Desperate for weapons, Syrian rebels make their own, fix tanks


ALEPPO PROVINCE, Syria (Reuters) - At a converted warehouse in the midst of a block of residential homes in a northern Syrian town, men are hard at work at giant lathes, shavings of metal gathering around them.

Sacks of potassium nitrate and sugar lie nearby.

In a neat row against the wall is the finished product, homemade mortars. Syrian rebels say they have been forced to make them because their calls for heavy weapons and ammunition to fight President Bashar al-Assad have gone unanswered.

"No one's giving us any support. So we're working on our own to strike Bashar," said a bearded man spinning the metal to create the warhead.

Using the Internet, the workshop of about seven men work together to try and perfect the crude weapons. For explosives, they pick out TNT from unexploded rockets that Assad's forces have fired towards them and repackage them into their own weapons. Each gave different estimates of the mortars' range.

"We're volunteers, we were workers, we were never soldiers. They're locally made. They don't have the strength of the regime's rockets, but they are having good effects," said Abu Mohammed, who said the mortars created a 3-1/2 meter crater.

Another worker said the mortars, which take about a day to make, could reach a distance of 6 km (almost 4 miles).

Although the rebels, who are mostly Sunni Muslim fighters, have made big gains in the northern and eastern parts of Syria in the 21-month conflict, they are outgunned by Assad's forces.

Some rebel groups are receiving supplies from Gulf states, and Western countries say they are giving non-lethal aid. But many rebels say they have not received anything.

Colonel Abdel-Jabbar Oqaidi, who heads the rebels' military council in Aleppo province, told Reuters last week that his forces are fighting without any help from the Western and Arab governments which want Assad removed from power.

"We aren't able to get any weapons from abroad. We have nothing except for the rifle to fight with," said another man at the workshop.

OLD TANKS

The success rate of the weapons is questionable. Two men said the mortars hit 80 to 90 percent of the targets, but there have been problems. Sometimes the mortars do not detonate, other times they explode prematurely.

"The more we practice, the more experience we get," said one of the men, explaining how they discovered that if they let the propelling agent mixture set for too long it absorbed humidity, which in turn stopped the mortar from detonating.

At one of the Aleppo frontline positions, rebels fired the mortars from a homemade tube, fashioned from piping on a mount made from a car axle.

The rebels have also been working on refurbishing weaponry acquired during takeovers of Assad's military bases.

Parked in a residential street, a group of men have been working on fixing a T-72 tank whose gear box was blown.

Abu Jumaa, one of the mechanics working on the 1970s tank, said fighters had taken it from an infantry college in north Syria that had recently fallen to rebel forces.

"We have no tanks, no planes, no artillery. All we have is what we get in spoils and we go to war against him (Assad) with what we get. That's the reality. We're forced to do this," he told Reuters.

"These tanks are useless in the first place. It can't be called a tank, It's a lump of scrap iron," he said gesturing at the chipped army green metal.

Rebel fighters on the frontline consistently complain of shortages of weapons and ammunition that have forced them to stop advances and focus on keeping the ground they have gained.

"We get 3,000 bullets a month. No anti-aircraft missiles ... everything is from the military bases (we take over)," said one young rebel fighter from the Supporters of Mohammed Brigade, wearing a plaid yellow and black turban.

Even though the rebels have managed to seize large quantities of weapons from military bases, they struggle with a chronic shortage of ammunition and weapons to target Assad's fighter jets.

"You see how the planes are striking all of us, not differentiating between old and young ... God has helped us, we've made these rockets and we're using them to hit back at them all over again," said Abu Mohammed.

(Editing by Peter Graff and Robin Pomeroy)

Ban on demanding Facebook passwords among new 2013 state laws


CHICAGO (Reuters) - Employers in California and Illinois will be prohibited from demanding access to workers' password-protected social networking accounts and teachers in Oregon will be required to report suspected student bullies thanks to new laws taking effect in 2013.

