Denver on HuffingtonPost.com

And The Healthiest City In America Is...

2013-05-22T18:15:52Z

What makes a particular city healthy? A low percentage of overweight citizens? A prevalence of jogging paths? Relatively few of its offices stricken with sick building syndrome (remember when that was a thing)?

For the analysts at online personal finance site Nerdwallet, who recently put together a list of the 15 healthiest cities in America, it's a combination of factors showing both an effort from individual citizens and a strong commitment to the creation of health-promotion programs at all levels of government.

In its survey, Nerdwallet considered the overall fitness of a city's residents (using the American Fitness Index that takes into account everything from healthy behaviors to rates of disease), access to heath care, air quality and other factors.

While the cities listed run the gamut from bustling urban centers to more laid-back outdoorsy hubs, one common factor was a litany programs instituted by civic leaders to keep residents healthy.

Check out the full list here:

Hickenlooper Grants A Temporary Reprieve

2013-05-22T17:59:24Z

Convicted death row inmate Nathan Dunlap was granted a temporary reprieve rather than clemency.

In an executive order issued by Gov. John Hickenlooper Wednesday, he said:

It is a legitimate question whether we as a state should be taking lives. Because the question is about the use of the death penalty itself, and not about Offender No. 89148, I have opted to grant a reprieve and not clemency in this case.

The governor has scheduled a press conference for 2 p.m. Wednesday to explain the decision.

This is a developing story...

Holmes' Bank Records, iPod Investigated

2013-05-22T17:35:45Z

CENTENNIAL, Colo. -- A Colorado judge has released five search warrants filed hours after the Aurora movie theater shooting that show where investigators immediately looked for leads.

James Holmes is charged with killing 12 and injuring 70 in the July 20 shooting spree at a midnight screening of the latest Batman movie.

The warrants show that in the hours after the attack, investigators wanted to search his bank records and iPod Touch. They also tried to determine the contents of packages Holmes received at several different addresses. Authorities have said Holmes ordered thousands of rounds of ammunition online.

The documents released Wednesday didn't show what investigators found.

Holmes wants to plead not guilty by reason of insanity. He's due to appear in court Thursday for a routine hearing.

9 Trans Fat-Laden Foods to Avoid

2013-05-22T16:31:07Z

By: Wyatt Myers, Everyday Health

When it comes to foods that cause high cholesterol, saturated fats used to be seen as public enemy number one. We now know that trans fats — fats formed by adding hydrogen to liquid unsaturated fatty acids and resulting in a particular chemical arrangement of hydrogen which makes the fats solid and prevents spoiling — can be just as dangerous, if not more so.

Trans fats raise bad, or low-density lipoprotein (LDL), cholesterol levels and lower beneficial high-density lipoprotein (HDL) cholesterol levels, increasing heart disease risk. These dangers have led to trans-fat legislation, first at restaurants in New York City, where they are limited to less than 0.5 grams per serving, and then in the entire state of California. “Both coasts have joined the movement, including cities in New York, Pennsylvania, Maryland, Massachusetts, Washington, and Connecticut,” says Maria Haisley, RD, a clinical dietitian at Elkhart General Hospital in Indiana.

To make it easier to maintain a heart-healthy diet at home, in 2006, the U.S. Food and Drug Administration required all foods and beverages to list trans fats on the Nutrition Facts label, says Haisley. However, a food with less than 0.5 grams per serving can still be labeled as trans-fat free. “It’s important to not only read the Nutrition Facts panel on a package of food, but also the ingredient list,” says Lisa Sheehan-Smith, EdD, RD, associate professor of nutrition and food science at Middle Tennessee State University in Murfreesboro. “If partially hydrogenated vegetable oils are in the food and, in particular, near the beginning of the list, then that food contains trans fat — and more than you may realize. Those 0.3 and 0.4 grams do add up when you consume a processed food diet.” Here are 10 red-flag foods to avoid.

LOOK: 9 trans fat foods to avoid:

Fried Foods Aren't Friendly:
French fries, fried chicken, and other traditional fried dishes can be notorious trans-fat and high-cholesterol foods. “Instead of deep frying, try pan frying or sautéing," says Kim Kircherr, RD, a dietitian for Jewel-Osco supermarkets in Illinois. "This is a nice step in the right direction and eases the transition for people who are used to eating fried foods.” For a heart-healthy diet, be sure to use liquid oils like olive or canola as a heart-smarter fat and in a measured amount to keep total fat and calories in check.

