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Bank of America had net income of $340 million, or $0.00 per share, in the third quarter, compared to $6.2 billion, or $0.56 per share, in the year-ago quarter. Analysts had expected BofA to report a loss of $0.07 per share.
The number of financial advisors stood at 17,533 as of Sept. 30, which is down one from the second quarter but up 439 reps from a year ago. These figures include financial advisors in the mass-affluent Merrill Edge platform and others in BofA's Consumer & Business Banking segment, which totaled 1,457 in Q3'12; 1,383 in Q2'12; and 1,032 in Q3'11.
The average yearly production (or fees and commissions) of Merrill Lynch advisors—excluding those in Consumer & Business Banking—was $910,000 for Q3, down from $921,000 a year ago and from $915,000 in Q2. On a nine-month basis, current annual production of $910,000 is off of the first nine months of 2011, when production averaged $963,000 per advisor.
Asset flows to advisors in the third quarter were $3.83 billion, down from $3.99 billion in the second quarter of 2012 but up sharply from $1.93 billion in the year-ago quarter. For the first nine months of 2012, new assets totaled $15.64 billion vs. $10.19 billion in the same period of 2011.
Total assets held in Merrill Lynch accounts were $1.86 trillion as of Sept. 30. This is up from $1.69 trillion a year ago and $1.8 trillion in the second quarter. The total Global Wealth unit had assets under management of $2.26 trillion.
Morgan Stanley
Morgan Stanley's third-quarter results came in ahead of estimates and its advisors—though down 832 from last year—continue to boost assets and sales.
The company, led by James Gorman, said its third-quarter loss from continuing operations was $1 billion, or $0.55 per diluted share, compared with income of $2.2 billion, or $1.14 per diluted share, for the same period a year ago.
The number of financial advisors stood at 16,829—down 1% from 16,934 in the second quarter and 5% from 17,661 a year ago. Average yearly fees and commissions (or production) per rep, though, rose 2% from the second quarter and 9% from a year ago to $790,000 for the third quarter, below Merrill Lynch's average by $120,000.
When it comes to asset flows, Morgan Stanley reps had $7.5 billion of positive movement (up 83% from the second quarter and down 23% for a year ago) vs. $3.83 billion for Merrill Lynch in Q3. Total client assets for Morgan Stanley were $1.77 trillion—close to the $1.86 trillion in AUM of Merrill's advisors but below the $2.3 trillion of Bank of America's wealth unit.
Revenues for the Morgan Stanley's Global Wealth Management Group were $3.34 billion, a 1% rise from $3.23 billion in the second quarter and a 3% increase from $3.19 in the second quarter of 2012.
The division had pretax income from continuing operations of $239 million compared with $356 million in the third quarter of last year and $393 million in the previous quarter.
In the third quarter, the company had $193 million of non-recurring costs associated with the integration of Smith Barney and the purchase of an additional 14% stake in the joint venture. This increased its stake to 65% from 51%, with the remaining 35% share held by Citigroup.
Wells Fargo
Wells Fargo reported net income of $4.9 billion, or $0.88 per share, for the third quarter of 2012, up from $4.1 billion, or $0.72 per share, for the third quarter of 2011, and up from $4.6 billion, or $0.82 per share, for the second quarter of 2012.
Third-quarter net income, up 22% over the year-ago period, beat analysts' estimates. Total revenue of $21.2 billion, though, narrowly missed expectations, according to Reuters.
The Wealth, Brokerage and Retirement unit reported net income of $338 million, down from $343 million in the previous quarter but up from $290 million a year ago. Revenue was $3.03 billion, up from $2.97 billion in the second quarter and from $2.89 billion a year ago.
In the retail brokerage segment, client assets of $1.2 trillion were up 11% from prior year. Managed account assets increased $59 billion, or 25%, from the prior year "driven by strong net flows and market performance," the company says. Wealth-management client assets of $199 billion were up 4% percent from prior year.
Wells Fargo Advisors said its headcount was 18,277, down 109 from 18,386 in the second quarter of 2012. The number of traditional advisors as of Sept. 30 was 10,857 vs. 10,913 in the previous quarter.
Wells Fargo had 2,827 reps working in banks, along with 3,110 licensed bankers. Other advisors include those in FiNet, its independent-advisor channel. The number of its correspondent clearing firms fell by four to 88 in the third quarter.
The Swiss-based firm reported a third-quarter loss of nearly 2.2 billion Swiss francs, or -0.58 Swiss francs per share versus a gain of 3.8 billion Swiss francs, or 0.27 Swiss francs per share a year ago, and a gain of 425 million Swiss francs, or 0.11 Swiss francs per share, in the second quarter.
This news came on the heels of plans to radically restructure the global bank by shedding it of nearly 10,000 employees by 2015 and ridding it of certain businesses, most notably fixed income. UBS now has about 63,745 staff members and wants to trim down to 54,000.
The wealth-management operations in the Americas, though, had strong results. The unit recorded a pre-tax profit of $230 million, up 35% from a year ago and 9% from the previous quarter.
"The strong progress we have made over the last 12 months allows us to begin implementing this next phase of our strategy" Group CEO Sergio P. Ermotti said in a press release.
UBS' Wealth Management Americas, led by Bob McCann, also reported that net new money was $4.8 billion, up from $3.8 billion in the previous quarter but down slightly from $5 billion a year ago. Including interest and dividend income (a measure used by some UBS rivals), net new money was $9.8 billion versus $9.0 billion in the second quarter and $9.7 billion a year ago.
The group, which employs a total of 16,182 individuals, now has 7,032 financial advisors. That figure is up 11 from 7,021 in the second quarter, and an improvement of 119 from 6,913 a year ago.


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Routine activities like grocery shopping provide the perfect opportunity for kids to learn new words and encourage early reading skills. You can show them letters on food labels and have them help with the grocery list. Hmmm...grocery list. Handwritten ones are great, but there's even a better way to make that list. Have you heard of the SmartShopper?
The SmartShopper is an electronic grocery list maker that uses voice recognition technology. The handy gadget sticks magnetically to the fridge so that grocery items can be added to the list at anytime. By simply pressing the record button and speaking the item's name, your list is easily updated, organized and always available. And, when you are ready to go shopping, the SmartShopper prints out your list, arranged into shopping categories to help make your shopping experience more efficient.
In this economy, one of the best ways to save money on groceries is to create an organized shopping list. The SmartShopper is perfect for me because it is readily available right in my kitchen and provides a fun, organized way of keeping track of my grocery items.
Here are my favorite features:
• Mounts magnetically to refrigerator or also has wall-mount option
• Uses four standard AA batteries (not some strange, expensive type)
• Comes built with 2,500 Pre-loaded standard items in the "library"
• You are easily able to add your own custom items
• The coupon flagging feature marks items you want to buy using a coupon
• At print-out it organizes items into categories like dairy and health & beauty
• You can maintain multiple lists for different stores
Like any gadget, it does have a few quirks. The voice recognition works best if used in a quiet location without a lot of background noise. The items that are stored in the library vary. Sometimes brand names are included, like Coke and Pepsi but sometimes you must use a generic label like diapers (instead of Pampers or Huggies.) I was surprised the library didn't include a few standard items in my kitchen like freezer paper or cooking sherry (it uses the term cooking wine instead) although those were easy enough to add myself.
While the device is great as is, it would be amazing if it included a computer interface so that you could add items to the library using the computer and print lists from your computer, a cheaper way than buying the special paper rolls. One of my friends would also love to see a way for it to print pictures along with the food so that young kids could follow the list at the store. I'd also like to see rechargeable batteries included with the product or some sort of solar power used. Maybe we'll see some features like these added in the future?
This time of year Santa is making his list and checking it twice. Wonder what he'd think of the SmartShopper gadget? It's probably already on his own personal wish list! Is it on yours? What a great way to start the new year off with a little organization!