In all, more than 400 measures were enacted at the state level during 2012 and will become law in the new year, according to the National Conference of State Legislatures (NCSL).

Some of the statutes, which deal with everything from consumer protection to gun control and healthcare, take effect at the stroke of midnight. Others will not kick in until later in the year.

The raft of measures includes a new abortion restriction in New Hampshire, public-employee pension reform in California and Alabama, same-sex marriage in Maryland, and a requirement that private insurers in Alaska cover autism in kids and young adults, NCSL said.

In New Hampshire, a rarely used form of late-term abortion will become illegal except to save the life of the mother - and even then only if two doctors from separate hospitals certify the procedure is medically necessary.

John Lynch, the state's outgoing Democratic governor, had vetoed the measure, saying it would threaten the lives of women in rural areas. But the state's Republican-controlled legislature later overrode him.

In California and Illinois, laws that take effect at 12:01 a.m. local time will make it illegal for bosses to request social networking passwords or non-public online account information from their employees or job applicants.

Michigan's Republican Governor Rick Snyder signed a similar measure into law earlier this month that took effect immediately. The Michigan law also penalizes educational institutions for dismissing or failing to admit a student who does not provide passwords and other account information used to access private internet and email accounts, including social networks like Facebook and Twitter.

But workers and job seekers in all three states will still need to be careful what they post online: Employers may continue to use publicly available social networking information. So inappropriate pictures, tweets and other social media indiscretions can still come back to haunt them.

Gun violence - in places where it's all too common, such as Chicago, and in places where it's unexpected, such as Sandy Hook Elementary School in Newtown, Connecticut - was big news in 2012. But only a handful of new state firearms laws are set to take effect in 2013.

In Michigan, the definition of a "pistol" under the law will now include any firearm less than 26 inches in length. The new definition encompasses some rifles with folding stocks and will make the weapons subject to the same restrictions as pistols.

In Illinois, certain guns currently regulated by state law, including paintball guns, will be excluded from the definition of a firearm and participants in military re-enactments will be exempt from some weapons laws.

Another big story in 2012 was the effort by lawmakers in a number of cash-strapped states to put their public employee pension funds on a sounder financial footing.

In California and Alabama, reforms designed to begin to address the unfunded liabilities of those retirement systems will take effect in 2013.

Among the other new laws on the books in 2013:

* In California, prison workers and peace officers will now be prohibited from having sex with inmates and prisoners in transport.

* In Illinois, sex offenders will be prohibited from distributing candy on Halloween, or playing Santa or the Easter Bunny.

* In Oregon, employers won't be allowed to advertise a job vacancy if they won't consider applicants who are currently out of work.

* In Kentucky, residents will be prohibited from releasing feral or wild hogs back into the wild and Illinois will ban the possession and sale of shark fins.

* And in Florida, the term "motor vehicle" will no longer apply to the specialized all-terrain vehicles with over-sized tires known as "swamp buggies" that are popular in some parts of the state.

(Reporting by James B. Kelleher; Editing by Greg McCune and Nick Zieminski)

Facebook Instagram use dived after photo fiasco: AppData


SAN FRANCISCO (Reuters) - Facebook Inc's Instagram lost almost a quarter of its daily users a week after it rolled out and then withdrew policy changes that incensed users who feared the photo-sharing service would use their pictures without compensation.

Instagram, which Facebook bought for $715 million this year, saw the number of daily active users who accessed the service via Facebook bottom out at 12.4 million as of Friday, versus a peak of 16.4 million last week, according to data compiled by online tracker AppData.

The popular app, which allows people to add filters and effects to photos and share them over the Internet or smartphones, experienced the drop over the brief, often-volatile holiday period.

Other popular apps also saw slippage in usage, and some were more pronounced. Yelp, for instance, saw daily active users -- again via Facebook -- slide to a weekly low of half a million on Thursday, from a high of 820,000 one week ago.

