BAD BNSF
Judge orders railway to pay Washington tribe nearly $400 million for trespassing with oil trains


This photo provided by the Washington Department of Ecology shows a derailed BNSF train on the Swinomish tribal reservation near Anacortes, Wash. on March 16, 2023. A federal judge on Monday, June 17, 2024 ordered BNSF Railway to pay nearly $400 million to a Native American tribe in Washington state after finding that the company intentionally trespassed when it repeatedly ran 100-car trains carrying crude oil across its reservation.

 (Washington Department of Ecology via AP)

BY GENE JOHNSON
June 17, 2024Share

SEATTLE (AP) — BNSF Railway must pay nearly $400 million to a Native American tribe in Washington state, a federal judge ordered Monday after finding that the company intentionally trespassed when it repeatedly ran 100-car trains carrying crude oil across the tribe’s reservation.

U.S. District Judge Robert Lasnik initially ruled last year that the railway deliberately violated the terms of a 1991 easement with the Swinomish Tribe north of Seattle that allows trains to carry no more than 25 cars per day. The judge held a trial earlier this month to determine how much in profits BNSF made through trespassing from 2012 to 2021 and how much it should be required to disgorge.

“We know that this is a large amount of money. But that just reflects the enormous wrongful profits that BNSF gained by using the Tribe’s land day after day, week after week, year after year over our objections,” Steve Edwards, chairman of the Swinomish Indian Tribal Community, said in a statement. “When there are these kinds of profits to be gained, the only way to deter future wrongdoing is to do exactly what the Court did today — make the trespasser give up the money it gained by trespassing.”

The company based in Fort Worth, Texas, said in an email it had no comment.

The tribe, which has about 1,400 members, sued in 2015 after BNSF dramatically increased, without the tribe’s consent, the number of cars it was running across the reservation so that it could ship crude oil from the Bakken Formation in and around North Dakota to a nearby refinery. The route crosses sensitive marine ecosystems along the coast, over water that connects with the Salish Sea, where the tribe has treaty-protected rights to fish.

Bakken oil is easier to refine into the fuels sold at the gas pump and ignites more easily. After train cars carrying Bakken crude oil exploded in Alabama, North Dakota and Quebec, a federal agency warned in 2014 that the oil has a higher degree of volatility than other crudes in the U.S.

Last year, two BNSF engines derailed on Swinomish land, leaking an estimated 3,100 gallons (11,700 liters) of diesel fuel near Padilla Bay.

AP correspondent Jackie Quinn reports on a massive damage award to a Native American tribe that accused a rail company of trespassing.

The tribe pointed out that a corporate predecessor of BNSF laid the tracks in the late 19th century over its objections. The tribe sued in the 1970s, alleging decades of trespassing, and only in 1991 was that litigation settled, when the tribe granted an easement allowing limited use of the tracks.

The easement limited rail traffic to one train of 25 cars per day in each direction. It required BNSF to tell the tribe about the “nature and identity of all cargo” transported across the reservation, and it said the tribe would not arbitrarily withhold permission to increase the number of trains or cars.

The tribe learned through a 2011 Skagit County planning document that a nearby refinery would start receiving crude oil trains. It wasn’t until the following year that the tribe received information from BNSF addressing current track usage, court documents show.

The tribe and BNSF discussed amending the agreement, but “at no point did the Tribe approve BNSF’s unilateral decision to transport unit trains across the Reservation, agree to increase the train or car limitations, or waive its contractual right of approval,” Lasnik said in his decision last year.

“BNSF failed to update the Tribe regarding the nature of the cargo that was crossing the Reservation and unilaterally increased the number of trains and the number of cars without the Tribe’s written agreement, thereby violating the conditions placed on BNSF’s permission to enter the property,” Lasnik said.

The four-day trial this month was designed to provide the court with details and expert testimony to guide the judge through complex calculations about how much in “ill-gotten” profit BNSF should have to disgorge. Lasnik put that figure at $362 million and added $32 million in post-tax profits such as investment income for a total of more than $394 million.

In reality, the judge wrote, BNSF made far more than $32 million in post-tax profits, but adding all of that up would have added hundreds of millions more to what was already a large judgment against the railway.

The tribe said it expects BNSF to appeal the ruling.

A Southwest Airlines plane that did a ‘Dutch roll’ suffered structural damage, investigators say


 The logo for Boeing appears on a screen on the floor of the New York Stock Exchange, July 13, 2021. Federal officials said on Thursday, June 13, 2024, they are investigating an unusual rolling motion on a Southwest Airlines Boeing 737 Max that might have been caused by a damaged backup power-control unit.

 (AP Photo/Richard Drew, file)

BY DAVID KOENIG
 June 14, 2024

A Boeing 737 Max suffered damage to parts of the plane’s structure after it went into a “Dutch roll” during a Southwest Airlines flight last month, U.S. investigators said Friday.

The incident happened as the jet cruised at 34,000 feet from Phoenix to Oakland, California, on May 25, but Southwest did not notify the National Transportation Safety Board about the roll or damage to the jetliner until June 7, the NTSB said.

“Following the event, SWA performed maintenance on the airplane and discovered damage to structural components,” the safety board said.

The NTSB comment could suggest that the incident was more serious than previously known, but aviation experts said it was too soon to know for sure.

A Southwest spokesperson said the Dallas-based airline is participating in the investigation. He declined further comment.

A Dutch roll is a combination of yaw, or the tail sliding side to side, and the plane rocking in a way that causes the wings to roll up and down. The name comes from the way the rhythmic, swaying movement resembles a form of ice skating that was popular in the Netherlands.

“It’s just a part of aerodynamics,” said John Cox, a former airline pilot and now an aviation-safety consultant. “What you feel in the back is that the airplane sort of wallows.”