Order your SmartShopper today for only $79.99! Use the exclusive promo code: PW59391 until December 31 to receive $5 off your order. Also, all orders placed between now and December 31 will receive free ground shipping (although be sure to order before December 18, if you want the SmartShopper by Christmas).
Related links I found about SmartShopper and a few bonus tips for grocery shopping with kids:
SmartShopper on Rachel Ray
PBS Kids - Quick Tips at the Grocery Store
Disney Family Parenting - Grocery Shopping With Young Kids
Win it! SmartShopper has kindly offered to sponsor a giveaway. One (1) of my readers will receive their own SmartShopper!
To enter, leave a comment letting me know what you think you'd like best about SmartShopper.
• For contact purposes, if you are a non-blogger or your email is not accessible in your blog profile, please leave a valid email address within the comment section.Three ways to gain extra entries (Maximum total entries is 4):
• Contest is open to US only
• Contest ends on Wednesday, December 31, 2008 at 11:59 PM CST.
• Winner will be chosen at random
1st extra entry: Follow Me! or subscribe by email or RSS reader
2nd extra entry: Blog about this contest then post your link in the comment section.
3rd extra entry: Follow me on twitter and tweet about the contest.


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KABUL -- Roadside bomb attacks in Afghanistan killed three NATO service members and nine Afghans yesterday, officials said, clear evidence that the insurgents' annual spring offensive is under way.
The service members died in southern Afghanistan, the U.S.-led coalition in Afghanistan said in a brief statement that provided no other information.
In another attack in the south of the country, a roadside bomb in the Shah Wali Kot district of Kandahar province killed three civilians and wounded five, said Jawed Faisal, a spokesman for the provincial governor.
The Taliban and other insurgent groups make heavy use of roadside bombs, which are among the deadliest weapons for civilians.
In Archi district in the province of Kunduz, a roadside bomb killed two people, including a local police commander who had been credited with reducing the number of insurgent attacks in his area, said Abdul Nazar, a local council member.
Commander Miran and his driver were killed and two other police officers were wounded when the car they were driving toward Kunduz City was destroyed by a bomb hidden on the road, Nazar said. Like many Afghans, Miran used only one name.
Yesterday evening, a roadside bomb exploded in Uruzgan province, killing four civilians and wounding two, police spokesman Fareed Ayal said.
The attacks came on the third day of what the Taliban has called its spring offensive. Insurgents warned they would infiltrate enemy ranks to conduct "insider attacks" and target military and diplomatic sites with suicide bombers.
In past years, spring has marked a significant upsurge in fighting between the Taliban and NATO forces along with their local allies. This fighting season is a key test, as the international coalition is scheduled to hand over security responsibilities to Afghan forces next year.


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We asked people why they go on retreat, here's what they said:
To be more present and engaged in the world, to be of benefit to others. Vincent
We believe human beings are innately wise, strong and kind. This wisdom, although not always experienced, is always present. Going on retreat is a beautiful way to reconnect to our basic sanity and health. Our aspiration at Retreat Guru is to inspire people to experience authentic retreats and reconnect with their innate wisdom, strength and kindness.


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Title: Loss Prevention Associate
Reports To: Loss Prevention Market Manager
Status: Hourly Full-time or Part-time/Non-Exempt
Shoe Carnival, Inc. is one of the nation's largest family footwear retailers, offering a broad assortment of moderately priced dress, casual and athletic footwear for men, women and children. We offer customers "A Surprise in Store" by providing a fun and surprising shopping experience. Start your career on the right foot! Experience what it is like to be a part of the Shoe Carnival team.
Job Summary: Under the direction of the Loss Prevention Market Manager and the General Manager, the Loss Prevention Associate is responsible for providing a physical presence at the store entrance to deter theft of company property, extending physical presence to the sales floor as needed, responding to electronic article surveillance (EAS) alarm activations and customer service.
Primary Duties & Responsibilities:
The Shoe Carnival, Inc. Total Rewards program provides eligible associates with highly competitive benefits, including the following:
Full-time associates may be eligible for additional benefits, including the following: Paid Time Off (Vacation & Sick Leave), Comprehensive Health Benefits, Voluntary Benefits (Supplemental Life and Aflac), Life Insurance & Accidental Death and Dismemberment for qualified associates, and Relocation Opportunities.
Shoe Carnival, Inc. is an Equal Opportunity Employer.
Joining our Talent Network will enhance your job search and application process. Whether you choose to apply or just leave your information, we look forward to staying connected with you.


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At the studio: mono.kultur / Kai von Rabenau
Disclaimer: As a reward for reading all of the following words, you'll find the possibility to win something.
Over the last few years, I've often been asked how much longer I thought it was going to be until printed publications would go extinct. Because naturally I, someone who publishes online (as in: the antipode of offline), would totally oppose everything printed on paper. Like online publishing is on something a kind of religious mission striving for world domination. Though it all sounds terribly 2009, this phenomenon is scarily present in the fight against subscription and ad sales losses most print products face these days. Still, I do not have the saving answer, despite saying out loud that I do love print! I mean, you get to choose the paper, and a format, and a cover (or umpteen covers, as seems to be necessary these days), and there is just no equivalent way to do a correlating double-page spread in a browser. So yes, there are a dozen reasons to still do print products, at least in my Weltanschauung.
I have to admit, I seem to honor only a few of the gazillion available magazines by actually walking to the store and paying money in order to read them – but they do exist and one outstanding exemplar is the Berlin-based mono.kultur, a publication I've eagerly followed since attending the event celebrating their Miranda July issue in Spring 2008 at Scala (which no longer even exists, oh oh Berlin…). So of course I said yes to spending an hour of my more than restricted time (you might remember I'm working on finalizing my thesis) at their office in a lovely Kreuzberg backyard on the occasion of their new issue.
Portrayed here is Kai von Rabenau, the head and motivator of a team of ten writers. Being a photographer and magazine lover himself, he started mono.kultur back in 2005, searching for contributors by, quite classically, putting a flyer at the Pro.qm bookstore. The concept of mono.kultur is simple and has grown out of economic necessity – they never managed to finance the print of their dummy, which included several interviews, so they decided on spreading them over single issues, starting with Carsten Nicolai, Frank Leder, and Nine Inch Nails. This turned out to be a genius idea, making it possible to create a new design for each issue, resulting in fabulous editions on Tilda Swinton, Dries van Noten, Dave Eggers, and many more. (Also note the reprint of their Taryn Simon issue on the occasion of her solo exhibition at Neue Nationalgalerie.)
Their newest issue, "Refine for Now", focussing on Chris Taylor, the bass player of the fabulous Grizzly Bear, has just been released and will be officially presented this Wednesday night at L.U.X. in Kreuzberg. Good thing is: you're all invited! Even better: Kai agreed to present us with five copies of the new issue, so if you want to share some of my print-joy and win one of those five, just leave a comment saying you want one under this post before Thursday, Nov 10, 8pm! (The winners will be announced in the comments – so take a look on Thursday night!)
ps, in case you can neither make it to the release event tomorrow, nor win one of the issues, you can still follow mono-blog.
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Commentsalso leave a comment
I would love to win an copy!
Ich. Will! Ich liebe liebe liebe solche Sachen! Ich weiß nicht genau, was ihr haben wollt, damit ich gewinnen kann, also lass ich euch einfach meinen Namen und meine eMailadresse da. Welche maiinstream (at) ymail.com lautet. Und ich bin Kathy. Alles Liebe!
Ich nähme ja ein Exemplar. Danke.
Me too, plies.
I want one too!
I'm dying to get one!Lovely post too. xoxo Kathrinwww.twoforfashion.de
Magazines are worth waiting for, especially the very well designed projects like mono.kultur.I guess I grew up with books not iPad so can I please get a copy of a printed magazine?
