Alabama to End Isolation of Inmates With H.I.V.

Jamie Martin/Associated Press

The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.

A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.

Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.

Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”

After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.

In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.

H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.

Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.

“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”

Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”

“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.

During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.

The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.

South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.

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Emanuel explores Midway privatization

Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

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Inmate caught 2 days after escape from South Loop lockup

Police entered ahomein Southwest suburban Tinley Park about 11:30 Tuesday morning, searching for two escaped prisoners.

Staff report

2:06 a.m. CST, December 21, 2012

Joseph "Jose" Banks has been caught by authorities late Thursday evening, according to law enforcement sources.

FBI agents and Chicago Police arrested Banks about 11:30 p.m. Thursday in the 2300 block of North Boswworth Avenue in the Sheffield Neighbors neighborhood. 

and his cellmate, Kenneth Conley, both convicted bank robbers were awaiting sentencing and last accounted for at 10 p.m. Monday during a routine bed check, authorities said. About 7 a.m. Tuesday, jail employees arriving for work saw the ropes dangling from a hole in an exterior wall near the 15th floor. The duo used sheets to crawl from a window.

The two had put clothing and sheets under blankets in both their beds to throw off guards making nighttime checks, authorities said.

Cameras mounted to the side of the 28-story Metropolitan Correctional Center in the South Loop captured Banks and Conley sliding down the building shortly after 2:30 a.m. Tuesday on a rope constructed from knotted bedsheets, an employee, who wished to remain anonymous, said. The men left view briefly, but it was believed they landed on the roof of a garage below. Moments later, footage from a different camera showed them hopping a black fence marking the perimeter of the property, according to the employee.

The FBI said a surveillance camera a few blocks from the jail showed the men, who wore light-colored clothing, hailing a taxi at Congress Parkway and Michigan Avenue. They also appeared to be wearing backpacks, according to the FBI.

The manhunt for the inmates included several high-profile raids Tuesday in the southwest suburbs of Tinley Park and New Lenox, where Conley's family and associates lived. A $50,000 reward for information leading to the capture of the two fugitives was announced by the FBI this week.

Conley is still unaccounted for as of Friday morning.

pnickeas@tribune.com

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Insiders steal a march in leak prone Asian markets

SINGAPORE (Reuters) – When South Korean automaker Hyundai Motor Co announced last month it had overstated the fuel efficiency levels on around one million of its cars in the United States and Canada some investors were left fuming more than others.

Some had already sold their shares before the announcement on November 2. The stock fell 4 percent on November 1 with about 2.2 million shares changing hands, the highest trading volume of the year at that point.

“This smells pretty bad,” said Robert Boxwell, director of consulting firm Opera Advisors in Kuala Lumpur who has studied insider dealing patterns.

“It would have fallen into our suspect trading category,” he added.

Boxwell spots suspect trading by looking at how much the volume diverges from the average level in the days before a market moving announcement. In the Hyundai instance, the volume was more than five standard deviations, a measure of variation, away from the daily average of 598,741 shares over the past year.

A Hyundai spokeswoman declined to comment.

Research from the Capital Markets Co-operative Research Centre (CMCRC), an academic centre in Sydney that studies financial market efficiency, found that 26 percent of price-sensitive announcements in Asia Pacific markets showed signs of leakage in the first quarter of this year, the most recent period for which data was available.

That compared with 13 percent in North American markets.

The CMCRC says it looks for suspected information leaks by examining abnormal price moves and trading volumes ahead of price-sensitive announcements.

Investors say one reason for leaks in Asia has been low enforcement rates for insider trading and breaches of disclosure rules. Enforcement in some markets is virtually non-existent.

There are also misconceptions about whether trading on non-public information is a crime.

“The idea that insider trading is wrong rather than smart is only being ingrained in the current generation of Asian players, not the older generation who are often still in the driving seat,” said Peter Douglas, founder of GFIA, a hedge fund consultancy in Singapore.

LOSS OF CONFIDENCE

Japan’s largest investment bank Nomura Holdings was embarrassed this year after regulatory investigations found it leaked information to clients ahead of three public share offerings.

Nomura has acknowledged that its employees leaked information on three share issues it underwrote in 2010. In June, it published the results of an internal investigation that found breaches of basic investment banking safeguards against leaking confidential information and announced a raft of measures to prevent recurrence.

The bank was also fined 200 million yen ($ 2.37 million) by the Tokyo Stock Exchange and 300 million yen by the Japan Securities Dealers Association.

Such leaks hurt companies’ share prices in the long run because investors put in less money if they feel they are not on a level playing field.

“It is very damaging. You may not know how much money you’ve lost but if there is not confidence that the regulators are prosecuting and enforcing the rules on this then it undermines investor confidence and liquidity,” said Jamie Allen, secretary general of the Asian Corporate Governance Association.