Pilots train to recover from a Dutch roll, and most modern planes include a device called a yaw damper that can correct the condition by adjusting the rudder. A preliminary report by the Federal Aviation Administration said that after the Southwest plane landed, damage was discovered to a unit that controls backup power to the rudder.

The damage was described as “substantial.”

Cox said the structural damage likely occurred in the plane’s tail fin, where the power units are housed. He was baffled that the backup unit would be damaged because normally it would not be activated during a Dutch roll.

Cox said the two-way oscillation of a Dutch roll was a dangerous phenomenon in previous Boeing jets, but not in 737s because of design changes.

Boeing “737s are not prone to excessive Dutch roll. The design of the airplane is (such that) if you do absolutely nothing, the airplane will dampen the Dutch roll out naturally,” he said. “In older-model airplanes — 707s, 727s — it could develop up to the point you could lose control of the airplane.”

The NTSB said it downloaded data from the plane, a Boeing 737 Max 8, which will help investigators determine the length and severity of the incident.

Investigators won’t know precisely what the pilots were saying, however: The cockpit voice recorder was overwritten after two hours.

The pilots regained control and landed at Oakland. There were no reported injuries on the flight, which carried 175 passengers and a crew of six.

The NTSB said it expected to issue a preliminary report on the incident in about 30 days.

PRISON NATION U$A

A woman may be freed after 43 years for a grisly murder. Was a police officer the real killer?



This booking photo provided by the Missouri Department of Corrections shows Sandra Hemme. Judge Ryan Horsman ruled late Friday, June 14, 2024, that Hemme, who has spent 43 years behind bars, had established evidence of actual innocence and must be freed within 30 days unless prosecutors retry her. He said her trial counsel was ineffective and prosecutors failed to disclose evidence that would have helped her. 

(Missouri Department of Corrections via AP)Read More

BY HEATHER HOLLINGSWORTH
Updated, June 17, 2024Share

A Missouri woman has spent 43 years in prison for a grisly 1980 murder that her lawyers say was actually committed by a police officer with ties to the murder scene.

Now, Sandra Hemme is waiting to learn if she’ll regain her freedom, after a judge overturned her conviction last week. He ruled Hemme was in a “malleable mental state” when investigators questioned her in a psychiatric hospital under heavy medication, and that prosecutors withheld evidence about the discredited officer, who died in 2015.

Hemme’s legal team at the Innocence Project say this is the longest time a woman has been incarcerated for a wrongful conviction. The family is ecstatic. “We just can’t wait to get her home,” Hemme’s sister, Joyce Ann Kays, said Monday.

Here are some things to know about the case:

What are the key points?

Judge Ryan Horsman ruled late Friday that attorneys for Hemme had established evidence of actual innocence and that she must be freed within 30 days unless prosecutors retry her.

Hemme was a psychiatric patient when she incriminated herself in the death of 31-year-old library worker Patricia Jeschke. Hemme is now 64 years old and is incarcerated at a women’s prison northeast of Kansas City.

Hemme’s attorneys have filed a motion seeking her immediate release.

What happens next?

County prosecutors have 30 days to determine whether to dismiss the charges or try her again. The Missouri attorney general’s office can also decide to get involved, Karen Pojmann, communications director for the Missouri Department of Corrections, said in an email.
In the past, exonerated people have been released if there are no plans to appeal the decision or re-try the case, and the Department of Corrections gets that in writing from all the parties involved, Pojmann said.

The Buchanan County prosecutor and a spokesperson for the state attorney general’s office didn’t immediately return phone and email messages from The Associated Press seeking comment.

What happened in 1980?

It started on Nov. 13 of that year, when Jeschke missed work. Her worried mother climbed through a window at her apartment and discovered her daughter’s nude body on the floor, surrounded by blood. Her hands were tied behind her back with a telephone cord and a pair of pantyhose wrapped around her throat. A knife was under her head.

The brutal killing grabbed headlines, with detectives working 12-hour days to solve it. But Hemme wasn’t on their radar until she showed up nearly two weeks later at the home of a nurse who once treated her, carrying a knife and refusing to leave.

Police found her in a closet, and took her back to St. Joseph’s Hospital — the latest in a string of hospitalizations that began when she started hearing voices at age 12.

She had been discharged from that very hospital the day before Jeschke’s body was found, showing up at her parents house later that night after hitchhiking more than 100 miles (160 kilometers) across the state. The timing seemed suspicious to law enforcement.
What are the concerns about the interrogation?

As the questioning began, Hemme was being treated with antipsychotic drugs that had triggered involuntary muscle spasms. She complained her eyes were rolling back in her head, the petition said.

Detectives noted Hemme seemed “mentally confused” and not fully able to comprehend their questions. She offered what her attorneys described as “wildly contradictory” statements, at one point blaming the murder on a man who couldn’t have been the killer because he was at an alcohol treatment center in another city at the time.

Ultimately, she pleaded guilty to capital murder in exchange for the death penalty being taken off the table. That plea was later thrown out on appeal. But she was convicted again in 1985 after a one-day trial in which jurors weren’t told about what her current attorneys describe as “grotesquely coercive” interrogations.

Who do Hemme’s lawyers say is the real killer?

Her attorneys argue that evidence was suppressed implicating Michael Holman, a police officer at the time in St. Joseph, a city on a bend in the Missouri River roughly 50 miles (80 kilometers) north of Kansas City.

About a month after the killing, Holman was arrested for falsely reporting his pickup truck stolen and collecting an insurance payout. The same truck had been spotted near the crime scene, and his alibi that he spent the night with a woman at a nearby motel couldn’t be confirmed.

Furthermore, he had tried to use Jeschke’s credit card at a camera store in Kansas City, Missouri, on the same day her body was found. Holman, who was ultimately fired, said he found the card in a purse in a ditch.

During a search of Holman’s home, police found a pair of gold horseshoe-shaped earrings in a closet, along with jewelry stolen from another woman during a burglary earlier that year.

