Rape trial of teenaged football players to be open to public: Ohio judge

(Reuters) – The controversial trial of two high school football players accused of raping a classmate will remain open to the public and will not be relocated to another town, an Ohio judge ruled on Wednesday.

Prosecutors and an attorney representing the accuser had sought a closed trial, arguing that public access to the juvenile trial would subject the accuser to unwanted publicity and make potential witnesses reluctant to testify.

Visiting Hamilton County Judge Tom Lipps said the presence of the media would prevent inaccurate reporting and enhance public confidence in the juvenile justice system, according to his written ruling, a copy of which was seen by Reuters.

“An open hearing is especially valuable where rumors, mischaracterizations and opinions unsupported by facts have reportedly been repeated in social media postings and other published outlets,” Lipps wrote. “An open hearing will diminish the influence of such postings and publications.”

Prosecutors have accused Ma’Lik Richmond and Trent Mays, both 16, of raping a classmate at a party attended by many teammates last August in Steubenville, a close-knit city of 19,000 near the Pennsylvania border.

The case attracted national attention after the hacker activist group Anonymous publicized a picture of two young men carrying a girl by her wrists and ankles and released a video showing other young men joking about the alleged assault.

Richmond’s lawyer, Walter Madison, said previously on CNN that his client was one of the young men in the photograph – which he said was taken out of context – but does not appear in the video. A lawyer for Mays has not publicly commented on the postings.

Community leaders have accused authorities of protecting the school’s popular football program by not charging more players who could have prevented the alleged attack.

Lipps also ruled on Wednesday that the trial will remain in Steubenville. He set a trial date for March 13.

Reuters generally does not identify people who say they have been victims of sex crimes.

(Editing by Paul Thomasch, Bernard Orr)

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Jason London Suffered 'Brutal Attack' While Being Arrested: Rep

By Maggie Coughlan and Ken Lee

01/30/2013 at 08:30 PM EST

After being arrested following a bar fight in Scottsdale, Ariz., over the weekend, Jason London insists the incident isn't what it seems.

"The details of the events leading up to the incident are still being worked out with the help of many eyewitness testimonies; people who were there with Jason for the duration of the evening and with the recollection Jason does have. We will undoubtedly get to the bottom of the specifics. Neither Jason nor any of the witnesses we have spoken to have any recollection of anything even feeling like it was going south," according to a statement released by London's rep.

The statement claims that "excessive force" was used by the four bouncers during the altercation at the Martini Ranch.

The statement continues: "Bars are institutions where there are drunk people who are sometimes inappropriate and even violent. It is the bouncers' job to remove the problem and if it is necessary, to use force in order to secure the safety of the establishment and patrons. It is not acceptable to retaliate with brutality once that has been accomplished."

London's injuries include "a right orbital fracture, a right maxillary sinus fracture, multiple contusions, multiple hematomas and concussion."

But the cause of the scuffle remains unclear: "In the midst of having a good time, Jason does remember one of the guys saying something about Jason looking at his friend's girl wrong and grabbing and dragging him. The next thing Jason remembers was coming to with the cops arresting him," the statement reads.

Following his arrest, the actor – who is best known for his role in Dazed and Confused – allegedly intentionally defecated in the backseat of a patrol car, the police report claims.

The report also states that the twin brother of Jeremy London continually cursed at the officer, dropping a homophobic slur and telling the officer to "look me up" because "I'm rich" and "a famous actor."

Managers for the Martini Ranch weren't immediately available for comment.

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Sex to burn calories? Authors expose obesity myths

Fact or fiction? Sex burns a lot of calories. Snacking or skipping breakfast is bad. School gym classes make a big difference in kids' weight.

All are myths or at least presumptions that may not be true, say researchers who reviewed the science behind some widely held obesity beliefs and found it lacking.

Their report in Thursday's New England Journal of Medicine says dogma and fallacies are detracting from real solutions to the nation's weight problems.

"The evidence is what matters," and many feel-good ideas repeated by well-meaning health experts just don't have it, said the lead author, David Allison, a biostatistician at the University of Alabama at Birmingham.

Independent researchers say the authors have some valid points. But many of the report's authors also have deep financial ties to food, beverage and weight-loss product makers — the disclosures take up half a page of fine print in the journal.

