Poisoned Lottery Winner's Exhumation Approved

A judge has approved the exhumation of the Chicago lottery winner who died of cyanide poisoning.

Judge Susan Coleman of the Probate Division of the Cook County Circuit Court in Illinois today approved the county medical examiner's request to exhume the body of Urooj Khan at Rosehill Cemetery in Chicago.

Khan, 46, died July 20, 2012, from what was initially believed to be natural causes. But a family member whose identity has yet to be revealed asked the medical examiner's office to re-examine the cause of death, which was subsequently determined to be cyanide poisoning.

The office did so by retesting fluid samples that had been taken from Khan's body, including tests for cyanide and strychnine.

In explaining the request for exhumation, Chief Medical Examiner Stephen Cina has said, "If or when this goes to court, it would be nice to have all the data possible."

The Chicago businessman had won a $1 million lottery jackpot -- before taxes -- the month before he died.

In Photos: Biggest Lotto Winners

In the latest legal twist, Khan's brother filed a petition Wednesday to a judge asking Citibank to release information about Khan's assets to "ultimately ensure" that [Khan's] minor daughter "receives her proper share." Khan reportedly did not have a will.

He left behind a widow, Shabana Ansari, 32, and a teenage daughter from his first marriage. Ansari and Khan reportedly married 12 years ago in India.

Authorities questioned Ansari in November and searched the home she shared with Khan. She and her attorney, Al Haroon Husain, say she had nothing to do with his death.

"It's sad that I lost my husband," she told ABC News. "I love him and I miss him. That's all I can say."

The siblings of the poisoned lottery winner have pursued legal action to protect their niece's share of her late father's estate. They also questioned whether he and Ansari were legally married, but Ansari's attorney said she has a marriage certificate from India that is valid in the United States.

ImTiaz Khan, 56, Khan's brother, and Meraj Khan, 37, their sister, had won a court order to freeze the lottery winnings after Ansari cashed the check.

Husain said Ansari cashed the lottery check after it was mailed to the home, which she did not request.

The lottery check, about $425,000 in cash, was issued July 19 by the Illinois Comptroller's Office, then mailed, according to Brad Hahn, spokesman for the Comptroller's Office. Hahn said it was cashed Aug. 15, nearly a month after Khan's death, but he did not know who cashed it.

The judge later approved Ansari's competing claim as an administrator of the estate.

"I don't care what they talk [sic]," Ansari told ABC News of what her in-laws are saying.

Ansari said she was married to Khan but declined to comment to ABC News about cashing the check after his death, although The Associated Press has reported that she denied removing any of the assets.

Meraj Khan filed in September to become the legal guardian of her niece. After the judge asked the 17-year old daughter with whom she wished to live, she chose her aunt and has been there since November, Husain said.

Neither sibling has petitioned to obtain a share of the dead man's estate, which is estimated to be $1.2 million in lottery winnings, real estate, Khan's laundry business and automobiles.

Neither the attorney for ImTiaz Khan nor the two siblings has responded to requests for comment.

A status hearing on the future of the estate is scheduled for Jan. 24, according to the AP.

ABC News' Alex Perez and Matthew Jaffe contributed to this report.

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US focused on Syria's chemical arms after Assad: Panetta

WASHINGTON: The United States is increasingly focused on how to secure Syria's chemical weapons if President Bashar al-Assad falls from power but is not considering sending ground troops into the war-torn country, Defense Secretary Leon Panetta said Thursday.

While the US government has issued stern warnings to Damascus against resorting to such arms in its war with rebel forces, Panetta said that a more likely scenario might be a chaotic vacuum if Assad is toppled, with uncertainty over who controls the lethal weapons.

"I think the greater concern right now is what steps does the international community take to make sure that when Assad comes down, that there is a process and procedure to make sure we get our hands on securing those sites," Panetta told a news conference. "That I think is the greater challenge right now."

The US government was discussing the issue with Israel and other countries in the region, he said, but ruled out deploying American ground forces in a "hostile" setting.

"We're not talking about ground troops," Panetta added.

The US military's top officer, General Martin Dempsey, told the same news conference that if Assad chose to use his chemical stockpiles against opposition forces, it would be virtually impossible to stop him.

Preventing the launch of chemical weapons "would be almost unachievable... because you would have to have such clarity of intelligence, you know, persistent surveillance, you would have to actually see it before it happened," he said. "And that's unlikely, to be sure."

He said that clearly worded warnings to Assad from President Barack Obama have served as a deterrent.

Even if the regime chooses not to employ the weapons, the Obama administration worries that Islamist militants allied with rebel forces might gain control of some chemical sites.

Syria's chemical weapons stockpile, which dates back to the 1970s, is the biggest in the Middle East, but its precise scope remains unclear, according to analysts.

