Colo. Suspect Bought Ticket 12 Days Before Shooting

Accused Aurora movie theater gunman James Holmes bought his movie ticket 12 days before the shooting, it was revealed in court today during the emotional first day of a preliminary hearing.

Aurora Police Department homicide detective Matthew Ingui testified that there is no video surveillance of the actual shooting, but there are several photos of Holmes checking into the theater kiosk with his cellphone. He scanned his phone three times.

Surveillance footage shown in court for the first time also showed Holmes lingering by the concession stand for about three minutes before entering theater nine dressed in dark pants, a light colored shirt and a skull cap. He would later be caught wearing a bullet proof vest and a gas mask.

Another video showed the lobby the moment theater staff heard shots ring out. Some of them ducked behind counters as people started streaming out of the front door.

Ingui also testified about the positions of the bodies in the theater, strewn across seats and aisles.

Click here for full coverage of the Aurora movie theater shooting.

Holmes is accused of killing 12 people and wounding dozens more in the movie theater massacre.

Earlier in the day, two veteran police officers broke down on the stand, with one officer choking up when he described finding the body of a 6-year-old girl inside the theater.

Sgt. Gerald Jonsgaard needed a moment to compose himself as he described finding the little girl, Veronica Moser Sullivan, in the blood splattered theater.

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An officer felt for a pulse and thought Veronica was still alive, Jonsgaard said, but the officer then realized he was feeling his own pulse.

The officers wiped away tears as they described the horror they found inside of theater nine.

Officer Justin Grizzle recounted seeing bodies lying motionless on the floor, surrounded by so much blood he nearly slipped and fell.

Grizzle, a former paramedic, says ambulances had not yet made it to the theater, so he began loading victims into his patrol car and driving to the hospital.

"I knew I needed to get them to the hospital now, " Grizzle said, tearing up. "I didn't want anyone else to die."

Grizzle drove six victims in four trips, saying that by the end there was so much blood in his patrol car he could hear it "sloshing around."

An officer who took the stand earlier today described Holmes as "relaxed" and "detached" when police confronted him just moments after the shooting stopped.

The first two officers to testify today described responding to the theater and spotting Holmes standing by his car at the rear of the theater on July 20, 2012. He allegedly opened fire in the crowded theater during the midnight showing of "The Dark Knight Rises."

Officer Jason Oviatt said he first thought Holmes was a cop because he was wearing a gas mask and helmet, but as he got closer realized he was not an officer and held Holmes at gunpoint.

Throughout the search and arrest, Holmes was extremely compliant, the officer said.

"He was very, very relaxed," Oviatt said. "These were not normal reactions to anything. He seemed very detached from it all."

Oviatt said Holmes had extremely dilated pupils and smelled badly when he was arrested.

Officer Aaron Blue testified that Holmes volunteered that he had four guns and that there were "improvised explosive devices" in his apartment and that they would go off if the police triggered them.

Holmes was dressed for the court hearing in a red jumpsuit and has brown hair and a full beard. He did not show any reaction when the officers pointed him out in the courtroom.

This is the most important court hearing in the case so far, essentially a mini-trial as prosecutors present witness testimony and evidence -- some never before heard -- to outline their case against the former neuroscience student.

The hearing at the Arapahoe County District Court could last all week. At the end, Judge William Sylvester will decide whether the case will go to trial.

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Ex-governor in North Korea with Google chief; seeks American's release

SEOUL (Reuters) - Former New Mexico Governor Bill Richardson and Google Executive Chairman Eric Schmidt began a controversial private mission to North Korea on Monday that will include an effort to secure the release of an imprisoned American.

The trip comes after North Korea carried out a long-range rocket test last month and as, according to satellite imagery, the reclusive state continues work on its nuclear testing facilities, potentially paving the way for a third nuclear bomb test.

Footage from North Korean state television showed Richardson and Schmidt at the Pyongyang airport on Monday evening.

"We are going to ask about the American who's been detained. A humanitarian private visit." Richardson said.

Richardson's efforts to seek the release of Kenneth Bae, a Korean-American tour guide who was detained last year will mark the latest in a series of high-profile visits over the years to free Americans detained by Pyongyang.