"It raises questions about what the purpose of this paper is" and whether it's aimed at promoting drugs, meal replacement products and bariatric surgery as solutions, said Marion Nestle, a New York University professor of nutrition and food studies.

"The big issues in weight loss are how you change the food environment in order for people to make healthy choices," such as limits on soda sizes and marketing junk food to children, she said. Some of the myths they cite are "straw men" issues, she said.

But some are pretty interesting.

Sex, for instance. Not that people do it to try to lose weight, but claims that it burns 100 to 300 calories are common, Allison said. Yet the only study that scientifically measured the energy output found that sex lasted six minutes on average — "disappointing, isn't it?" — and burned a mere 21 calories, about as much as walking, he said.

That's for a man. The study was done in 1984 and didn't measure the women's experience.

Among the other myths or assumptions the authors cite, based on their review of the most rigorous studies on each topic:

—Small changes in diet or exercise lead to large, long-term weight changes. Fact: The body adapts to changes, so small steps to cut calories don't have the same effect over time, studies suggest. At least one outside expert agrees with the authors that the "small changes" concept is based on an "oversimplified" 3,500-calorie rule, that adding or cutting that many calories alters weight by one pound.

—School gym classes have a big impact on kids' weight. Fact: Classes typically are not long, often or intense enough to make much difference.

—Losing a lot of weight quickly is worse than losing a little slowly over the long term. Fact: Although many dieters regain weight, those who lose a lot to start with often end up at a lower weight than people who drop more modest amounts.

—Snacking leads to weight gain. Fact: No high quality studies support that, the authors say.

—Regularly eating breakfast helps prevent obesity. Fact: Two studies found no effect on weight and one suggested that the effect depended on whether people were used to skipping breakfast or not.

—Setting overly ambitious goals leads to frustration and less weight loss. Fact: Some studies suggest people do better with high goals.

Some things may not have the strongest evidence for preventing obesity but are good for other reasons, such as breastfeeding and eating plenty of fruits and vegetables, the authors write. And exercise helps prevent a host of health problems regardless of whether it helps a person shed weight.

"I agree with most of the points" except the authors' conclusions that meal replacement products and diet drugs work for battling obesity, said Dr. David Ludwig, a prominent obesity research with Boston Children's Hospital who has no industry ties. Most weight-loss drugs sold over the last century had to be recalled because of serious side effects, so "there's much more evidence of failure than success," he said.

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Online:

Obesity info: http://www.cdc.gov/obesity/data/trends.html

New England Journal: http://www.nejm.org

___

Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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GOP legislators propose California school districts arm teachers

SACRAMENTO — A group of Republican state lawmakers Wednesday proposed allowing school districts to spend education funds to train teachers, administrators and janitors in gun use.

Responding to last month's mass shooting at Sandy Hook Elementary School in Newtown, Conn., the lawmakers said arming school personnel would help protect campuses against violent intruders.

"The idea is to create essentially an invisible line of defense around our kids," said Assemblyman and tea party adherent Tim Donnelly of San Bernardino. He and one of his coauthors announced the proposal at a Capitol news conference.

Donnelly, who is exploring a run for governor, said his bill was an alternative to a dozen introduced by Democrats to impose tighter gun controls, some of which he called a violation of the right to bear arms. He invoked the name of Sandy Hook teacher Victoria Soto, who was killed trying to protect her students.

"We have a moral obligation that the next Vicki Soto who is faced with inexplicable evil … not be left defenseless," he said. If she were armed, "she would have the ability to stop or at least slow down the killer."

He said the proposal, AB 202, is modeled after the federal air marshal program, which assigns armed, plainclothes officers to many commercial flights to guard against terrorism.

Sen. Leland Yee (D-San Francisco), a former school psychologist, said the bill would face insurmountable opposition in the Legislature.

"With all due respect to my Republican colleagues, that [bill] is just absolutely ludicrous," Yee said. "I don't know of any educator who would be interested in packing a gun into a school."

Sen. Ted Lieu (D-Torrance), who has introduced legislation requiring every school to have a safety plan for emergencies, said Donnelly's bill goes in the wrong direction.

