US judge postpones Texas woman's execution

CHICAGO: A Texas judge on Tuesday granted a last-minute reprieve to death row inmate Kimberly McCarthy, who had been scheduled to become the first woman executed in the United States since 2010.

District Judge Larry Mitchell postponed her execution until April 3 after her lawyers asked for time to bring forward an appeal on grounds of racial discrimination.

McCarthy -- who has been on death row for 14 years -- had been due to be executed at 6:00 pm, 2300 GMT, after the US Supreme Court rejected her previous appeal.

"The previous warrant of execution is hereby recalled," Mitchell wrote in a two-page order issued five hours before she was set to die.

"We are very pleased that we will now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death," defence attorney Maurie Levin told AFP in an email.

"As recognised by the US Supreme Court (Miller-El v. Dretke, 2005), these facts must be understood in the context of the troubling and long-standing history of racial discrimination in jury selection in Dallas County, including at the time of Ms McCarthy's trial."

McCarthy, 51, is African American. Her victim, 70-year-old retired professor Dorothy Booth, was Caucasian.

Despite the fact that her home county is 22.5 per cent African American, only one non-Caucasian juror judged McCarthy and three non-Caucasian jurors "were unilaterally excluded by the state despite being fully qualified to serve," her lawyers wrote.

They further argued that 42 per cent of people sentenced to death in Dallas county were African American while 70 per cent of the 24 men exonerated with DNA evidence in the same county were African Americans.

"A remedy is not only warranted, but demanded," her lawyers argued Monday in a letter urging Texas Governor Rick Perry to issue a 30-day reprieve.

McCarthy was set to be just the 13th woman executed since the death penalty was reinstated in the United States in 1976.

She was convicted of forcing her way into her elderly neighbour's home near Dallas under the pretext of borrowing some sugar in 1997, court records show.

She then smashed Booth in the face with a candle stick, stabbed her five times and cut off her finger to steal her diamond ring.

McCarthy drove off in Booth's Mercedes and tried to buy some crack, court documents showed. She also used Booth's credit cards at least four times and pawned her wedding ring for US$200 before she was caught.

Prosecutors also accused her of killing two other elderly people.

She was sentenced to death in 1998, saw her conviction overturned on appeal and then was convicted and condemned again in a second trial in 2002.

"It is a shame that courts allowed Ms McCarthy to come so close to execution before granting the stay," said Richard Dieter, director of the Death Penalty Information Centre.

"There certainly are signs and a history of racial discrimination in jury selection in Dallas County."

There is also a good chance that she would not be sentenced to death if tried now due to mitigating factors like her drug addiction, Dieter told AFP.

Texas was sentencing as many as 40 people to death a year before the courts began providing juries with the alternative sentence of life without parole. That number has now since dropped to about eight people a year, Dieter said.

McCarthy would have been the fourth woman executed in Texas since 1976, out of a total of 493. Nine other women are among the 304 people on the state's death row.

A dozen women were among the 1,321 people executed since 1976, according to the Death Penalty Information Centre. Of the 3,199 people on death row as of October 1, 63 were women and 42 per cent were African American.

- AFP/jc

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Judge OKs BP plea, record $4 billion fine

By Terry Frieden, CNN Justice Producer

updated 3:51 PM EST, Tue January 29, 2013

Fire boat response crews battle the blazing remnants of the off shore oil rig Deepwater Horizon on April 21, 2010.

STORY HIGHLIGHTS

• The $4 billion deal is the largest criminal penalty in U.S. history


• 11 workers died April 20, 2010, when the Deepwater Horizon caught on fire


• The plea deal includes felony manslaughter charges


• A BP executive apologizes in court for the company's role in the accident

(CNN) -- A federal judge in New Orleans Tuesday approved a $4 billion plea agreement for criminal fines and penalties against oil giant BP for the 2010 Gulf oil spill, the largest criminal penalty in U.S. history.

U.S. District Court Judge Sarah Vance imposed the terms that the Justice Department and BP had agreed to last November, which include the oil company pleading guilty to 14 criminal counts -- among them, felony manslaughter charges -- and the payment of a record $4 billion in criminal penalties over five years.

