Monday, 28 January 2008

New trial to begin for school shooter

LITTLE ROCK, Ark. - Mitchell Johnson, who served time for helping kill five people during an 1998 ambush in a Jonesboro school yard, could only dream of California as he sat handcuffed in the back of a police cruiser on New Year's Day 2007.

Deputies allegedly found two weapons while searching Johnson's vehicle after they said they also found an ounce of marijuana in his pocket. Johnson told authorities he and the other man in the vehicle, Justin Trammell, were moving to Carlsbad, Calif., south of Los Angeles.

Johnson, now 23, was to go on trial Monday in federal court on one count of possession of a firearm while either a user or addicted to a controlled substance. He faces a maximum penalty of 10 years in prison and a $250,000 fine if convicted.

"Honest to God, I'm just trying to get to Cali, man," Johnson told deputies as they searched the loaded-down, 1980s Ford van at a Fayetteville convenience store. The incident was recorded on video.

Johnson and Andrew Golden had been convicted in juvenile court for the 1998 shootings of four classmates and a teacher at Jonesboro Westside Middle School. The pair opened fire on students and teachers after Golden pulled the fire alarm. Johnson was then 13. Golden was 11.

After the traffic stop on Jan. 1, 2007, a state prosecutor later dropped misdemeanor drug and weapons charges at the request of federal officials in a move Johnson's federal public defender, Jack Schisler, has called "unusual."

Washington County prosecutor Brian Lamb said he believed federal prosecutors wanted to charge Johnson with a more serious, felony crime. He said it was the first such request from federal prosecutors he had received.

The school shooting shocked Arkansas. Johnson and Golden stole guns from Golden's grandfather and a van belonging to Johnson's stepfather. They waited in camouflage atop a wooded hill after Golden triggered a fake fire alarm at Jonesboro's Westside Middle School.

The two opened fire as classmates and teachers left the school. Shannon Wright, an English teacher, died while shielding a student from a pair of bullets. Students Natalie Brooks, 11; Paige Herring, 12; Stephanie Johnson, 12; and Britthney Varner, 11, all died of their wounds. The boys wounded another 10 people.

State courts sent them to a juvenile prison until their 18th birthdays. But federal prosecutors swept in before their birthdays, locking them up until they turned 21.

What became of Johnson after his release from prison has been a lingering question in Arkansas. His mother has said that he might become a minister.

Johnson lived in North Carolina and California for a while. He even returned to Jonesboro over Christmas 2006, where Craighead County Sheriff Jack McCann had warned that deputies "couldn't guarantee" the safety of either him or Golden.

He received a silver 9 mm Lorein pistol as a present and practiced "target shooting" near the city.

Video obtained by The Associated Press shows that deputies staked out Mitchell's van after receiving a tip it had 100 pounds of marijuana inside. A second video begins as deputies turned on their emergency lights, stopping the van as it pulls into the convenience store lot. Deputies say Trammell, the driver at the time, had drifted across the center line.

Deputies frisked Johnson, finding a bag he identified as containing an ounce of marijuana. They handcuffed him, placing him in the back of a cruiser.

The video shows he immediately acknowledged the 9 mm pistol tucked into a backpack, later groaning when he forgot about a 20-gauge shotgun inside a camouflage bag.

Only the first 10 minutes of Johnson's time in the back of the police cruiser will be allowed as evidence at his trial. Prosecutors and Johnson's lawyer made the deal because deputies did not read Johnson his Miranda rights — even after he asked at one point if he should hear them for the deputies' "protection."



By JON GAMBRELL, Associated Press Writer

Bush to seek support for his agenda

WASHINGTON - It's about the economy, and the war in Iraq, and other unresolved matters that have kept the nation on edge. But President Bush's State of the Union address on Monday is something else, too: probably his last chance to seize the public's attention and put it to use.

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Bush will pressure Congress — particularly the Senate, where he senses trouble — to finish up an economic stimulus package fast. He will talk of improved security in Iraq and reassert that he decides when U.S. troops will come. He will offer some modest new ideas and recycle others as unfinished business.

The final State of the Union of the Bush presidency will be roughly split between domestic and foreign matters. Expect few surprises and no big initiatives.

To the degree the speech favors the pragmatic over the bold, the White House offers a two-word explanation: Blame Congress.