I want one!With love from New Orleans, Lupe
In one of my classes this past semester we actually discussed the future of print media and its cultural significance and its future. I believe that we all came to a unanimous agreement that print media will not die. Especially as long as there are academic outlets and so forth. May it find a difference niche? Probably. But I don't see the days where I won't be able to buy a book or a newspaper in my lifetime. Especially in big cities, New York, Berlin, Paris, London etc, where so many people rely on public transit. Print media is so important in that demographic for those commuters.Also, I'd love to win some if I could!-ryan
i would love to have one of the issues!
I would love to have a copy of the new issue please, thank you!qookickedyourcat (at) gmail.com
Yes please!Also good luck with your thesis
I really really really would love one! Oh how i wish I could be in Berlin for Wednesday's presentation.
WOOOOOW wäre sehr erfreut eins dieser Magazine zu gewinnen !:)email@example.com
Simple and beautiful!!!Street Style by Stela
Oh, ich hätte gern eins!
Ich will.
werde gern auch eins!
As scary as the digital/e-publishing "revolution" may seem, I'm positive that it can never fully replace the long-term love affair we humans have with printed media. The physicality, and permanence of books, journals and magazines, etc. are just too good to let disappear! Plus, you can't tear out a page of a magazine with Chris Taylor's picture to put on your wall if it's a page from a blog!(Und ja… ich wäre auch sehr erfreut eins dieser Magazine zu gewinnen!)
ich kann von mono.kultur gar nicht genug bekommen! tilda, dries, nin und einige ausgaben mehr darf ich mein eigen nennen – da darf was aktuelles natürlich nicht fehlen…
Please Please would love a copy here in LA….
Gimme one PLEASE! firstname.lastname@example.com
ah, one issue for me pleasefirst time I hear about it!! (thank to you .))Su
ah, one copy for me pleasefirst time I hear about it!! (thank to you .))Su
nice post
Mono Kultur in print und in Melbourne. Das waere doch ein Ding.. Tilda Swinton my way, please..
oh oh, die arme lottofee… ich wuerde mich ueber ein exemplar freuen und werde puenktlich zur verlosung wieder vorbeischauen. terramadrenl{at}gmail.com
I so totaly want one.
I'd love one PLEASE. email@example.com
I need it so much!
While you wait for the others, I wait for a copy :).
I want one1!!
I want one too! please! I live in Chile and i need more culture! Vielen Dank!
I would be eternally grateful to receive a copy!
Please please please please please please please please please please please Oh really please!! can I have one?!!
Arrived in Berlin 2 months ago but only just got internet where i am… so just found out about your magazine. I have started a personal blog about the future post consumerism as the 'M.O. of our lives' http://kulturcrack.blogspot.com its v early days, I will def be looking for your mag! great motivation, thanks!
Rebecca, bosch, Bert De Backer, ILopezYou and Micheal M have won! Congrats to you guys! Please send your contact information to email@example.com
Kai is lovely. Nice to see him featured here, too. Must call on him when next in Berlin.
nice studio…..great chaos!!! i like!!!FOLLOW!??http://stil-werk.blogspot.com/
win a copy here: http://grizzlybeargalore.tumblr.com/post/13136240086/hello-everyone-i-have-an-extra-copy-of


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When it comes to high-net-worth and ultra-high-net-worth families, advisors and assets managers have plenty of opportunities–and plenty of ways to blow it, according to a report released Wednesday by Cerulli Associates.
The solution? Financial professionals have to do their homework before and while they are engaging in work with this client base.
Assets under management for multiple family office–or clients–increased nearly 70% from 2007 and 2011 to $777.3 billion, says the Boston-based research firm in its December asset-management newsletter.
"The term family office is synonymous with wealthy families and the impressive wealth of the ultra-high-net-worth and high-net-worth investors is attractive to asset managers," said Bing Waldert, director at Cerulli, in a statement.
Cerulli defines a family office as an organization set up to "serve the financial and non-financial needs of families with significant wealth by providing integrated wealth management that is completely independent and customized for each client." Many multiple family offices, but not all, are structured as a registered investment advisor and focus on a well-established portfolio construction process.
"High-net-worth investors tend to be incredibly fickle. They are aggressive investors, but seek capital preservation," Waldert explained. "They also maintain multiple advisory relationships."
These relationships, he adds, involve several significant advantages and disadvantages. For instance, the familial nature of these clients involves a decentralized and complex decision-making process. At the same time, these clients have long-term time horizons.
"The family dynamics present in this market make it significantly different than any other market," Cerulli stated in its report.
Many of the ultra-wealthy families have members that live all over the globe and have multiple homes inside and outside the United States. This, of course, means that there are domestic and foreign tax issues for financial professionals to consider.
Most important, the research group notes, family offices can have a range of decision-making methodologies when it comes to selecting external managers. An example of an asset manager in the space is GenSpring, owned by SunTrust, which manages more than $17 billion for wealthy families.
On the plus side, high-net-worth investors are willing to consider and purchase both aggressive and illiquid investments that may not be appropriate for many other investors.
"When considering the reasons why a wealthy family would start a family office in the first place, it is not for profits, but rather for privacy and control," Cerulli's December report explained.
"While the structure and implementations of family offices have broadened from those originally set up by the industrial titans of the 1800s, the key concept of these entities acting as prudent stewards for multi-generational wealth remains constant," it concluded.


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Scorsese Talks 'The Language Of Cinema'
Martin Scorsese is a legend of a director — and he's also a great film teacher, a man who balances a passion for the medium with a deep knowledge of its history. Delivering this year's installment of the National Endowment for the Humanities' prestigious Jefferson Lecture — a talk he titled "Persistence of Vision: Reading the Language of Cinema" — Scorsese demonstrated his speaking chops as well.
In this excerpt from the lecture, delivered April 1 at the John F. Kennedy Center for the Performing Arts and edited for broadcast by Fresh Air, he talks about the early days of cinema, and about one of the films that stuck with him from childhood.
His parents, worried about young Martin's asthma, took him to the theater regularly instead of encouraging him to participate in sports. It was there that he first saw the 1950 film The Magic Box and fell in love with the pictures moving on that screen in a dark room.
Scorsese also talks about the development of cinema and the evolution of motion pictures — from the early photographic experiments of Eadweard Muybridge to the editing style of D.W. Griffith's 1916 film Intolerance.
Martin Scorsese is a great director, but after having heard him talk several times about movie history and his favorite films, I've come to also think of him as a great film teacher. We're going to hear him talk about the early days of cinema. One of the early film directors, Georges Melies, was the inspiration for Scorsese's movie "Hugo."
We're happy to be able to present an excerpt of Scorsese's talk when he gave the National Endowment for the Humanities' 42nd annual Jefferson Lecture last month at the Kennedy Center for the Performing Arts. He started his talk with a clip from the film "The Magic Box," which was made in 1950. When Scorsese saw it, in 1952, it made a lasting impression on him. It's based on the story of William Friese-Greene, who invented the movie camera, and stars Robert Donat. In this scene, Friese-Greene has just projected moving images of London's Hyde Park for a man who's never seen a moving picture before and is astonished by what he's just witnessed.
UNIDENTIFIED ACTOR: Where's it come from and where is it going to?
ROBERT DONAT: (as William Friese-Greene) It's all here. Here. Look. That's where the Hyde Park you saw is. Like a magical lantern.
UNIDENTIFIED ACTOR: But it moved.
DONAT: Yes, it moved, didn't it? Now look, look at this strip of celluloid film.
It took me years to get to that - years.
That's the secret. Dozens of snapshots of Hyde Park - only in one picture, the carriage is here, the next it's here, the next it's here, the next it's here - and so on. Now look at the negatives. You see, the film - that's what it's called - comes from this spool over these rollers - that's the tension; you've got to have tension - onto this second spool down here. Now look in the middle. It's a bit like a magic lantern, but instead of one picture at a time, you see eight or more pictures every second - and that's what you see in that sheet there - eight pictures every second, and they all merge together into one moving, living picture. See?