Instagram disputed the AppData survey, which was compiled from users that have linked the photo service to their own Facebook accounts, historically between 20 and 30 percent of Instagram members.

"This data is inaccurate. We continue to see strong and steady growth in both registered and active users of Instagram," a spokeswoman said in an emailed statement on Friday.

Looking out over a broader timeframe, Instagram's monthly active users edged up to 43.6 million as of Friday, an increase of 1.7 million over the past seven days, according to AppData.

"We'll have to monitor the data over the coming weeks to gain perspective on trends in Instagram's performance," AppData marketing manager Ashley Taylor Anderson said in an email.

ATTENTION-SEEKING

The sharp slide in activity highlighted by AppData was bound to draw attention on the heels of the controversial revision to Instagram's terms of service that, among other things, allowed an advertiser to pay Instagram "to display your username, likeness, photos (along with any associated metadata)" without compensation.

The subsequent public outrage prompted an apology from Instagram founder Kevin Systrom. Last week, a California Instagram user sued the company for breach of contract and other claims, in what may have been the first civil lawsuit to stem from the controversial change.

Instagram subsequently reverted to some of its original language.

The move renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.

Analysts say Facebook, the world's largest social network, was laying the groundwork to begin generating advertising revenue, by giving marketers the right to display profile pictures and other personal information, such as who users follow in advertisements.

Its shares closed down 13 cents or 0.5 percent at $25.91 on the Nasdaq, in line with the broader market.

(Reporting By Edwin Chan; Editing by Leslie Adler and Andrew Hay)

Angry Birds, YouTube among top apps of 2012


TORONTO (Reuters) - Angry Birds, Instagram and Facebook continued to be among the most downloaded apps of the year but rising stars also earned coveted spots on smartphones and tablets.

This year consumers spent on average two hours each day using mobile applications, an increase of 35 percent over last year, according to analytics firm Flurry. The number is expected to continue growing in 2013.

"2012 was a transformative tipping point in the way consumers use apps," said Craig Palli, a vice president at mobile marketing company Fiksu, adding that the biggest shift is in consumers' eagerness to turn to apps for a broad range of day-to-day tasks.

Categories such as social networking, media and entertainment, photo editing, and games, continued to captivate consumer interest, with YouTube and Angry Birds being the top free and paid apps respectively at Apple's App Store.

Meanwhile, several apps released this year quickly joined the ranks of the top downloaded and revenue grossing apps of the year.

The game Draw Something for iPhone and Android quickly gained widespread popularity when it was released in February, and despite dropping off, is still the second most downloaded paid app of the year Android and Apple devices.

"It had a big run and other multi-player puzzle-oriented games like newcomers LetterPress and ScrambleWithFriends proved popular, too," Palli said. "But in many respects these titles were inspired by the more revolutionary Words With Friends."

Songza, a music-discovery app for iPhone, Android and Kindle Fire, saw significant growth in both the United States and Canada, where it is now one of the top free apps on the App Store.

Paper, a sketchbook app for the iPad, is estimated to be one of the top grossing apps released this year according to Distimo, an app analytics company. It was named by Apple as the iPad app of the year.

But the real revolution, according to Palli, is among consumers who are eager to turn to apps for their day-to-day tasks, such as finding a taxi or hotel, following current events or increasingly, making payments.

"It is really consumers who are turning to apps first and traditional methods second," said Palli.

Uber and Hailo, which allow users to book limos and taxis, and AirBnB and HotelTonight, for finding accommodations, began to move mainstream in 2012, Palli said.

Payment apps such as Square, and Apple's introduction of the Passbook has further positioned the smartphone as a digital wallet.

This year, during major events such as the Olympics, Hurricane Sandy and the U.S. presidential election, the top apps on the App Store reflected those events, said Palli, showing the demand for keeping up with current events through apps.