Jeschke’s father said he recognized the earrings as a pair he bought for his daughter. But then the four-day investigation into Holman ended abruptly, and many of these uncovered details were never given to Hemme’s attorneys.

Why did the judge decide to free Hemme?

Horsman found her trial counsel was ineffective and prosecutors failed to disclose crucial evidence that would have aided in her defense, including Holman’s criminal conduct.

The only evidence tying Hemme to the killing was her “unreliable statements,” Horsman wrote, and her psychiatric condition was “fertile ground for her to also internalize, or come to believe, the apparently false narratives she told.”

He said her statements were also contradicted by physical evidence and accounts of reliable, independent witnesses. The judge said outside factors like media coverage and police suggestion “substantially undermine the prosecutor’s argument that Ms. Hemme’s statements contain details that only the killer could know.”

There was, however, evidence that “directly ties Holman to this crime and murder scene,” he wrote

Were other mentally ill patients questioned like this?

Lawyers at the Innocence Project say Hemme wasn’t the first mentally ill person targeted by detectives in St. Joseph. Melvin Lee Reynolds, who also spent time at St. Joseph’s State Hospital, falsely confessed to the 1978 killing of a 4-year-old boy following repeated interrogations.

He was exonerated and freed in 1983, when a self-proclaimed serial killer, Charles Hatcher, pleaded guilty to the murder.

Michigan, CUNY didn’t suitably assess if Israel-Hamas war protests made environment hostile, US says



 Pro-Palestinian demonstrators gather to protest University of Michigan President Santa Ono’s “Statement regarding Mideast violence” outside the University of Michigan President’s House, Oct. 13, 2023, in Ann Arbor, Mich. The University of Michigan failed to assess whether protests and other incidents on campus in response to the Israel-Hamas war created a hostile environment for students, staff and faculty. That’s according to the results of an U.S. Education Department investigation announced Monday. 

(Jacob Hamilton/Ann Arbor News via AP, File)Read More

- A firefighter retrieves a Palestinian flag from a gate to the City University of New York, May 1, 2024, in New York. The University of Michigan and the City University of New York didn’t adequately investigate if campus protests in response to the Israel-Hamas war and other incidents created a hostile environment for students, faculty and staff. That’s according to results of U.S. Education Department investigations announced Monday. 

(AP Photo/Julia Nikhinson, File)

 Pro-Palestinian protesters demonstrate during the University of Michigan’s Spring 2024 Commencement Ceremony at Michigan Stadium in Ann Arbor, Mich., May 4, 2024. The University of Michigan and the City University of New York didn’t adequately investigate if campus protests in response to the Israel-Hamas war and other incidents created a hostile environment for students, faculty and staff. That’s according to results of U.S. Education Department investigations announced Monday.

 (Jacob Hamilton/Ann Arbor News via AP, file)

 Pro-Palestinian protesters demonstrate during the University of Michigan’s Spring 2024 Commencement Ceremony at Michigan Stadium in Ann Arbor, Mich., May 4, 2024. The University of Michigan and the City University of New York didn’t adequately investigate if campus protests in response to the Israel-Hamas war and other incidents created a hostile environment for students, faculty and staff. That’s according to results of U.S. Education Department investigations announced Monday.

 ( Jacob Hamilton/Ann Arbor News via AP, File)

 Pro-Palestinian protesters demonstrate during the University of Michigan’s Spring 2024 Commencement Ceremony at Michigan Stadium in Ann Arbor, Mich., May 4, 2024. The University of Michigan and the City University of New York didn’t adequately investigate if campus protests in response to the Israel-Hamas war and other incidents created a hostile environment for students, faculty and staff. That’s according to results of U.S. Education Department investigations announced Monday. 

(Katy Kildee/Detroit News via AP, File)

BY COLLIN BINKLEY AND ANNIE MA
 June 17, 2024

WASHINGTON (AP) — The University of Michigan and the City University of New York did not adequately investigate complaints about antisemitic or anti-Palestinian harassment linked to campus protests over the Israel-Hamas war and other incidents, according to the results of investigations by the U.S. Education Department announced Monday.

These are the first investigations to reach a conclusion among dozens launched by the Education Department since Oct. 7, the day Hamas launched a surprise attack on Israel.

The department’s Office of Civil Rights investigated 75 instances of alleged discrimination and harassment at the University of Michigan based on shared Jewish ancestry and shared Palestinian or Muslim ancestry. The investigation found that the university’s responses did not meet its Title VI requirements to remedy the hostile environment.

In one instance, when a Jewish student reported being called out for viewing a graduate student instructor’s social media post about pro-Palestinian topics, the university told the student that “formal conflict resolution is not a path forward at this time,” because the incident occurred on social media.

In another instance, when a student who participated in a pro-Palestinian protest was called a “terrorist,” the university said it held “restorative circles” to address the incident but did not take further action.

In its resolution agreement, the University of Michigan agreed to administer a climate assessment, implement additional training and revise its policies as necessary. It also agreed to monitoring by the Office of Civil Rights through the end of the 2026 school year, reporting its responses to future incidents of discrimination to the department.

“The university condemns all forms of discrimination, racism and bias in the strongest possible terms,” University of Michigan President Santa J. Ono said in a statement. “We continually work to educate our community around the rights and privileges of free speech to ensure that debate does not tip over into targeted harassment or bullying. This agreement reflects the university’s commitment to ensuring it has the tools needed to determine whether an individual’s acts or speech creates a hostile environment, and taking the affirmative measures necessary to provide a safe and supportive educational environment for all.”

The department also announced the resolution of nine pending complaints against schools in the City University of New York system, dating back to the 2019-20 academic year.

Those incidents include harassment and disparate treatment of students based on shared Jewish, Palestinian, Arab, Muslim or South Asian ancestry.

The university system agreed to reopen or initiate investigations into discrimination complaints and provide the Office of Civil Rights with the results and report any remedial action the university would take. The resolution also included increased training for both employees and security officers on campus, as well as a climate survey and third-party review of non-discrimination policies.