"The goal of school safety is not to see who can win a gunfight," Lieu said. "It is to prevent shootings in the first place and keep guns out of schools."

Donnelly, who was once fined more than $2,200 for taking a loaded gun to Ontario International Airport, said the school marshal program would ensure that those carrying concealed weapons have permits and training. No one outside the school administration would know the identity of marshals on campus.

Teachers don't want to assume a role outside their expertise, said Dean Vogel, president of the giant California Teachers' Assn. Campus police trained in firearms tactics are better suited for the job, he said.

"Putting more guns in schools is really not the way to go," Vogel said. "Armed security should be left to the experts."

Supporters of the bill include Republican Assembly members Shannon Grove of Bakersfield, Curt Hagman of Chino Hills, Diane L. Harkey of Dana Point, Brian Jones of Santee and Donald P. Wagner of Irvine, as well as Republican Sen. Stephen Knight of Palmdale.

patrick.mcgreevy@latimes.com

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Egyptian Army Chief Warns of Collapse Amid Chaos

Tara Todras-Whitehill for The New York Times

An Egyptian protester throws a tear gas canister during clashes with riot police in Cairo on Tuesday.

CAIRO — As three Egyptian cities defied President Mohamed Morsi’s attempt to quell the anarchy spreading through their streets, the nation’s top general warned Tuesday that the state itself was in danger of collapse if the feuding civilian leaders could not agree on a solution to restore order.

Thousands of residents poured into the streets of the three cities, protesting a 9 p.m. curfew with another night of chants against Mr. Morsi and assaults on the police.

The president appeared powerless to stop them: he had already granted the police extralegal powers to enforce the curfew and then called out the army as well. His allies in the Muslim Brotherhood and their opposition also proved ineffectual in the face of the crisis, each retreating to their corners, pointing fingers of blame.

The general’s warning punctuated a rash of violent protests across the country that has dramatized the near-collapse of the government’s authority. With the city of Port Said proclaiming its nominal independence, protesters demanded the resignation of Mr. Morsi, Egypt’s first freely elected president, while people across the country appeared convinced that taking to the streets in protests was the only means to get redress for their grievances.

Just five months after Egypt’s president assumed power from the military, the cascading crisis revealed the depth of the distrust for the central government left by decades of autocracy, two years of convoluted transition and his own acknowledged missteps in facing the opposition. With cities in open rebellion and the police unable to tame crowds, the very fabric of society appears to be coming undone.

The chaos has also for the first time touched pillars of the long-term health of Egypt’s economy, already teetering after two years of turbulence since the ouster of Hosni Mubarak. While a heavy deployment of military troops along the Suez Canal — a vital source of revenue — appeared to insulate it from the strife in Port Said, Suez and Ismailia, the clashes near Tahrir Square in Cairo spilled over for the first time into an armed assault on the historic Semiramis InterContinental Hotel, sending tremors of fear through the vital tourism sector.

With the stakes rising and no solution in sight, Gen. Abdul Fattah el-Sisi, the defense minister, warned Egypt’s new Islamist leaders and their opponents that “their disagreement on running the affairs of the country may lead to the collapse of the state and threatens the future of the coming generations.”

“Political, economic, social and security challenges” require united action “by all parties” to avoid “dire consequences that affect the steadiness and stability of the homeland,” General Sisi said in an address to military cadets that was later relayed as public statement from his spokesman. And the acute polarization of the civilian politics, he suggested, had now becoming a concern of the military because “to affect the stability of the state institutions is a dangerous matter that harms Egyptian national security.”

Coming just months after the military relinquished the power it seized at the ouster of Mr. Mubarak, General Sisi’s rebuke to the civilian leaders inevitably raised the possibility that the generals might once again step into civilian politics. There was no indication of an imminent coup.

Analysts familiar with General Sisi’s thinking say that unlike his predecessors, he wants to avoid any political entanglements. But the Egyptian military has prided itself on its dual military and political role since Col. Gamal Abdel Nasser’s coup more six decades ago. And General Sisi insisted Tuesday it would remain “the solid mass and the backbone upon which rest the Egyptian state’s pillars.”