Avoid Fast Food:
Fast food gets a lot of blame these days for problems with a high-cholesterol diet, but the reality is that many restaurant chains now offer heart-healthy diet options that you can order instead of those laden with trans fats. “On a menu, scan for foods that are fresh and steer clear of the fried foods and things loaded with cheese sauce and condiments,” Haisley suggests. “Look for salads, grilled fish or chicken, baked chips, baked potato, fruit, and ask for condiments to be on the side, so you are in control. Also, skip the fried desserts, cookies, and pies, and look for a fresh fruit or yogurt treat.”

Nix The Non-Dairy Creamer:
Many people choose non-dairy creamer as a simple, inexpensive way to add flavor to their morning coffee; what they don't realize is that it contains trans fats that can contribute to high cholesterol. “Try one per cent milk instead,” says Kircherr. “It’s a richer-tasting choice than fat-free milk, but still acceptable on a heart-healthy diet. Want something thicker? Try evaporated skim milk.

Ditch Dessert Mixes:
Store-bought cake mixes and frostings may be convenient, but many have high amounts of trans fats, which makes their empty calories even less desirable for a heart-healthy diet. “Try baking a cake from scratch the good old-fashioned way,” suggests Haisley. “Incorporate healthy fats from oil, and sprinkle powdered sugar on top instead of frosting.” That’s a great alternative to high-cholesterol butter cream, too.

Choose Frozen Dinners Carefully:
You don’t have to skip the frozen food aisle when you’re shopping for a heart-healthy diet. You just need to discern between the nutritious choices and those trans-fat and high-cholesterol containing foods by reading labels and choosing foods nearest to their natural form. “Stock up on frozen veggies and fruits without sauces to add to casseroles, soups, stews, and smoothies, and look for lean or extra-lean protein sources,” says Kircherr. “Choose fish that’s not breaded, and remember that how you cook and serve it at home matters, too.”

Dump The Doughnut:
When it comes to doughy treats, the best way to avoid trans fats is to avoid these high-cholesterol foods entirely. “Doughnuts usually only come one way, and that way is fried,” says Haisley. “If you want to maintain your heart-healthy diet, choose something else. Good options are whole-grain toast, English muffins, a bran muffin, or a fruit and yogurt treat.”

Stick It To Stick Margarine:
For years, people believed that stick margarine was a better choice than butter as far as high-cholesterol foods go. Then we learned that it’s absolutely loaded with trans fats. For your heart-healthy diet, “choose a soft, tub margarine with the least amount of trans/saturated fat, or try one of the sprays for flavor without all that fat or calories,” suggests Kircherr.

Don't Rely On Refrigerated Dough:
They seem so easy and convenient, but many of those tubes of refrigerator-case dough — the kind pre-cut for biscuits, cinnamon rolls, cookies, and the like — are loaded with trans fats. For a heart-healthy diet, “go for whole-grain rolls or bread instead, as an addition to your meal,” says Haisley. Or, as with cakes, make your own with wholesome ingredients and unsaturated, omega-3-rich oil.

Part Ways With Microwave Popcorn:
Popcorn can be part of a heart-healthy diet, but not when it’s loaded with salt, high-cholesterol butter, and other unhealthy ingredients. And with many brands of microwave popcorn, you’ll often find unwanted trans fats as well. “Air-pop your own kernels and add your own flavors and spices,” says Haisley. “Try it sweet, too, with a small amount of honey and cinnamon.”

Hollister Clothing Unfriendly To Disabled: Judge

2013-05-22T15:53:32Z

DENVER — A federal judge in Denver is contemplating an injunction against Abercrombie & Fitch Co. and J.M. Hollister LLC after ruling earlier that nearly 250 of their clothing stores that cater to a hip, young clientele are unfriendly to the disabled.

The lawsuit was filed on behalf of several Colorado customers who said they had trouble getting into the retailers and that the sales countertops are too high.

Lawyer Amy Robertson, who represents the disabled in the lawsuit, compared the case with the fight against racial segregation in the 1960s.

She said that in one case, Julie Farrar, who is confined to a wheelchair, had trouble when she tried to go with her daughter through a side door of one the Colorado stores because there was no access to the front door. She and several other disabled patrons filed a lawsuit in 2009.

Attorneys for Hollister objected to the race reference in court documents that referred to the side doors as "a separate, segregated entrance," calling it "grossly inaccurate and needlessly inflammatory" and asked that it be stricken.

The stores put signs on the sides of the doors, one for "Dudes" and the other for "Bettys," and argued that they were complying with federal regulations because the side doors were accessible to the able-bodied and disabled alike, Robertson said.

"In the Jim Crow era, you had a white entrance and a colored entrance off to the side. These stores put up signs for Dudes and Bettys and called it integrated," she said Wednesday.

In a statement on the ruling Wednesday, Farrar said she was embarrassed by the experience.