Vance's ruling came after hearing from eight witnesses Tuesday, including family members of those killed, cleanup workers, and members of the Southeast Asian Fisherfolks Association.

Transocean to pay $1.4 billion for role in Gulf oil spill

The plea agreement is with the oil company and not with indicted individual employees, so it doesn't result in anyone going to jail.

Two high-ranking supervisors on the Deepwater Horizon drilling rig have been indicted on 23 counts, including manslaughter, for allegedly ignoring warning signs of a possible blowout on the rig. It caught fire April 20, 2010, resulting in the deaths of 11 workers. Those separate criminal cases remain in litigation.

Luke Keller, a vice president of BP America, Inc., apologized again in court Tuesday for his company's role in the accident.

"We -- and by that I mean the men and the women of the management of BP, its board of directors, and its many employees -- are deeply sorry for the tragic loss of the 11 men who died and the others who were injured that day," said Keller. "Our guilty plea makes clear, BP understands and acknowledges its role in that tragedy, and we apologize -- BP apologizes -- to all those injured and especially to the families of the lost loved ones. BP is also sorry for the harm to the environment that resulted from the spill, and we apologize to the individuals and communities who were injured."

The London-based oil giant also agreed to pay $525 million over three years to settle claims with the Securities and Exchange Commission that the company concealed information from investors.

The oil firm has not agreed with the Justice Department on a separate civil settlement involving federal and state claims of damages to natural resources. At stake are potential fines for violations of the Clean Water Act, which could range from $5 billion to almost $20 billion if BP is found guilty of gross negligence or willful misconduct. That case is being heard by another federal court in New Orleans.

According to Justice Department officials, $1.3 billion of the $4 billion fine will go to the government, nearly $2.4 billion will go to the National Fish and Wildlife Foundation and $350 million will go to the National Academy of Sciences.

Judge approves medical claims settlement in BP oil spill

CNN's Vivian Kuo contributed to this story

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Calif. family with "mixed" immigration status eager for Obama reforms

(CBS News) LOS ANGELES - On Tuesday, President Obama laid out what would be the most sweeping reform of immigration law in decades. it would include a pathway to citizenship for the 11 million illegal immigrants who already live in America. Here's how he described his plan in Las Vegas:

President Barack Obama delivers remarks on immigration reform at Del Sol High School in Las Vegas, January 29, 2013. Obama Tuesday hailed a "genuine desire" among warring politicians to pursue immigration reform, ahead of a speech laying out his own approach to the politically fiery issue.

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JIM WATSON / AFP / Getty Images

"We've got to lay out a path -- a process that includes passing a background check, paying taxes, paying a penalty, learning English, and then going to the back of the line behind all the folks who are trying to come here legally, that's only fair. So that means it won't be a quick process, but it will be a fair process. And it will lift these individuals out of the shadows and give them a chance to earn their way to a green card and eventually to citizenship."

President Obama also called for stronger enforcement on the borders. His plan is similar to a bill that both Democrats and Republicans are introducing in the Senate. This may be the best chance for immigration reform in decades. It would mean a lot of families would not live in fear of being split up.

Jaime Colin helps his mother Lupe at one of the family's two dry cleaners in Southern California.

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"My parents have worked so hard," he said. "Everything I am, everything my sister is -- we owe to them."

The Colin family's immigration status is complicated. Jaime and his sister Diana were brought from Mexico as children. President Obama's deferred action program allows them to stay for work and school. Their younger siblings were born in the U.S. But their parents have been here illegally for 22 years.

Their father declined to appear on camera. Lupe Colin said they employ five workers and have earned a path to citizenship. "I have my own business," she said. "I am living here like an American citizen because I pay the taxes."

Added Diana Colin: "We're aspiring citizens. Obama promised us immigration reform."

What would these changes in immigration policy mean for the Colin family? "We would be more secure, we don't have to live with the fear of being deported, having our family torn apart," Jaime Colin said.

"That's the calculation that they made when they came into the country illegally," said Jack Martin of the Federation for American Immigration Reform (FAIR), a group that lobbies for strict immigration enforcement. "They've been in the country breaking the law all that period of time. And that should earn them no priority with regard to people who have been waiting outside the country

He said allowing the Colins to stay in the U.S. is no more effective at stopping illegal immigration than a 1986 law that allowed three million illegal immigrants to apply for legal immigrant status.