Of course, there's a bit more to it than that. I'm not saying it's perfect - far from it. But it works. God be praised, it works, doesn't it? You can see that.
MARTIN SCORSESE: Thank you. Thank you. Thank you. This scene is from a picture called The Magic Box," which was made in England in 1950. And the great English actor Robert Donat plays the inventor William Friese-Greene - he was one of the people who invented movies. I saw this picture for the first time with my father. I was eight years old. And I have never really gotten over the impact that it had. And I believe this is what ignited in me the wonder of cinema, and the obsession - watching movies, making them, inventing them.
Friese-Greene gives everything of himself to the movies, and he dies poor. He dies a pauper. That line - You must be a very happy man, Mr. Friese-Greene - of course, is ironic, knowing the full story of his life. But in some ways it's also true because he's followed his obsession all the way. So it's both disturbing and inspiring.
And then my parents had a good reason for taking me to the movies all the time, because I was always sick with asthma since I was three years old. And I couldn't - apparently couldn't do any sports, or that's what they told me. But really, my mother and father did love the movies. They weren't in the habit of reading, that didn't really exist where I came from, and so we connected through the movies.
And over the years, I know now that the warmth of that connection with my family and with the images up on the screen gave me something very precious. Because we were experiencing something fundamental together. We were living through the emotional truths on the screen together, often in coded form, these films from the '40s and '50s. Sometimes they were expressed in small things - gestures, glances, reactions between the characters, light, shadow. I mean, we experience these things that we normally couldn't discuss or wouldn't discuss, or even acknowledge in our lives.
And that's actually part of the wonder. So whenever I hear people dismiss movies as fantasy and make a hard distinction between film and life, I think to myself that it's just a way of avoiding the power of cinema. And, of course it's not life - it's the invocation of life, it's an ongoing dialogue with life.
Frank Capra said: Film is a disease.
SCORSESE: He went on, but that's enough for now.
SCORSESE: I caught the disease early on, you know. I used to feel it. And they used to take me to the movies all the time. I used to feel it whenever we walked up to the ticket booth with my mother, my father, my brother. You'd go through the doors, on the thick carpet, to - past the popcorn stand that had that wonderful smell - then to the ticket taker, and then sometimes they'd get - these doors would open in the back and there were little windows in it in some of the old theaters and I could see something magical happening up there on the screen, something special. And as we entered, for me I think now, it was like entering a sacred space, a kind of a sanctuary where the living world around me seemed to be recreated and played out.
What was it about cinema? What was so special about it? I mean I think I've discovered some of those - some of my own answers to that question a little bit at a time over the years.
First of all, there's light. Light is at the beginning of cinema, of course. It's fundamental - because it's created with light, and it's still best seen projected in dark rooms where it's the only source of light. But light is also at the beginning of everything. Most creation myths start with darkness, and then the real beginning comes with light - which means the creation of forms. Which leads to distinguishing one thing from another, and ourselves from the rest of the world. Recognizing patterns, similarities, differences, naming things - interpreting the world. Metaphors - seeing one thing in light of something else. Becoming enlightened. So light is at the core of who we are and how we understand ourselves.
And then there's movement. I remember when I was about five or six, somehow I was able to see someone project a 16-millimeter cartoon in a small projector, and I was allowed to look inside the projector. And I saw these little still images passing mechanically through the gate at a very, very steady rate of speed.
And at the gate they were upside-down, but they were moving. And on the screen they came out right-side-up, moving. At least there was the sensation of movement.
But it was really more than that. Something clicked then: pieces of time. That's how James Stewart, the great actor, defined movies in a conversation with Peter Bogdanovich. That wonder I felt when I saw this, these little figures move. The desire to make images move, the need to capture movement, I mean, it seems to be with us. Well, 30,000 years ago in the cave paintings at Chauvet, as you can see here.
In this image the bison appears to have multiple sets of legs. Maybe that was the artist's way of creating the impression of movement. I think this need to recreate movement is a mystical urge. It's an attempt to capture the mystery of who and what we are and then to think about that, to contemplate that mystery. Which brings us to the boxing cats.
SCORSESE: Yes, yes, yes. Yes, these are the boxing cats. This appears to be two cats boxing. It was shot in 1894 in Thomas Edison's Black Maria studio that he had in New Jersey. It was actually a little shack. This is one of, really, hundreds of little scenes that he and his team recorded with his kinetograph. It's probably one of the lesser-known scenes.
SCORSESE: There are better known ones of a blacksmith, the heavyweight champion Jim Corbett boxing; you know, Annie Oakley, the great sharpshooter from Buffalo Bill's Wild West Show. I mean, at some point somebody had the idea that, you know, two cats boxing apparently is what went on in New Jersey at the time.
SCORSESE: Didn't say anything about now. OK. Edison, of course, was one of the people who invented film and there's been a lot of debate about who really invented film. There was Edison, the Lumiere Brothers in France, Friese-Greene and R.W. Paul in England. And actually, you can go back to a man named Louis Le Prince who shot a little home movie in 1888.
But then you could go back even further to the motion studies of Eadweard Muybridge, which were made in the 1870s, 1880s. He would just set - just, but he would set a number of still cameras side by side and then he'd trigger them, take photos in succession of people and animals in movement. His employer, Leland Stanford, bet him that all four of a horse's hooves do not leave the ground when the horse is running.
But as you can see here, Muybridge won the bet. All four hooves do leave the ground at the same time while the horse is galloping. I mean, does cinema really begin with Muybridge or should we go all the way back to the cave paintings?
In his novel "Joseph and His Brethren" Thomas Mann writes: The deeper we sound, the further down into the lower world of the past we probe and press, the more do we find that the earliest foundations of humanity, its history and culture, reveal themselves unfathomable.
All beginnings are unfathomable. The beginning of human history, the beginning of cinema. Now this film, by the Lumiere Brothers in France is commonly recognized as the first publicly projected film. It was shot in 1895 and when you watch it, it really is 1895; the way they dress, the way they move. It's now, the present, and it's then at the same time. And that's the third aspect of cinema that makes it so uniquely powerful.
It's the element of time. Again, pieces of time. When we made the movie "Hugo" we went back and tried to recreate that first screening when people were so startled to see this image that they jumped back. They thought the train was going to hit them, you see. And when we studied the Lumiere film, because we had to use the original, we could see right away that it was very different from the Edison films.
They weren't - these films that the Lumieres did, they weren't just setting up the camera to record events or scenes. This film is composed. When you study it, you can see how carefully they placed the camera, the thought that went into what was in the frame, what was left out of the frame, the distance between the camera and the train, the height of the camera, the angle of the camera.
And what's interesting is that if the camera had been placed even a little bit differently, the audience probably wouldn't have reacted the way they did. So in essence, the Lumieres weren't just recording events the way they did in the Edison studio, they were really interpreting reality and telling a story with just one angle.
And of course, so was Georges Melies. Melies began as a magician and his pictures were made to be part of his live magic act. He created trick photography, incredible handmade special effects. And in so doing, he sort of remade reality. The screen in his pictures is like opening a magic cabinet of curiosities and wonders.
Now, over the years the Lumiere Brothers and Melies had been consistently portrayed as opposites: one filmed reality, the other filmed special effects. Of course this happens all the time; it's a way of simplifying history. But in essence, they were both heading in the same direction. They were just taking different roads. They were taking reality and interpreting it, reshaping it, and trying to find meaning in it.
GROSS: We're listening to an excerpt of Martin Scorsese's 2013 National Endowment for the Humanities Jefferson Lecture. We'll hear more after a break. This is FRESH AIR.