The issue isn’t being ignored. Many Asian markets such as Hong Kong and China have tightened their rules on insider trading over the past decade.

Indeed some investors feel that while leaks and insider dealing are unfair, regulators in the region have more serious issues they should be tackling.

“I would like to see the regulators spend more resources on investigating and prosecuting fraud against listed companies, which severely damages shareholder value,” said David Webb, a corporate governance activist in Hong Kong, arguing insider dealing as less of an impact on a company’s long-term share price.

HTC AND APPLE

A week after Hyundai’s announcement about its problems in the United States, there was an unexpected move on the Taiwan Stock Exchange.

Shares in smartphone maker HTC Corp jumped almost seven percent on Friday, November 9, hitting the daily upper trading limit. On Sunday came the surprise announcement that the company was ending its long-running patent dispute with Apple Inc , a move seen as a positive for the stock.

The Taiwan bourse announced it was investigating the trading patterns to see if there was a possible leak.

When asked for comment, HTC referred back to a November 13 statement in which the company said it had kept the Apple settlement process confidential and has strict controls on insider trading.

Michael Lin, a spokesman for the Taiwan Exchange, told Reuters on Friday that the bourse is still working with the regulator on the case.

‘ENORMOUS LOSSES’

Michael Aitken, who oversees research at the CMCRC, said many other Asian markets lack tough enough rules to force information to be released as efficiently and timely as possible, a primary reason for the prevalence of leaks.

“Poor regulation hampers enforcement efforts,” he said pointing out that few markets have the “continuous disclosure” rules used in Australia which require listed companies to release material information as soon as possible.

In Korea, when Hyundai shares started to fall, rumours began swirling that news about a problem with some of its cars was on its way, but investors say it took the company too long to disclose what exactly was happening.

“Hyundai at that time did not confirm the rumours. We suffered enormous losses because of this,” said one fund manager, who declined to be named because he was not authorised to speak to the media.

An official from Korea Exchange declined to comment on whether it was investigating this case, saying only that the exchange looks carefully into possible cases of insider trading.

Across Asia, regulators concede that many company executives and insiders still do not appreciate that leaking or trading on material, non-public information is an offence.

“People don’t even know they are engaging in insider trading, for example if their friends are talking about it on the golf course,” said Tong Daochi director-general for international affairs at the China Securities Regulatory Commission, during a regulation conference last month.

“We try to tell society, what are the criminal issues, what are the insider trading issues? For example we have held 27 press conferences to tell the public what kind of activities are involved in insider trading and to let people know that this is an active crime.” ($ 1 = 84.2600 Japanese yen) ($ 1 = 0.6147 British pounds)

(Reporting by Rachel Armstrong; additional reporting by Nishant Kumar in HONG KONG and Hyunjoo Jin in SEOUL; Editing by Emily Kaiser)

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Marilyn Monroe subway grate photo on view in NYC

NEW YORK (AP) — A famous image of Marilyn Monroe with her skirt billowing atop a New York City subway grate is on display in a picture-perfect spot: outside the Times Square subway station.

The supersized version of Sam Shaw‘s well-known picture is part of an exhibit. The exhibit also features eight of Shaw’s other Monroe pictures, on view inside the 42nd Street-Bryant Park station on the B, D, F, M and 7 lines.

The show opened Thursday. It’ll be up for a year.

Shaw shot the subway grate photo for the 1955 film “The Seven Year Itch.” He took the other pictures in 1957.

The exhibit is part of the Metropolitan Transportation Authority’s Arts for Transit program. Manager Lester Burg says matching a mass transit setting with a popular figure from mass culture seemed a good fit.

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Recipes for Health: Marinated Olives

Andrew Scrivani for The New York Times

Marinated olives.

These are inspired by Patricia Wells’ “Chanteduc Rainbow Olive Collection” in her wonderful book “The Provence Cookbook.” It is best to use olives that have not been pitted.

1/4 cup extra virgin olive oil

2 tablespoons red wine vinegar

5 bay leaves

2 large garlic cloves, peeled, green shoots removed, thinly sliced

Strips of rind from 1 lemon (preferably organic)

1 tablespoon fresh thyme leaves, coarsely chopped

1 teaspoon chopped fresh rosemary

1/2 teaspoon fennel seeds

2 cups imported olives (black, green or a mix) (about 3/4 pound)

 

1. Combine the olive oil, vinegar, bay leaves and garlic in a small saucepan and heat just until warm over low heat. Remove from the heat and stir in the lemon rind, thyme, rosemary and fennel seeds.

2. Place the olives in a wide mouthed jar and pour in the olive oil mixture. Shake the jar to coat the olives. Refrigerate for two hours or for up to two weeks. Shake the jar a few times a day to redistribute the seasonings.

Yield: 2 cups, serving 12

Advance preparation: These will keep for about two weeks in the refrigerator.

