Aurora massacre prosecutors lay out case to judge

CENTENNIAL, Colo. Nearly six months after the Colorado movie theater massacre, prosecutors began laying out their case Monday against the former neuroscience graduate student accused in the rampage.




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The Aurora shooting victims



Investigators say James Holmes wore body armor and a gas mask when he tossed two gas canisters and then opened fire during the midnight showing of the Batman movie "The Dark Knight Rises," killing 12 people and wounding dozens.

Whatever details emerge at the preliminary hearing, they will do so in a nation that has changed dramatically since the July 20 attack that pushed the problems of gun violence and mental illness into the forefront before receding.

That debate reignited last month when a gunman killed 20 children and six adults at Sandy Hook Elementary school in Newtown, Conn., spawning calls for better psychiatric care, tougher gun laws and the arming of teachers.

The preliminary hearing, which is expected to last all week, will allow the judge to determine whether the prosecution's case is strong enough to warrant a trial.

CBS News senior legal analyst Andrew Cohen reports the prosecution has a low burden to meet at the hearing, but notes that the proceeding allows the defense an early chance to evaluate the strength of the state's case and to question law enforcement officials.

"It's likely to be dramatic and in many ways heartbreaking," Cohen told CBS Radio News. "The public will hear details for the first time about what police believe went on inside that theater. We could hear 911 tapes. There will likely be photos and video, and Holmes will be at the defense table through it all."

Holmes is charged with more than 160 counts, including murder and attempted murder.

Legal analysts say that evidence appears to be so strong that Holmes may well accept a plea agreement before trial.

In such cases, the preliminary hearing can set the stage for a deal by letting each side assess the other's strengths and weaknesses, said Laurie Levenson, a former federal prosecutor and now a professor at Loyola Law School in Los Angeles.

They "are often the first step to resolving the case, a mini-trial so both sides can see the writing on the wall," she said.

In general, plea agreements help prosecutors avoid costly trials, give the accused a lesser sentence like life in prison rather than the death penalty, and spare the victims and their families from the trauma of going through a lengthy trial.

At this stage, prosecutors must only meet a "probable cause" standard — much lower than the "beyond a reasonable doubt" standard for a guilty verdict, said Mimi Wesson, a professor of law at the University of Colorado Law School.

Many of the survivors and family members of the dead are expected to attend the hearing, and court officials expect an overflow crowd of reporters and spectators.




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Aurora movie theater massacre pre-trial to begin



Chantel Blunk, whose husband, Jonathan Blunk, died in the attack, flew from Reno, Nev., to attend the hearing. She wanted to be there for the late father of their children and the other victims, CBS News correspondent Manuel Bojorquez reports.

"No matter what this guy did to everybody, you know, we're still going there and representing the people that were lost, that were hurt, and that he is not going to win," Blunk told Bojorquez. "You know, it's not about his name or remembering him. It's about the people that were taken away."

The hearing is the first extensive public disclosure of the evidence against Holmes. Three days after the shooting, District Judge William Sylvester forbade attorneys and investigators from discussing the case publicly, and many court documents have been filed under seal.




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Prosecutors: Holmes threatened university prof.






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Psychiatrist who treated Holmes testifies



It took this long to get to the preliminary hearing because lawyers have been debating what physical evidence should be made available to one side or the other, whether a psychiatrist who met with Holmes is barred from testimony by doctor-patient privilege, who was responsible for leaks to the media, and other issues.

Police say Holmes, now 25, had stockpiled weapons, ammunition, explosives and body armor. He was a first-year student in a Ph.D. neuroscience program at the University of Colorado, Denver, but he failed a year-end exam and withdrew in June, authorities have said.

The shootings happened six weeks later.

Federal authorities have said Holmes entered the theater with a ticket and is believed to have propped open a door, slipped out to his car and returned with his weapons. Police arrested him outside the theater shortly after the shootings ended.

Holmes' mental health could be a significant issue — and possibly a contentious one — in the preliminary hearing.

His attorneys have told the judge Holmes is mentally ill, but they have not said whether they plan to employ an insanity defense. He had seen a university psychiatrist, and his lawyers have said he tried to call the psychiatrist nine minutes before the killing began.