The country has hundreds of tons of various chemical agents, including sarin and VX nerve agents, as well as older blistering agents such as mustard gas, dispersed in dozens of manufacturing and storage sites, experts say.

But it remains unclear if the chemical weapons are mounted and ready to be launched on Scud missiles, if the chemical agents are maintained effectively, and whether the regime is able to replenish its chemical stocks.

Damascus has said it might use its chemical weapons if attacked by outsiders, although not against its own people.

Panetta's comments came as prospects for international diplomacy to halt the violence in Syria appeared bleak.

The regime blasted the UN-Arab League envoy, Lakhdar Brahimi, a day before he was due to hold talks with US and Russian officials, accusing him of "flagrant bias."

The 21-month civil war has claimed more than 60,000 lives, according to the United Nations.

- AFP/jc

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Bennett: Obama, wake up to spending

STORY HIGHLIGHTS

• William Bennett: National debt doesn't look like a priority for President Obama


• Bennett: Obama more concerned with his legacy rather than our economic well-being


• He asks why the president is so unwilling to cut the size and scope of government


• Bennett: GOP should make it clear that it will fulfill our debt obligations in a responsible way

Editor's note: William J. Bennett, a CNN contributor, is the author of "The Book of Man: Readings on the Path to Manhood." He was U.S. secretary of education from 1985 to 1988 and director of the Office of National Drug Control Policy under President George H.W. Bush.

(CNN) -- Second terms, untainted by re-election posturing, often reveal a president's true governing philosophy. In the case of President Obama, two recent revelations have confirmed all we may need to know about his agenda for the next four years.

On December 30, the president sat down for an interview with David Gregory on "Meet the Press." Gregory asked the president, "So what is your single priority of the second term? What is the equivalent to health care?"

President Obama replied, "Well, there are a couple of things that we need to get done. I've said that fixing our broken immigration system is a top priority. I will introduce legislation in the first year to get that done." He went on to say, "The second thing that we've got to do is to stabilize the economy and make sure it's growing."

William Bennett

During his first term in office, coming off "the worst recession since the Great Depression," to use the president's own words, it appeared to many that he prioritized Obamacare over the economy. Now it appears that the economy, and all that goes along with it, like the ever-growing national debt, will again play second fiddle, this time to immigration reform.

If priorities are any reflection of politics, it appears the president is more concerned with what he regards as historic, landmark legislation to build his legacy, rather than the economic well-being of the nation. If that seems like a harsh assessment, consider that just this week we learned from Stephen Moore's interview of House Speaker John Boehner in the Wall Street Journal that the president told Boehner during the fiscal cliff negotiations, "We don't have a spending problem."

If $16 trillion of national debt and the huge deficits each year aren't spending problems, then what is? The United States most certainly has a spending problem. For the president to insist otherwise is dumbfounding but at the same time entirely consistent with his policies.

He called for the Simpson-Bowles Commission on deficit reduction, but ignored their recommendations. He campaigned ad nauseam about the need for a balanced approach to deficit reduction, but the latest fiscal cliff deal is almost entirely tax hikes and even includes more stimulus spending. The only spending cuts he agreed to, the sequestration cuts, he had announced during one of the presidential debates "will not happen."

There seems to be a near invincible unwillingness by this president and his advisors to cut the size and scope of government. How then do conservatives negotiate the coming debt ceiling extension, especially when they control neither the White House nor the Senate?

There is no easy answer, but perhaps they should begin by explaining to the American people "the politics of reality," as William Buckley aptly defined conservatism.

The recent elections seem to indicate that a majority of the American people want lower taxes for themselves but approve of the president's increased spending programs. In the end, they cannot have both. A vibrant and prosperous private sector cannot coexist with a one-size-fits-all caretaker state. One relies on low taxes and limited government interference, the other on high taxes and government redistribution of resources.

So Americans must choose between the two and conservatives must make that choice clear: higher taxes, higher spending and more government services, or opportunity and upward mobility with lower taxes and less government interference.

The debt ceiling is just the first of many opportunities to bring this choice to the public. Republicans should make it clear that they will fulfill our debt obligations in a responsible manner, but they will only give the president short-term debt ceiling extensions until we get this problem under control. If Obama doesn't want to cut spending in a meaningful way he's going to have to explain that to the American people every couple of months for the next four years.

The purpose isn't to thrash the president and his party or be ideological shock troops, as Ronald Reagan once warned against, but to hold a national education seminar on fiscal responsibility. Republicans have not won the argument, and will not win it, when these fiscal deals are made behind closed doors before the strike of midnight.

Sunlight is the best disinfectant and so too in politics. Republicans can win the argument by making a clear and cogent public articulation of the president's spending problem and how the American people, especially the lower and middle classes, will be the ones to suffer as a result.

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The opinions expressed in this commentary are solely those of William J. Bennett.