"We now have 11 or 12 million illegal aliens in the country," said Martin. "Instead of cutting down on illegal immigration, it led to an increase."

As for those say her family should get to the back of the line, Diana Colin responded: "We have been here as aspiring citizens for 22 years. Is that the back of the line? What is the back of the line?"

The Colin family believes the political muscle Hispanic showed at the polls in November will push Democrats and Republicans to actually pass immigration reform with a path to citizenship this year.

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Jodi Arias Borrowed Gas Cans Before Killing Ex

Accused murderer Jodi Arias borrowed two five-gallon gas cans from a former boyfriend the day before she drove to Arizona to kill another ex, Travis Alexander, according to testimony in Arias' murder trial today.

In cross examination, prosecutors also forced Arias' former live-in boyfriend Darryl Brewer to describe his sex life with Arias as "pretty aggressive."

Brewer, 52, dated Arias for four years and shared a home with her in California for two years. He told the court today that Arias called him in May 2008, asking to borrow gas cans, but would not explain why. She called him again at least two more times, and arrived at his house on June 2008, to borrow the cans.

On the day she picked up the gas cans she told Brewer that she was going to visit friends in California and Arizona.

Prosecutors argue that Arias then drove to Mesa, Ariz., where she allegedly had sex with Alexander, took nude photos of him, and then stabbed him 27 times, slashed his throat, and shot him twice in the head. She is charged with murder and could face the death penalty if convicted.

Arias, who claims she killed Alexander in self defense, had approached prosecutors two years ago offering to plea to a second degree murder charge, which could carry a 25 year term, but the state rejected the offer, Nancy Grace reported on Good Morning America today.

Brewer said that Arias never returned the gas cans. The pair had been broken up two years earlier and they had only spoken "sporadically," he said.

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Prosecutors also showed receipts from Arias' trip from her California home to Alexander's home in Mesa, showing that she purchased a 10 gallons of gas at one gas station the night before she drove to Arizona, and then another 10 gallons from a different gas station 10 minutes later. Prosecutors are expected to argue she brought the gas with her to fill up her car secretly on the way to Alexander's home, showing premeditation for the murder.

Arias' attorneys called Brewer as one of their first witnesses as they began mounting their case that Arias killed Alexander in self defense, arguing that Alexander was controlling and abusive toward Arias.

They asked Brewer to explain how he and Arias had been in a stable relationship for four years, from 2002 to 2006, and had bought a home together before Arias met Alexander at a business conference and began to change.

"I saw a lot of changes in Jodi. She became a different person than I had known previously," Brewer said, describing how Arias' behavior changed in May 2006 when she joined a company called Pre-Paid Legal. There, she met Alexander and began seeing him. She continued to live with Brewer.

"She had continued to pay the mortgage, but she was not paying other household bills, she began getting into debt or financial trouble," Brewer said. "For me it seemed she was not as rational or logical."

Arias also converted to Mormonism while living with Brewer, telling him that he could no longer curse and she would no longer have sex with him because she was saving herself for marriage.

The pair had previously had an "enthusiastic" and "aggressive" sex life, Brewer admitted to prosecutors. They had engaged in anal sex, Arias had taken nude photos of Brewer, and Arias had purchased breast implants in 2006, he testified.

Brewer said that after Arias began to change, he made arrangements to move closer to his son from his first marriage, and he and Arias broke up.

They kept in touch with occasional phone calls until Arias asked to borrow the gas cans in June 2008, and then called him a week after borrowing the cans to say that her friend had been killed.

Martinez, reading notes from an interview Brewer gave to authorities during the investigation into Alexander's death, asked if Arias had ever mentioned needing an "alibi." Brewer said he did not recall any conversation about alibis.

"After this date of June 4, 2008," Martinez asked, "you received a call from Jodi Arias, and she was very agitated?"

"She was sad," Brewer said.

"Did she tell you that her friend had been killed and she did not have an alibi?"

"I don't remember that," Brewer said.

Arias was arrested a month after Alexander was found dead, in July 2008.

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Why haven't we learned from fires?