"As a person who has grown up with a disability who was excluded from many public and private buildings and experiences (including) school, dining, shopping, arguably because those buildings were built pre-ADA (Americans With Disabilities Act), I am simply referencing an attitude of exclusion that was prevalent during that time," she said.

Attempts by the companies to pass off side entrances as accessible to the disabled are a sham, Farrar said.

"The (side) entrances are artificial two steps up and two steps down, built to create an atmosphere for marketing purposes. That is what makes them illegal," she said.

New Albany, Ohio-based Abercrombie & Fitch is the parent company of Hollister. The companies said earlier they complied with all construction standards in effect at the time. Lawyers for the companies did not immediately return phone calls seeking comment on Wednesday.

Judge Wiley Daniel agreed in March with the Colorado Cross-Disability Coalition that the retailers limited access for customers in wheelchairs. The only remedy under the ADA is an injunction ordering the problems to be fixed, though individuals couldn't be compensated, he said.

On Friday, Daniel received recommendations from both parties on what should be done to correct the problem.

An attorney for the company said in a response filed Friday that the judge needs to hold a hearing to determine the best way to balance the needs of both sides. The companies said it would be too expensive to redo the entry doors, requiring them to close the doors for up to 10 days, causing disruption for its customers and costing another $8 million, in addition to $11 million already spent in an effort to bring the entrances up to standards.

The companies said it is not physically possible to install ramps located in shopping malls, and closing off elevated entrances would be "the worst and least acceptable" of the three solutions because it would be confusing to customers and cause "immense ... loss in sales and revenue" and "permanent damage to the Hollister brand."

Phil Powers: Protecting the Places We Climb

2013-05-22T15:13:27Z

Interior Secretary Sally Jewell's official bio says that she "has scaled Mt. Rainier on seven occasions, and recently climbed Vinson Massif, the highest mountain in Antarctica. Jewell has worked to ensure that public lands are accessible and relevant to all people from all backgrounds, and to build a connection between the great outdoors and a new generation of Americans."

This mountain-climbing experience is notable, not just because it reflects Sally Jewell's skills as a climber, but her leadership and dedication as a Secretary. Accomplished climber Junko Tabei, the first woman to climb Everest, said in 1975: "Technique and ability alone do not get you to the top; it is the willpower that is the most important. This willpower you cannot buy with money or be given by others...it rises from your heart."

Secretary Jewell's heart may propel her up mountains, but it also keeps hercommitted to the protection of the mountains. Climbers are a diverse group with wide-ranging backgrounds and politics, but there is one thing we share -- a drive to protect the public lands where we find our crags and mountains. We work toward the preservation of our nation's public lands and champion the value of recreation as an economic engine and a source for the human value of stewardship.

Already, outdoor recreation employs 6.1 million Americans, and the sector is growing about 5 percent annually. Conservation and access for recreation, including climbing, biking, hiking, and fishing make this economic impact possible.

The Outdoor Industry Association reports "participation in outdoor recreation reached a five-year high in 2011, with nearly 50 percent of all Americans ages six and older enjoying the outdoors."

What else does one in every two Americans have in common? According to the 2013 Colorado College poll, 50 percent of voters in the West and nationally are concerned about children not spending enough time in the outdoors and in nature.

We agree. Secretary Jewell already has a strong track record in both protecting public lands and in getting more Americans -- including our youth -- outdoors. As she knows, engaging the next generation in conservation is critical if we are to continue protect the places we now enjoy.

The American Alpine Club advocates for opportunities to climb on American public lands and the importance of protecting the places we climb. We look forward to collaborating with Secretary Jewell to protect even more public lands and encourage even more Americans to get outdoors and help care for the places we all love, whether that is through stewardship or volunteerism. When conservation and recreation are on equal ground with development, we can protect our public lands for our mutual benefit today, and for the next generation of climbers.

How To Help Animals Affected By The Oklahoma Tornado

2013-05-22T14:34:27Z

From Vetstreet staff:

When a massive tornado plowed through Moore, Okla., on Monday, it left at least two dozen people dead, schools and homes flattened and many pets and other animals displaced and injured.

There are plenty of agencies jumping in to help — bringing in search dogs, collecting food for animals and connecting lost pets with their loved ones.

Vetstreet has compiled the information below for those who are in need of help and those who’d like to join the effort. If you’d like to help all victims, visit the Red Cross website or text the word DONATE to the Red Cross number (90999) to give $25 or text the word REDCROSS to the same number to give $10.

Donate Money, Food and Supplies

Search Dog Foundation: Based in California, this group is going into dangerous places to help rescue victims in Oklahoma. You can make a donation on its website.

Oklahoma City Animal Shelter: If you would like to donate for the animals, contact Cathryn English with the Oklahoma City Animal Shelter. It needs food, blankets, and towels right now, but it is best to call and ask first. Call (405) 297-3100 or (405) 297-3088.