GROSS: Let's get back to Martin Scorsese talking about the early days of cinema. We're listening to an excerpt of his National Endowment for the Humanities 2013 Jefferson Lecture. In this part he talks about the addition of editing to the early language of film.
SCORSESE: Everything went further, was taken further with the cut. Who made the first cut from one image to another, meaning a shift from one vantage point to another with the viewer understanding that we're still within one continuous action? As far as we know, one of the earliest and most famous examples of a cut is from Edwin S. Porter's 1903 milestone film "The Great Train Robbery."
Now, even though we cut - he cuts from the interior of the car to the exterior, we know we're in one unbroken action. And this film is one of the dozens of one-reel films that D. W. Griffith made in 1912. It's a remarkable film called "The Musketeers of Pig Alley," commonly referred to as the first gangster film, and actually it's a great Lower East Side New York street film.
Now, if you watch, the gangsters are crossing quite a bit of space before they get to Pig Alley. Which is actually a recreation of a famous Jacob Riis photos of "Bandits' Roost" from the Five Points. But you know you're not seeing them cross that space on the screen, yet you are seeing it. You're seeing it all in your mind's eye. You're inferring it.
And this is the fourth aspect of cinema that's so special, that inference, that image in the mind's eye. For me, it's where the obsession began. It's what keeps me going, actually. It never fails to excite me. Because you take one shot, you put it together with another shot, and you experience a third image in your mind's eye that doesn't really exist in those two other images.
The Soviet filmmaker Eisenstein, Sergei Eisenstein, wrote about this and it was at the heart of all the films he did. And this is what fascinates me, though. It's frustrating sometimes, it's always exciting. Because if you change the timing of the cut even slightly by just a few frames or even one frame, then the third image in your mind's eyes changes too. And that has been called - appropriately, I believe - film language.
Now, in 1916, D.W. Griffith made a picture, an epic called "Intolerance" in part as an act of atonement for the racism in "Birth of a Nation." "Intolerance" ran about three hours but he goes further; he goes further with the idea of the cut. He shifts between four different stories.
The first story is the massacre of the Huguenots, and the second story is the Passion of Christ. The third is a spectacle, really: the fall of Babylon. And a fourth story, which was a modern American story set in 1916, the train. Now, at the end of the picture, what Griffith did is that he cut between the different climaxes of these different stories.
He cross-cut through time, something that had never really been done before. He tied together images, not for story purposes or narrative purposes, but to illustrate an idea, a thesis. In this case the thesis was that intolerance has existed throughout the ages and it's always destructive.
Now, Eisenstein later wrote about this kind of editing and gave it a name. He called it intellectual montage. Now, for the writers and commentators who were very, very suspicious of movies because, after all, it did start as a nickelodeon storefront attraction, this was the element that signified film as an art form.
But of course, it already was an art form. That started with Lumiere and Melies and Porter. This was just another logical step in the development of the language of cinema. But the cinema we're talking about here - Edison, the Lumiere Brothers, Melies, Porter all the way through Griffith and all the way through Kubrick - that's really almost gone.
It's been overwhelmed by moving images coming at us all the time and absolutely everywhere. I mean, classical cinema, as it's come to be called, kind of feels now like grand opera of Verdi or Puccini, that period. And we're no longer talking about celluloid. That really is a thing of the past.
Now, for many film lovers this is a great sadness and a sense of loss. I certainly feel it myself. I grew up with celluloid and its particular beauty and its idiosyncrasies. But, you know, cinema has always been tied to technological development and if we spend too much time lamenting what's gone, then we're going to miss the excitement of what's happening now.
I mean, everything's wide open. To some this is a cause for concern, but I think it's an exciting time precisely because we don't know what tomorrow will bring, let alone next week. And we have no choice but to treat all these moving images coming at us as a language. We need to be able to understand what we're seeing and find the tools to sort it all out.
GROSS: We heard an excerpt of Martin Scorsese's National Endowment for the Humanities 2013 Jefferson Lecture, which he gave last month at the Kennedy Center. Our thanks to the NEH and Paula Wasley. We have more on our website. You'll find a link to a video of Scorsese's complete lecture, links to several of the very early films he referred to, and a slideshow of stills from movies that he mentioned. That's at freshair.npr.org. Transcript provided by NPR, Copyright NPR.


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I just hired a great new actor for Transformers 4 to star against Mark Wahlberg. Jack Reynor, he is an Irish kid that came to America with 30 bucks in his pocket. Pretty ballsy. Seriously, who does that? Anyway I spotted him in a great little Irish movie WHAT RICHARD DID. This kid is the real deal.
Transformers 4 is not a reboot. That word has been floating around on the net.
This movie takes place exactly 4 years after the war in Chicago. The story makes a very natural transition, and reason as to why we have a whole new cast. This Transformers will feel very different then the last three. We are embarking on a new trilogy.


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ALAMEDA, Calif. (AP) — Heading into the offseason with uncertainty is old hat for the Oakland Raiders, who have had nine head coaches and 17 starting quarterbacks during a 13-year stretch of no winning record or playoff berths.
With quarterback Derek Carr and coach Jack Del Rio entrenched in their positions, the questions this offseason surround whether the team will play in Oakland or in the Los Angeles area next year.
"We'll all find out at the same time," Carr said Monday. "We don't get any inside information. We don't have any right now. The thing that matters, though, is that no matter what's in front of it, we're always the Raiders. No matter what city is put in front of that, we love Oakland. This is where I've played, so I love Oakland. I love our fans. But I know that Raider Nation is everywhere. It doesn't matter what's put in front, we're always the Raiders."
The Raiders are expected to apply to relocate to the L.A. suburb of Carson this week. The players and coaches spent Monday packing up and putting closure on a 7-9 season that featured significant improvement for a franchise that had just 11 wins the previous three years combined.
The St. Louis Rams and San Diego Chargers also are expected to apply to move to the Los Angeles area. NFL owners will meet next week in Houston to vote on whether to allow one or two of the franchises to relocate next season.
The Rams are seeking to build a stadium in Inglewood, while the Raiders and Chargers want to share a stadium in Carson.
Most of the players deflected questions about a possible move by saying it is outside their control. But Carr did say the biggest impact would be on the families of players and coaches.
"People always think about us, but they shouldn't," he said. "They should think about our wives, our kids. Some people have kids in school, so they have to move and those kinds of things. It affects them way more than it affects us. We just show up and work. That's how we've been trained. That's our process. It definitely affects them more."
Defensive tackle Dan Williams said the uncertainty is much harder on married players with families than those without.
"Me as a single guy, I go with the flow," he said. "But I definitely enjoyed my short time here in Oakland. The fans have received me with open arms and I can feel the support here. They love the Raiders and whatever happens, happens, but at the same time if we stay here I'll be more than happy."
The Raiders played this past season on a one-year lease at the Oakland Coliseum and are seeking a new home. The Coliseum is the only remaining NFL stadium to also be home to a baseball team and lacks many of the modern, money-making features of new stadiums.
While owner Mark Davis has expressed interest in staying in Oakland, the city has yet to come up with a firm financing plan to build a new stadium. That has led to the interest in going back to Los Angeles, where the Raiders played from 1982-94.
Del Rio, who grew up in the East Bay attending games at the Oakland Coliseum, said: "I'm back home. I love the fact that I'm back home but it's not my position. As a head football coach it's my job to get this team ready to play and make sure we're competitive."
The Raiders also will undergo some turnover on their roster with the retirement of safety Charles Woodson after an 18-year career and 12 other players will be eligible to be unrestricted free agents in March.
The most notable is left tackle Donald Penn, who has anchored the line the past two seasons after coming over as a free agent from Tampa Bay. Penn said he would like to return
"It's not up to me," he said. "I did everything I could. Now it's the business side. I got to sit back and wait until I hear something."