STORY HIGHLIGHTS

• Pyrotechnics, overcrowding, poor exits have contributed to tragic fires in recent years


• You would think the world would have learned from past incidents, John Barylick says


• Concertgoers have to be their own fire marshals, he says

Editor's note: John Barylick, author of "Killer Show," a book on the 2003 Station nightclub fire in Rhode Island, is an attorney who represented victims in wrongful death and personal injury cases arising from the fire.

(CNN) -- Sunday morning we awoke to breaking news of another tragic nightclub fire, this time in Brazil. At last report the death toll exceeded 230.

This tragedy is not without precedent. Next month will mark the 10th anniversary of a similar nightclub fire in Rhode Island. At this sad time, it's appropriate to reflect on what we've learned from club fires -- and what we haven't.

Rhode Island's Station nightclub fire of 2003, in which 100 concertgoers lost their lives, began when fireworks set off by Great White, an 80s heavy metal band, ignited flammable packing foam on the club's walls.

Deadly blazes: Nightclub tragedies in recent history

John Barylick

Panicked patrons stampeded toward the club's main exit, and a fatal pileup ensued. Contributing to the tragedy were illegal use of pyrotechnics, overcrowding and a wall covering that would have failed even the most rudimentary flammability tests.

Video images of the Station fire were broadcast worldwide: A concert begins; the crowd's mood changes from merry, to curious, to concerned, to horrified -- in less than a minute. You'd think the world would have learned from it. You would be wrong.

The following year, the Republica Cromanon nightclub in Argentina went up in flames, killing 194 people. The club was made to hold about 1,000 people, but it was estimated that more than 3,000 fans were packed inside the night of the fire, which began when fans began lighting flares that caught the roof on fire.

Echoes of the past: Rhode Island victims 'can't help but watch'

Then, in January 2009, at least 64 New Year's revelers lost their lives in a nightclub in Bangkok, Thailand, after fire ignited its ceiling. Many were crushed in a rush to get out of the club. In December of that same year, a fire in a Russian nightclub, ignited by pyrotechnics, killed 156 people. Overcrowding, poor exits, and indoor fireworks all played roles in these tragedies; yet no one bothered to learn from mistakes of the past.

While responsibility for concert disasters unquestionably lies with venue operators, performers and promoters, ultimately, we, as patrons of clubs and concerts, can enhance our own safety by taking a few simple steps. The National Fire Protection Association urges concertgoers to:

• Be observant. Is the concert venue rundown or well-maintained? Does the staff look well-trained?

• As you proceed to your seat, observe how long the process takes. Could you reverse it in a hurry? Do you pass through pinch points? Is furniture in the way?

• Once seated, take note of the nearest exit. (In an emergency, most people try to exit by the door they entered, which is usually not the closest, and is always overcrowded.) Then, share the location of that nearest exit with your entire party. Agree that at the first sign of trouble, you will all proceed to it without delay.

• Once the show begins, remain vigilant. If you think there's a problem, LEAVE IMMEDIATELY. Do not stay to "get your money's worth" despite concerns about safety. Do not remain to locate that jacket or bag you placed somewhere. No concert is worth your life. Better to read about an incident the next day than be counted as one of its statistics.

Read more: How to protect yourself in a crowd

To be sure, all fire codes must be vigorously enforced, and club and concert hall operators must be held to the highest standards. A first step is banning indoor pyrotechnics in all but the largest, stadium-type venues.

But, ultimately, we are our own best "fire marshals" when it comes to avoiding, and escaping, dangerous situations. We can still enjoy shows. But it is up to us to look out for our own safety.

In coming days, Rhode Islanders will follow the unfolding news from Brazil with a sense of queasy deja vu -- the rising body counts, the victim identification process, the grieving families, and the assigning (and dodging) of blame. If only they had learned from our tragedy.

The opinions expressed in this commentary are solely those of John Barylick.

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Golf: Tiger wins Torrey Pines title for 75th career crown

LA JOLLA: World No. 2 Tiger Woods captured his 75th career title on Monday, winning the US PGA Farmers Insurance Open by four strokes for his record-setting eighth career triumph at Torrey Pines.

Despite struggling in windy conditions Monday over the final 11 holes, Woods showed flashes of the form that has brought him 14 major titles as he chases the all-time record of 18 won by Jack Nicklaus.