Defense lawyers have said they plan to call at least two people, described as "lay witnesses," who could testify about Holmes' mental health. Prosecutors asked Sylvester to block the witnesses, but he refused.

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New Evidence Expected in Colo. Shooter Hearing













Accused movie theater gunman James Holmes was "relaxed" and "detached" when police confronted him just moments after he had allegedly killed 12 people and wounded dozens more in the Aurora, Colo., massacre, a police officer testified today.


A preliminary hearing for Holmes began today in Colorado, with victims and families present. One family member likened attending the hearing to having to "face the devil."


The first two witnesses to take the stand were Aurora police officers who responded to the theater and spotted Holmes standing by his car at the rear of the theater.


Officer Jason Oviatt said he first thought Holmes was a cop because he was wearing a gas mask and helmet, but as he got closer realized he was not an officer and held Holmes at gunpoint.


Holmes allegedly opened fire at the crowded movie theater during a midnight showing of "The Dark Knight Rises" on July 20, 2012. In addition to wearing the body armor and gas mask, Holmes had dyed his hair red.


Click here for full coverage of the Aurora movie theater shooting.


Throughout the search and arrest, Holes was extremely compliant, the officer said.


"He was very, very relaxed," Oviatt said. "These were not normal reactions to anything. He seemed very detached from it all."


Oviatt said Holmes had extremely dilated pupils and smelled badly when he was arrested.






Arapahoe County Sheriff/AP Photo











Aurora, Colorado Gunman: Neuroscience PhD Student Watch Video











'Teen Shaming' Is Latest Online Bullying Trend Watch Video





Officer Aaron Blue testified that Holmes volunteered that he had four guns and that there were "improvised explosive devices" in his apartment and that they would go off if the police triggered them.


Holmes was dressed for the court hearing in a red jumpsuit and has brown hair and a full beard. He did not show any reaction when the officers pointed him out in the courtroom.


This is the most important court hearing in the case so far, essentially a mini-trial as prosecutors present witness testimony and evidence—some never before heard—to outline their case against the former neuroscience student.


The hearing at the Arapahoe County District Court in Centennial, Colo., could last all week. At the end, Judge William Sylvester will decide whether the case will go to trial.


Prosecutors say they will present potentially gruesome photos and videos in addition to 911 calls from the night of the shooting that left 12 people dead and 58 wounded. They will aim to convince the judge that there is enough evidence against Holmes to proceed to a trial.


It is expected that the prosecution's witnesses will include the Aurora police lead detective, first responders, the coroner and a computer forensic specialist.


In an unusual move, defense attorneys may call two witnesses. Last week, the judge ruled that Holmes can call the witnesses to testify on his "mental state," but it is not clear who the witnesses are.


A court-imposed gag order days after the shooting has kept many of the details under wraps, so much of the information could be new to the public.


Hundreds of family members and victims are expected to attend the hearing.


Holmes has been charged with 166 counts of murder, attempted murder, possession of explosives and crime of violence. The district attorney has not decided whether to seek the death penalty, and Holmes' defense team believes Holmes is mentally ill. He has not entered a plea.


One of the attendees will be MaryEllen Hanson, whose great-niece Veronica Moser Sullivan, 6, was killed in the shooting. Veronica's mother Ashley was shot and is now a quadriplegic and suffered a miscarriage.






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Five accused in India rape case charged in court


NEW DELHI (Reuters) - Five men accused of raping and murdering an Indian student were read the charges in a near-empty courtroom on Monday after the judge cleared out lawyers for bickering over whether the men deserved a defense.


The 23-year-old physiotherapy student died two weeks after being gang-raped and beaten on a moving bus in New Delhi, then thrown bleeding onto the street. Protests followed, along with a fierce public debate over police failure to stem rampant violence against women.


With popular anger simmering against the five men and a teenager accused in the case, most lawyers in the district where the trial will be held refuse to represent them.


Before the men arrived for a pre-trial hearing on Monday, heckling broke out in a chamber packed with jostling lawyers, journalists and members of the public after two of the lawyers, Manohar Lal Sharma and V. K. Anand, offered to defend the men.