Bush's efforts to overhaul Social Security and immigration died on Capitol Hill, but not just because of Democratic opposition. He also ran into walls put up by members of his own party. Heading into the speech, White House press secretary Dana Perino said it is unrealistic to expect Congress to take on big problems.

"They haven't been willing to do it in the past several years; there's no reason to think that they would do it this year," she said.

The White House strategy now is to go after what's left of that elusive common ground.

Bush has 12 months remaining, and an even shorter window for legislation this election year.

So he will push Congress to pass some short-term economic aid and make permanent his first-term tax cuts, which are due to expire in 2010. He will call for housing reform, better health care and veterans' care, alternative energy development and renewal of the No Child Left Behind education law.

The domestic section of Bush's speech will also remind the nation of his ideas on climate change, faith-based programs and stem cell research. When he pivots to foreign matters, Bush will emphasize progress in Iraq, and repeat that troop withdrawals will happen when they won't undermine Iraq's success.

He will also comment on Iran, Middle East peace, the spread of democracy and the U.S.-led fight against disease and hunger in poorer nations.

A pervasive current of the address will be trusting and empowering Americans. It is a theme Bush has wanted to emphasize in a speech for months.

Of course, the buzz about town concerns the next presidency, not this one.

As long as he commands the military and retains veto power, Bush remains relevant. Yet his clout is slipping. That is the political reality given his approval ratings, which are near the worst of his presidency, and his outsider role in the campaign for the 2008 presidential nominations.

The top Democratic contenders, Sens. Hillary Rodham Clinton and Barack Obama, will be on hand. Those two alone will draw most of the reaction shots shown on television. A leading Republican candidate, Sen. John McCain, is staying in Florida, where Tuesday's Republican primary will shorten Bush's news cycle.

Ahead of the speech, top Democrats sought to frame expectations for it.

"As we await President Bush's final State of the Union address Monday night we know one thing for sure: that cherished faith in America has been greatly diminished, and with it, our ability to respond to the critical challenges that threaten our security," said Senate Majority Leader Harry Reid.

Bush's tone will vary by topic.

On the economy, Bush is expected to praise the bipartisan deal that his administration brokered with House leaders. It would provide rebate checks to 117 million families and $50 billion in incentives for businesses to invest in new plants and equipment.

Senators, however, want to add elements, like boosting food stamp or unemployment benefits, that they say will produce more meaningful change.

The speech gives Bush a way to urge the Senate not to delay — an idea that might resonate with millions of anxious families.

Bush's language is expected to be tougher when it comes to something else he wants from Congress: the extension of a law that allows surveillance of suspected terrorists. The current eavesdropping law, which allows government surveillance of phone calls and e-mails involving people in the United States, expires Friday. Bush is clashing with the Senate leadership over safeguards as well as legal immunity for companies that helped the government spy on American citizens.

The Senate is expected to take a key vote on the bill just hours before Bush speaks, so the White House may adjust the speech on the fly. Otherwise, the address is essentially locked down at roughly 45 minutes long.

Bush went through another practice run in the White House theater on Sunday, among the last steps of a process that lasts for months.

The making of the speech is highly collaborative, with a hands-on role by the president.

Near the end, as outlines turn into final drafts, Bush adjusts the wording in the Oval Office with speechwriters and other advisers.

"He's a heavy editor," said his chief speechwriter, Bill McGurn.

Bush will eliminate items he deems to be dropped in without logic — "cram-ins," he calls them. He'll even advise on placement of applause lines. Sometimes, language is cut because the rhythm doesn't flow when Bush practices. He favors a direct approach.

"We obviously try to look for stirring language, but I don't think you'll get the stirring line if you look for it," McGurn said. "If you aim for it, what you get is something tinny and false and fake, and everyone sees it. Our main goal is to take the policy, take the philosophy, and write it in the president's voice."



By BEN FELLER, Associated Press Writer

Asian markets drop, tracking Wall Street

HONG KONG - Global market turmoil continued into a second week as Asian markets tumbled Monday in the wake of Wall Street's sell-off Friday amid persistent worries about a possible U.S. — and worldwide — economic slowdown.

China's benchmark index plummeted 7.2 percent to its lowest point in six months on concerns that a recession in the U.S. would mean less demand for Chinese-made products.

European markets fell in early trading, and U.S. stock index futures also were down, suggesting that Wall Street was poised to drop again when markets opened.

