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SACRAMENTO, Calif. (AP) — Authorities are using a powerful tool in their effort to identify the scores of people killed by the wildfire that ripped through Northern California: rapid DNA testing that produces results in just two hours.The system can analyze DNA from bone fragments or other remains, then match it to genetic material provided by relatives of the missing. But the technology depends on people coming forward to give a DNA sample via a cheek swab, and so far, there are not nearly as many volunteers as authorities had hoped for.As of Tuesday, nearly two weeks after the inferno devastated the town of Paradise and surrounding areas, the number of confirmed dead stood at 79, and the sheriff's list of those unaccounted for had about 700 names.But only about 60 people had provided samples to pop-up labs at the Butte County Sheriff's office in Oroville and an old Sears building in Chico, where the Federal Emergency Management Agency set up a disaster relief center, said Annette Mattern, a spokeswoman for ANDE, the Longmont, Colorado, company that is donating the technology."We need hundreds," Mattern said. "We need a big enough sample for us to make a positive ID on these and to also give a better idea of how many losses there actually are."Confusion and conflicting information, the inability of relatives to travel to Northern California and mistrust of the government may be contributing to the low number.Tara Quinones hadn't heard anything from her uncle, David Marbury, for eight days before she drove north from the San Francisco Bay Area to give a sample Friday. A worker used a small tool to scrape her cheek, took three swabs of skin and asked her detailed questions about who she was looking for and their relationship.The uncle's landlord confirmed his house burned down with his vehicle still in the garage, but Quinones had no idea if any remains were found. Marbury's name keeps going on and off the ever-changing list of the missing."I did it just to be proactive," Quinones said Monday. "This is the one way I could contribute to helping find my uncle."Some of those who have given DNA came forward, like Quinones, after learning about the identification effort in their desperate search for a loved one, others after the sheriff's office called to say that remains that probably belonged to a family member had been found.Mattern declined to say Tuesday how many victims ANDE's technology has helped identify. Sheriff Kory Honea's office did not immediately respond to requests for comment.The fire was 70 percent contained Tuesday. Rain in the forecast for Wednesday through Thanksgiving weekend could aid in fighting the fire but could also bring flash floods and complicate efforts to recover remains.Once DNA is extracted from the remains, it is placed in a vial that goes into a black machine that looks like a bulky computer printer. It takes just two hours to process the material and get a DNA profile; traditional methods can take days or weeks. If a relative's DNA is already in the system, a match will pop up right away.Mattern said it has been surprisingly easy to get DNA from remains, despite the devastating damage done by the flames."We went in with pretty measured expectations, we didn't know what we were walking into," she said. "We have a tremendous database now of the victims of the fire."Ruth Dickover, director of the forensic science graduate program at the University of California-Davis, said that scientists have long been able to extract DNA from bone — a process that involves pulverizing the bone — but things can become more complicated if the remains of multiple people are mixed together."What's left may not give you a nice beautiful profile," she said.ANDE won a contract in 2009 to do research and development for federal agencies, and the company's technology has been used in pilot programs for several years. Over the summer, it won FBI approval for use in accredited labs. Law enforcement agencies in Utah, New York and Miami have used the technology, as has the military.This is the first time ANDE has helped identify victims after a natural disaster. The company has donated seven machines and about a dozen workers to the effort.Sarah Warren drove an hour and a half from Redding on Monday to report her uncle, Devan Ruel, as missing. The sheriff's office gave her a number to call about missing people, and when she called, she was told authorities would contact her if they needed her DNA, she said.She said no one told her about the collection desk at the old Sears, so she returned home without providing one."I could have done that so easily, just to be safe," she said.Warren hadn't talked to Ruel in about eight years and said the family did not have an address for him."He was just an off-the-grid type of guy," she said. "If he did perish that way it would be horrific. It deeply, deeply saddens me to even consider that being a possibility."Mattern said the sheriff's office is looking for a way to make it easier for families who don't live in Northern California to provide samples. And in hopes of easing fears that the DNA will be misused, the sheriff's office and the company gave assurances it will be deleted once it is no longer needed. 5251