"We are living in a modern society," declared Lal Sharma, defending his decision. "We all are educated. Every accused, including those in brutal offences like this, has the legal right ... to defend themselves."


One woman lawyer prodded V. K. Anand in the chest, saying: "I'll see how you can represent the accused."


Unable to restore order, presiding magistrate Namrita Aggarwal ordered everyone to leave except the prosecution, and set police to guard the entrance.


She said the trial would now be held behind closed doors because of the sensitivity of the case.


FACES COVERED


Reuters video images showed the men stepping out of a blue police van that brought them from Tihar jail and walking, their faces covered, through a metal detector into the South Delhi court building.


The court was across the street from the cinema where the victim watched a film before she was attacked on her way home.


Aggarwal gave the men copies of the charges, which include murder, rape and abduction, a prosecutor in the case told Reuters.


Police have conducted extensive interrogations and say they have recorded confessions, even though the men have no lawyers.


If the men, most of them from a slum neighborhood, cannot arrange a defense, the court will offer them legal aid before the trial begins.


Two of them, Vinay Sharma and Pawan Gupta, have offered to give evidence against the others - Mukesh Kumar, Ram Singh and Akshay Thakura - possibly in return for a lighter sentence.


Mohan, describing what he called a heinous crime, said: "The five accused persons deserve not less than the death penalty."


The case has sharpened long-standing anger against the government and police for a perceived failure to protect women.


A male friend who was assaulted with the woman on December 16 said on Friday that passers-by left her unclothed and bleeding in the street for almost an hour and that, when police arrived, they spent a long time arguing about where to take them.


The woman lived for two weeks after her attack, dying in a Singapore hospital where she had been taken for treatment.


FAST-TRACK COURT


Aggarwal said the next hearing would be on January 10. The case is due to move later to another, fast-track court set up since the woman was attacked to help reduce a backlog of sex crime cases in Delhi.


Legal experts say the lack of representation for the five men may give grounds for appeal if they are found guilty. Convictions in similar cases have often been overturned years later.


Some legal experts have also warned that previous attempts to fast-track justice in India in some cases led to imperfect convictions that were later challenged.


The sixth member of the group alleged to have lured the student and a male friend into the private bus is under 18 and will be tried in a separate juvenile court.


The government is aiming to lower the age at which teenagers can be tried as adults, acknowledging public anger that the boy will face a maximum three-year sentence.


The victim was identified by a British newspaper at the weekend but Reuters has opted not to name her.


Indian law generally prohibits the identification of victims of sex crimes. The law is intended to protect victims' privacy and keep them out of the glare of media in a country where the social stigma associated with rape can be devastating.


The dead woman's father repeated on Monday that he wanted her identified and said he would be happy to release a photograph of her.


"We don't want to hide her identity. There is no reason for that. The only condition is it should not be misused," he told Reuters.


He said he was confident the trial would be quick and reiterated a call that the perpetrators be hanged.


(Writing by Frank Jack Daniel; Editing by Robert Birsel and Tom Pfeiffer)



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Airbus unveils deal for Indian air refuelling tankers






PARIS: European aircraft manufacturer Airbus said Monday that it has won a tender to supply India with six A330 air refuelling tankers, a deal potentially worth more than US$1.0 billion.

"We are pleased to confirm that we were selected by the Indian government following its tender for air refuelling tankers," said a spokesman for Airbus Military, the group's defence division, while declining to comment on the deal's value, which would have a catalogue price of US$1.25-1.38 billion.

Airbus still has a way to go before it can take a signed contract to the bank however, as the development opened the door to a long process of negotiations between Delhi and the aircraft manufacturer.

As an example, the French company Dassault Aviation was chosen by India in January 2012 to supply 126 Rafale combat jets, but that deal has yet to be finalised.

Airbus had already won a bid to build air refuelling tankers for India moreover, but that deal was cancelled owing to irregularities in the tender process.

This time around, Airbus was competing head-to-head with the Russian group Ilyushin, which has already supplied aircraft to India.

