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LOS ANGELES (AP) — All six crewmembers were asleep aboard a scuba diving boat off the Southern California coast when a fire broke out in the middle of the night, killing 34 people who were trapped in a bunkroom below the main deck, federal investigators announced Thursday. The National Transportation Safety Board's preliminary report that said five crew members were sleeping in their quarters behind the wheelhouse on the second deck and another below deck when the fire broke out. All but one survived the inferno.The cause of the blaze has yet to be determined.RELATED: San Diego woman killed in deadly Conception boat fire off Santa BarbaraBoats like the Conception, which caught fire around 3 a.m. on Sept. 2 and sank, are required to have a crewmember keep watch at night. Federal authorities are conducting a criminal investigation into the deadly fire off the coast of Santa Barbara and could bring charges under a statute known as seaman's manslaughter.The law predates the Civil War and was enacted to punish negligent captains, engineers and pilots for deadly steamboat accidents that killed thousands.Douglas Schwartz, who represents Truth Aquatics, disputed federal investigators' claims, saying a crewmember "checked on and around the galley area" around 2:30 a.m. on Sept. 2.RELATED: Owners of Conception seek to head off lawsuits after 34 die in boat fireThe victims on the Conception ranged from a girl celebrating her 17th birthday with her parents and a friend, to a 26-year-old crewmember who was thrilled by her recent promotion to deckhand. Others included the marine biologist who led the three-day tour and couples who shared a love of the water.Coast Guard records show the Conception passed its two most recent inspections with no safety violations. Previous customers said the company that owns the vessel, Truth Aquatics, and the captains of its three boats, were very safety conscious. An attorney for Truth Aquatics did not immediately respond to an email request for comment on the NTSB preliminary report.Truth Aquatics Inc. filed a lawsuit last week in U.S. District Court under a pre-Civil War provision of maritime law that allows it to limit its liability.RELATED: Captain of Conception's sister ship stands up for colleaguesAs crews work to recover the wreckage of the burned-out Conception from the bottom of the sea, the Coast Guard has issued additional safety recommendations in the wake of the tragedy, such as limiting the unsupervised charging of lithium-ion batteries and the use of power strips and extension cords.The NTSB report Thursday provided few additional details and noted investigators have only interviewed three of the five surviving crew members, who said no mechanical or electrical issues had been reported prior to the fire.The NTSB did not mention potential charges, which would be part of the criminal investigation.RELATED: Investigators eye possible causes of Conception boat fire off Santa BarbaraAn attorney who represented a Maine lobster boat captain charged in the deaths of two crew members who fell overboard when his boat flipped in high seas, said he suspects prosecutors reviewing the information will ask if there was a watchman and, if not, what the captain had said or done."No watch? A boat that far offshore?" Michael Turndorf asked. "I think that fits the statute. I would be surprised if those are the real circumstances that somebody doesn't get charged."The NTSB says one of the crewmembers on the upper deck awoke to a noise and saw flames rising from the middle deck. He alerted the rest of the crew as the captain issued a panicked mayday call to the Coast Guard.The crew, finding the ladder to the main deck on fire, jumped down — one breaking a leg in the process. They tried to reach the others through a window but couldn't open it. They were forced to jump overboard when they became "overwhelmed by smoke."The captain and two crewmembers swam to the vessel's stern and reboarded the boat, according to the report. They opened the engine room's hatch but didn't find any fire. With other access routes blocked, they launched the boat's skiff and picked up the other two crewmembers and went to a nearby vessel.Once aboard, the captain continued to send mayday calls as two crewmembers returned to the Conception to search for survivors near the burning wreckage.There were none. 4381

LOS ANGELES (AP) — California’s plan to safely reopen its economy will begin to require counties to bring down coronavirus infection rates in disadvantaged communities that have been harder hit by the pandemic. The complex new rules announced late Wednesday set in place an “equity metric.” It will force larger counties to control the spread of COVID-19 in areas where Black, Latino and Pacific Islander groups have suffered a disproportionate share of the cases because of a variety of socioeconomic factors. The equity measure will require that positive test rates in its most disadvantaged neighborhoods, where rates are often much higher, do not significantly lag behind the county overall.Health officials in San Diego, Orange and San Francisco counties said they already have been targeting vulnerable communities with testing for the virus, providing interpreters and taking other measures to address inequality.Supporters of a more rapid reopening criticized the measure. 988

