdict. But federal courts have not always agreed with such motions when public misconduct issues are involved.

In a 2000 case in Virginia, after a federal jury found for a plaintiff in a police excessive force lawsuit, both sides filed a motion to vacate the verdict in favor of a settlement. In that case, the judge wrote, "the public's interest in judicial economy, finality of judgment and the integrity of the courts outweighs the parties' interest in having the verdict vacated."

Lawyer Christopher Smith, who has represented several plaintiffs in lawsuits against the Chicago Police Department, said claims of a pattern and practice of coverups are allowed into cases rarely and on narrow terms.

Applying the precedent from the Abbate verdict to other lawsuits is challenging, he said. However, given the circumstances of the case — the fact that Abbate was off-duty and in a bar — the verdict made a strong statement.

Because the jury decided that the department covered up for a drunken off-duty cop attacking somebody in a bar, the case shows "it's so well-known to officers that no matter what we do, we know we're going to get backed up," Smith said. "No matter how far away (the alleged behavior) was from a police action, there's always a police influence if there's a code of silence."

dheinzmann@tribune.com

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$120 tablet that runs both Android and Linux to launch in early 2013

For anyone who has ever used his or her Android tablet and wished that it could double as a desktop-style device, PengPod has a product just for you. Ars Technica reports that the new PengPod tablet, which runs both Android and Linux, has met its crowd-sourced fundraising goals and will so on sale in January for $ 120 a 7-inch model and $ 185 for a 10-inch model. According to Ars, the tablet will be able to “dual-boot Android 4.0 and a version of Linux with the touch-friendly KDE Plasma Active interface.” Overall, the tablet received funding of nearly $ 73,000, or around 49% more than the $ 49,000 that the company had been seeking.

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