Pet Food Pantry of Oklahoma City: This nonprofit is accepting food donations and offering dog food, cat food, leashes, collars, food bowls and other supplies to those in need. Call (405) 664-2858.

Central Oklahoma Humane Society is in need of towels, paper towels, gloves and food for volunteers. Donations can be dropped off at either 5420 N. Classen Blvd., Oklahoma City, OK, or 2905 70th St. NW, Oklahoma City, OK. Visit its website to make a donation to its disaster relief fund.

Lost and Found Pets

Animal Resource Center: If you find displaced animals, you can take them to the Animal Resource Center at 7949 S. I-35 Service Road, Oklahoma City, OK, 73149. The center is posting information on the pets it is caring for on its Facebook page. It is also offering displaced people shelter for the night. Call (405) 604-2892.

Annie's Ruff House is taking in dogs displaced by the storm. It's located at 1043 N. University Blvd., Norman, OK. Call (405) 310-3084.

The Edmond Sun Found Pets: The local newspaper is posting descriptions of animals who have been found and are seeking their owners.

OKC Lost Pets: This website was set up specifically to respond to this disaster. It is a virtual bulletin board for those who have lost or found pets.

Moore Oklahoma Tornado Lost and Found Animals: Nearly 4,000 people are following this Facebook page, where you can post about lost and found pets.

McClain County Animal Response Team is posting information on lost and found animals on its Facebook page. Contact Donnell Weatherall at (405) 301-7904 for animal rescuing and sheltering.

Oklahoma Animal Lost and Found Tornado Group is a Facebook group for sharing information on lost and found pets.

Resource for Displaced Horses: Yvette Fees has offered to take in displaced horses; She lives in the Moore area but was not impacted by the tornado. She has a trailer and can assist in transporting horses to her property. She can be reached at (405) 589-0883 or at yvettefees@aol.com.

1 Day Ranch: The owner of this rescue is headed to Moore and says it can help with dogs, horses and other small livestock. It also has some first aid items for animals who’ve sustained injuries, and can help with transport if needed. Please contact Maeghan at (405) 226-1946 if you need any help.

Wildlife Ambassadors is offering temporary shelter for exotic animals (birds, ferrets, reptiles) at their USDA licensed facility. Call 405-426-5642 or 405-863-7614.

Veterinarian Triage Areas and Clinics

Penn South Pet Clinic is a veterinary clinic that's taking in lost pets.

Update 5/22 12 PM: The triage area that was set up at Home Depot in Moore on Monday has been moved. Veterinary personnel are now offering care at the Cleveland County Fairgrounds in Norman. The address is 615 E. Robinson, Norman, OK 73071.

As the situation continues to change in Moore, there will likely be more groups offering help, and we want to get the word out. Please share any additional information in the comments below.

And for veterinarian-approved advice on caring for pets during natural disasters and other emergencies, please visit our disaster preparedness page.

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Gessler Taps Auditor To Examine Spending At Heart Of Ethics Complaint

2013-05-22T14:13:16Z

From The Colorado Independent's John Tomasic.

Colorado Secretary of State Scott Gessler appears to have had himself audited.

In a witness list he sent Tuesday to the parties involved in an investigation of his discretionary spending last year, Gessler included the name of accountant Kevin Collins. According to the witness list, Collins, a partner at the Greenwood Village firm Clifton-Larson-Allen whose resume is attached as Exhibit A to the witness list below, has examined Gessler’s spending as well as the complaint against him and other related documents and will testify as an expert witness “to the process of audit for sums spent” and “the legitimacy of the expenses paid” to Gessler last year that are at the heart of the investigation.

Neither Collins nor the secretary of state’s office returned messages asking for comment yesterday.

The Colorado Independent Ethics Commission is investigating a complaint filed by left-leaning nonprofit Colorado Ethics Watch that the Secretary improperly used public money for political purposes. The complaint centers around $1,992 Gessler spent mostly for travel to Florida for the 2012 Republican National Convention and for a Republican National Lawyers Association meeting. On his reimbursement forms, Gessler said he was conducting state business. He failed to submit receipts for expenses.

For state politics watchers, news of any audit-like review conducted by Collins may come as a surprise.

Democratic lawmakers in December proposed a state audit of the Republican Secretary’s spending as a way to remove some of the politics from the charges. The proposal was passed by the Legislative Audit Committee on a bipartisan 7-0 vote. But as the investigation into the complaint progressed this year and as Gessler’s profile as an embattled conservative figure grew, consensus broke down. Newly appointed Republican members of the audit committee defended Gessler against what they characterized as a partisan fishing expedition and a waste of taxpayer money.