(Editing by Patricia Reaney and Bill Trott)

'The Hobbit' stays atop box office for third week


LOS ANGELES (AP) "The Hobbit: An Unexpected Journey" continues to rule them all at the box office, staying on top for a third-straight week and capping a record-setting $10.8 billion year in moviegoing.

The Warner Bros. fantasy epic from director Peter Jackson, based on the beloved J.R.R. Tolkien novel, made nearly $33 million this weekend, according to Sunday studio estimates, despite serious competition from some much-anticipated newcomers. It's now made a whopping $686.7 million worldwide and $222.7 million domestically alone.

Two big holiday movies and potential Academy Awards contenders also had strong openings. Quentin Tarantino's spaghetti Western-blaxploitation mash-up "Django Unchained" came in second place for the weekend with $30.7 million. The Weinstein Co. revenge comedy, starring Jamie Foxx as a slave in the Civil War South and Christoph Waltz as the bounty hunter who frees him and then makes him his partner, has earned $64 million since its Christmas Day opening.

And in third place with $28 million was the sweeping, all-singing "Les Miserables," based on the international musical sensation and the Victor Hugo novel of strife and uprising in 19th century France. The Universal Pictures film, with a cast of A-list actors singing live on camera led by Hugh Jackman, Anne Hathaway and Russell Crowe has made $67.5 million domestically and $116.2 worldwide since debuting on Christmas.

Additionally, the smash-hit James Bond adventure "Skyfall" has now made $1 billion internationally to become the most successful film yet in the 50-year franchise, Sony Pictures announced Sunday. The film stars Daniel Craig for the third time as the iconic British superspy.

"This is a great final weekend of the year," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. "How perfect to end this year on such a strong note with the top five films performing incredibly well."

The week's other new wide release, the Billy Crystal-Bette Midler comedy "Parental Guidance" from 20th Century Fox, made $14.8 million over the weekend for fourth place and $29.6 million total since opening on Christmas.

Dergarabedian described the holding power of "The Hobbit" in its third week as "just amazing." Jackson shot the film, the first of three prequels to his massively successful "Lord of the Rings" series, in 48 frames per second double the normal frame rate for a crisper, more detailed image. It's also available in the usual 24 frames per second and both 2-D and 3-D projections.

"I think people are catching up with the movie. Maybe they're seeing it in multiple formats," he said. "I think it's just a big epic that feels like a great way to end the moviegoing year. There's momentum there with this movie."

"Django Unchained" is just as much of an epic in its own stylishly violent way that's quintessentially Tarantino. Erik Lomis, The Weinstein Co.'s president of theatrical distribution, said the opening exceeded the studio's expectations.

"We're thrilled with it, clearly. We knew it was extremely competitive at Christmas, particularly when you look at the start 'Les Miz' got. We were sort of resigned to being behind them. The fact that we were able to overtake them over the weekend was just great," Lomis said. "Taking nothing away from their number, it's a tribute to the playability of 'Django.'"

"Les Miserables" went into its opening weekend with nearly $40 million in North American grosses, including $18.2 on Christmas Day. That's the second-best opening ever on the holiday following "Sherlock Holmes," which made $24.9 million on Christmas 2009. Tom Hooper, in a follow-up to his Oscar-winner "The King's Speech," directs an enormous, ambitious take on the beloved musical which has earned a CinemaScore of "A'' from audiences and "A-plus" from women.

Nikki Rocco, Universal's head of distribution, said the debut for "Les Miserables" also beat the studio's expectations.

"That $18.2 million Christmas Day opening people were shocked ... This is a musical!" she said. "Once people see it, they talk about how fabulous it is."