“Colleges serve as beacons of free speech and expression, but the safety of our students, staff and faculty is paramount,” CUNY Chancellor Félix V. Matos Rodríguez said in a statement. “CUNY is committed to providing an environment that is free from discrimination and hate and these new steps will ensure that there is consistency and transparency in how complaints are investigated and resolved.”

Complaints of antisemitism and Islamophobia have led to inquiries at more than 100 universities and school districts, including Harvard and Yale, community colleges and public schools from Los Angeles to suburban Minneapolis.

The complaints vary widely but all accuse schools of violating Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin. Colleges and schools are required to protect students from discrimination, and when they don’t, the Education Department can invoke penalties up to termination of federal money.

Protests over the Israel-Hamas war upended the final weeks of the school year at many campuses across the country, with some cancelling graduation ceremonies or moving classes online after Pro-Palestinian protesters set up encampments in campus spaces.

The protests have tested schools as they aim to balance free speech rights and the safety of students. The Education Department has issued guidance detailing schools’ responsibilities around Title VI, but the results of the agency’s investigations could provide a clearer line showing where political speech crosses into harassment.

Finding that boundary has been a struggle for colleges as they grapple with rhetoric that has different meaning to different people. Some chants commonly used by pro-Palestinian activists are seen by some as antisemitic, including “from the river to the sea, Palestine will be free” and “intifada revolution.”

Meanwhile, some complaints say Arab and Muslim students have faced abuses only to be ignored by campus officials. At Harvard, the Education Department is investigating separate complaints, one over alleged antisemitism and the other over alleged Islamophobia.

“Hate has no place on our college campuses — ever,” Education Secretary Miguel Cardona said in a statement. “Sadly, we have witnessed a series of deeply concerning incidents in recent months. There’s no question that this is a challenging moment for school communities across the country.”

More investigations are expected to be resolved in the coming weeks, but Cardona said his agency is struggling to keep up with the influx of cases.

Republicans have rejected requests to increase money for the Office for Civil Rights in recent years, while the average case load increased to 42 per investigator in 2023. Without more money, that figure could increase to more than 70 cases per investigator, Cardona has said.

“We are desperately in need of additional support to make sure we can investigate the cases that we have in front of us,” Cardona told members of the House in May.

On average, cases take about six to eight months to resolve. The vast majority of the agency’s civil rights investigations end with voluntary resolutions. Schools usually promise to resolve any lingering problems and take steps to protect students in the future.

While the Education Department investigates, several colleges and school districts have separately been called before Congress to answer allegations of antisemitism. Republicans have held a series of hearings on the issue, grilling leaders accused of tolerating antisemitism.

The hearings contributed to the resignations of some college leaders, including Liz Magill at the University of Pennsylvania and Harvard’s Claudine Gay, who was also embroiled in accusations of plagiarism.
___

The Associated Press’ education coverage receives financial support from multiple private foundations. THe AP is solely responsible for all content. Find the AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

COLLIN BINKLEY
Collin is a national education reporter
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ANNIE MA
Ma is an Associated Press national writer who covers K-12 education.
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American diets improve, but remain poor for many, Tufts study says

By Susan Kreimer

"What Americans eat is the single biggest driver of our health," said the study's senior author, Dr. Dariush Mozaffarian, a cardiologist and director of the Food is Medicine Institute at Tufts University in Boston.

 Photo by RitaE/Pixabay


NEW YORK, June 17 (UPI) -- Americans are eating better now than two decades ago, but disparities are continuing or worsening among vulnerable populations, a new study indicates.

The research, which reveals that the U.S. diet has a long way to go in achieving health equity, was published Monday in Annals of Internal Medicine.

Diet quality among adults improved modestly between 1999 and 2020, according to the researchers in the Food is Medicine Institute at Friedman School of Nutrition Science and Policy at Tufts University in Boston.

However, they said, the number of Americans with poor diet quality has remained stubbornly high.

Poor diet takes a toll on health. It's a major risk factor for obesity, type 2 diabetes, cardiovascular disease and certain cancers, with more than 1 million Americans dying every year from diet-related illnesses, the Food and Drug Administration reports.

"What Americans eat is the single biggest driver of our health," said the study's senior author, Dr. Dariush Mozaffarian, a cardiologist and director of the Food is Medicine Institute.

The institute's "mission is to integrate nourishing food-based therapies into health care, with supportive community, government and private sector actions to make healthier eating easier for everyone," Mozaffarian said.

"To achieve this, it's critical to understand the quality of the food that Americans are eating, how this has changed over time, and how this relates to disparities in our nation."

An estimated $1.1 trillion in health care expenditures and lost productivity are due to poor diet and food insecurity. These burdens also contribute to health inequity by income, education, ZIP code, race and ethnicity, the researchers found.

"The rich are getting richer, including in the quality of food they eat," Mozaffarian said, noting that "until very recently, our health care system and policies around equity mostly ignored nutrition. We can't fix the problem if we're not paying attention to it."

He added that "most people, including doctors and government leaders, don't realize how powerful their food choices are for their health -- what a massive difference these can make, with each meal every day."

Socioeconomically and geographically vulnerable Americans are particularly at risk for diet-related diseases, he said. As a result, it's important to address nutrition security and other social determinants of health, such as housing, transportation, fair wages and structural racism.

Researchers examined data from 10 cycles of the National Health and Nutrition Examination Survey between 1999 and 2020. The nationally representative sample involved repeated 24-hour dietary recalls, where people reported all foods and beverages consumed during the previous day.

A total of 51,703 adults completed at least one valid 24-hour recall, with 72.6% doing two recalls.

The American Heart Association diet score measured participants' intake of fruits, vegetables, beans and nuts, whole grains, sugary beverages and processed meat.