Investors around the world have been jittery for weeks about a U.S. slump, which would likely weaken demand for exports and drag on global growth. There is also concern about a worldwide credit crunch triggered by rising defaults in risky U.S. mortgages, which has led to mountains of bad assets at major American and European banks.

"There's a lot of uncertainty out there: uncertainty over the U.S. economy, uncertainty over China's economy," said Rob Hart, an analyst with Morgan Stanley in Hong Kong.

"People are also worried about contagion in Europe. If the U.S slows down, will it trigger a slowdown in Europe?" he said.

In Europe, the U.K.'s FTSE dipped 1 percent to 5,807.9 in morning trading. Germany's DAX slipped 1.2 percent while France's declined 1.7 percent.

In Asia, Tokyo's benchmark Nikkei 225 index fell nearly 4 percent to close at 13,087.91, erasing its jump on Friday, while Hong Kong's Hang Seng index sank 4.3 percent.

Declines were more modest in India, where the Sensex index — which plunged 4 percent in the first 10 minutes of trading — was down just 1.1 percent in late afternoon trading.

The sharpest declines came in China, where the Shanghai Composite index plunged 342.39 points to 4,419.29 amid worries about weaker demand from American consumers. Concerns over the potential impact of a prolonged bout of severe winter weather also took a toll.

"Investors, especially institutional investors, are very cautious," said Chen Huiqin, an analyst at Nanjing-based Huatai Securities. She said investors were waiting for possible "market rescuing" signals from the Chinese government.

"That could have a strong impact on the market," Chen said.

Global markets dropped sharply early last week on worries about slower U.S. growth. They rebounded after a hefty three-quarters cut in U.S. interest rates by the Federal Reserve last Tuesday, as well as on news of a stimulus package that Washington is hammering out.

But investors in Asia and Europe dumped shares again Monday after Wall Street sank Friday, when the Dow Jones industrials slid 1.38 percent and the technology-heavy Nasdaq composite index declined 1.47 percent.

Some traders said Asian markets dropped on concern that the Fed may not slash interest rates again — or as much as expected — when its policy planners meet Tuesday and Wednesday.

"The possibility for a 50 basis points cut is looking less likely," said Castor Pang, a strategist at Sun Hung Kai Financial in Hong Kong, pointing to future prices in New York.

Dow futures were down 80 points, or 0.65 percent, to 12,156, while Nasdaq futures were down 16.5 points, or 0.92 percent, to 1,777.

Japan's economy — heavily dependent on exports — may already be contracting, said Tetsufumi Yamakawa, chief economist at Goldman Sachs Japan.

He pointed out that five of the 11 components of Japan's business condition diffusion index have already hit highs and begun to deteriorate. Declines in six of the 11 components often indicates a recession is coming.

"A recession, which was nothing more than a risk scenario six months ago, is now turning into our main scenario," Yamakawa said in a report released Friday.

Japanese traders also were cautious ahead of a slew of corporate quarterly earnings this week, including Honda Motor Co. on Wednesday and Sony Corp. on Thursday.


By CASSIE BIGGS, Associated Press Writer


US shift seen to Pakistan, Afghanistan

WASHINGTON - In a shift with profound implications, the Bush administration is attempting to re-energize its terrorism-fighting war efforts in Afghanistan, the original target of a post-Sept. 11 offensive. The U.S. also is refocusing on Pakistan, where a regenerating al-Qaida is posing fresh threats.

There is growing recognition that the United States risks further setbacks, if not deepening conflict or even defeat, in Afghanistan, and that success in that country hinges on stopping Pakistan from descending into disorder.

Privately, some senior U.S. military commanders say Pakistan's tribal areas are at the center of the fight against Islamic extremism; more so than Iraq, or even Afghanistan. These areas border on eastern Afghanistan and provide haven for al-Qaida and Taliban fighters to regroup, rearm and reorganize.

This view may explain, at least in part, the administration's increasingly public expressions of concern.

At a Pentagon news conference last week, Defense Secretary Robert Gates said that while the U.S. respects the Pakistani government's right to decide what actions are needed to defeat extremists on its soil, there are reasons to worry that al-Qaida poses more than an internal threat to Pakistan.

"I think we are all concerned about the re-establishment of al-Qaida safe havens in the border area," Gates said. "I think it would be unrealistic to assume that all of the planning that they're doing is focused strictly on Pakistan. So I think that that is a continuing threat to Europe as well as to us."