The delegation comprised Schmidt, his daughter, Richardson and Google executive Jared Cohen, according to South Korean news media and it arrived in Pyongyang on a flight from the Chinese capital, Beijing.

The mission has been criticized by the United States due to the sensitivity of the timing. The United States does not have diplomatic relations with North Korea and the isolated and impoverished state remains technically at war with U.S. ally South Korea.

"We continue to think the trip is ill-advised," U.S. State Department spokeswoman Victoria Nuland said in Washington. Last week she said the main U.S. objection was that the trip came so soon after North Korea's much-criticized December 12 rocket launch.

South Korea is in the midst of a transition to a new president who will take office in February, while Japan, another major U.S. ally in the region, has a new prime minister.

A U.S. official said the trip's timing was particularly bad from the Obama administration's point of view because it comes as the U.N. Security Council ponders how to respond to the North Korean missile launch.

"We are in kind of a classical provocation period with North Korea. Usually, their missile launches are followed by nuclear tests," said the official, who spoke on condition of anonymity.

"During these periods, it's very important that the international community come together, certainly at the level of the U.N. Security Council, to demonstrate to North Korea that they pay a price for not living up to their obligations."

Richardson, a former ambassador to the United Nations, has made numerous trips to North Korea in the past that have included efforts to free detained Americans. The reasons for Schmidt's involvement in the trip are not clear, though Google characterized it as "personal" travel.

Schmidt did not respond to requests for comment.

Richardson told CBS television last Friday that he had been contacted by Bae's family and that he would raise the issue while in North Korea.

Pyongyang's most notable success was securing a visit from former President Bill Clinton in 2009 to win the release of two American journalists.

Last year, Jared and Schmidt met defectors from North Korea, a state that ranks bottom in an annual survey of Internet and press freedom by Reporters Without Borders.

Media reports and think tanks say that officials from the North Korean government went to Google's headquarters in 2011, something the U.S. technology giant declined to comment on.

(Additional reporting by Cho Meeyoung and WASHINGTON Bureau; Editing by Michael Perry, Ron Popeski and David Brunnstrom)

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"17 billion" Earth-sized planets in Milky Way: study

WASHINGTON: The Milky Way contains at least 17 billion planets the size of Earth, and likely many more, according to a study out Monday that raises the chances of discovering a sister planet to ours.

Astronomers using NASA's Kepler spacecraft found that about 17 per cent of stars in our galaxy have a planet about the size of Earth in a close orbit.

The Milky Way is known to host about 100 billion stars, meaning that about one of every six has an Earth-sized planet around it.

The finding does not mean that all those planets beyond our solar system, or exoplanets, could be habitable, though it increases the chances of finding planets similar to Earth.

In order to host life, and allow water to flow in liquid form, a planet must be at a distance from its star that allows surface temperatures to be neither too hot nor too cold.

The Kepler craft detected possible exoplanets when they passed in front of their star, creating a mini-eclipse that dims the star slightly.

During the first 16 months of the survey, Kepler identified about 2,400 candidates.

Francois Fressin, of the Harvard-Smithsonian Center for Astrophysics, and his colleagues used the results to determine which signals were true and to list the exoplanets by size.

They found that 17 percent of stars have a planet 0.8 to 1.25 times the size of Earth in an orbit of 85 days or less.

About a fourth of stars have a super Earth (1.25 to twice the size of Earth) in an orbit of 150 days or less, with a same fraction having a mini Neptune (two to four times Earth) in orbits up to 250 days long.

Larger planets are a much rarer occurrence. Only about three percent of stars have a large Neptune (four to six times Earth) and only five percent have a gas giant (six to 22 times Earth) in an orbit of 400 days or less.

The researchers presented the analysis at a meeting of the American Astronomical Society in Long Beach, California.

Separately, NASA's Kepler mission announced it had discovered 461 new possible planets.

Four of them are less than twice the size of Earth and orbit their sun's "habitable zone," where liquid water might exist on the planet's surface and thus make life possible.

The findings, based on observations conducted from May 2009 to March 2011, showed the number of smaller-size planet candidates and the number of stars with more than one candidate steadily rising.

-AFP/ac

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Yadavinder Singh's anniversary a low key affair

PATIALA: Once celebrated as a big event, the 100th birth anniversary of late Maharaja Yadavindra Singh of Patiala on Monday passed off without any grand celebrations. A majority of the city residents were not even aware of the event as the family members of the late ruler preferred to celebrate it at a personal level.