State auditors told the Committee that a proper audit of the Secretary’s spending would cost between $150,000 and $175,000.

“Up to $175,000 to look at $2,000 of discretionary funds in travel expenses. That’s not a good value for our tax dollars,” Grand Junction Republican Senator and audit committee member Steve King said at the time.

It’s unclear how much Collins’ review of the complaint and the spending has cost tax-payers.

Gessler had already drawn significantly from his office’s legal services budget to hire a high-profile team of three attorneys to defend him against the complaint. The lawyers have billed well more than $60,000 for their work on the case so far, and they have worked the complaint hard, filing a series of legal motions that have questioned the legitimacy of the ethics commission and the motivations of some of its members.

The witness list submitted by the Gessler defense team for the scheduled June 7 hearing is extensive and star-studded. In addition to Collins, it includes former Secretary of State Bernie Buescher as a definite witness. The list of “may call” or possible witnesses includes the top officials in the state, officeholders such as Governor John Hickenlooper, Lieutenant Governor Joe Garcia, Attorney General John Suthers, Senate President John Morse and State Treasurer Walker Stapleton.

Gessler likely sees the ethics commission hearings as the best place to preemptively defend himself against any charges that may come of the criminal investigation also launched last year into the spending by Denver District Attorney Mitch Morrissey.

The The Denver Post reported last week that Gessler is considering a 2014 run for governor.

Secretary of State Scott E Gessler's Witness List

AAA's Memorial Day Traffic Predictions

2013-05-22T13:59:00Z

By Anna Louie Sussman

May 22 (NEW YORK) - More Americans will take to the road over the Memorial Day holiday weekend this year than in 2012, but overall travel is expected to decline slightly, as high airfares ground would-be flyers, travel group AAA said on Wednesday.

"American travelers are experiencing fee fatigue and frustration with everything from higher fares to airport security," AAA President and CEO Robert Darbelnet said in a statement.

"As a result, many are choosing road travel in higher numbers due to the lower cost and convenience it offers."

According to a survey, 34.8 million Americans will travel 50 miles or more over the holiday weekend, which falls between Thursday, May 23 and Monday, May 27, a decline of 0.9 percent from last year, AAA said.

The eight percent decline in air travel will be offset by an additional 100,000 Americans on the roads, AAA forecast. The number of Americans traveling by automobile is expected to rise to 31.2 million, up from 31.1 million last year, the group said.

The majority of the 306 respondents interviewed said gasoline prices would not impact travel plans. Of the 38 percent who did cite fuel prices, 27 percent planned to cut spending in other areas, such as by shortening the length of the trip.

The average distance traveled is expected to stretch to 690 miles, 48 miles more than last year's average. Short trips, those under 150 miles, will make up only 13 percent of all trips, down from 21 percent last year.

The travel group's daily fuel gauge report showed gasoline prices at $3.66 a gallon on average as of Wednesday, May 22, down from the year-ago levels of $3.68.

(Reporting by Anna Louie Sussman; editing by Sofina Mirza-Reid)

Americans Are More Stressed About Their Homes Than You Think

2013-05-22T13:43:03Z

When the clutter in our home starts mounting, our stress levels rise right along with it. Dishes pile up, laundry bins overflow, belongings get misplaced and surfaces go uncleaned for too long -- and in turn, we become not only more worried about about keeping the home clean, but also more stressed out in general.

Home organization is one of the most universal stress triggers, according to a recent online survey. Eighty-four percent of recently stressed Americans say they worry that their home isn't clean or organized enough, while 47 percent of all respondents said that concerns about home cleanliness and organization caused them stress in the past month, making the home the fifth most-common stress trigger.

The survey, conducted online by an internal research team on behalf of the Huffington Post, polled over 1,000 U.S. adults, revealing a perhaps unsurprising truth: Americans are stressed out. According to the data, 91 percent of Americans were stressed about something in the past month, and 77 percent said that they were stressed regularly.

Among all those who experienced some level of stress about home organization, nearly a third expressed being very or extremely stressed by their homes. And it wasn't just a stressor for women: 81 percent of men and 87 percent of women who reported experiencing anxiety over home upkeep.

Home organization was as much of a stress trigger for Americans as unexpected expenses (also 47 percent), and was a more common cause of stress than not having enough time for loved ones (46 percent) and not having enough time to yourself (45 percent). Getting dinner on the table was another source of domestic stress, with 33 percent saying that trying to cook healthy meals was a source of worry.

The main culprit of home-related stress was clutter, which many survey respondents describe as being overwhelming for them. One anonymous commenter said that keeping things organized and clutter under control is a "constant struggle."

"Clutter in the house causes me to feel stressed when getting something done or getting ready for anything," another respondent added.