With the army now caught between the president’s instructions to restore order and the citizens’ refusal to comply, he said, the “armed forces are facing a serious dilemma” as they seek to end the violence without “confronting citizens and their right to protest.”

The attack on the Semiramis Hotel, between the American Embassy and the Nile in one of the most heavily guarded neighborhoods of the city, showed how much security had deteriorated. And it testified to the difficult task that the civilian government faces in trying to rebuild public security and trust.

Kareem Fahim and Mayy El Sheikh contributed reporting from Cairo.

Kareem Fahim and Mayy El Sheikh contributed reporting from Cairo.

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BlackBerry 10 said to be inadequate for helping RIM overcome its ‘demons’

After hitting a seven-year low of $ 6.22 this past summer, shares of Research in Motion (RIMM) have rebounded and climbed more than 100% in the past six months. The company that was previously written off by Wall Street investors has seen a significant boost in recent months as anticipation grows for its BlackBerry 10 operating system. But while a number of analysts have voiced their support for RIM, not everyone is convinced.

[More from BGR: Apple’s 128GB iPad shows the world exactly what Apple does best]

Jan Dawson of Ovum explained, per Benzinga, that RIM continues to “face the twin demons of consumer-driven buying power and a chronic inability to appeal to mature market consumers,” and he believes BlackBerry 10 won’t change this. The analyst said that due to a strong user base of 79 million subscribers and profitability still in the black, the company will remain for years to come. He was quick to note, however, that its glory days are in the past and “it is only a matter of time before it reaches a natural end.”

[More from BGR: Apple unveils new 128GB iPad]

Dawson previously wrote that RIM’s strategy seems to be focused on building the best devices for current BlackBerry users “rather than something that will necessarily win converts from other platforms.”

“The points of differentiation RIM has focused on in teasers for the new platform confirm this – better multitasking, productivity, email, contacts and calendar applications and so on, rather than a better gaming, content consumption or social networking experience,” he said.

Shares of RIM are down more than 6% on Monday, a day before the company is set to unveil its BlackBerry 10 operating system.

This article was originally published on BGR.com

Gadgets News Headlines – Yahoo! News

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Ashley Judd Splits from Husband Dario Franchitti

01/29/2013 at 08:05 PM EST

Ashley Judd and Dario Franchitti

Robin Marchant/Wireimage

Ashley Judd and Dario Franchitti are splitting after more than a decade of marriage.

"We have mutually decided to end our marriage. We'll always be family and continue to cherish our relationship based on the special love, integrity, and respect we have always enjoyed," Judd, 44, and Franchitti, 39, tell PEOPLE exclusively in a statement on Tuesday.

After being engaged for about two years, the Missing star and the racecar driver tied the knot in a highly private ceremony in Scotland in 2001.

Judd's sister, Wynonna Judd, served as maid of honor, while the groom's brother Mario was the best man. – Julie Jordan

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Soldier with new arms determined to be independent

BALTIMORE (AP) — After weeks of round-the-clock medical care, Brendan Marrocco insisted on rolling his own wheelchair into a news conference using his new transplanted arms. Then he brushed his hair to one side.

Such simple tasks would go unnoticed in most patients. But for Marrocco, who lost all four limbs while serving in Iraq, these little actions demonstrate how far he's come only six weeks after getting a double-arm transplant.

Wounded by a roadside bomb in 2009, the former soldier said he could get by without legs, but he hated living without arms.

"Not having arms takes so much away from you. Even your personality, you know. You talk with your hands. You do everything with your hands, and when you don't have that, you're kind of lost for a while," the 26-year-old New Yorker told reporters Tuesday at Johns Hopkins Hospital.

Doctors don't want him using his new arms too much yet, but his gritty determination to regain independence was one of the chief reasons he was chosen to receive the surgery, which has been performed in the U.S. only seven times.

That's the message Marrocco said he has for other wounded soldiers.

"Just not to give up hope. You know, life always gets better, and you're still alive," he said. "And to be stubborn. There's a lot of people who will say you can't do something. Just be stubborn and do it anyway. Work your ass off and do it."

Dr. W.P. Andrew Lee, head of the team that conducted the surgery, said the new arms could eventually provide much of the same function as his original arms and hands. Another double-arm transplant patient can now use chopsticks and tie his shoes.