If the Airbus contract with India is finalised, it would mark the sixth country to buy or say it will buy the tankers.

The others are Australia, Britain, France, United Arab Emirates, and Saudi Arabia.

An industry source said that India might need many more than just six of the planes, meanwhile.

The A330 MRTT (multirole tanker transport) can supply two aircraft with fuel at the same time, and in the configuration now being used by the Australian air force, can carry 111 tonnes of fuel, 37 tonnes of material and 270 passengers.

- AFP/jc



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Panasonic joins LG's Smart TV Alliance



LAS VEGAS -- Panasonic has joined LG's Smart TV Alliance which was designed develop and use a single connected platform for televisions from 2013 onward.


The Smart TV alliance was announced by LG in June 2012 in conjunction with Philips (TP Vision) but it has now grown to include Toshiba, Panasonic, and chipmakers such as Qualcomm and IBM.


LG's smart TV interface is arguably one of the best on the market and this agreement goes some way to creating an industry standard platform, which is a boon for customers and developers.


The new platform allows for 3D video, MPEG-DASH support for smoother video streaming and DRM standards for third-party content owners.


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Pelosi: "Not enough" revenue in "fiscal cliff" deal

House Minority Leader Nancy Pelosi, D-Calif., argued that additional revenue must be included in upcoming deficit reduction deals, calling the revenue secured by the "fiscal cliff" deal "significant" but "not enough."

"The President had originally said he wanted $1.6 trillion in revenue," she said on "Face the Nation." "He took it down to 1.2 as a compromise in this legislation. We get $620 billion dollars, very significant, high-end tax, changing the high-end tax rate to 39.6 percent, but that is not enough on the revenue side."

Pelosi declined to go into particulars, saying she was "fairly agnostic" about how to secure more revenue, but implied that closing loopholes and deductions was more likely than revisiting tax rates.

"Put it all on the table and see what is working," she said, identifying the carried interest loophole and oil subsidies as two examples of dubious tax expenditures that may be targeted.

Asked if Democrats are ready to significantly reform entitlement programs to address the deficit, Pelosi said, "We already have," pointing to the Affordable Care Act's $716 billion in Medicare provider cuts.

She replied with a quick "no" when asked whether she supports raising the Medicare eligibility age but signaled that she would be open to additional means testing to reduce Medicare payments to wealthy beneficiaries.

She also seemed disinclined to consider any cost of living adjustment that could reduce Social Security benefit payments, saying, "I do not think we should do anything to Social Security that reduces benefits to the beneficiaries." Tossed around during the "fiscal cliff" negotiations was the idea of "chained" CPI, which would have tied the cost of living adjustment for Social Security to the inflation rate. It ultimately was not included in the final deal.

Asked to respond to House Speaker John Boehner's proposal that Congress should match a debt ceiling hike with commensurate spending cuts, Pelosi said "I don't think these two things should be related."

"I think that we should subject what we spend, every taxpayer dollar, whether it be defense or domestic, to the harshest scrutiny," she said, but argued that has nothing to do with "whether the full faith and credit of the United States of America should be placed in jeopardy."

"The debt ceiling is about spending that has already occurred," Pelosi pointed out. "Right now, we have to pay the bills that have been incurred. And if you want to say 'cut spending for what we do next,' fine, but don't tie it to the debt ceiling."

If Pelosi were president, she said she'd invoke the 14th Amendment, which says the validity of the public debt of the United States "shall not be questioned," to raise the debt ceiling unilaterally.

And she lamented the state of the modern GOP, arguing that Democrats' record of cooperation with President George W. Bush during his two terms was not matched by today's "over-the-edge" GOP.

"I keep saying to my Republican friends, 'Take back your party'," Pelosi said. "This isn't the Grand Old Party that did so many things for America, that commanded so much respect."

"This is really an over-the-edge crowd, that's the way I see it," she said. "The fact is that it is dominated by an element that are anti-government ideologues, and are committed to not cooperating with this president, and it is hard to understand."