SACRAMENTO, Calif. (AP) — California's increasingly deadly and destructive wildfires have become so unpredictable that government officials should consider banning home construction in vulnerable areas, the state's top firefighter says.Department of Forestry and Fire Protection Director Ken Pimlott will leave his job Friday after 30 years with the agency. In an interview with The Associated Press, he said government and citizens must act differently to protect lives and property from fires that now routinely threaten large populations.That may mean rethinking subdivisions in thickly forested mountainous areas or homes along Southern California canyons lined with tinder-dry chaparral. Los Angeles County supervisors on Tuesday were considering whether to allow a 19,000-home development in fire-prone mountains amid heavy criticism of the location's high fire danger.California residents should also train themselves to respond more quickly to warnings and make preparations to shelter in place if they can't outrun the flames, Pimlott said.Communities in fire zones need to harden key buildings with fireproof construction similar to the way cities prepare for earthquakes, hurricanes or tornadoes, and should prepare commercial or public buildings to withstand fires with the expectation hundreds may shelter there as they did in makeshift fashion when flames last month largely destroyed the Sierra Nevada foothills city of Paradise in Northern California.California already has the nation's most robust building requirement programs for new homes in fire-prone areas, but recent fire seasons underscore more is needed. Officials must consider prohibiting construction in particularly vulnerable areas, said Pimlott, who has led the agency through the last eight years under termed-out Gov. Jerry Brown.He said it's uncertain if those decisions should be made by local land managers or at the state level as legislative leaders have suggested. But Pimlott said "we owe it" to homeowners, firefighters and communities "so that they don't have to keep going through what we're going through.""We've got to continue to raise the bar on what we're doing and local land-use planning decisions have to be part of that discussion," he said.California's population has doubled since 1970 to nearly 40 million, pushing urban sprawl into mountain subdivisions, areas home to fast-burning grasslands and along scenic canyons and ridgetops that are susceptible to fires. After a crippling drought, the last two years have seen the worst fires in state history. November's fire in the northern California town of Paradise was the deadliest U.S. wildfire in a century, killing at least 85 people and destroying nearly 14,000 homes.A year earlier, a fire that ripped through the San Francisco Bay Area city of Santa Rosa killed 22 people and destroyed more than 5,000 homes and other structures.Every year since at least 2013, firefighters did not anticipate California's wildfires could get worse, Pimlott said. But each year the fires have increased in intensity — driven by dry fuels, an estimated 129 million drought- and bark beetle-killed trees, and climate change.In response, the state is doing more planned burning to eliminate brush and dead trees that serve as fuels for wildfires. The state will also add seven large firefighting aircraft, replace a dozen aging helicopters, provide firefighter counseling and ensure that firefighters have enough time off for medical checkups to help them manage the mental and physical stress from a fire season that now never ends.He said California leads the nation in clearing away dead trees and thinning forested areas that are crowded with trees that can fuel fires, contrary to criticism by President Donald Trump who has blamed forest mismanagement for the fires."No other state, or even the federal government, are putting the amount of investment into this space as California," Pimlott said.The department's philosophy for many years has been to stamp out fires quickly to protect people and property. Prescribed burns were previously used sparingly out of concern they could get out of control, but he said the department is making "a sea change" by recognizing that starting fires under optimum conditions is a good way to reduce dangerous fuels.Recent fires that have burned into cities have made clear that those protections need to be centered around vulnerable communities, he said. Paradise, for example, was built on a ridge atop steep canyons that helped channel the wind-driven fire, while wildfires have repeated blown into Northern and Southern California subdivisions from neighboring wildlands thick with tinder-dry fuel.Pimlott rose through the ranks from seasonal firefighter to deputy director of fire protection before his appointment as chief of the agency. In that role he doubles as the state's chief forester and oversees a department that includes nearly 8,000 firefighters, forest managers and support staff.He said he has seen fire conditions worsen each passing year during his three decades with the agency, taking its toll on residents and firefighters alike."Folks can say what they want to say, but firefighters are living climate change. It's staring them in the face every day," he said.To adapt, he advocates wildfire warning systems that not only use new technology like automated phone calling systems, but maybe restoring civil defense-style emergency sirens in some areas. City planners must prepare communities "unlike we ever have before" with easy evacuation routes and new evacuation centers.And he said Californians must treat "red flag" extreme fire danger warnings the way Midwesterners treat tornado warnings — as imminent threats."The reality of it is, California has a fire-prone climate and it will continue to burn," he said. "Fire is a way of life in California and we have to learn how to live with it, we have to learn how to have more resilient communities." 5973