Nutritional information per ounce (does not include marinade): 43 calories; 4 grams fat; 0 grams saturated fat; 0 grams polyunsaturated fat; 3 grams monounsaturated fat; 0 milligrams cholesterol; 1 gram carbohydrates; 0 grams dietary fiber; 468 milligrams sodium (does not include salt to taste); 0 grams protein

 

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Feds call for new safety review of airport scanners

Responding to critics, the Department of Homeland Security is launching another safety study of full-body scanners used to screen passengers at the nation's airports.

The Department of Homeland Security, which oversees the Transportation Security Administration, plans to award a contract to the National Academy of Sciences to perform the review.

But the nonprofit group of scientists will only be asked to review previous studies on the safety of a particular type of scanner used by the TSA.

The study comes in response to pressure from TSA critics, including Sen. Susan Collins (R-Maine), who introduced a bill this year to test the safety of the scanners.

[Updated, 3:35 p.m. Dec. 20: In a statement, Collins said she welcomes the new review.

"While TSA has told the public that the amount of radiation emitted from these machines is small, passengers and some scientific experts have raised questions about the impact of repeated exposure to this radiation," she said.] 

In an interview, TSA Administrator John Pistole said several previous studies have already shown the scanners do not expose passengers to dangerous levels of radiation, even for frequent travelers.

But he said he welcomes another study to address the concerns of members of Congress. "After all, they fund us," he said of the Senate and House.

The TSA uses two types of full-body scanners, both of which help the agency look for objects hidden under the clothes of passengers. About half of those scanners expose passengers to X-rays to see through their clothes, with the rest using non-ionizing radio frequency energy, known as millimeter waves.

The scanners that use X-rays, or backscatter technology, have received the most criticism from passenger advocates and scientists, including professors from UC San Francisco. The European Union last year banned the use of backscatter scanners at European airports over health concerns.

The Department of Homeland Security posted an advisory last week, saying it was awarding the National Academy of Science a contract to convene a committee to review whether exposure to backscatter scanners complies with health standards. The academy also is asked to determine whether the design of the machines and the procedures used by TSA staff prevent overexposure of radiation to travelers and the workers.

The proposal does not say when the academy should complete its review.

ALSO:

How new TSA body scans will work

TSA scanners pose negligible risk to passengers, new test shows

LAX's controversial full-body scanners out; new, faster scanners in

Follow Hugo Martin on Twitter at @hugomartin

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Theater review: Hilarious, hometown 'Book of Mormon'

Most of the audience flocking to “The Book of Mormon,” which officially descended on Chicago Wednesday night like satirical manna from some warped “South Park” heaven, are looking for amusement and escape. They'll surely find salvation from the rough old world in this new production of the deliciously over-eager 2011 Broadway hit, newly crafted for Chicago with a clutch of utterly committed, fresh-faced, faux-Mormon lads.

The true revelation in this brand new Chicago production — directed by Casey Nicholaw and Trey Parker and that stands up well to the original Broadway edition — is one Ben Platt, a hilariously funny young actor who finds an entirely different way into Elder Cunningham, the loser-geek Mormon, first played in New York by Josh Gad. He is the partner on this mission to Uganda for the alpha Elder Price (Nic Rouleau, who comes direct from Broadway and is also sharp and generally terrific, although very much in the original mold of the role). Platt, whose comic instincts are exquisite, really leans into this part, throwing himself out there with the abandonment of youth and shrewdly pushing the sincerity and charm of the character while downplaying the obvious manifestation of his quirks. Physical resemblance notwithstanding, Platt kicks the dangerous Jonah Hill-like cliches half way to Christendom, and makes the sidekick role about four times as funny and ten times as believable. He's no “American Idol” vocalist, but you won't care.

Laughs flow like Mormon wagon trains rolling West. But “The Book of Mormon,” like the enigmatic volume it lampoons so mercilessly, is actually a many-layered beast and therein, verily, lies its brilliance.

I'll try and not spoil narrative surprises. Somehow, the writing and composing team of Trey Parker, Robert Lopez and Matt Stone managed to poke wicked fun at the all-American religion without frying on the third rail of religious faith — and all the while convincing their audience that they actually are enjoying a rather sweet show.

“The Book of Mormon” is exquisitely toned. It brilliantly exploits the protection afforded by edges and extremes and mitigates its use of gags about such comedic untouchables as Jesus Christ, AIDS, Africa and genital mutilation (and those are the printable topics) with an earnestness impossible for even a nervous prude to resist. On Wednesday, those prudes were sputtering into their shirt collars with mirth.

In terms of risky content, “The Book of Mormon” makes the Monty Python boys look like they were writing the Acts of the Apostles. Yet it has a sweetness that few other satirical dramatic works have achieved. These Mormons are so lovable you feel half-inclined to take a couple of ‘em home with you. (It’s not like anyone ever wanted to give Mel Brooks a hug.)