LOS ANGELES (AP) — Katy Perry, her collaborators and her record label must pay more than .78 million because the pop star's 2013 hit "Dark Horse" copied a 2009 Christian rap song, a federal jury decided Thursday.It was an underdog victory for rapper Marcus Gray, a relatively obscure artist once known as Flame, whose 5-year-old lawsuit survived constant court challenges and a trial against top-flight attorneys for Perry and the five other music-industry heavyweights who wrote her song.The amount fell well short of the nearly million sought by attorneys for Gray and the two co-writers of "Joyful Noise" — Emanuel Lambert and Chike Ojukwu — but they said they were pleased."We weren't here seeking to punish anyone," said Gray's attorney, Michael A. Kahn. "Our clients came here seeking justice, and they feel they received justice from a jury of their peers."Perry herself was hit for just over 0,000, with Capitol Records responsible for the biggest part of the award — .2 million. Defense attorneys had argued for an overall award of about 0,000.Perry's attorney, Christine Lepera, said they plan to vigorously fight the decision."The writers of Dark Horse consider this a travesty of justice," Lepera said."Dark Horse," which combines elements of pop, hip-hop and trap styles, was a mega-hit for the Santa Barbara, California-born singer, with its call-and-response chorus of "Are you ready for (ready for), a perfect storm (perfect storm)?"It spent four weeks at No. 1 on Billboard's Hot 100 in early 2014, and Perry would later perform it at the Super Bowl.Gray, a native of St. Louis, sued later in 2014. His song of earnest and ebullient praise stood in stark contrast to the playful black magic evoked by "Dark Horse," and an early version of the lawsuit faulted Perry's song for tainting the sanctity of his.The two-week trial had two phases: One about music, one about money.Perry took the witness stand on the first day of testimony. She testified, as her co-writers would, that she had never heard of Gray or Flame or "Joyful Noise" until he sued.She got a rare laugh from the courtroom when her attorneys were struggling with technical issues as they tried to play a part of "Dark Horse.""I could perform it for you live," said Perry, who did not appear in court for the rest of the trial.The jury heard testimony from musicologists on the disputed section of the two songs — a piece of the musical backing track that plays during the verses of "Dark Horse" and throughout almost all of "Joyful Noise."While jurors were told to consider only those sections, they gave a surprisingly sweeping verdict Monday that held all six songwriters responsible for copying "Joyful Noise." That included Perry, who wrote only lyrics, her co-lyricist Sarah Hudson, and Juicy J, who only provided a rap verse for the song.The instrumental track that was most at issue was created by Dr. Luke, Max Martin and Circuit.During closing arguments earlier Thursday, Gray's attorneys said that because the relevant riff plays through 45 percent of "Dark Horse," the plaintiffs should get 45 percent of its earnings, including every album that included it. They put those overall earnings at million, thus seeking nearly million.The defense argued that only fractions of the album earnings should count for the single song and that considerable promotional expenses paid by Capitol Records should be subtracted.Gray's attorneys said those expenses were gratuitous, pointing out to jurors that they included ,000 for a hairstylist for Perry for one awards show and nearly ,000 for flashing cocktail ice cubes.The nine jurors deliberated for two full days to reach their initial verdict but took just a few hours to decide on dollar amounts.Perry's five co-writers were each given penalties to pay that ranged from about ,000 for Dr. Luke to more than 0,000 for Martin.The jurors decided that the instrumental riff the two sides were fighting over was responsible for 22.5 percent of the success of "Dark Horse" and handed out the awards accordingly.The defendants' fight against the decision will begin immediately. U.S. District Judge Christina A. Snyder, who presided over the trial, will now consider a motion to throw out the case.Lepera, Perry's attorney, said outside court that the plaintiffs presented no evidence of copyright infringement, no evidence that the songwriters had access to "Joyful Noise" and no evidence the songs that were substantially similar."The only matter in common is an