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Rays - 000 000 100 - 1 6 0Dustin Pedroia doubled and scored Boston's first run, then hit a two-run opposite field home run to break an eighth-inning tie. Pinch-hitter David Ortiz began the eighth with a double.
Red Sox - 000 001 02x - 3 9 0
Buchholz had his stuff working well, especially the changeup: 7-5-1-3-5-97. Hideki Okajima and Jonathan Papelbon closed it out.
First of two today. The "nightcap" is at 5 PM.
If all goes according to plan, Boston could be only 6 GB the Yankees by 9 PM, having cut three games off New York's lead in three days.
Buchholz won his fourth consecutive decision last Tuesday, shutting out the Orioles over seven innings of three-hit ball at Fenway Park. The 25-year-old right-hander is 4-2 with a 3.00 ERA in seven outings since Aug. 8, posting six quality starts over that span. He has surrendered three runs or fewer in nine of 11 appearances this season.There is an obvious difference in innings pitched, but: ERA+s going into this series: Buchholz 121, Beckett 122.
Toss out his crappy August 24 start against the White Sox and Buchholz has a 1.79 ERA (eight runs in 40.1 innings) since August 8.
Big Bats: Victor Martinez has a 13-game hitting streak (.356, 16-for-45), Kevin Youkilis is hitting .500 (24-for-48) against the Rays this season, and Alex Gonzalez has hit safely in 13 of his last 14 games (.333, 17-for-51).
Also: Orioles/Yankees at 1 and the Mariners/Rangers will play two: 1:30 (now moved to 5 PM) and then later.


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Small Plant News: Volume 4, Number 5
|Small Plant News Archive Page. This is an archive page. No new content is being added. While these newsletters remain available for reference purposes, the documents do not reflect changes to Agency policy that may have been instituted since the newsletters were published. Also note that resources and websites mentioned in older issues may have moved or may no longer be available. Points of contact for various initiatives may have changed.
In This Issue:
- Help on How To Deal With a Chemical Leak in Your Plant
- Which Salmonella Serotypes Should You Be Most Concerned About?
- Food Safety Resources
- Commonly Asked Questions & Answers
Help on How To Deal With a Chemical Leak in Your Plant
By Arial Thompson
For any company that uses or stores hazardous materials, there is always a chance of a spill or leak. While training for chemical spills is required by Occupational Safety and Health Administration's (OSHA) regulations, the responsibility falls on you to keep your employees, products, and the environment safe.
As the old saying goes, "proper planning prevents poor performance." There are several steps you may take in order to prepare for the possibility of a chemical leak. They are:
- Maintain and be familiar with the Material Safety Data Sheets information. These sheets contain important information concerning chemical handling during emergencies, such as flammability and treatment for ingestion, inhalation, or skin contact.
- Clearly describe procedures for facility personnel to implement a response management system.
- Include procedures for employees who operate critical plant operations before they evacuate.
- Include procedures for employees who operate critical plant operations before they evacuate.
- Contact your local emergency response organizations, such as fire departments, to notify them of the potential response equipment they may need in the event of an emergency at your location.
- Practice drills to ensure evacuation routes are unobstructed and known by all employees.
- Remember to evaluate your plan for potential changes when you introduce new chemicals to your plant.
How you respond to a chemical leak is just as important as preparing for the possibility of one. Some actions you may take include:
- Assess the risk of the spill before determining what actions to take. Some things to consider include:
- The amount of chemicals spilled. Highly toxic chemical spills, even in small quantities, may require a full emergency evacuation.
- The properties of the spilled chemical. Is it corrosive, flammable, toxic, etc.? Is it liquid, powder, or gas? If toxic, what are the possible routes of entry?
- Any other special circumstances, such as the location of the spill, ventilation, knowledge of personnel, specialized equipment needed, etc.
- Follow your predetermined evacuation plan, if necessary. Prevent access to the facility for any non-essential personnel to reduce the possibility of exposure/contamination.
- When necessary, notify your local emergency response authorities of the situation and what actions you have taken so far.
- If appropriate, take action to contain the spill. Remember that your actions will be determined by the properties of the chemical.
Finally, as with any emergency, you will face recovery. Once the chemical spill is contained, dispose of all chemical waste in an approved manner. You will then need to decontaminate your personnel and your facility. You need to determine the amount of exposure versus the amount of contamination. Things to consider when determining the amount of contamination include:
- the amount of material to which you have been exposed,
- how long you have been exposed,
- concentration of material,
- physical state of material, and
- ambient temperatures.
When decontaminating your facility, always work from dirty to clean. Steps should be tailored to the particular spill and may include:
- increasing ventilation,
- rinsing the area with copious amounts of water,
- washing and sanitizing the area and equipment, and
- condemning affected product.
Document your procedures in depth, both for your own records and for reporting to regulatory authorities.
After the spill has been remediated, evaluate your response for possible improvements. Were there any unnecessary risks or exposures? Did your plan work as it should have or were there unexpected problems? Was your team adequately trained? You can use the answers to these questions to help you improve your response if a spill occurs in the future.
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Which Salmonella Serotypes Should You Be Most Concerned About?
By CDR Jeff Tarrant, U.S. Public Health Service
As an owner or operator of a meat, poultry, or processed egg products plant, you're all too familiar with the bacterium Salmonella. But, with thousands of known serotypes, which should you be most concerned about?
According to the U.S. Centers for Disease Control and Prevention (CDC), the Salmonella family includes over 2,300 known serotypes of bacteria. The first strain known to cause illness was discovered in 1885 by Theobald Smith, research assistant to Dr. Daniel Salmon. Salmonellosis, the infection caused by the bacteria, causes an estimated 1 million cases of foodborne illness and approximately 375 deaths annually in the United States.
To address this public health concern, in January 1998, FSIS began isolating Salmonella serotypes from four carcass and three raw ground product classes from establishments regulated by the Agency. In June 2006, turkey carcasses were added.
It's noteworthy to point out that some of the most common serotypes isolated from meat and poultry products are rarely found in humans. Conversely, some of the serotypes frequently detected in humans are found in various meat and poultry products, in addition to other foods and non-food sources.
The CDC has identified Salmonella Enteritidis; Typhimurium; Newport; I 4,[5],12:1:-; Javiana; Heidelberg; and Montevideo as the seven most commonly identified serotypes causing human infection in the United States. According to the CDC's Foodborne Diseases Active Surveillance Network (FoodNet), these serotypes combined accounted for a majority (61.6%) of human Salmonella infections detected in 2007. These serotypes are among the more commonly identified in meat and poultry products, with the exception of Javiana.
In addition, year-to-year variations in serotypes and product classes occur regularly. For instance, Salmonella serotypes Kentucky, Hadar, and Derby were the predominant serotypes detected by FSIS in chicken broilers, ground turkey, and market hogs respectively in 2007, but were not among the top seven serotypes identified by CDC surveillance data.
So, what has FSIS done to counter these serotypes? In 2006, the Agency launched the Salmonella Initiative Program to reduce the presence of Salmonella in raw meat and poultry products. The initiative included concentrating resources at plants with higher levels of Salmonella and changed the reporting and utilization of FSIS Salmonella verification test results.
Since then, the Agency has posted quarterly aggregate results of all sample results on its Web site at www.fsis.usda.gov/Science/
Quarterly_Salmonella_Results/index.asp to give consumers more complete and timely information about Salmonella trends. Note, however, that those results are not broken down into serotypes.
In 2006, the Agency also launched a full-scale outreach campaign targeting small and very small meat, poultry, and processed egg products establishments by providing technical resources to control and reduce Salmonella levels by applying best management practices in their facilities. More importantly, FSIS continues to work with international and domestic public health partners to better identify the proportion of human salmonellosis attributable to FSIS-regulated products.