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GOP Leader McConnell: 'Tax Issue Is Finished'


Jan 6, 2013 10:19am







abc mitch mcconnell this week jt 130106 wblog Sen. Mitch McConnell: The Tax Issue Is Finished

                                                                                                            (Image Credit: ABC News)


Senate Republican Leader Mitch McConnell. R-Ky., Sunday said he will not accept any new revenue in future deals with congressional Democrats and President Obama.


“The tax issue is finished.  Over. Completed,” McConnell told me on “This Week.” “That’s behind us. Now the question is what are we going to do about the biggest problem confronting our country and that’s our spending addiction.


“We didn’t have this problem because we weren’t taxing enough,” McConnell added.


He blamed Obama and Democrats for waiting to resolve budget issues until the last minute.


Read a transcript of the full interview with Sen. Mitch McConnell HERE.


“Why we end up in these last-minute discussions is beyond me. We need to function,” McConnell said. “I mean, the House of Representatives, for example, passed a budget every year.  They’ve passed appropriation bills.


“The Senate Democratic majority and the president seem to like these last-minute deals.”


McConnell said that the biggest issue facing the country in the next year is the deficit and spending. And he predicted that the issue would occupy the congressional agenda in the first three months of the year, overtaking Obama’s other priorities, including gun control.


“But the biggest problem we have at the moment is spending and debt,” McConnell said. “That’s going to dominate the Congress between now and the end of March.  None of these issues, I think, will have the kind of priority that spending and debt are going to have over the next two or three months.”


On the expected nomination of former Sen. Chuck Hagel, R-Neb., as the secretary of Defense by Obama, McConnell said he would evaluate Hagel’s past statements before determining whether he could support his nomination in the Senate.


“I’m going to take a look at all the things that Chuck has said over the years and review that, and in terms of his qualifications to lead our nation’s military,” McConnell said. “The question we will be answering if he’s the nominee, is do his views make sense for that particular job?  I think he ought to be given a fair hearing, like any other nominee, and he will be.”


McConnell, who in 2008 praised Hagel for his clear voice and stature on foreign policy and national security, now says he will reserve judgment on his possible nomination until after a Senate confirmation hearing.


“I’m going to wait and see how the hearings go and see whether Chuck’s views square with the job he would be nominated to do,” he added.




SHOWS: This Week







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Assad "peace plan" greeted with scorn by foes


BEIRUT (Reuters) - Syrian President Bashar al-Assad rejected peace talks with his enemies on Sunday in a defiant speech that his opponents described as a renewed declaration of war.


Although the speech was billed as the unveiling of a new peace plan, Assad offered no concessions and even appeared to harden many of his positions. He rallied Syrians for "a war to defend the nation" and disparaged the prospect of negotiations.


"We do not reject political dialogue ... but with whom should we hold a dialogue? With extremists who don't believe in any language but killing and terrorism?" Assad asked supporters who packed Damascus Opera House for his first speech since June.


"Should we speak to gangs recruited abroad that follow the orders of foreigners? Should we have official dialogue with a puppet made by the West, which has scripted its lines?"


It was his first public speech to an audience in six months. Since the last, rebels have reached the capital's outskirts.


George Sabra, vice president of the opposition National Coalition, told Reuters the peace plan Assad put at the heart of his speech did "not even deserve to be called an initiative":


"We should see it rather as a declaration that he will continue his war against the Syrian people," he said.


"The appropriate response is to continue to resist this unacceptable regime and for the Free Syrian Army to continue its work in liberating Syria until every inch of land is free."


The speech was seen by many as a response to U.N. mediator Lakhdar Brahimi, who has been meeting U.S. and Russian officials to try to narrow differences between Washington and Moscow over a peace plan. Brahimi also met Assad in Syria late last month.


"Lakhdar Brahimi must feel foolish after that Assad speech, where his diplomacy is dismissed as intolerable intervention," said Rana Kabbani, a Syrian analyst who supports the opposition.


The United States, European Union, Turkey and most Arab states have called on Assad to quit. Russia, which sells arms to and leases a naval base from Syria, says it backs a transition of power but that Assad's departure should not be a precondition for any talks.


REPETITIONS


Assad's foreign foes were scornful and dismissive of the speech: "His remarks are just repetitions of what he's said all along," said Turkish Foreign Minister Ahmet Davutoglu.