unprotectable C and a B note, repeated," Lepera said. "We've been receiving outcry from people all over the world, including other musicologists."If the judge upholds the verdict, the case will almost certainly head to an appeals court, where jury awards in similar cases have often been changed or thrown out in recent years.In the case of another 2013 mega-hit, "Blurred Lines," a jury found singers Robin Thicke and Pharrell Williams copied R&B legend Marvin Gaye's "Got to Give it Up" and ordered them to pay Gaye's children nearly .4 million. The award was trimmed on appeal last year to just short of million.Kahn said he would be happy to keep up the battle."We think this is a fair and a just result, and we will defend it no matter how they fight it," he said. 5314

LONG BEACH (CNS) - For thousands of years, millions of tiny white abalone snails lived along the California coast.Now facing extinction, the white abalone will be getting a major boost toward survival this month, thanks to a breeding program spearheaded by marine organizations across the state, including the Aquarium of the Pacific in Long Beach.In mid-November, researchers from the aquarium, the National Oceanic and Atmospheric Administration, the UC Davis Bodega Marine Laboratory, the Bay Foundation, Paua Marine Research Group and state Department of Fish and Wildlife will be releasing white abalone into the wild at a series of undisclosed locations across Southern California.RELATED: Dog swept out to sea rescued, owner asks for more signage"This is a historic moment, as a species once on the brink of extinction may finally have a chance to rebound," said Sandy Trautwein, vice president of animal husbandry at Aquarium of the Pacific. "This is important not just for white abalone, but for the entire marine ecosystem off Southern California."Researchers are withholding the locations of the planned releases, hoping to give the white abalone the best chance at successfully settling into their new homes. The white abalone were actually placed underwater at their release locations last month, but they remain inside holding boxes."Natural recovery is not occurring fast enough or at all for this species to rebound on its own," said Melissa Neuman of the NOAA National Marine Fisheries Services' Abalone Recovery Program. "Fishing and other human activities brought white abalone to the brink of extinction, and now it is our responsibility to recover the first federally protected marine invertebrate."RELATED: Video: Rare blue whale with calf spotted off San Diego coastThousands of the white abalone have been bred through the program. Aquarium of the Pacific officials noted that when they joined the program in 2008, only 75 white abalones existed in managed care.The once-teeming population of white abalone was decimated over the decades by overfishing and low reproduction rate, according to the NOAA. Recent surveys indicated that the population dropped by about 99% in Southern California since 1970s.The white abalone was officially listed as a federally endangered species in 2001 -- the first marine invertebrate ever to make the list.NOAA officials said that without intervention, the remaining population would likely continue to decrease by 10% a year. 2493

Longtime gossip columnist Liz Smith, who started her column at the New York Daily News in 1976, has died, according to the newspaper. She was 94.Known affectionately as the "the Grand Dame of Dish," Smith's legendary work included a chronicle of Donald and Ivana Trump's divorce, which made front-page news.Covering the glitteratiSmith's column, which was titled simply "Liz Smith," became a staple in the publication for a quarter century, and was syndicated in almost 70 newspapers.Smith started her journalism career as a CBS Radio news producer for Mike Wallace, according to the New York Daily News.But it was her sharp writing at Cosmopolitan -- namely the salacious details of the romance between Elizabeth Taylor and Richard Burton -- that led to her break at the Daily News.Her clever barbs and scathing commentary elevated her to the level of notoriety shared by the A-listers she covered -- many of whom are now remembering her fondly."Loved Liz Smith. Smart and funny. Gossip from the High Road," actor Rob Lowe tweeted."Legend and pioneer "In 1985, Smith won an Emmy for her show "Live at Five" on WNBC, a reporting gig that would span 11 years."I was fortunate enough to work with the amazing Liz Smith. During my time at WNBC she was nothing short (of) fabulous. Liz passed away at the age of 94 and with her, a piece New York," said weather anchor Al Roker on Twitter.Twice divorced, the Texas native came out as bisexual in her 2000 memoir "Natural Blonde" -- something she dubbed "gender neutrality," according to the Daily News."Liz Smith was the definition of a lady," actor James Woods tweeted. "She dished, but always found a way to make it entertaining and fun."  1699