Over two decades, the share of adults with poor dietary quality decreased to 36.7% from 48.8%, while those with intermediate diet quality increased to 61.1% from 50.6%. The proportion of adults with an ideal diet improved, but remained strikingly low, rising to 1.58% from 0.66%.

Specific changes contributed to these trends, including greater consumption of nuts, seeds, whole grains, poultry, cheese and eggs. Meanwhile, there was lower intake of refined grains, drinks with added sugar, fruit juice and milk.

Total consumption of fruits and vegetables, fish and shellfish, processed meat, potassium and sodium remained relatively stable.

These improvements were not universal. Gains in dietary quality were most significant among younger adults, women, Hispanic adults and people with higher levels of education, income, food security and access to private health insurance.

Progress was less pronounced among older adults, men, Black adults and people with lower education, less income, food insecurity or non-private health insurance.

For example, the proportion of adults with poor diet quality decreased to 47.3% from 51.8% among people with lower income, to 43.0% from 50% among people with middle income and to 29.9% from 45.7% among those with higher income.

"We believe it is imperative to understand the trends and disparities in diet quality in the United States and address the potential disparities by population subgroups to promote health equity and human well-being," said the study's first author, Junxiu Liu.

Liu is a former postdoctoral scholar at Tufts and now an assistant professor in the department of population health science and policy at the Icahn School of Medicine at Mount Sinai in New York City.

The National Institutes of Health's National Heart, Lung and Blood Institute funded the research.

"I hope the results of this excellent study shine a bright light that we need to change our policies in the U.S.," said Bonnie Jortberg, a registered dietitian and associate professor of family medicine at the University of Colorado School of Medicine in Aurora, Colo. She was not involved in the new study.

Policy changes would ensure "greater accessibility to healthful foods for our most disadvantaged populations," with improvements targeting school meals and food assistance programs while providing better access to evidence-based nutrition information, Jortberg said.

"Food insecurity affects diet quality via lower consumption of healthier foods, especially those that are more expensive, don't have a long shelf life and don't provide enough volume to fill a hungry child," said Heidi Silver, a registered dietitian and director of the Vanderbilt Diet, Body Composition, and Human Metabolism Core at Vanderbilt University Medical Center in Nashville.

"All this has negative health consequences," Silver said, adding that it's "another aspect of structural racism in our country."

Excess sugars and sodium and ultra-processed foods are the main culprits in diet-associated health problems, said Dr. Vanita Rahman, an internist and clinic director at Barnard Medical Center in Washington, D.C.

Meanwhile, Rahman said, people are not eating enough fruits, vegetables, legumes and whole grains, which are loaded with fiber, protein and essential nutrients that can improve gut health, lower cholesterol, regulate blood sugar levels and lead to significant weight loss.

"We have these alarming obesity rates among adults and children, and this report really illustrates why that might be the case," she said, adding that "we need to translate research findings into practical changes in people's lives."

Kids' worries often behind bedtime battles, national survey shows

More than 40% of those surveyed reported that their child moves to the parents' bed, and about 30% said children insist that the adult sleep in their room. 

Photo by RDNE Stock Project/Pexels

NEW YORK, June 17 (UPI) -- One in four parents reported that their child couldn't drift off to sleep because they were distressed, a new national poll released Monday reports.

These families are less likely to have a bedtime routine, according to the poll, which was conducted by the University of Michigan Health C.S Mott Children's Hospital.

Conducted in February, the poll included responses from 781 parents of children ages 1 to 6.

"When we asked parents what were the reasons that their child sometimes struggled to get to sleep, a quarter of them said that it's because their child seems worried or anxious," poll co-director Sarah Clark told UPI in a telephone interview.

Children may fear the dark or the unknown. Some could be scared that something bad may happen to Mom or Dad. Others could be confused over what's going on around them, said Clark, a research scientist in the department of pediatrics at the University of Michigan Health in Ann Arbor.

That's when restlessness takes over. "Often, the time it comes out is right at bedtime," she said, adding that bad dreams can disrupt sleep, as well.

More than one-third of poll participants noted that their child often or occasionally wakes up upset or crying. More than 40% reported that their child moves to the parents' bed, and about 30% said children insist that the adult sleep in their room.

Instead of remaining in the child's room, parents can check in every few minutes. This approach acknowledges a youngster's fears and offers a reassuring presence, while maintaining a calm environment and promoting sleep independence, Clark said.

Sleep struggles are typical in a child's development, she said, but it's understandable that parents can become frustrated when they, too, feel tired at the end of the day.

Relaxing rituals can help. Electronics, including tablets and televisions, should be kept out of a child's bedroom, because blue light interferes with production of the natural sleep hormone melatonin, Clark said.

In the poll, nearly one in five parents reported giving a melatonin supplement to help their child fall asleep, while one-third wait in the room until the youngster completely dozes off.

Many melatonin products are advertised as appropriate for children, but have not undergone rigorous testing for safety and effectiveness, and their side effects and long-term impact on growth and development are unknown, Clark said.

Although occasional use may be fine, parents shouldn't depend on melatonin as a primary sleep aid, she said, while advocating that they start with the lowest possible dosage.

However, Clark first recommends consulting with a child's pediatrician to discuss options and rule out other causes of sleep problems.

Nearly two-thirds of surveyed parents said staying up to play was a major factor in delaying sleep, so she advises mellowing out at least an hour before bed.

Most parents reported having a bedtime routine that may involve brushing teeth, reading bedtime stories, bathing or a combination of activities. Fewer than half said their child has a drink of water or snack, turns off devices, prays and talks about their day.

"It's a signal to the child that it's time to wind down," Clark said. "We're moving to a different part of the day."

Other helpful bedtime habits may include holding a blanket or stuffed animal or sucking a pacifier or fingers.

Having a consistent bedtime routine provides a sense of security and comfort, and it also fosters parental bonding, Clark said.