Woods won his most recent major title at the 2008 US Open at Torrey Pines and has also won the PGA event staged at Torrey Pines seven times. No other PGA player has won so many times on a single course.

A fog delay Saturday led to the Monday finish, with darkness halting Woods on Sunday after seven holes.

Woods completed a final-round par 72 Monday despite going three-over in the closing stretch, finishing 72 holes on 14-under par 274. Brandt Snedeker, the 2012 winner, and Josh Teater shared second on 278.

Woods had two bogeys and a double bogey between the 14th and 17th holes, but managed a par at the par-5 18th to close out the victory.

"It got a little ugly toward the end," Woods said. "I started losing my patience with slow play and lost my concentration there a little bit. But I was able to get my par there at 18 and got the win."

After missing the cut in his season opener at Abu Dhabi, Woods collected his first victory since last July at the US PGA National at Congressional.

- AFP/jc

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Netherlands queen to abdicate throne

updated 6:34 PM EST, Mon January 28, 2013

STORY HIGHLIGHTS

• Queen Beatrix will end 33 years on the Dutch throne on April 30


• She will be succeeded by Prince Willem-Alexander.


• He has earned a history degree and served in the Dutch Royal Navy


• His daughter Catharina-Amalia will be first in line when he becomes king

Editor's note: An earlier version of this story wrongly referred to Prince Claus as Queen Beatrix's son, not her husband. We apologize for this mistake.

(CNN) -- Queen Beatrix spent 33 years on the throne and will be succeeded by her son, the Prince of Orange, Prince Willem-Alexander.

She ascended to the throne when Queen Juliana abdicated on her 71st birthday, on April 30, 1980. Beatrix announced Monday that she will step aside on April 30.

Beatrix was born January 31, 1938, and when World War II reached Holland the family fled to London. Juliana, Beatrix and her sister Irene then moved to Ottawa, Canada.

Dutch Queen Beatrix to abdicate

HIDE CAPTION

Beatrix married German diplomat Claus von Amsberg on March 10, 1966, in Amsterdam. They have three sons, Willem-Alexander, born in 1967, Friso, born in 1968, and Constantijn, born in 1969.

Friso was injured in an avalanche at an Austrian ski resort last year.

She has eight grandchildren. Her husband died in 2002 aged 76.

He overcame early Dutch wariness -- in a country where the German occupation in WWII was still fresh in the national memory -- to become one of the most popular members of the Dutch royal family .

Under the Dutch Constitution the king or queen is head of state but politically neutral.

Beatrix, held weekly meetings with the prime minister and spoke regularly with high-ranking ministers and secretaries of state.

The head of state also signs all new acts of Parliament, and plays a role in the formation of new governments.

Prince Willem-Alexander, 45, was educated in Wales and Holland where he earned a history degree at Leiden University. He served in the Dutch Royal Navy from August 1985 to January 1987.

As Prince of Orange -- the title given to the person first in line to the Dutch throne ---- he has been interested in sustainability and innovation.

He has also been a member of the Dutch central bank supervisory board and regularly has represented the queen at international events.

Willem-Alexander has been a member of the International Olympic Committee since 1998.

He is married to Princess Máxima, who was born in Buenos Aires, Argentina. She has a degree in economics and has worked for HSBC and Deutsche Bank.

The couple, who met at a party, were engaged in March 2001 and they were married in February 2002.

The relationship -- like his mother's marriage -- sparked initial controversy when it emerged that Maxima's father had been a minister during the 1976-1983 Argentinean military dictatorship. He agreed to stay away from the wedding.

They have three daughters, Princess Catharina-Amalia, Princess Alexia and Princess Ariane.

When Willem-Alexander becomes king, 9-year-old Catharina-Amalia will be next in line.

Part of complete coverage on

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Chicago mom loses all four children to gun violence

(CBS News) CHICAGO - President Barack Obama is keeping up the pressure on Congress to pass new gun control legislation.

He met at the White House today with police officials from around the country, including: Aurora, Colo.; Oak Creek, Wisc.; and Newtown, Conn. - all the scenes of recent mass shootings.

The president called on Congress to pass an assault weapons ban.

In Chicago, gun violence is taking more and more lives: 50 since Newtown.