For more information on Salmonella and salmonellosis, visit FSIS' Web site at www.fsis.usda.gov. To help combat Salmonella within your facility, contact the Small Plant Help Desk at (877) 374-7435 to order guidance materials, CDs, DVDs, and other useful resources. Also, remember to utilize the Small Plant News annual index available at www.fsis.usda.gov/News_&_Events/
Small_Plant_News_Index_2007_2008/index.asp to research past stories and references about Salmonella in this publication.
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Food Safety Resources
By Kurtis Calhoun
Do you need assistance finding sources to aid you with meeting the requirements of FSIS regulations and policies? Look no further. The FSIS Web site offers "Policy Points," which can be viewed at www.fsis.usda.gov/Regulations_&_Policies/Policy_Points/index.asp .
The purpose of the site is to help you gain a better understanding of how to comply with Agency regulations. The "Policy Points" are provided in the form of PowerPoint presentations. The presentations are used to develop a standard understanding of Agency notices, directives, and other issuances.
The site offers a variety of "Policy Points" including, but not limited to, exports/imports, Hazard Analysis and Critical Control Point (HACCP) plans, slaughter inspection, and exemptions. With the topic of HACCP, for example, this particular Policy Point discusses how and when to perform HACCP basic compliance checks, how to document regulatory noncompliance, and the different procedures that can take place under FSIS Notice 09-08.
The Policy Points were created by FSIS' Policy Development Division. For help with policy interpretation, call 1-800-233-3935.
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Commonly Asked Questions & Answers
Q. If "retraining employees" is the proposed preventive measure for meeting the corrective action requirement, is a plant required to document the specific retraining event when it occurs?
A. If the establishment's preventive measure is that the employee "will be retrained," documentation that retraining occurred is required to demonstrate that the training was performed to meet the requirement of 9 CFR 416.15(b) and 9 CFR 416.16(a).
Q. May I use "employee training" multiple times on my Sanitation Standard Operating Procedures (SOP) records as a preventive measure to meet the requirements of 9 CFR 416.15?
A. The plant may document "employee training" multiple times as a preventive measure on its Sanitation SOP records. If the establishment documents employee training as a preventive measure, the training should also be documented when it occurs. However, if after repeated employee training has occurred, FSIS inspectors find the Sanitation SOP failed to prevent direct contamination or adulteration of product, employee training may not be accepted as an effective preventive measure by the Agency.
Q. A new firm has just started producing product in a foreign country and would like to send samples of its product to the United States for research and evaluative purposes. What information could be provided on current requirements that govern the importation of product into the United States for such purposes?
A. FSIS authorizes requests for the importation of samples of meat, poultry, and/or processed egg products destined for laboratory examination, research, evaluative testing, or trade show exhibition. Provided there are no animal health restrictions imposed by USDA's Animal and Plant Health Inspection Service (APHIS), meat, poultry, and processed egg products samples can originate from any foreign country. Samples originating in countries with animal health restrictions must apply to APHIS for a permit prior to importing.
Further information on importing samples is referenced on FSIS' Web site at www.fsis.usda.gov/Regulations_&_Policies/samples_for_research_&_testing/index.asp , and information from APHIS can be accessed at www.aphis.usda.gov/vs/ncie. You also can contact the Small Plant Help Desk at 1-877-374-7435.
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Small Plant NEWS
Editor: Keith Payne
Managing Editor: Jane Johnson, DVM
Production: Joan Lindenberger, Sally Fernandez
Design: Gordon Wilson
Contact: Small Plant News, USDA/FSIS, Aerospace Building, 3rd Floor-Room 405, 14th and Independence Ave., SW, Washington, DC 20250.
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'Doc of Year' faces DUI charges after crash
Kristin Howard accused of prescribing drugs to herself
An emergency room doctor was arrested Friday on drunken driving charges after she crashed her vehicle into a grocery store van in Wellesley, smashed into a fence on the store's property and struck another car.
Kristin Howard, 56, was in the parking lot of the Whole Foods Market on Washington Street at about 8:45 a.m. when she struck the van. Police said Howard then reversed and hit a fence, reversed again and hit the fence again.
Howard then then accelerated across the parking lot, striking a granite post, police said. Her car became airborne and sideswiped a large tree before exiting the parking area.
Howard then struck a Mercury Marquis that was in the northbound lane on State Street, pushing the Mercury into the southbound lane and into a dump truck and trailer, police said.
The driver of the Marquis, 78-year-old Paul McDonald of Wellesley, suffered injuries and was taken to a local hospital.
"Out of nowhere, I got hammered, and I thought it was the end of the world. I thought a bomb went off inside the car. And then I had the feeling the roof was collapsing and I said, 'Oh, what a way to go,'" he said.
McDonald said he suffered two cracked ribs.
MORE: Victim struck by Howard talks with NewsCenter 5
Howard is an emergency medicine physician at Newton Wellesley Hospital, according to the Board of Registration in Medicine.
"She was wearing scrubs and indicated she was on her way to work at Newton Wellesley, where she is a doctor in the emergency room," prosecutor Matt Friedel said.
Inside the vehicle, police said they found class C and E controlled substances.
"The prescriptions were from Dr. Howard to Kristin Howard," Friedel said.
Massachusetts forbids doctors from self-prescribing medication.
Howard's defense attorney said Howard is struggling to deal with a sick mother.
"She has a reputation for trying to save lives. And was given the award of doctor of the year at Newton Wellesley in 2009," defense attorney Katherine Hatch said.
She was arraigned on charges of operating under the influence of drugs and alcohol among other charges. Howard was released on personal recognizance.
Howard was relieved of duties at Newton Wellesley and told to not report for any assigned shifts.


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That's what it said on one of those little light-up signs on wheels with the flashing arrow parked in front of a low slung baby-blue brick building on the road to the Southern Dharma Retreat Center (SDRC) near Asheville, North Carolina, where I led a retreat last weekend. Actually, SDRC is "near Asheville" in much the same was as Tassajara is "near Big Sur." Which is to say it's not really all that near. It takes an hour and some to get there from Asheville up a winding mountain road and then an unpaved single lane driveway that seems to go on forever around a lot of very precarious drop offs. The driveway is shared by some other houses up in them there hills, so at times you have to back up and pull into little tiny, hard-to-see turn-off to let hairy guys in big ol' pick up trucks loaded with firearms pass by. Actually, I didn't get a good look at any of those guys or their trucks. I'm sure they're nice. But I did hear gunfire during one of our sittings. And when I passed by that church on the way up I was behind a big red pick-up truck with a bumper sticker that said, "I'm a coon hunter." Raccoons, right? Uh-huh. On the way into SDRC I went over several bridges that spanned a winding waterway called French Broad River. I wondered if it was OK to name a river French Broad River without specifying which French broad it was named after.
The retreat was sold-out. The body count was 27 people including me. A transvestite who'd signed up left within the first hour we were there, before we'd done any zazen or talks or even eaten dinner. Apparently he (she?) told someone, "To think I gave up tickets to see the Dalai Lama for this!" and stormed off in his (her?) pick-up truck in a shower of gravel. OK. Bye.*
The retreat itself was fine and dandy as far as I could tell. I had to design the schedule and tried to make it easy enough not to kill any newbies to zazen yet tough enough to qualify as a decent Soto-style Zen retreat. On Saturday we had nine rounds of zazen starting from 6:30 AM, mostly 30 minutes each except for the first one of the day, which was 45. On Sunday we followed the same schedule but ended things at Noon, as per the center's usual policy. There were two lecture/discussion periods, one each day. I made time for dokusan (private talks with me, like anyone really needs that). Meals were semi-formal, taken in silence with meal chants beforehand, but not served in oryoki style (this video was done at a retreat I led in Shizuoka, Japan). They do buffets at SDRC and they are de-freaking-licious, by the way. They cook all their own stuff and use locally grown ingredients as much as possible. The bread is to die for.