The Pentagon says it has fewer than 100 troops in Pakistan, including personnel who are training Pakistan's paramilitary Frontier Corps in the western tribal region along the Afghanistan border.

The U.S. military has used other means, including aerial surveillance by drones, to hunt Osama bin Laden and other senior al-Qaida leaders believed to be hiding near the Afghan border. Ground troops on the Afghan side sometimes fire artillery across the border at known Taliban or al-Qaida targets, and U.S. officials have said special operations forces are poised to strike across the border under certain circumstances.

In recent days, administration officials have said they would send more U.S. forces, including small numbers of combat troops, if the Pakistani government decided it wanted to collaborate more closely.

It is far from certain that U.S. combat troops will set foot in Pakistan in any substantial numbers. On Friday, Pakistan's president, Pervez Musharraf, said his country opposes any foreign forces on its soil. "The man in the street will not allow this — he will come out and agitate," he said. Musharraf said the U.S. instead should bolster its combat forces in Afghanistan.

The top two U.S. intelligence officials made a secret visit to Pakistan in early January to seek Musharraf's permission for greater involvement of American forces in trying to ferret out al-Qaida and other militant groups active in the tribal regions, a senior U.S. official said Saturday. Musharraf was said to have rebuffed an expansion of an American presence in Pakistan at the meeting, either through covert CIA missions or by joint operations with Pakistani security forces.

The number of U.S. troops in Afghanistan has grown over the past two years from about 20,000 to the current total of 28,000. That is the highest number of the war, which began in October 2001. The total is to jump by 3,200 this spring with a new influx of Marine reinforcements, including 2,200 combat troops who will bolster a NATO-led counterinsurgency force in the south.

"There is strong pressure now from the international community to find some solution to Afghanistan because of the fear that this could quickly go south," said Ashley J. Tellis, a senior associate at the Carnegie Endowment for International Peace. In 2006-07, he was an adviser to Nicholas Burns, the undersecretary of state for political affairs.

"We haven't lost the war yet, but we could be on our way to doing so," Tellis said in a telephone interview Friday. He strongly recommends strengthening the U.S. military presence in southern Afghanistan.

The vast majority of deployed U.S. troops are still in Iraq, although the force of nearly 160,000 is set on a downward trend. In recent weeks U.S. officials have spoken of Iraq as moving toward stability, with al-Qaida-affiliated fighters weakened and possibly forced to make a last stand.

So there is no wholesale shift of U.S. military firepower from Iraq to Afghanistan. Gates recently rejected a Marine Corps proposal to move the 20,000-plus Marine contingent in Iraq to Afghanistan, reflecting a worry that Iraq's progress is still fragile.

Just last month Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, told Congress that the war in Afghanistan is a secondary priority. "In Afghanistan we do what we can. In Iraq we do what we must," he said.

Yet it is apparent that as security conditions in Iraq improve, the administration is looking closer at what needs to be done in Afghanistan to counter recent gains by the Taliban. The Taliban ruled the country in the late 1990s and provided haven and support for bin Laden as his global terrorist network laid the groundwork from Afghanistan for the Sept. 11 attacks.

Gates is leading a NATO effort to produce a statement of goals for Afghanistan that spells out clearly what is at stake. The purpose is to bolster NATO governments' efforts to convince their publics that fighting and dying in Afghanistan is an investment worth making. The statement is supposed to be ready for adoption by President Bush and other NATO leaders at a summit meeting in April.

Also, the administration is showing more interest in deepening its involvement in Pakistan.

Teresita C. Schaffer, director for South Asia at the Center for Strategic and International Studies, said Friday that an important indicator of that approach was the recent visit to Pakistan by Adm. William J. Fallon, the commander of American forces in that region. Fallon met with senior officials, including the new chief of the Pakistani army, Gen. Ashfaq Kayani.

"Why is that happening now?" Schaffer asked. "It suggests to me that the administration is taking this much more seriously than it was." That has meant more attentiveness to the needs of U.S. commanders in Afghanistan, including officers' concerns about countering the threat inside Pakistan.

"The sense I get is that at least in military terms they are getting a response from Washington which they weren't getting all along," said Schaffer, a career foreign service officer who was deputy assistant secretary of state for South Asia in the administration of former President Bush.





By ROBERT BURNS, AP Military Writer