And it's true: Clutter can up your anxiety levels. Research has shown clutter to raise levels of the stress hormone cortisol, and in the workplace, excess clutter can result in decreased productivity and unprofessional behavior.

When clutter takes over, the home -- which should be a respite from daily anxieties -- can become a significant contributor to our overall stress levels. The survey found that those who are stressed about home organization tend to be more stressed out in general: 70 percent of those who were very or extremely stressed about home organization were stressed in general every day or almost every day in the past month, versus only 35 percent of those who were not worried about home clutter.

Combating clutter in your house or apartment is instrumental in creating a calming environment where you feel relaxed, and lowering overall stress levels. The best way to tackle cleaning and organization in your home is to implement small daily routines and actions that will, over time, result in a better-kept home. Get through unwanted piles and excess "stuff" with these tips and tricks for clearing out clutter and expert strategies for tackling both physical and psychological clutter.

It's also important to make sure that everyone in the home is pulling their weight: Over four in five respondents who were worried about their homes felt like they were responsible for a larger amount of household than others who live with them. Try breaking up cleaning responsibilities or areas of the home into manageable bits, and then assigning them to different roommates or family members so that everyone's tasks are clearly outlined and the work is evenly divided.

Once your home is clean and clutter-free, it will be easier to maintain the level of cleanliness you desire: A 2012 review of studies found that people are significantly more likely to litter in already-messy environments than they are in clean environments. The same theory applies to the home as well -- when you have a clean, relaxing space, you'll want to keep it that way.

Hickenlooper May Announce Dunlap Execution Decision Soon

2013-05-22T13:22:14Z

Gov. John Hickenlooper may announce the fate of death row inmate Nathan Dunlap as early as Wednesday.

Hickenlooper's spokesman Eric Brown told The Denver Post on Tuesday night that an announcement on Dunlap's possible execution on Wednesday was "not out of the question."

Supporting the possibility of a Wednesday announcement, 9News reported that the Arapahoe County District Attorney's Office has requested a permit for a press conference event at the Capitol between 2 p.m. and 4 p.m. on Wednesday. A press conference was slated for Friday by the district attorney.

“The victims asked us to be as expeditious as we possibly could be, and the governor is doing everything he can to honor that request,” Roxane White, Hickenlooper’s Chief of Staff, told FOX31 Tuesday.

Dunlap has been on death row since 1996 when a jury convicted him of killing four people -- three teenagers and a mother of two -- at a Chuck E. Cheese's restaurant in 1993. Dunlap is scheduled for execution on August 18 unless the governor grants him clemency.

The method by which Dunlap may be executed has not been revealed by the state and on Tuesday, the ACLU of Colorado filed a lawsuit Tuesday morning contending that the state's secretive death penalty protocols violate the public's right to know.

The lawsuit seeks to compel the state's Department of Corrections to reveal its communications with pharmacies regarding what drug or drugs will be used to carry out the execution of convicted death row inmate Nathan Dunlap.

“By refusing to disclose the details of the execution procedure, including the drug or drugs that may be used and how they are obtained, as well as information about the companies that may be supplying the chemicals, CDOC infringes, without adequate justification, on the public’s legitimate right to information about how its government operates with regard to one of its most serious undertakings,” said ACLU of Colorado Legal Director Mark Silverstein.

Rescuers Continue Search For Tornado Survivors

2013-05-22T06:29:00Z

MOORE, Okla., May 22 (Reuters) - Rescue efforts in the tornado-ravaged Oklahoma City suburb of Moore continued through the night into Wednesday morning, with officials increasingly confident that everyone caught in the disaster had been accounted for.

The massive tornado that tore through the area on Monday wiped out blocks of houses, killed at least 24 people and injured about 240.

(SCROLL DOWN FOR LIVE UPDATES)

Jerry Lojka, spokesman for Oklahoma Emergency Management, said search-and-rescue dog teams would search on Wednesday for anybody trapped under the rubble, but that attention would also be focused on a huge cleanup job.

"They will continue the searches of areas to be sure nothing is overlooked," he said, adding: "There's going to be more of a transition to recovery."

After a long day of searching through shattered homes that was slowed by rainy weather, Oklahoma County commissioner Brian Maughan said it seemed no one was missing.

"As far as I know, of the list of people that we have had that they are all accounted for in one way or another," he said.

As he spoke on Tuesday evening, dog teams and members of the National Guard were changing shifts to work through the night.

The death toll of 24 was lower than initially feared, but nine children were among the dead, including seven who died at Plaza Towers Elementary School which took a direct hit by the deadliest tornado to strike the United States in two years.

Emergency workers pulled more than 100 survivors from the debris of homes, schools and a hospital after the tornado ripped through the Oklahoma City region with winds exceeding 200 miles per hour, leaving a trail of destruction 17 miles long and 1.3 miles wide.