"It seems he's locked himself up in a room and only reads the intelligence reports presented to him."


British Foreign Secretary William Hague said "empty promises of reform fool no one". In a Twitter message, he added: "Death, violence and oppression engulfing Syria are of his own making."


EU foreign affairs chief Catherine Ashton said Brussels would "look carefully if there is anything new in the speech, but we maintain our position that Assad has to step aside and allow for a political transition".


The 47-year-old Assad, tall and mustachioed, in a business suit and tie, spoke confidently for about an hour before a crowd of cheering loyalists, who occasionally interrupted him to shout and applaud, at one point raising their fists and chanting: "With blood and soul we sacrifice for you, oh Bashar!"


At the end of the speech, supporters rushed to the stage, mobbing him and shouting: "God, Syria and Bashar is enough!" as a smiling president waved and was escorted from the hall past a backdrop showing a Syrian flag made of pictures of people whom state television described as "martyrs" of the conflict so far.


"We are now in a state of war in every sense of the word," Assad said in the speech, broadcast on Syrian state television. "This war targets Syria using a handful of Syrians and many foreigners. Thus, this is a war to defend the nation."


Independent media are largely barred from Damascus.


Giving the speech in the opera house, in a part of central Damascus that has been hit by rebel attacks, could be intended as a show of strength by a leader whose public appearances have grown rarer as the rebellion has gathered force.


Critics saw irony in the venue: "Assad speech appropriately made in Opera House!" tweeted Rami Khouri, a commentator for Lebanon's Daily Star newspaper. "It was operatic in its other-worldly fantasy, unrelated to realities outside the building."


DEATHS


The United Nations says 60,000 people have been killed in the civil war, the longest and bloodiest of the conflicts to emerge in two years of revolts in Arab states.


Rebels now control much of the north and east of the country, a crescent of suburbs on the outskirts of the capital and the main border crossings with Turkey in the north.


But Assad's forces are still firmly in control of most of the densely populated southwest, the main north-south highway and the Mediterranean coast. The army also holds military bases throughout the country from which its helicopters and jets can strike rebel-held areas with impunity, making it impossible for the insurgents to consolidate their grip on territory they hold.


Assad, an eye doctor, has ruled since 2000, succeeding his late father Hafez, who had seized power in a 1970 coup.


The rebels are drawn mainly from Syria's Sunni Muslim majority, while Assad, a member of the Alawite sect related to Shi'ite Islam, is supported by some members of religious minorities who fear retribution if he falls.


The conflict has heightened confrontation in the Middle East between Shi'ite Iran and Sunni Arab rulers, particularly those in the Gulf who are allied with the West against Tehran.


The plan unveiled in Sunday's speech could hardly have been better designed to ensure its rejection by the opposition. Among its proposals: rebels would first be expected to halt operations before the army would cease fire, a certain non-starter.


Assad also repeatedly emphasized rebel links to al Qaeda and other Sunni Islamist radicals. Washington has also labeled one of the main rebel groups a terrorist organization and says it is linked to the network founded by Osama bin Laden.


Diplomacy has been largely irrelevant so far in the conflict, with Moscow vetoing U.N. resolutions against Assad.


U.N. mediator Brahimi has been trying to bridge the gap, meeting senior U.S. and Russian officials to discuss his own peace proposal, which does not explicitly mention Assad's fate.


National Coalition spokesman Walid Bunni said Assad's speech appeared timed to prevent a breakthrough in those talks, by taking a position that could not be reconciled with diplomacy.


"The talk by Brahimi and others that there could be a type of political solution being worked out has prompted him to come out and tell the others 'I won't accept a solution'," Bunni said, adding that Assad feared any deal would mean his downfall.


(Additional reporting by Suleiman al-Khalidi in Amman, Gulsen Solaker in Ankara and Tim Castle in London; Writing by Peter Graff; Editing by Alastair Macdonald)



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Football: Graham denies Arsenal FA Cup victory






LONDON: Danny Graham poached an 87th-minute equaliser to earn Swansea City a 2-2 draw with Arsenal in an FA Cup third-round tie that finished with a rapid exchange of goals at the Liberty Stadium on Sunday.