Thanks mostly to Lopez, the show not only has a strikingly traditional and whip-tight musical structure; fans of the genre will recognize little stylistic spoofs of “Defying Gravity” from “Wicked,” “Tomorrow” from “Annie” and, of course, the hilarious Act 2 centerpiece wherein earnest Ugandans mangle Mormon doctrine in a skewering of “The Small House of Uncle Thomas” from “The King and I.” Jesus also looks remarkably like Prince Herbert from “Spamalot.”

But for those who hate musicals — and plenty of “South Park” fans are in that category — the caustic, relentless Parker-Stone worldview is very much is in evidence—especially in the truly inspired “spooky Mormon Hell” nightmare sequence centered on Adolf Hitler, Johnnie Cochran (“if it don't fit ..”) and dancing cups of illicit, mock Starbucks. These, they declare, are what keeps the members of the Church of Jesus Christ of Latter-day Saints awake at night. They may well be right. This show steers closer to the truth than you might think.

On a further viewing, I was blown away again by the disciplined narrative logic these writers applied to their outrageous storytelling. That's what comes of creating a TV show from whole imaginative cloth, almost every week for 16 years. One learns how to ensure the outlandish makes perfect sense.

Look behind the gags and you can find much pondering of the central problem faced by all people of faith: the apparent inability of religion to end the suffering of the innocent. You can find discussion of how faith is an all-or-nothing proposition; who could believe about 50 percent of Mormonism? The show lampoons the ability of persons of faith to compartmentalize and, most brilliantly of all, the pervasive nature of racial condescension. Indeed, it's in the racial arena (speaking of third rails) that this show is at its most risky and most admirable, as when white Mormon missionaries sing “We Are Africa” (a dead-on take-down of the smugness of “We Are the World”) even as actual Africans (well, African characters) stare at them in quiet amazement. Chicago actor James Vincent Meredith, who plays Mafala likes he's doing Athol Fugard, is a huge asset to the show.

The one performer who needs work is Syesha Mercado, who plays the lead ingenue role of Nabulungi (her name is constantly bungled as “Neutrogena” and the like by Elder Cunningham). Mercado sings well, albeit at a certain remove, but she has yet to grab hold of the necessary vulnerability of her character and hit the lyrical gags. She was a late replacement and surely will improve with time. Pierce Cassedy, as Elder McKinley (a Mormon who insists on turning off his gay identity) is hilarious and, more importantly, very poignant.

With tickets this scarce and prices this high, you might well wonder if “The Book of Mormon” is worth your time and elevated expectations. Be not afraid, suburban pilgrim. The Chicago production pulses with the just the right combination of Broadway production values, proven material, sufficient buy-in by the original creative team (who all took a bow on opening night) and new young men on a mission, not quite from God.

cjones5@tribune.com

Twitter@ChrisJonesTrib

THE BOOK ON ‘THE BOOK': Check out the Tribune's site dedicated to all things “Book of Mormon,” at chicagotribune.com/bookofmormon.

When: Through June 2

Where: Bank of America Theatre, 18 W. Monroe St.

Running time: 2 hours, 30 minutes

Tickets: $42-$107 at 800-775-2000, broadwayinchicago.com

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Brazilian company releases the ‘IPHONE’ after trademarking the name back in 2000

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$66M Kinkade estate dispute secretly settled

SAN JOSE, Calif. (AP) — Thomas Kinkade‘s widow and girlfriend have reached a settlement after a dispute over the late artist’s $ 66 million estate, their attorneys said Wednesday.

The San Jose Mercury News reports (http://bit.ly/Wq5kti ) that counsel for Nanette Kinkade and his girlfriend Amy Pinto announced the settlement but wouldn’t provide further details, leaving it unclear who will inherit Kinkade’s San Francisco Bay area mansion and his warehouse of paintings.

In a statement, they said the women kept Kinkade’s message of “love, spirituality and optimism” in their amicable resolution.

The dispute went public after the 54-year-old artist died April 6 from an accidental overdose of alcohol and prescription tranquilizers.

Pinto, who began dating Kinkade six months after his marriage of 28 years imploded, claimed Kinkade wrote two notes bequeathing her his mansion and $ 10 million to establish a museum of his paintings. Her lawyers filed court papers stating that she and Kinkade had planned to marry as soon as his divorce went through.

Nanette Kinkade disputed those claims and sought full control of the estate. She portrayed Pinto in court papers as a gold-digger who is trying to cheat the artist’s rightful heirs.

Kinkade, the self-described “Painter of Light,” was known for sentimental scenes of country gardens and pastoral landscapes. His work led to a commercial empire of franchised galleries, reproduced artwork and spin-off products that was said to fetch some $ 100 million each year in sales.

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