Plaza Towers Elementary was one of five schools in its path. "They (rescuers) literally were lifting walls up and kids were coming out," Oklahoma State Police Sgt. Jeremy Lewis said. "They pulled kids out from under cinder blocks without a scratch on them."

The National Weather Service upgraded its calculation of the storm's strength on Tuesday, saying it was a rare EF5, the most powerful ranking on the Enhanced Fujita Scale

"I LOOKED UP AND SAW THE TORNADO"

The last time a giant twister tore through the area, on May 3, 1999, it killed more than 40 people and destroyed thousands of homes. That tornado also ranked as an EF5.

While Lojka said a flyover of the affected area on Tuesday showed 2,400 homes damaged or obliterated, with an estimated 10,000 people affected, the death toll was lower than might have been expected.

The toll was also a fraction of that of the 2011 twister in Joplin, Mo., which killed 161 people.

In the hours following the storm, many more people were feared dead. At one point, the Oklahoma state medical examiner's office said the toll could rise as high as 91, but on Tuesday officials said 24 bodies had been recovered, down from a previous tally of 51.

"There was a lot of chaos," said Amy Elliott, chief administrative officer for the medical examiner.

Some ascribe the relatively low number of dead residents discovered in Moore, home to 55,000 people, to the fact many locals have small "storm safe" shelters, basically a concrete hole in the garage floor with a sliding roof that locks.

Billy McElrath, 50, of Oklahoma City, said his wife hid in a storm safe in their garage when the tornado hit.

She emerged unhurt even though the storm destroyed the 1968 Corvette convertible she had bought him as a birthday present, and crushed a motorcycle. "Everything else is just trashed," he said as he loaded a pickup with salvaged goods.

Kraig Boozier, 47, took to his own small shelter in the Westmoor subdivision of Oklahoma City and watched in shock as a fan in the wall was ripped out.

"I looked up and saw the tornado above me," he said.

When he came out after the storm, he helped a neighbor who had emerged from her own shelter move a car that was blocking the entrance to another neighbor's shelter.

EARLY WARNING

Officials said another factor behind the surprisingly low death toll was the early warning, with meteorologists saying days in advance that a storm system was forming.

Once a tornado was forming, people had 15 to 20 minutes of warning, which meant they could take shelter or flee the projected path. The weather service also has new, sterner warnings about deadly tornadoes to get people's attention.

Many of those who do not have a basic storm shelter at home, which can cost $2,500 to $5,000, have learned from warnings over the year to seek hiding places at home during a tornado.

Jackie Raper, 73, and her daughter, for instance, sought shelter in the bathtub in her house in Oklahoma City to survive the tornado.

"The house fell on top of her," said Caylin Burgett, 16, who says Raper is like a grandmother to her. Raper broke her arm and femur, and bruised her lungs, Burgett said.

(Additional reporting by Carey Gillam, Lindsay Morris, Nick Carey, Brendan O'Brien and Greg McCune; Writing by Claudia Parsons and Jim Loney; Editing by Pravin Char)

Obama Applauds Immigration Bill Vote

2013-05-22T04:42:18Z

President Barack Obama lauded the Senate Judiciary Committee's passing of an immigration bill on Tuesday, calling the action "a strong bipartisan vote."

Obama released a statement after the Senate's 13-5 decision in favor of the measure, applauding the inclusion of many of the "principles of commonsense reform" he has proposed.

Below, Obama's full remarks as released by the White House:

I congratulate the Senate Judiciary Committee on completing its work on S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. Thanks to the leadership of Chairman Leahy and a bipartisan group of eight Senators, the legislation that passed the Judiciary Committee with a strong bipartisan vote is largely consistent with the principles of commonsense reform I have proposed and meets the challenge of fixing our broken immigration system. The process for considering this legislation has been open and inclusive with multiple hearings, and more than a hundred amendments were considered and adopted, in many cases with bipartisan support. I applaud the Committee members for their hard work, especially “Gang of Eight” members Senators Schumer, Durbin, Graham and Flake. None of the Committee members got everything they wanted, and neither did I , but in the end, we all owe it to the American people to get the best possible result over the finish line. I encourage the full Senate to bring this bipartisan bill to the floor at the at the earliest possible opportunity and remain hopeful that the amendment process will lead to further improvements.

House Republicans Press On With Slashing Cuts

2013-05-22T04:02:44Z

WASHINGTON -- Republicans controlling the House pressed ahead Tuesday with slashing cuts to domestic programs far deeper than the cuts departments like Education, Interior and State are facing under an already painful round of automatic austerity.