It all adds up to a record-setting year at the movies, beating the previous annual record of $10.6 billion set in 2009. Dergarabedian pointed out that the hits came scattered throughout the year, not just during the summer blockbuster season or prestige-picture time at the end. "Contraband," ''Safe House" and "The Vow" all performed well early on, but then when the big movies came, they were huge. "The Avengers" had the biggest opening ever with $207.4 million in May. The raunchy comedy "Ted" and comic-book behemoth "The Dark Knight Rises" both found enormous audiences. And Paul Thomas Anderson's challenging drama "The Master" shattered records in September when it opened on five screens in New York and Los Angeles with $736,311, for a staggering per-screen average of $147,262.

"We were able to get this record without scratching and clawing to a record," he said.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "The Hobbit: An Unexpected Journey," $32.9 million ($106.5 million international).

2. "Django Unchained," $30.7 million.

3. "Les Miserables," $28 million ($38.3 million international).

4. "Parental Guidance," $14.8 million ($7 million international).

5. "Jack Reacher," $14 million ($18.1 million).

6. "This Is 40," $13.2 million.

7. "Lincoln," $7.5 million.

8. "The Guilt Trip," $6.7 million.

9. "Monsters, Inc. 3-D," $6.4 million.

10. "Rise of the Guardians," $4.9 million ($11.6 million).

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Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. "The Hobbit: An Unexpected Journey," $106.5 million.

2. "Life of Pi," $39.2 million.

3. "Les Miserables," $38.3 million.

4. "Wreck-It Ralph," $20.4 million.

5. "Jack Reacher," $18.1 million.

6. "Rise of the Guardians," $11.6 million.

7. "Parental Guidance," $7 million.

8. "The Tower," $6.6 million.

9. "Pitch Perfect," $6.2 million.

10. "De L'autre Cote Du Periph," $4 million.

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Online:

http://www.hollywood.com

http://www.rentrak.com

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

Hundreds of thousands to ring in 2013 in NYC


NEW YORK (AP) Hundreds of thousands of revelers from around the globe are expected to cram into New York City's Times Square to see the ball drop and ring in 2013.

The giant ball is covered with 2,688 Waterford crystal triangles and illuminated by more than 32,000 LEDs in red, blue, green and white.

Security will be tight.

Police Commissioner Raymond Kelly says Times Square will be the "safest place in the world on New Year's Eve."

Along with an army of uniformed officers, police will use barriers to prevent overcrowding and for checkpoints to inspect vehicles, enforce a ban on alcohol and check handbags.

Plainclothes officers are assigned to blend into the crowd.

Kelly stressed there are no specific terror threats related to the celebration.

Kanye West, Kim Kardashian expecting baby: reports


(Reuters) - Rapper Kanye West and reality TV star Kim Kardashian are expecting their first child, celebrity media outlets reported on Monday.

Fans and family took to Twitter to congratulate the celebrity power couple.

"Been wanting to shout from the rooftops with joy and now I can!" wrote Kardashian's sister Kourtney. "Another angel to welcome to our family. Overwhelmed with excitement!"

According to E! News, West, 35, announced the news from the stage at a concert in Atlantic City on Sunday.

Kardashian, 32, who rose to fame five years ago for her appearances in reality TV show "Keeping Up with the Kardashians", was the most-searched person on the Yahoo! website in 2012.

She married basketball player Kris Humphries in August, 2011, in a lavish, made-for-TV wedding, but the couple divorced just 72 days later.

(Editing by Paul Casciato)

9 killed in tour bus crash along Oregon highway


PENDLETON, Ore. (AP) A tour bus careened through a guardrail along an icy Oregon highway and 100 feet down a steep embankment Sunday, killing nine people and injuring more than 20 others, authorities said.

The charter bus carrying about 40 people lost control around 10:30 a.m. on snow- and ice-covered lanes of Interstate 84 in a rural area of eastern Oregon, according to the Oregon State Police. The bus crashed near the start of a 7-mile section of road that winds down a hill.

The bus came to rest at the bottom of a snowy slope and landed upright, with little or no debris visible around the crash site.