Lee said Marrocco's recovery has been remarkable, and the transplant is helping to "restore physical and psychological well-being."

Tuesday's news conference was held to mark a milestone in his recovery — the day he was to be discharged from the hospital.

Next comes several years of rehabilitation, including physical therapy that is going to become more difficult as feeling returns to the arms.

Before the surgery, he had been living with his older brother in a specially equipped home on New York's Staten Island that had been built with the help of several charities. Shortly after moving in, he said it was "a relief to not have to rely on other people so much."

The home was heavily damaged by Superstorm Sandy last fall.

"We'll get it back together. We've been through a lot worse than that," his father, Alex Marrocco, said.

For the next few months, Marrocco plans to live with his brother in an apartment near the hospital.

The former infantryman said he can already move the elbow on his left arm and rotate it a little bit, but there hasn't been much movement yet for his right arm, which was transplanted higher up.

Marrocco's mother, Michelle Marrocco, said he can't hug her yet, so he brushes his left arm against her face.

The first time he moved his left arm was a complete surprise, an involuntary motion while friends were visiting him in the hospital, he said.

"I had no idea what was going through my mind. I was with my friends, and it happened by accident," he recalled. "One of my friends said 'Did you do that on purpose?' And I didn't know I did it."

Marrocco's operation also involved a technical feat not tried in previous cases, Lee said in an interview after the news conference.

A small part of Marrocco's left forearm remained just below his elbow, and doctors transplanted a whole new forearm around and on top of it, then rewired nerves to serve the old and new muscles in that arm.

"We wanted to save his joint. In the unlucky event we would lose the transplant, we still wanted him to have the elbow joint," Lee said.

He also explained why leg transplants are not done for people missing those limbs — "it's not very practical." That's because nerves regrow at best about an inch a month, so it would be many years before a transplanted leg was useful.

Even if movement returned, a patient might lack sensation on the soles of the feet, which would be unsafe if the person stepped on sharp objects and couldn't feel the pain.

And unlike prosthetic arms and hands, which many patients find frustrating, the ones for legs are good. That makes the risks of a transplant not worth taking.

"It's premature" until there are better ways to help nerves regrow, Lee said.

Now Marrocco, who was the first soldier to survive losing all four limbs in the Iraq War, is looking forward to getting behind the wheel of his black 2006 Dodge Charger and hand-cycling a marathon.

Asked if he could one day throw a football, Dr. Jaimie Shores said sure, but maybe not like Baltimore Ravens quarterback Joe Flacco.

"Thanks for having faith in me," Marrocco interjected, drawing laughter from the crowd.

His mother said Marrocco has always been "a tough cookie."

"He's not changed that, and he's just taken it and made it an art form," Michelle Marrocco said. "He's never going to stop. He's going to be that boy I knew was going to be a pain in my butt forever. And he's going to show people how to live their lives."

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Associated Press Chief Medical Writer Marilynn Marchione in Milwaukee and AP writer David Dishneau in Hagerstown, Md., contributed to this report.

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Woman who drowned autistic son gets prison time

A 37-year-old San Diego woman who told police she killed her son because of the burden of caring for an autistic child was sentenced Monday to 15 years to life in prison after pleading guilty to second-degree murder.

Patricia Corby drowned her 4-year-old son, Daniel, in the family bathtub March 31 while her husband was at work, according to evidence submitted in court.

"I hate you with all my heart and soul," Duane Corby told the woman before San Diego County Superior Court Judge Charles Gill sentenced her for the death of the boy.

After killing her son, she tried to commit suicide but failed, according to evidence.

She wrapped the boy in a blanket and took his lifeless body to a police substation responsible for their Carmel Valley neighborhood.

Under Gill's sentence, Corby will not be eligible for a reduced sentence due to good behavior while in prison. Corby's husband told investigators that he had never seen any signs of mental illness in his wife.

The family had spent $70,000 trying to find help for their son, according to evidence in court.

Corby kept her head bowed in court as relatives told the judge about the pain caused by the boy's death, including an aunt who said the boy is probably looking down from heaven and asking, "Mama, why did you kill me?"