The group was pretty homogeneous. A few college students, a few older people, a few metalheads, a few punk rock folks about my age. About half-and-half women and men. If the transvestite had stayed the balance might have been tipped. But in which direction? Among the metalheads was none other than D. Randall Blythe of Lamb of God. It was cool to see him there. I like Randy and I'm getting into Lamb of God.
At the end of the last day people got to turn in their evaluations of the retreat and its teacher. Most were positive, some positively glowingly postive. But, as usual, I focus on the negative. One review said something like, "The teacher was very close-minded and attached to his belief that zazen is best. The four foundations of mindfulness (or some such thing, I can't remember) are the basis of Buddhist practice! Immature teacher."
My response to that is to say that in my considered opinion the person who wrote that assessment is a poopie head. A stinky, smelly poopie head, at that.
Actually, this brings up a point I'd like to try and address. There's a kind of expectation among people in the USA who are into Buddhism that teachers of Buddhism should be sort of pan-Buddhist teachers. That is, that they should not represent any one tradition, but should, instead embrace and teach all forms of Buddhism. And a whole lot of teachers out there do this. They'll mix all kinds of traditions up into a sweet ecumenical stew that doesn't really represent any specific lineage but includes everything. I say fuck that. It's bullshit Buddhism.
If I go to a Baptist minister I might be impressed if he's well read in the Torah and the Koran. That would be a nice little bonus. But I don't go to a Baptist minister for a Bar Mitzvah or advice on how to celebrate Ramadan. Any Baptist minister who offered such services could only ever do them in a really half-assed way anyhow. In fact, I'd personally prefer my Baptist minister to have focused specifically on studying the teachings of the Baptist lineage of Christianity and not know much about the Torah or the Koran. Furthermore I'd be far more confident in what he had to say if he told me straight up that he thought that Judaism and Islam were fundamentally flawed. If he didn't think so, why would he choose to be a Baptist minister and not a Rabbi or Iman? Of course it'd a whole different matter if he went from that idea to saying let's convert all the Jews and Muslims and kill all the ones who fail to see the light. But that would be something else entirely.
See, I don't know shit about Vipassana or Tibetan Buddhism or even Rinzai style Zen, or any other sort of Buddhism. In fact I don't even know a fuck of a lot about any forms of Soto style Zen outside of the ones I specifically learned from Tim McCarthy and Gudo Nishijima. I've never practiced the other ones in any serious fashion and I've never been very interested in trying. I'm aware of some teachers within those other lineages whose work I think is pretty decent. But I'm still just not all that intrigued by them. I don't want to destroy any of those other lineages. But honestly speaking I think the lineage I studied in is better and closer to what Buddha really intended. If I didn't think so, why would I teach it? Why would anyone teach a style of Buddhism they were not convinced was the best one? Who would bother listening to such a teacher? Not me.
Buddhism is essentially an oral tradition passed down face-to-face from one teacher to the next. It is not necessary for a teacher in a specific lineage to know anything at all about any form of Buddhism other than the one they received from their teacher. It might be a nice little bonus if they do. Or it might just get in the way (it usually does if you ask me). In any case it's not a requirement, nor should it be an expectation of their students. It's good to get along with other lineages, and we all pretty much do. Some of my best friends are Rinzai! But we don't need to try and incorporate their teachings into ours in order to satisfy some misguided notion that all Buddhist teachers should embrace all forms of Buddhism. Why should they?
The "four foundations of mindfulness" or whatever the fuck that person wrote are just words that try to frame what Buddha was getting at in a specific way. But what Buddha was getting at was not a matter of words. My words or Nishijima's words or Kodo Sawaki's words are exactly the same. But if you go to a teacher within a specific lineage, don't expect that teacher to frame the truth in the same way as someone from another lineage.
However it is vital that a teacher be true to his (or her, but I'm gonna skip the "or her" from here on) tradition and – even more importantly – to his own personal understanding of that tradition. All that touchy feely pan-Buddhism is nothing but watered down teaching. It satisfies folks who strive for some kind of illusion of political correctness. But it's false. You see guys running around these days claiming to be versed in twenty different traditions each of which takes decades to even begin to understand. Unless they're 400 years old they're feeding you a line and you're a sucker if you fall for it.
Whatever. Hope you enjoyed the rant. Feh!
If you're not too pissed off at the foregoing come see me at the following places:
April 29th at 7 PM, talk at Warren Wilson College's Buddhist Studies Group in Asheville, NC.
May 3rd my band 0DFx will play at Pat's in the Flats in Cleveland with This Moment in Black History.
And on May 4th, 0DFx will play at the Kent Stage in Kent, Ohio in commemoration of the 38th anniversary of the infamous shootings by the National Guard.
On Friday May 10th we'll play an in-store show at Square Records in Akron's Highland Square.
Saturday May 10th at 7 PM (or maybe 6, they need to decide yet, call before you go) I'll do a book signing and talk at Visible Voice Books in Cleveland, Ohio's Tremont neighborhood. I think we're showing my movie Cleveland's Screaming! afterwards.
On May 17th and 18th I'll lead a 2-day retreat at the Milwaukee Zen Center.
I'll be one of the teachers at this year's Great Sky Zen Sesshin August 9-16. Check out their webpage for details.
The annual Dogen Sangha retreat in Shizuoka, Japan will be September 20-23.
*No offense intended to those who choose to cross dress or change sexes. I just honestly don't know the appropriate term of address.


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LACMA's high school internship program gives students the opportunity to work with artists, learn about the art in our galleries, and lead exhibition tours. Our current crop of interns had the opportunity to visit the studio of Gronk, a founding member of Asco, a Chicano performance and conceptual art group that was the focus of LACMA's recent special exhibition, Asco: Elite of the Obscure, a Retrospective, 1972–1987, which is currently on view at the Williams College Museum of Art.
Visiting an artist's studio can be an unforgettable experience, especially if that artist is Gronk. Our high school interns had the rare chance to meet the artist and to view his most recent work. Like the true collaborator he is known to be, Gronk asked the interns to share their ideas about art and a rich conversation ensued.
Here's what the interns report:
Gronk in his studio
Jelia Saidi: It was an incredible experience meeting someone with so much experience in the realm of art. Talking to him about jazz was one of the highlights of the trip.
Katarina Palermo: Gronk's studio was creative and perfectly suited for someone with his artistic mind. He inspired us all to work hard and to invest in our favorite artistic expressions, but he also encouraged us to try many different mediums of art.
Gronk in his studio
Marilyn Liu: When I entered into his loft, my eyes could not stop moving around the room. He had art in almost every corner of his home! The interns and Gronk shared a dialogue between our artistic focuses and his. He was such an engaging storyteller that nearly all of us had lost track of time.
Nicole Staake: I found visiting Gronk's studio to be incredibly inspiring. I really enjoyed hearing about the origins of his work because I think that is something you cannot get from a museum show. He was incredibly welcoming and expressive, and I feel so fortunate to have had the opportunity to meet him.
Gronk with LACMA's high school interns in his studio
Azalie Welsh: Learning about Gronk's relationship to art set my own artistic drive burning brighter than it had before! Gronk's fascinating stories of experimentation and exploration opened my eyes to so many new and different possibilities in the art world. Visiting his studio was an amazing opportunity, and something I know I won't forget.
Nicole Cooke: My favorite story of Gronk's was about his dislike of sleeping in beds and how he will fall sleep anywhere but on a bed. I thought that was a very interesting quirk and made me start to notice the cushioned napping areas in his studio.
Harry Park: From set designs to glass blowing, Gronk has done almost every medium or form of art. Gronk not only took interest and learned about our passion but also taught us more about himself by connecting our experiences with his.
LACMA's high school interns, compiled and edited by Sarah Jesse, Director of Community and School Programs, and Eduardo Sanchez and Ben Shaffer, Education Coordinators


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