Among the seven people murdered in Chicago this past weekend was 33-year-old Ronnie Chambers, shot dead in a parked van.

He was the last surviving child of Shirley Chambers, who now has lost all four of her children to gun violence. CBS News spoke to her Monday at a local funeral home.

Shirley Chamber's four children were all killed by guns in Chicago

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CBS News

"It's not Chicago. It's these people. It's these people with these guns. They shouldn't have guns, you know?" Chambers said.

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Her son was a former gang member who stole cars, sold drugs and spent time in prison.

"He had changed a lot. He was trying to help other people. So whatever he did in the past, that's in the past. He changed," Chambers said of her son.

Just last month he appeared on the Ricki Lake show as an example of transformation.

"I told myself that you know, I need to protect my mother and be out here for her," Ronnie said on the show.

Mayor Rahm Emanuel told CBS News the problem here is more than guns.

"I think we have to deal with this -- not just with our gun controls -- but with a values-based education," he said.

He made his frustration clear at the height of the violence last summer.

"It's not about crime. It's about values," Emanuel had said at a press conference. "Where were you raised and who raised you?"

Watch: Emanuel: Curbing Chicago violence is "about values"

In the interview with CBS News, Emanuel explained why that question resonated with a lot of people.

"There is a values piece where people are so, I don't know, careless, dismissive -- totally are devoid of any sense of right from wrong," he said.

Shirley Chambers insists her son was different.

"Ronnie knew right from wrong," she said. "He wanted to change his life for his mother. He loved me and I loved him."

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US Mom Missing in Turkey Took Side Trips

Sarai Sierra, the New York mother who disappeared in Turkey while on a solo trip, took several side excursions out of the country, but stayed in contact with her family the entire time, a family friend told ABC News.

Turkish media reported today that police were trying to establish why Sierra visited Amsterdam and Munich. Police were also trying to establish the identity of a man Sierra, 33, was chatting with on the Internet, according to local media.

Rachel Norman, a family friend, said the man was a group tour guide from the Netherlands and said Sierra stayed in regular touch with her family in New York.

Steven Sierra, Sarai's husband, and David Jimenez, her brother, arrived in Istanbul today to aid in the search.

The men have been in contact with officials from the U.S. consulate in the country and plan to meet with them as soon as they open on Tuesday, Norman said.

After that, she said Sierra and Jimenez would meet with Turkish officials to discuss plans and search efforts.

Family of Sarai Sierra|AP Photo

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Sarai Sierra was supposed to fly back to the United States on Jan. 22, but she never showed up for her flight home.

Her two boys, ages 11 and 9, have not been told their mother is missing.

Sierra, an avid photographer, left New York on Jan. 7. It was her first overseas trip, and she decided to go ahead after a friend had to cancel, her family said.

"It was her first time outside of the United States, and every day while she was there she pretty much kept in contact with us, letting us know what she was up to, where she was going, whether it be through texting or whether it be through video chat, she was touching base with us," Steven Sierra told ABC News before he departed for Istanbul.

But when it came time to pick her up from Newark Liberty International Airport in New Jersey, Sierra wasn't on board her scheduled flight.

Steven Sierra called United Airlines and was told his wife had never boarded the flight home.

Further investigation revealed she had left her passport, clothes, phone chargers and medical cards in her room at a hostel in Beyoglu, Turkey, he said.

The family is suspicious and said it is completely out of character for the happily married mother, who met her husband in church youth group, to disappear.

The U.S. Embassy in Turkey and the Turkish National Police are involved in the investigation, WABC-TV reported.

"They've been keeping us posted, from my understanding they've been looking into hospitals and sending out word to police stations over there," Steven Sierra said. "Maybe she's, you know, locked up, so they are doing what they can."

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Women in infantry: Tough challenge?

Hospital Corpsman Shannon Crowley packs for a mission as Lance Cpl.. Kristi Baker sits on her bed in 2010 in Afghanistan.

STORY HIGHLIGHTS

• Maren Leed: Ban on women in combat has hurt operations, women's promotion


• Leed: Integrating women into the physically demanding infantry presents challenges


• Women are already in combat; she says, the "front line" and "rear line" no longer exist


• Leed: Research into women in infantry might show that some limits might be appropriate

Editor's note: Maren Leed is senior adviser, Harold Brown Chair in defense policy studies at the Center for Strategic and International Studies. From 2011 to 2012, she served as senior adviser to the chief of staff of the U.S. Army. Follow the Center for Strategic and International Studies on Twitter.