More than a dozen rescue workers descended the hill and used ropes to help retrieve people from the wreckage in freezing weather. The bus driver was among the survivors, but had not yet spoken to police because of the severity of the injuries the driver had suffered.

Lt. Gregg Hastings said the bus crashed along the west end of the Blue Mountains, and west of an area called Deadman Pass. The area is so dangerous the state transportation department published specific warnings for truck drivers, advising it had "some of the most changeable and severe weather conditions in the Northwest" and can lead to slick conditions and poor visibility.

St. Anthony Hospital in Pendleton treated 26 people from the accident, said hospital spokesman Larry Blanc. Five of those treated at St. Anthony were transported to other facilities.

The East Oregonian said it spoke with two South Korean passengers, ages 16 and 17. Both said through a translator that they were seated near the rear of the bus when it swerved a few times, hit the guardrail and flipped. They described breaking glass and seeing passengers pinned by their seats as the bus slid down the hill. Both said that they feared for their lives.

The paper said that the teens, one of whom injured a knee and the other suffered a broken collarbone, were staying at a hotel arranged by the Red Cross.

I-84 is a major east-west highway through Oregon that follows the Columbia River Gorge.

Umatilla County Emergency Manager Jack Remillard said the bus was owned by Mi Joo travel in Vancouver, B.C., and state police said the bus was en route from Las Vegas to Vancouver.

A woman who answered the phone at a listing for the company confirmed with The Associated Press that it owned the bus and said it was on a tour of the Western U.S. She declined to give her name.

A bus safety website run by the U.S. Department of Transportation said Mi Joo Tour & Travel has six buses, none of which have been involved in any accidents in at least the past two years.

The bus crash was the second fatal accident on the same highway in Oregon on Sunday. A 69-year-old man died in a rollover accident about 30 miles west of the area where the bus crashed.

A spokesman for the American Bus Association said buses carry more than 700 million passengers a year in the United States.

"The industry as a whole is a very safe industry," said Dan Ronan of the Washington, D.C.,-based group. "There are only a handful of accidents every year. Comparatively speaking, we're the safest form of surface transportation."

The bus crash comes more than two months after another chartered tour bus in October veered off a highway in northern Arizona, killing the driver and injuring dozens of passengers who were mostly tourists from Asia and Europe. Authorities say the driver likely had a medical episode.

Asia stocks wilt hours before US fiscal cliff hits


BANGKOK (AP) With just hours left before the U.S. hits the "fiscal cliff," stocks on the other side of the world wilted as investors sold off riskier assets to lock in profits just in case budget negotiations fail in Washington.

American political leaders face a Monday night deadline to reach an agreement before steep tax increases and spending cuts begin to take effect Jan. 1 this, at a time when the U.S. economy is still struggling to recover from the last recession.

Democrats and Republicans have failed so far to reach a budget deal despite intense negotiations. Much of the impasse centers on how to address the automatic tax increases that take effect in 2013. That's when tax cuts first enacted under President George W. Bush, and extended under President Barack Obama, are scheduled to expire.

That would drive taxes up for nearly all Americans and deplete the already fragile economy of $600 billion. And budget cuts of 8 percent or 9 percent would hit most of the federal government, touching all sorts of things from the military to weather forecasting.

Some economists predict the tax-and-spending effects of the fiscal cliff could eventually throw the economy into recession. If the deadline passes, politicians still have a few weeks to keep the tax hikes and spending cuts at bay by repealing them retroactively once a deal is reached.

Still, the failure to adhere to the deadline will be bad for investor confidence, according to Francis Lun, managing director of Lyncean Holdings in Hong Kong.

"I think the market reaction to that will be very negative. This means the U.S. will never be able to bring its house in order. And the deficit will continue to accumulate," Lun said. "No meaningful reform and no solution in sight. You can throw confidence out of the window."