A little fewer than half of parents polled say their child sleeps in their own bedroom, while fewer than a quarter share a bedroom with siblings or in the parents' bedroom. One in 10 kids spends part of the night in their own bedroom and part of the night with parents.

More than two-fifths of parents said noise from other rooms interfered with their child's sleep. If possible, children should have their own bed in a quiet room, Clark said.

Many parents use a nightlight or leave the bedroom door slightly ajar, so the child isn't in complete darkness, but Clark cautions that the light should not shine directly at the child's face.

Some parents also play soothing music or tell stories to promote sleep, while others use a white noise machine or app. To prevent unintended damage to a child's hearing, Clark advises keeping white noise machines at no more than 50 decibels and placed at least 7 feet from the child's bed.

The poll's findings illustrate "normal developmental challenges that many kids experience as their thought processes become more mature," said Erika Chiappini, a child psychologist at Johns Hopkins Children's Center in Baltimore. She was not involved in the survey.

"Young kids have active imaginations," Chiappini said. "So, if they are worried about something scary at night, parents can help them use their imagination to help ward off the scary thought, too."

For example, she added, if children fear the presence of a monster in the room, parents can prompt them "to think of something silly" that will make the demon disappear "or show that it's really a nice one."

Parents also can incorporate deep breathing, body scans or progressive muscle relaxation into a bedtime routine, Chiappini said.

Marianne Kabour, a pediatric psychologist at Renown Children's Hospital in Reno, Nev., said she encourages parents to talk with children about their day to help process worries. If doing this close to bedtime increases anxiety, an after-dinner chat may be better.

Engaging in an activity designed to let go of worries is another option, Kabour said.

"For young children, parents can write the worries down on paper and children can put them in a 'worry box,' or if they want, they can rip the paper up to release the worry," she said.

"Middle-age children and adolescents can do this, too, or for them, journaling their thoughts and feelings can help."

U.S. Postal Service trots out new 'Horses' stamps at Pony Express re-enactment

The U.S. Postal Service trotted out its new "Horses" stamps Monday, to honor the "magnificent animals" and their "participation in the Pony Express" during a dedication ceremony in St. Joseph, Missouri. 

Photo courtesy of U.S. Postal Service

June 17 (UPI) -- The U.S. Postal Service trotted out its new "Horses" stamps Monday as the 164th annual Pony Express re-enactment got underway in Missouri.

A ceremony to dedicate the new stamps, which are available now at Post Offices and on usps.com, was held at the Patee House Museum in St. Joseph.

"Beyond their grace and majesty, horses have long been integral to American culture and society," said Jamiel Freeman, St. Joseph postmaster. "Their participation in the Pony Express is a testament to their reputation as loyal and hardworking and the Postal Service is honored to celebrate them on these new Forever stamps."

The stamps feature five photographs of individual horses, which include a gray-maned dappled white stallion, a russet-colored horse with a copper mane, a golden chestnut with a chalky white mane, a horse with a brown-spotted coat in the snow and a chestnut horse with a white blaze.

The U.S. Postal Service teamed up with the annual Pony Express Re-Ride, which is a 10-day annual event where riders carry mail and retrace the historic route from St. Joseph, Mo., to Sacramento, Calif. The Pony Express re-enactments began in the 1960s with the National Pony Express Association formed in 1978.

"The Pony Riders will travel 24/7" to make the nearly 2,000-mile trip that will take them through Kansas, Nebraska, Colorado, Wyoming, Utah, Nevada and into California, according to the NPEA.

"We are honored that the Postal Service chose the National Pony Express Association's 2024 Re-Ride kickoff celebration in St. Joseph, Mo., to release the horse stamp," said Pam Simmons, president of NPEA.

"Horses have been such a vital part of our country's history and by honoring these magnificent animals we are acknowledging their beauty and stamina as well as their part in our history and vital role for the Pony Express."

Indian national accused of murder-for-hire plot pleads not guilty in New York court


An Indian national pleaded not guilty in federal court in Manhattan on Monday. He is accused of being involved in a failed $100,000 murder-for-hire plot in June 2023 to assassinate a Sikh separatist living in New York.

 File photo by Bonnie Cash/UPI

June 17 (UPI) -- An Indian man accused of being involved in a failed $100,000 murder-for-hire plot in June 2023 to assassinate a Sikh separatist living in New York pleaded not guilty Monday in a Manhattan courtroom.

Nikhil Gupta is charged with engaging a hitman to kill Gurpatwant Singh Pannun, a member of a banned Sikh movement that advocates for an independent Sikh state in India's Punjab region and a U.S. citizen. Gupta also faces a charge of conspiracy to commit murder-for-hire.

According to prosecutors, unbeknownst to Gupta the "hitman" was an undercover U.S. Drug Enforcement Agency officer.

Gupta entered the Lower Manhattan courtroom and entered his not guilty plea.

To reporters before the arraignment, Gupta's lawyer, Jeffrey Chabrowe, read a statement, describing the case as "complex," The New York Times reported.

"Background and details will develop that may cast government allegations into an entirely new light," he said

Gupta, 53, was extradited from the Czech Republic on Friday, seven months after the U.S. Justice Department laid charges and almost a year after he was arrested at the request of U.S. authorities, who allege Gupta was under the direction of an Indian government official, dubbed CC-1, in the murder-for-hire plot which was orchestrated from Indian soil.

"This murder-for-hire plot -- allegedly orchestrated by an Indian government employee to kill a U.S. citizen in New York City -- was a brazen attempt to silence a political activist for exercising a quintessential American right: his freedom of speech," Deputy Attorney General Lisa Monaco said Monday in a statement.

"The extradition of the defendant is a vital step toward justice."

In its indictment in November, the Southern District of New York accused Gupta of being a person involved in "international narcotics and weapons trafficking," based on his communications with CC-1 and others, while CC-1 is said to have described himself as a field officer who had served in India's Central Reserve Police Force" and received officer "training" in "battle craft" and "weapons."