"There should at least be a small function so that our younger generation knows about the birth anniversary of the king, who fought with enemies to save Patiala," said Khushwinderpal, who has run a shop in Quila Mubarak for last 30 years.

Family members and some relatives of Punjab Pradesh Congress Committee president Amarinder Singh, who is the elder son of the Maharaja, reached Patiala on Saturday evening and attended a bhog ceremony at Qila Mubarak the next morning.

About the lack of care of many properties of the family, including Qila Mubarak, Sheesh Mahal, Old Moti Bagh Palace, National Institute of Sports and Pinjore Gardens, which were donated by Maharaja Yadavinder Singh to the government, Malvinder accused both the Central and state government of playing politics.

"The Union and the state government must remember that now these properties belong to the nation and must be maintained properly. These were donated for better maintenance as my family alone could not do so properly. But almost all the buildings are dying a slow death due to lack of care," alleged Malvinder.

Although Malvinder parted ways with his brother and family to join the Shiromani Akali Dal (SAD) in February 2012, they continue to play a perfect host to their relatives, who are expected here on every birthday of their father. "It's purely a family function and has nothing to do with politics. Our entire family is united during all our personal functions," he added.

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Report: Death rates from cancer still inching down

WASHINGTON (AP) — Death rates from cancer are continuing to inch down, researchers reported Monday.

Now the question is how to hold onto those gains, and do even better, even as the population gets older and fatter, both risks for developing cancer.

"There has been clear progress," said Dr. Otis Brawley of the American Cancer Society, which compiled the annual cancer report with government and cancer advocacy groups.

But bad diets, lack of physical activity and obesity together wield "incredible forces against this decline in mortality," Brawley said. He warned that over the next decade, that trio could surpass tobacco as the leading cause of cancer in the U.S.

Overall, deaths from cancer began slowly dropping in the 1990s, and Monday's report shows the trend holding. Among men, cancer death rates dropped by 1.8 percent a year between 2000 and 2009, and by 1.4 percent a year among women. The drops are thanks mostly to gains against some of the leading types — lung, colorectal, breast and prostate cancers — because of treatment advances and better screening.

The news isn't all good. Deaths still are rising for certain cancer types including liver, pancreatic and, among men, melanoma, the most serious kind of skin cancer.

Preventing cancer is better than treating it, but when it comes to new cases of cancer, the picture is more complicated.

Cancer incidence is dropping slightly among men, by just over half a percent a year, said the report published by the Journal of the National Cancer Institute. Prostate, lung and colorectal cancers all saw declines.

But for women, earlier drops have leveled off, the report found. That may be due in part to breast cancer. There were decreases in new breast cancer cases about a decade ago, as many women quit using hormone therapy after menopause. Since then, overall breast cancer incidence has plateaued, and rates have increased among black women.

Another problem area: Oral and anal cancers caused by HPV, the sexually transmitted human papillomavirus, are on the rise among both genders. HPV is better known for causing cervical cancer, and a protective vaccine is available. Government figures show just 32 percent of teen girls have received all three doses, fewer than in Canada, Britain and Australia. The vaccine was recommended for U.S. boys about a year ago.

Among children, overall cancer death rates are dropping by 1.8 percent a year, but incidence is continuing to increase by just over half a percent a year. Brawley said it's not clear why.

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Hagel to Be Obama's Defense Secretary Nominee

Jan 6, 2013 4:52pm

(Junko Kimura/Getty Images)

WASHINGTON, D.C. — President Obama will nominate former senator Chuck Hagel to be his next Secretary of Defense tomorrow.

Senior officials within the administration and Capitol Hill confirmed the pick to ABC News today after the Nebraska Republican had emerged as a frontrunner among potential candidates several weeks ago.

Hagel, 66, is a decorated Vietnam veteran and businessman who served in the senate from 1997 to 2009. After having sat on that chamber’s Foreign Relations and Intelligence Committees,  he has in recent years gathered praise from current and former diplomats for his work on Obama’s Intelligence Advisory Board as well as the policy board of the current Defense Secretary Leon Panetta.