ALSO:

Manti Te'o hoax: Diane O'Meara says she was hounded for photos

Latino kids disproportionately victimized by teachers, lawyer says

Frank Ocean wants Chris Brown prosecuted in clash over parking spot

-- Tony Perry in San Diego

Photo: Patricia Corby at arraignment. Credit: Fox-5 San Diego

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Protests Grow on Fifth Day of Unrest in Egypt

Tara Todras-Whitehill for The New York Times

Egyptians in Port Said mourned on Monday for people killed in clashes with the police a day earlier.

PORT SAID, Egypt — The police fired indiscriminately into the streets outside their besieged station, a group of protesters arrived with a crate of gasoline bombs, and others cheered a masked man on a motorcycle who arrived with a Kalashnikov.

The growing chaos along the vital canal zone showed little sign of abating on Monday as President Mohamed Morsi called out the army to try to regain control of three cities along the Suez Canal whose growing lawlessness is testing the integrity of the Egyptian state.

In Port Said, street battles reached a bloody new peak with a death toll over three days of at least 45, with at least five more protesters killed by bullet wounds, hospital officials said.

Such violence has flared across Egypt with increasing frequency since President Hosni Mubarak was forced out by the revolution two years ago.

President Morsi had already declared a monthlong state of emergency here and in the other canal towns of Suez and Ismailia, applying a Mubarak-era law that virtually eliminates due process protections against abuse by the police. Angry crowds burned tires and hurled rocks at the police. And the police, with little training and less credibility, hunkered down behind barrages of tear gas, birdshot and occasional bullets.

The sense that the state was unraveling may have been strongest here in Port Said, where demonstrators have proclaimed their city an independent nation. But in recent days the unrest has risen in towns across the country and in Cairo as well. In the capital on Monday, a mob of protesters managed to steal an armored police vehicle, drive it to Tahrir Square and make it a bonfire.

After two years of torturous transition, Egyptians have watched with growing anxiety as the erosion of the public trust in the government and a persistent security vacuum have fostered a new temptation to resort to violence to resolve disputes, said Michael Hanna, a researcher at the New York-based Century Foundation who is now in Cairo. “There is a clear political crisis that has eroded the moral authority of the state,” he said.

And the spectacular evaporation of the government’s authority here in Port Said has put that crisis on vivid display, most conspicuously in the rejection of Mr. Morsi’s declarations of the curfew and state of emergency.

As in Suez and Ismailia, tens of thousands residents of Port Said poured into the streets in defiance just as a 9 p.m. curfew was set to begin. Bursts of gunfire echoed through the city for the next hours, and between 9 and 11 p.m. hospital officials raised the death count to seven from two.

When two armored personnel carriers approached a funeral Monday morning for some of the seven protesters killed the day before, a stone-throwing mob of thousands quickly chased them away. And within a few hours the demonstrators had resumed their siege of a nearby police station, burning tires to create a smoke screen to hide behind amid tear gas and gunfire.

Many in the city said they saw no alternative but to continue to stay in the streets. They complained that the hated security police remained unchanged and unaccountable even after Mr. Mubarak had been ousted. They saw no recourse in the justice system, which is also unchanged; they dismissed the courts as politicized, especially after the acquittals of all those accused of killing protesters during the revolution. Then came the death sentences handed down Saturday to 21 Port Said soccer fans for their role in a deadly brawl. The death sentences set off the current unrest here.

Nor, they said, did they trust the political process that brought to power Mr. Morsi and his Islamist allies in the Muslim Brotherhood. He had vowed to usher in the rule of law as “a president for all Egyptians.” But in November he used a presidential decree to temporarily stifle potential legal objections so that his Islamist allies could rushed out a new Constitution. His authoritarian move kicked off a sharp uptick in street violence leading to this weekend’s Port Said clashes.

“Injustice beyond imagination,” one man outside the morning funeral said of Mr. Morsi’s emergency decree, before he was drowned out a crowd of others echoing the sentiment.

“He declared a curfew, and we declare civil disobedience,” another man said.

“This doesn’t apply to Port Said because we don’t recognize him as our president,” said a third. “He is the president of the Muslim Brotherhood only.”

Kareem Fahim contributed reporting from Cairo.

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