Veterans Affairs, Homeland Security and the Pentagon would be spared under the plan approved by the House Appropriations Committee on a party-line vote, but legislation responsible for federal firefighting efforts and Indian health care would absorb a cut of 18 percent below legislation adopted in March.

At issue are deep agency budget cuts required under automatic across-the-board reductions that are the result of Washington being unable to agree of alternative ways to curb the deficit. This year, the cuts are being applied to domestic agencies and the Pentagon both; Tuesday's plan is for the 2014 budget year beginning Oct. 1 and restores cuts to the military while making cuts to domestic programs favored by Democrats even deeper.

The plan lacks specifics but focuses the biggest cuts on a huge domestic spending bill that funds aid to local school districts, health research and enforcement of labor laws.

Capitol Hill's budget would be untouched, however. House GOP leaders, who have boasted recently of their efforts to cut Congress' generous budget, opted against cutting further below levels imposed under the automatic, across-the-board spending cuts that began taking effects in March. In fact, the House would get a 1.6 percent budget increase when measured against current levels.

The foreign aid budget would be sharply cut as well, while a bill funding the IRS budget and implementation of new financial regulations would absorb a 20 percent cut from levels approved just two months ago.

The panel's 12 funding bills make up the approximately $1 trillion portion of the $3.6 trillion federal budget that passes Congress each year in the form of day-to-day operating budgets for agencies. This so-called discretionary portion of the budget is moving through the Appropriations committees in an increasingly arduous path that bears little resemblance to the way Congress is supposed to do its work.

Under a 2011 budget deal, the panel was supposed to receive about $1.06 trillion for the 12 appropriations bills; the House panel is instead stuck with $967 billion under the so-called sequestration imposed as punishment for Washington's inability to follow up the 2011 deal with further deficit cuts.

"This is going to be a tough year," said House Appropriations Committee Chairman Harold Rogers, R-Ky. "The guillotine of sequestration has fallen, and I think we all agree that its consequences have been, and will continue to be, very harmful."

The panel's move came as Democrats and Republicans remain sharply apart on broader budget issues like taxes. Top Senate Democrats and a handful of sympathetic Republicans tried in futility Tuesday to take steps to create a House-Senate negotiating panel on broader budget issues like taxes and curbing the rising costs of benefit programs like Medicare and food stamps, whose budgets are mostly on autopilot. But tea party Republicans like Rand Paul of Kentucky are blocking the Senate from moving to create a so-called conference committee.

Action on a broader but nonbinding budget blueprint would also give the Appropriations panels of the GOP-controlled House and Democratic Senate a common number to work from. Instead, the Senate panel is drafting far more generous bills that total almost $100 billion above the companion House measures.

Neither House not Senate are likely to have much luck in advancing the measures very far unless a broader deal is made. Senate Republicans are likely to block bills above the House levels while the House is unlikely to be able to advance legislation cutting so deeply since Democrats are sure to withhold support.

Colorado Officials Decline To Detail How Dunlap Will Be Executed

2013-05-22T01:05:19Z

From The Colorado Independent's Susan Greene.

While political observers speculate on the factors shaping Colorado Gov. John Hickenlooper's thinking on whether or not to prevent the execution later this summer of convicted murderer Nathan Dunlap, civil libertarians are demanding to know how the procedure would be carried out.

In Colorado, capital punishment is administered by lethal injection. But the state chapter of the American Civil Liberties Union has been asking for information detailing which drugs, protocols and training would be used in what would be the first execution in the state since 1997. The Department of Corrections has refused the group's request.

On Tuesday, the ACLU filed suit in Denver District Court, arguing that information about the execution would facilitate public discussion about the death penalty here. Debate over execution by lethal injection often includes consideration of how the injection can be administered least painfully and of the ethical questions the procedure raises for the pharmacists supplying the drugs, for example.

"By refusing to disclose the details of the execution procedure, including the drug or drugs that may be used and how they are obtained, as well as information about the companies that may be supplying the chemicals, CDOC infringes, without adequate justification, on the public's legitimate right to information about how its government operates with regard to one of its most serious undertakings," said ACLU of Colorado Legal Director Mark Silverstein in a release.

The ACLU complaint cites the Colorado Board of Pharmacy Rules of Professional Conduct, which prohibits "any practice which detrimentally affects the patient" and state that a "pharmacist may not dispense a prescription drug or a controlled substance based on an order that does not list a specific patient."

Dunlap was convicted of killing four people at a Chuck E. Cheese's restaurant in 1993. A judge decided his execution will take place in late August on a day chosen by the DOC.

Hickenlooper is under pressure to commute Dunlap's sentence. One factor being raised is how race has played into sentencing in Colorado. Dunlap, like the two other prisoners on death row here, is African American in a state where, according to 2012 Census data, only 4.3 percent of the population is black.