But the former lawmaker faces an upscale battle in the coming confirmation hearings in Congress; critics on both sides of the aisle have taken aim at his record toward Israel and what some have called a lack of experience necessary to lead the sprawling Pentagon bureaucracy or its operations.

Progressives have also expressed concern about comments he made in 1998, questioning whether an “openly, aggressively gay” James Hormel could be nominated to an ambassador position by then-President Clinton. Hagel apologized for the comments last month, adding that he also supported gays in the military – a position he once opposed.

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The friction with his former colleagues has left a degree of uncertainty in the air going into the hearings. Today on ABC’s “This Week,” Senate Republican Leader Mitch McConnell demurred when asked whether he would support the man who, in 2008, he had championed for his candidness and stature in foreign policy.

“I’m going to wait and see how the hearings go and see whether Chuck’s views square with the job he would be nominated to do,” he told George Stephanopoulos.

Senator Lindsey Graham was more blunt in his opposition to Hagel on CNN. The Georgia Republican called Hagel an “in your face nomination,” and said he “would be the most antagonistic secretary of defense towards the state of Israel in our nation’s history.”

If confirmed, Hagel will join a crop of new cabinet members expected to join the president in his second term, including Sen. John Kerry, D-Mass., who was nominated in December to replace Hillary Clinton as Secretary of State.

ABC’s Elizabeth Hartfield and Devin Dwyer contributed reporting.

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Activists wary as India rushes to justice after gang rape

NEW DELHI (Reuters) - It's no surprise the Indian street wants faster, harsher justice for sexual crimes after a horrific gang rape that rocked the nation, but some activists worry the government will trample fundamental rights in its rush to be in tune with popular rage.

Last month's rape of a physiotherapy student on a moving bus and her death on December 28 in hospital triggered a national debate about how to better protect women in India, where official data shows one rape is reported on average every 20 minutes.

Many women's rights groups are cautiously hopeful the protests and outrage that followed the crime can be channeled into real change - fast-track courts for sexual offences and a plan to hire 2,500 new women police in Delhi are measures already in the works.

But legal experts and some feminists are worried that calls to make rape punishable with death and other draconian penalties will cramp civil liberties and are unconstitutional. They say India needs better policing and prosecutions, not new laws.

"If there are not enough convictions, it is not because of an insufficiency of law, but it is the insufficiency of material to base the conviction on," said retired Delhi High Court judge R.S. Sodhi.

Five men have been charged with the student's rape and murder and will appear before a New Delhi court later on Monday. They are due to be tried in a newly formed fast-track court in the next few weeks. A teenager also accused will likely be tried in a juvenile court.

Ahead of Monday's court appearance the five still had no defense lawyers - despite extensive interrogations by the police, who have said they have recorded confessions - after members of the bar association in the South Delhi district where the case is being heard vowed not to represent them.

GROUNDS FOR APPEAL

The men will be assigned lawyers by the court before the trial begins, but their lack of representation so far could give grounds for appeal later should they be found guilty - similar cases have resulted in acquittals years after convictions.

"The accused has a right to a lawyer from point of arrest - the investigations are going on, statements being taken, it is totally illegal," said Colin Gonsalves, a senior Supreme Court advocate and director of Delhi's Human Rights Law Network.

Senior leaders of most states on Friday came out in support of a plan to lower to 16 the age that minors can be tried as adults - in response to fury that the maximum penalty the accused youth could face is three years detention.

A government panel is considering suggestions to make the death penalty mandatory for rape and introducing forms of chemical castration for the guilty. It is due to make its recommendations by January 23.

"The more you strengthen the powers of the state against the people, the more the possibility you create a draconian regime," said Sehjo Singh, Programme and Policy Director with ActionAid in India and an expert on Indian women's social movements.

"We want to raise the bar of human rights in India, we want to raise the standards, not lower them."

The Indian Express newspaper warned against "knee-jerk" reaction and said any change to the juvenile law "must come after rigorous and considered debate. It cannot be a reaction to a fraught moment".

Courts are swamped with a backlog of cases in the country of 1.2 billion people and trials often take more than five years to complete, so the launch by Chief Justice Altamas Kabir of six fast-track courts in the capital to deal with sexual offences was widely greeted as a welcome move.

Several other states including Tamil Nadu and Maharashtra are now looking at following Delhi's example.