SACRAMENTO, Calif. (AP) — California will ban smoking on state parks and beaches starting next year under legislation signed by Gov. Gavin Newsom.The law also bans disposing cigar and cigarette waste at parks and beaches. Violations of the law will be punishable by a fine of up to . Newsom, a Democrat, announced Friday he had signed the bill into law.It covers smoking traditional cigarettes as well as using electric smoking devices. Smoking will still be allowed in parking lots at beaches and parks. Film and television productions can still allow people to smoke on state property with the proper permits.Democratic state Sen. Steve Glazer has been pushing such a ban for years, with lawmakers approving it several times. But former Gov. Jerry Brown, a fellow Democrat, repeatedly vetoed it."We have many rules telling us what we can and can't do and these are wide open spaces," he wrote last year.Glazer has argued such a rule will protect public health and curtail pollution.California already prohibits smoking at child care centers, within 25 feet (7.6 meters) of farmers' markets, in government buildings and on public transportation. Cities and counties can also adopt their own smoking laws.California has roughly 280 state parks and 340 miles (547 kilometers) of coastline.A legislative analysis predicts it will cost the state parks system nearly million to put up more than 5,000 signs alerting people to the ban and complying with various state regulations.The law is supported by many medical and environmental groups as well the cities of Huntington Beach and Santa Monica. Many Republicans in the Legislature voted against the measure. 1670

SACRAMENTO, Calif. (AP) -- The California Supreme Court overturned the 2005 death sentence for Scott Peterson in the slaying of his pregnant wife.The court says prosecutors may try again for the same sentence if they wish in the high-profile case. It upheld Peterson's 2004 conviction of murdering his wife Laci Peterson.Laci Peterson was eight months pregnant with their unborn son, and investigators said that on Christmas Eve in 2002, Scott Peterson dumped the bodies from his fishing boat into San Francisco Bay.The court on Monday said the trial judge made several significant errors in jury selection that undermined Peterson's right to an impartial jury at the penalty phase.The court ruled potential jurors for the death penalty phase were improperly dismissed after saying they disagreed with the death penalty but would be willing to impose it."The trial judge made a mistake by kicking those people off the jury, so the only people that sat on the jury were in the death penalty camp," said criminal defense attorney Gretchen von Helms.Prosecutors will now decide whether to retry the sentencing phase.While the sentence was overturned, the court affirmed the murder convictions. "The sentencing was a positive step. The other decision (convictions affirmed) was about what we expected. Now we go to the habeas appeal," said Lee Peterson, Peterson's father.The court will examine the case again when it decides a separate habeas corpus challenge, based on evidence. not presented at the original trial. Peterson's father declined to talk about the arguments in the appeal, but says he's expecting a development within the next four months.Peterson's family issued this full statement in response to the court's decision:Our family is sincerely grateful that the California Supreme Court recognized the injustice of Scott’s death penalty. For a long and difficult 18 years, we have believed unwaveringly in Scott’s innocence, so today’s decision by the court is a big step toward justice for Laci, Conner and Scott.Now our family will do two things: First, we wait for Stanislaus County District Attorney Birgit Fladager to decide whether to pursue a new penalty phase trial. If the DA elects to do so, a new jury would be seated, and they would hear all the evidence. They would then decide only Scott’s sentence: life without the possibility of parole or the death penalty. While we hope for the opportunity to present the new evidence to a jury, it is not likely that this penalty phase trial will happen. The case against Scott has weakened to the point where no jury would ever sentence him to death again and the District Attorney is aware of these facts.Second, we wait for the court to address the new forensic and eyewitness evidence we have submitted that shows Laci was alive the morning of December 24th and demonstrates Scott’s innocence. When the court reviews this in the coming months, we are confident they will grant Scott a new guilt phase trial.Our family has been deeply moved by the outpouring of support not only from family and friends but also from the hundreds of people from all walks of life who have shared their faith in Scott’s innocence. For more information on the case, please visit our website at ScottPetersonAppeal.org. 3275

RMH Franchise Holdings, a company that operates a number of Applebee's restaurants, announced this week that customers who used credit cards at some locations may have been subject to a data breach. "Upon learning of a potential incident, RMH promptly launched an investigation and obtained the help of leading cyber security forensics firms," the company said in a statement. "Based on the experts’ investigation, RMH believes that unauthorized software placed on the point-of-sale system at certain RMH-owned and -operated Applebee’s restaurants was designed to capture payment card information and may have affected a limited number of purchases made at those locations."The company said that customers’ names, credit or debit card numbers, expiration dates and card verification codes were subject to the breach. Customers who used Applebee's tabletop payment system, or its online ordering system were not subject to the breach.RMH said that customers should closely monitor their payment card statements, and check for any unauthorized transactions. If customers notice any unauthorized transactions, they should contact their bank.RMH said that it learned of the incident on February 13, and has since contacted law enforcement. "RMH is continuing to closely monitor its systems and review its security measures to help prevent something like this from happening again," the company said. The company did not say why it waited three weeks before notifying the public. Many of the affected transactions took place from December 6 through January 2. Not every Applebee's location was affected by the data breach. For a list of affected locations, click here.  1732

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