(CNN) -- In the coming years, lifting the ban on women in combat, announced Thursday by Defense Secretary Leon Panetta, might prove particularly challenging in the most iconic of military occupations -- the infantry, among the most physically demanding and tradition-bound branches of the Marines and the Army.

Determining the best path forward to integrate women into this elite group will require hard-nosed honesty, careful management and compelling leadership.

For the 65 years that women have enjoyed a permanent place in the United States military, they have been subject to restrictions. One rationale is the notion embedded in our culture that women should be shielded from great physical risks. Another is a recognition of the physical superiority of the average male over the average female. A third is the fear that unit cohesion, critical to military performance, would suffer with the introduction of women.

Maren Leed

These three concerns apply to varying degrees in the infantry. But the last 11 years of war have clearly demonstrated that warfare is no longer waged in a linear fashion, and that the concept of "front line" no longer applies.

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Historically, logistics operations were conducted "in the rear," where risks were comparatively low. This has changed: In 2006 in Iraq, for example, one in every five truck convoys was attacked. Although infantry clearly remains one of the most dangerous military occupations, the proliferation of homemade bombs and other low-cost, lethal weaponry and tactics have heightened the risk of almost every occupation. War is more uniformly dangerous.

That said, physical differences between the sexes remains a thorny issue. Determining gender-neutral physical standards for an integrated infantry will be one of the most difficult tasks ahead.

Infantry soldiers and Marines are the primary forces for operations on foot. They not only travel long distances, but also frequently carry loads in excess of 50 pounds. Both the short- and long-term health effects of such demands can be significant.

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The Defense Department has consistently pursued solutions to lighten the load, from exoskeletons to unmanned vehicles that would serve as "pack mules," to the elusive quest for higher power, lower weight batteries.

The success of these efforts will benefit both men and women. But until that happens, research into the effects these physical demands have on women is necessary before determining the degree to which they can, and should, be part of the full range of infantry.

Whether men serving in the infantry will accept women as peers is another open question.

Those who oppose women in the infantry argue that they would change group dynamics, disrupt bonding and ultimately harm unit cohesion. In the past, these fears have been brought up regarding the participation of minorities and homosexuals, too. But data show these negative predictions don't come true. Instead, successful integration has happened with strong leadership, and, critically, a process that is broadly perceived to be fair.

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Even if the arguments underpinning the ban on women in combat have weakened, is there sufficient justification for change? The Joint Chiefs apparently believe so, as they have unanimously recommended the ban be lifted.

Each of the services already has been taking steps along these lines. This is in part driven by the evolution of the battlefield. When today's senior leaders were serving time in Iraq and Afghanistan, they realized that the restrictions on women sometimes also restricted their missions.

They implemented work-arounds and sought exceptions to policy. But they came home with firsthand experience of the mismatch between modern warfare and the policies limiting women's role. Women are in combat, and senior military leaders believe that future success demands they must remain available to be so, in even greater numbers.

From the institutional viewpoint, there are also concerns that the traditional limitations fail to make the best use of women in the service. Combat experience weighs heavily in promotion decisions, and restrictions have precluded women from gaining experiences equal to those of male counterparts.

Women are also excluded from many of the occupations disproportionately represented in senior leadership, and that automatically limits the number of women who can advance to the highest levels. At the same time, the pool of Americans eligible for military service is shrinking, and competition for high-quality recruits is intensifying. So it's imperative that the military fully leverage the talent of the men and women it has and that it seeks to attract.

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The arguments in favor of lifting the ban on women in combat outweigh those against it. Despite Defense Secretary Leon Panetta's announcement on Thursday, the military services maintain the prerogative to preclude women from serving in certain positions or occupations.

Infantry, or at least some specialties within that branch, could well be a case in which restrictions are warranted. But military leaders have time to evaluate this proposition, and to set the conditions to make any change stick. The path ahead may not be smooth, but it is necessary.

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The opinions expressed in this commentary are solely those of Maren Leed.

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