But Gonsalves says while the courts are a good idea on paper, similar tribunals in the past delivered dubious verdicts and put financial pressure on the rest of the justice system.

FAST TRACK COURTS

India set up 1,700 fast-track courts in 2004, but stopped funding them last year because they turned out to be costly. The courts typically work six days a week and try to reduce adjournments that lead to long delays in cases.

"The record of the fast-track courts is mixed," Gonsalves said. Conviction rates rose, he said, but due process was sometimes rushed, leading to convictions being overturned.

"Fast-track courts were in many ways were fast-track injustice," he said.

The real problem lie with bad policing and a shortage of judges, Gonsalves said. India has about a fifth of the number of judges per capita that the United States has.

Indian police are often poorly trained and underpaid, and have sometimes been implicated in organized crime. Rights groups complain the mostly male officers are insensitive to victims of sexual crimes.

Resources for, and expertise in, forensic science is limited in most of the country's police forces and confessions are often extracted under duress. The judiciary complains it is hard to convict offenders because of faulty evidence.

Human Rights Watch said reforms to laws and procedures covering rape and other sexual crimes should focus on protection of witnesses and modernizing support for victims at police stations and hospitals.

The rights organization has documented the continued use of archaic practices such as the "finger test" used by some doctors on rape victims to allegedly determine if they had regular sex.

"Reforms in the rape laws - these are needed. But not in terms of enhancing punishment," said Meenakshi Ganguly, South Asia Director of Human Rights Watch.

"Why they are not investigated, why there are not enough convictions, those are the things that need to be addressed."

(Additional reporting by Satarupa Bhattacharjya, Shashank Chouhan and Annie Banerji; Editing by Alex Richardson)

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British tourist plunges to death off Australia waterfall

SYDNEY: Police on Monday were attempting to retrieve the body of a British tourist who slipped over the edge of a waterfall in Australia's Blue Mountains and plunged to his death.

The 20-year-old man was walking with friends at Wentworth Falls, west of Sydney, on Sunday afternoon when he lost his footing and fell some 80 metres (260 feet).

Police said a friend summoned help and while paramedics were able to establish that he was dead, their helicopter crew was unable to retrieve the body due to high winds.

A guard was placed at the scene overnight and officers walked into the bushland Monday morning to help winch him out.

A witness told state broadcaster ABC she had seen a group of friends gathered on some rocks.

"Then they went down to the next one and I knew something was going to happen," she said.

"We just saw them all panic and a 20-year-old boy fell over, down the waterfall."

The Blue Mountains are a popular tourist attraction some 60 kilometres (40 miles) west of Sydney. Consisting mainly of a sandstone plateau, the area is dissected by gorges up to 760 metres deep.

-AFP/ac

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Faridkot minor dalit girl rape case: Main accused discharged from hospital, arrested

FARIDKOT: The prime accused in the rape case of a minor dalit girl was formally arrested by police on Sunday, after he was discharged from the hospital where he was admitted for consuming poison. Meanwhile, police officials visited the victim's village, where people demanded strict action against the accused.

SSP Gurpreet Singh Toor said, "We are investigating why the prime accused had consumed a poisonous substance. He has been arrested (on Sunday) after being discharged from the hospital. Search is on to nab Chaina Singh, the third accused."

The girl, 16, was abducted, raped and forced to swallow some pesticide by an upper caste accused. Along with his two associates, he had then dumped the victim outside her house in Matta village in Faridkot district on Saturday morning. In her statement, the girl has stated that she was abducted by three men on Friday night from outside her house when she was going to a relative's place nearby. She was taken to a room in the fields, where Jagmeet Singh allegedly raped her and Jagsir Singh and Chaina Singh stood guard outside.

Jagsir was arrested on Saturday and produced in the court of duty magistrate on Sunday, who sent him in one day police remand. Police have arrested prime accused Jagmeet, 21, on Sunday.

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Your medical chart could include exercise minutes

CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.

Wait, what?

If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.

Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.

Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.

"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.

He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.

It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.

Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.

Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."

She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.

Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.

She is still overweight but has lost 30 pounds and her blood sugar is normal.

Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."

Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.

A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.

Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.

"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.

NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.

Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.

Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."

Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.

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Online:

Exercise: http://1.usa.gov/b6AkMa

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AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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