Arsenal had fought back from behind to lead through a quick-fire pair of goals from Lukas Podolski and Kieran Gibbs in the last 10 minutes, only for Graham to pounce at the death to take a gripping tie to a replay.

Swansea had led through a 58th-minute effort by Michu, scorer of both goals in a 2-0 win at the Emirates Stadium in December, but Swansea appeared to be heading out until Graham found the roof of the net with three minutes to play.

"We should have won this game," said Arsenal manager Arsene Wenger.

"It's frustrating to concede a goal just like that on a corner, where we couldn't clear the ball before the corner. Even on the corner, we were first to the ball and didn't win the ball.

"We have shown quality and heart and it's quite good if we can repeat that."

Michu began on the bench for Swansea, perhaps with an eye on Wednesday's League Cup semi-final first leg against Chelsea, while Arsenal made three changes and deployed Olivier Giroud as a lone striker.

Arsenal threatened through Aaron Ramsey and Santi Cazorla, but it was Swansea who created the clearest openings in the first half.

Graham extended Arsenal goalkeeper Wojciech Szczesny with a crisp strike in the 13th minute, while former Arsenal trainee Kyle Bartley rattled the crossbar with a header nine minutes before half-time.

Giroud tested Swansea goalkeeper Michel Vorm twice early in the second period, before Michu rose from the dug-out to tip the tie in the hosts' favour.

The Spaniard had only been on the pitch for a minute and 13 seconds when he collected Nathan Dyer's knock-down, lobbed the ball over Per Mertesacker, and then beat Szczesny to claim his 15th goal of the campaign.

Podolski swivelled on a loose ball to level in the 81st minute and Gibbs then slammed in a sumptuous volley from Giroud's chipped pass to put Arsenal ahead two minutes later, but Graham had the final say.

The winners of the replay will face a trip to second-tier Brighton and Hove Albion, who eliminated Newcastle United for the second season in succession on Saturday.

Holders Chelsea will face lower-league opposition in the form of either Southend United or Brentford, while either Fulham or Blackpool will await the victors of the replay between Manchester United and West Ham United.

One of the most evocative ties of the third round takes place later on Sunday, when Liverpool bid to avoid an upset at fifth-tier Mansfield Town.

- AFP/jc



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Dad hires hit men to kill son's video game characters



How much did the assassins cost?



(Credit:
Rendermax/YouTube; screenshot by Chris Matyszczyk/CNET)


Some fathers are overbearing.


Some, however, decide that enforcing parental law requires radical action. Such as hiring an assassin.


It does seem extreme. But a certain Mr. Feng of China might offer mitigating circumstances.



His son was allegedly being terribly disobedient and the assassins were hired merely to murder Feng Jr.'s video game character.


As Kotaku retells it, Feng Jr. was not doing well at school. He also failed to find employment.


However, he reportedly considered himself a video game king.


If you're going to topple a king, you have to chop off his head. So Feng Sr. hired several gamers who were game to kill the king. Virtually, of course.



More Technically Incorrect



The idea was that if these players could continually smite Feng Jr.'s characters, he would get bored, rise from his seat, leave his cocoon, and, you know, get a job.


The tale (which smacks of being slightly tall) has a vaguely uplifting conclusion.


Jr. didn't quit playing. He reportedly turned to dad and said: "I can play or I can not play, it doesn't bother me. I'm not looking for any job -- I want to take some time to find one that suits me."


There is no record of whether they hugged it out or slugged it out.


Dad claims to have been relieved to hear his son's words. But perhaps the assassins still lurk, ready for any incursion by Jr.


Some will consider Dad's actions to have been merely the frustrations of a caring parent.


In my role as life coach to the tech world, I, though, seek progress.


It seems clear to me that Feng Jr. should set up a business in which he offers to assassinate video game characters of kids who aren't doing their homework or getting jobs.


This is clearly a service that has potential.


As a result, he will have a worthwhile job, while remaining the king of gaming. Meanwhile, his dad can proudly tell his friends how much money Jr. is making.


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