The uncertainty drove down stock markets on the last trading day of the year. Australia's S&P/ASX 200 fell 0.5 percent to 4,648.90. Hong Kong's Hang Seng, trading for a half-day, was flat at 22,668.48. Benchmarks in New Zealand, Singapore and India also declined. Mainland Chinese stocks rose. Markets in Japan and South Korea were closed for the New Year's holidays.

Even if Washington bypasses the fiscal cliff, the next crisis is just around the corner, in late February or early March, when the government reaches a $16.4 trillion ceiling on the amount of money it can borrow.

Republicans won't go along with raising the limit on government borrowing unless the increase is matched by spending cuts to help attack the long-term debt problem. Failing to raise the debt ceiling could lead to a first-ever U.S. default that would roil the financial markets and shake worldwide confidence in the United States.

Compounding that is U.S. earnings season in February, according to Peter Esho, chief market analyst at CityIndex in Sydney.

"There are some very aggressive assumptions for earnings to improve in 2013 and ... if the earnings numbers don't meet expectations, it is going to be quite disappointing," Esho said.

Benchmark oil for February delivery fell 8 cents to $90.72 per barrel in electronic trading on the New York Mercantile Exchange. The contract fell 7 cents to finish at $90.80 per barrel in New York on Friday.

In currencies, the euro fell to $1.3215 from $1.3221 late Friday in New York. The dollar fell to 85.95 yen from 86.07 yen.

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Follow Pamela Sampson on Twitter at http://twitter.com/pamelasampson

Psychiatric test for suspect in NYC subway death


NEW YORK (AP) A 31-year-old woman accused of shoving a man to his death in front of a subway train because she believed he was Muslim laughed and smiled during a court hearing where she was ordered to undergo a psychiatric evaluation.

Erika Menendez, 31, was charged Saturday night with murder as a hate crime after she told police she spontaneously pushed Sunando Sen, according to prosecutors.

"There is no reason. I just pushed him in front of the train because I thought it would be cool," she said, according to the Queens district attorney's office.

She laughed so hard during her arraignment in Queens criminal court that Judge Gia Morris told her lawyer: "You're going to have to have your client stop laughing."

Defense attorney Dietrich Epperson said Menendez's behavior in court was no different from how she had been acting when he spoke to her privately, and said his client didn't really think the proceedings were funny. He represented her for the arraignment only and had no further comment. Menendez was held without bail and ordered to have a mental health exam.

Prosecutors said she pushed the 46-year-old India native to his death because she blamed "Muslims, Hindus and Egyptians" for the Sept. 11 terrorist attacks.

"I pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I've been beating them up," Menendez told police, according to the district attorney's office.

Friends and co-workers said Sen, a native of Calcutta, was Hindu. He had lived in Queens for decades and was a graphic designer and copy shop owner. Sen was standing on an elevated platform of the 7 train that travels between Manhattan and Queens when he was shoved from behind as the train entered the station.

Witnesses told police a woman had been mumbling to herself and was sitting on a bench behind Sen until the train pulled in, then shoved him from behind. She then fled.

Police released a sketch and surveillance footage of a woman running from the subway station. Menendez was arrested after a passer-by saw her on the street and thought she looked like the wanted suspect. Witnesses identified her in a lineup and she was questioned by police, when she implicated herself, according to police and prosecutors.

Angel Luis Santiago, who used to work at the Queens building where Menendez's mother and stepfather live, said he was shocked by her arrest.

"It surprised me what she did," he said. "She never acted that way."

Menendez's next court appearance is scheduled for Jan. 14.

Sen was the second man to die after being pushed in front of a New York City subway train this month. Ki-Suck Han was killed in a midtown Manhattan subway station on Dec. 3. A homeless man was arrested and charged with murder in that case and is awaiting trial. He claimed he acted in self-defense.

Such subway deaths are rare, but transit officials said last week they would consider installing barriers with sliding doors on some subway platforms. Other cities including Paris and London have installed such barriers.

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Associated Press Writer Karen Matthews contributed to this report.