The Czech Constitutional Court threw out a bid by Gupta to avoid extradition in May.

If convicted, he faces up to 20 years in federal prison, 10 years for each count. His lawyer says he is an innocent businessman who has been trapped in the crosshairs of a foreign policy spat between Washington and New Delhi.

Pannun, who is also a lawyer, said in a statement Monday that he has "full faith and confidence that not only will Gupta but all those behind his alleged assassination attempt will be held to account.

"The attempt on my life on American Soil is the blatant case of India's transnational terrorism challenging America's sovereignty and unequivocally proves that Modi's India believes in using violence to suppress the dissenting political opinion while pro Khalistan Sikhs believe in votes to promote their cause," he said, referring to the president of India, Narendra Modi.

"If the cost for organizing the Khalistan Referendum is assassination at the hands of Modi's death squad, I am willing to pay that price."

The Indian government banned Pannun from entering the country after designating him as a terrorist in 2020, an accusation he rejects.

Prosecutors allege that 24 hours after Hardeep Nijjar, a colleague of Pannun and fellow Sikh separatist was gunned down in a parking lot in British Columbia in June 2023, Gupta messaged the undercover DEA agent "now no need to wait" to kill Pannun.


Nijjar's killing, which remains unsolved, plunged Canada-India relations into a deep freeze after Canadian Prime Minister Justin Trudeau accused the Indian government of involvement resulting in Ottawa expelling diplomats and New Delhi suspending visas.

Indian Prime Minister Narendra Modi's government vehemently deny the allegations involving Nijjar who was killed 11 months after India's counterterrorism agency offered a $16,000 reward for information leading to his arrest in connection with a deadly bomb attack on a cinema in Punjab in 2007.

Jehovah's Witnesses accuses Russia of torturing jailed member amid crackdown


Rinat Kiramov, 36, is serving a seven-year prison sentence in Russia after being found guilty of practicing his Jehovah's Witnesses religion, banned by the Kremlin as extremist in 2017. Recently, he told his church that he was tortured, including having been waterboarded. Photo courtesy of Jehovah's Witnesses

June 16 (UPI) -- A member of the Jehovah's Witnesses serving a seven-year sentence in a Russian prison for practicing his faith was recently tortured for information about other members of the church, according to the Christian denomination.

Rinat Kiramov, 36, says he's been punched, bound, tased, waterboarded and deprived of food and sleep by fellow prisoners demanding that he give them names of Jehovah's Witnesses in his city of Akhtubinsk, located in southwestern Russia near the border with Kazakhstan, according to the Christian denomination.

"Such egregious acts of violence -- especially against non-violent Christians -- are crimes against humanity," Jarrod Lopes, a spokesperson at the world headquarters of Jehovah's Witnesses, told UPI in a statement.

Hundreds of Members of the Christian denomination have been jailed in Russia over practicing their faith since its Supreme Court criminalized all activity by the Jehovah's Witnesses as extremist in April 2017. The believers are being persecuted under the same law that has been used by authorities to target other religious groups as well as critics of Russian President Vladimir Putin, notably Alexei Navalny, who died in the Kremlin's penal system in February

Kiramov was arrested Nov. 9, 2021, along with several other Jehovah's Witnesses by Russian security forces who raided their homes in Akhtubinsk and nearby Znamensk. He was charged with organizing Jehovah's Witnesses meetings, including videoconferencing, and was sentenced to seven years in prison in April 2023.

His church recently said that Kiramov was tortured over several days in April after being transfer for suspicion of tuberculosis from his penal colony to a medical correctional institution in Tula region.

Kiramov said that the torture began on April 20, two days after his arrival.

Prisoners at the facility demanded that he give them the names of other Jehovah's Witnesses in Akhtubinsk. After he refused, he was punched, knocked to the floor, bound with duct tape and beaten.

"I was shocked with a stun gun on my palms, chest, abdomen and legs. At some point, my feet were forcibly lowered into a bucket of water and I continued to be shocked through the water," he said, according to the church, which was relaying excerpts of a recent discussion between Kiramov and his lawyer.

He then said he was dragged to the shower, where he was laid on his back and a cloth was placed over his face. He was then waterboarded, a type of torture and interrogation technique where the subject experiences the sensation of drowning. It is considered a war crime under the Geneva Conventions.

"I could hardly breath. At the same time, one of the prisoners stepped on my stomach. I began to suffocate," Kiramov said. "This lasted about 10 minutes, so that I began to spit out blood along with the water."

On April 23, he said he was beaten again by two prisoners.

He said he was punched in the face and kicked in the chest.

"After I fell, I was punched and kicked multiple times in the body. After that, I was lifted up by my legs and kicked several times in the groin," he said. "They threatened me that I would never be able to have children."

He said that during his four days of torture, he was denied sleep, forced to stand in a corner and permitted only one meal -- lunch -- a day.

"During this entire ordeal, I was threatened with rape," he said.

His wife, Galina, said via the church that she spoke with Kiramov a day after one of his beatings.

"He was barely able to walk," she said. "Every part of his body was hurting. His hands were shaking and his face was smashed."

She said that despite the torture, Kiramov did not give them the information they sought.

According to the church, Kiramov is one of at least 28 of its practitioners who have been tortured in Russia since 2017. It said Russia is known for bribing other prisoners as rewards for retrieving information and forced confessions from fellow inmates.

Russia's bewildering crackdown on Jehovah's Witnesses has been widely condemned and the European Union's highest court ruled its ban on the religion unlawful in 2022.

"For reasons passing understanding, Russia continues to shamelessly conduct mass home raids and dole out lengthy prison sentences that upend the lives of peaceful Witness men and women, as well as their innocent children," Lopes said.

"It's well documented in history that the Witnesses outlasted their persecutors in Nazi concentration camps and the Soviet Gulags. Thus, Jehovah's Witnesses are neither surprised nor shaken by Russia's systematic persecution. They fully expect to outlast their persecutors."

According to the church, more than 809 of its practitioners have been criminally charged for practicing their religion since 2017, with 414 having spend time in Prison. At least 135 are currently behind bars.

Abortion bans shaping entire generation of young people

By Julie Maslowsky, University of Michigan

Women attend a Senate Committee on Health hearing on "The Assault on Women's Freedoms: How Abortion Bans Have Created a Health Care Nightmare Across America" in Washington on June 4.

 File Photo by Ken Cedeno/UPI | License Photo


Adolescence and young adulthood is a time of identity formation, when young people figure out who they are and who they want to be. One of the ways they do this is by considering the world around them, paying attention to social issues and starting to understand their society and their place in it. Laws and policies signal to young people what society thinks of their value, their role in society and their opportunities for the future.

But the experience of growing up in the post-Roe v. Wade era looks very different from that before the 50-year precedent was overturned in 2022.

Following the Dobbs v. Jackson Supreme Court decision, more than half of U.S. adolescents, ages 13-19, now live in a state with severely restricted or no legal abortion access. As a result, today's young people are coming of age in what one expert in health law and bioethics has termed an "era of rights retractions."

I am a developmental psychologist and population health scientist who studies adolescent development and sexual and reproductive health, and it is clear to me from a variety of indicators that, following Dobbs, the experience of adolescence and young adulthood in America has fundamentally changed.

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Abortion bans are not only affecting those who need an abortion -- they are shaping an entire generation.

How young people view the Dobbs decision

In 2022, my colleagues and I conducted a national survey of young people between the ages of 14 to 24, beginning shortly after the leak of the Supreme Court's opinion in the case.

We asked them about their knowledge of the Dobbs decision, how they felt about it and how they believed it was impacting the lives of young people in their state. Our research showed that the majority of young people are aware of and alarmed by the Dobbs decision and its implications.

Our own research and other emerging data make it clear that abortion restrictions not only affect young people who become pregnant or seek an abortion. These restrictions are affecting how young people think about voting, where they should choose to live, study and work, and how to control their fertility. Abortion restrictions may also have serious impacts on young people's mental health.

Implications for voting

Some 8 million young people are becoming newly eligible to vote in 2024. Research shows that young people are the most likely to support abortion rights.

Abortion is a top issue that is currently motivating young voters. Change Research found in its recent national poll that 3 in 4 young voters believe abortion should be legal in all or most cases.

More than half of young voters say they will not vote for a candidate whose position on abortion is different from theirs. In the 2022 midterm elections, young people reported that abortion was the top issue influencing their vote.

How these young people vote may shape the 2024 election at both the national and state level in important ways. Their votes could serve as a referendum on reproductive rights directly in states where the issue is on the ballot and indirectly by shaping who young people want to represent them.

Where to attend college, live and work post-Roe

High school seniors are considering abortion access when deciding where to go to college. Over 70% reported considering reproductive health care access in their college decision.

Abortion access also matters to those entering the workforce. In a recent national survey, two-thirds of young workers reported that they did not wish to live in a state with abortion bans.

Another survey found that 60% of young women are more motivated to move to another state now that their state has passed a ban on abortion, or would be if their state did pass a ban.

Managing fertility

Following Dobbs, young people's access to contraceptive services is changing too.

In Texas in March 2024, an appeals court ruled that the state could outlaw providing contraception to minors without parental consent at Title X clinics, which receive federal funding to provide confidential contraception regardless of age, income or immigration status. This ruling removed the only confidential access to contraception available to teens in that state.

Recent research that my colleagues conducted with college students in several U.S. Southeast states shows that they are worried that more legal restrictions on contraception are coming. In our study, one young person reported: "I fear that these changes are only a precursor to more strict laws regarding contraception and health care. I fear for the rights and bodies of those like me and those who are less fortunate."

A wave of young people are opting for sterilization.

Some young people have already taken permanent action to avoid pregnancy. Nationally, there have been significant increases in the number of young people who are choosing to undergo permanent sterilization, either vasectomy or tubal ligation. The effects are largest for tubal ligation. The rate of tubal ligation was rising prior to Dobbs, but immediately following Dobbs, one large national study found that the rate jumped by about 20% and has continued to rise at nearly twice its pre-Dobbs pace.


These increases signal that some young people simply do not want to take the chance of becoming pregnant or impregnating someone when comprehensive reproductive health care is not available or is under threat.

Effects on mental health

Emerging data shows that mental health outcomes are worse in states with abortion bans.

For instance, a recent large, national study examined changes in mental health symptoms in the months before and after the Dobbs decision, comparing people living in states with trigger abortion bans versus those living in states without trigger bans. A trigger ban was a law designed to be "triggered", or take effect, as soon as the legal precedent set by Roe v. Wade no longer applied. The study found that women (but not men) ages 18 to 45 living in states with trigger bans showed greater increases in symptoms of anxiety and depression after the Dobbs abortion decision was announced, compared with women living in states without such bans.

Unfortunately, the study did not include young people under age 18, nor did it look separately at young adults, who have most of their childbearing years ahead of them, to determine how they were being affected. Excluding young people from research and lumping them in with middle-aged adults is a common occurrence in studies focusing on abortion access and its consequences, a problematic practice highlighted by a recent expert consensus report.

Scholars predict that mental health consequences of reproductive health care restrictions will be more severe for historically marginalized populations. I expect this will include young people.

Our initial research indicates that many young people are experiencing significant stress and worry as a result of changing access to abortion. When describing her feelings about the decision, one young woman said, "I feel so many things. Anger, sadness, outrage. It makes me scared for my own future and for other women."

Julie Maslowsky is an associate professor of health behavior and biological sciences at the University of Michigan. This article is republished from The Conversation under a Creative Commons license. Read the original article. The views and opinions expressed in this commentary are solely those of the author.