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Student shot at Calif. high school by classmate

Updated at 4:14 p.m. ET

TAFT, Calif. A 16-year-old student armed with a shotgun walked into class in a rural California high school on Thursday and shot one student, fired at another but missed, and then was talked into surrendering by a teacher and another staff member, officials said.

The teen victim was in critical but stable condition, Kern County Sheriff Donny Youngblood told a press conference. The sheriff said the teacher suffered a minor pellet wound to the head but declined treatment.

When the shots were fired, the teacher began trying to get the more than two dozen students out a back door and also engaged the shooter in conversation to distract him, Youngblood said. A campus supervisor responding to a call of shots fired also began talking to him.

"They talked him into putting the shotgun down," Youngblood said.

The sheriff said that at one point the shooter told the teacher, "I don't want to shoot you" and named the person he wanted to shoot.

The shooter may have had up to 20 shotgun rounds in his pockets, he said.

Officials said there's usually an armed officer on campus but the person wasn't there because he was snowed in. Taft police officers arrived within 60 seconds of first reports.

The shooting occurred about 9 a.m. at Taft Union High School in a community of fewer than 10,000 people amid oil and natural gas production fields about 120 miles northwest of Los Angeles.

The shooting happened on the second floor of the school's science building around 9 a.m., according to CBS affiliate KBAK in Bakersfield.

As word spread, Dayna Hopper rushed to the school to pick up her son Joseph Sorensen, 16, and daughter, Cheryle Pryor, 15, who had called from Cheryle's cellphone.

"I panicked. I wanted to puke and just get here," Dayna Hopper told The Bakersfield Californian.

KERO-TV Bakersfield reported that the station received phone calls from people inside the school who hid in closets.

The bell had just rung at a nearby school when teachers began shouting for students to get inside buildings, and the principal used an intercom to tell students to stay inside, Felicity Reich, 13, a student at Lincoln Junior High School, told the newspaper.

Shaken, she held the hand of her mother, Ellie Reich, as she spoke.

The student who was shot at the high school was flown to a hospital in Bakersfield, said Ray Pruitt, spokesman for the Kern County Sheriff's Department.

About 900 students are enrolled at the high school, which includes 9th through 12th grades.

Masses of parents headed to the school football field to find their children, and officials at other schools took action to protect their students as well, the newspaper said.

The Taft shooting came less than a month after a gunman massacred 20 children and six women at Sandy Hook Elementary School in Newtown, Conn., then killed himself.

That shooting prompted President Barack Obama to promise new efforts to curb gun violence. Vice President Joe Biden, who was placed in charge of the initiative, said he would deliver new policy proposals to the president by next week.

At the state Capitol, Assembly Speaker John Perez, D-Los Angeles, said the thoughts and prayers of legislators were with the people at the Taft school.

"It really is just another very sad moment as we deal with the ongoing reality of gun violence that has captured so much of our attention this last year," Perez said.

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Jodi Arias' Lies Detailed at Murder Trial

The jury in the Jodi Arias murder trial watched a television interview today in which Arias said "no jury will convict me" for killing her ex-boyfriend, Travis Alexander.

Arias also said she could never imagine commiting such a violent act as killing Alexander.

"I understand all the evidence is really compelling," she said in the interview. "In a nutshell, two people came in and killed Travis. I've never even shot a gun. That's heinous. I can't imagine slitting anyone's throat."

She went on to tell the interviewer, "No jury will convict me and you can mark my words on that... I am innocent."

Arias made the statements to the television show Inside Edition after she was indicted for murdering Alexander. Months later, she would confess to killing him in his Mesa, Ariz., home and say it was in self-defense.

Jodi Arias Trial: Watch Live

Jodi Arias Murder Trial: Full Coverage

Photos of Key Players and Evidence in the Jodi Arias Murder Trial

The tape was played on the fifth day of testimony in Arias's trial, in which police allege that she carried out the murder with such brutal force that she stabbed Alexander 27 times, slashed his throat from ear to ear, and shot him in the head.

Arias, now 32, claims Alexander was a controlling and abusive "sexual deviant" who she was forced to kill in self-defense.

She could face the death penalty if convicted of Alexander's murder.

Jodi Arias Trial: Jurors See Photos of Bloody Handprint Watch Video

Jodi Arias Murder Trial: Who Is the Alleged Killer? Watch Video

Jodi Arias Trial: Defense Claims Victim Was Sex Deviant Watch Video

The jury also watched as dozens of photos of blood-spattered walls, flooring, stained carpets and blood smeared sink were explained in detail by a forensic analyst from the Mesa police department, who noted that on many of the stains, water had been mixed with the blood and diluted it.

The prosecution alleges that Arias tried to wash away the evidence of the killing with water.

Prosecutors spent much of today and Wednesday using Arias' recorded statements and other testimony to prove that she lied about her relationship with Alexander, where she was when Alexander was killed, and even where she worked as a bartender.

The testimony today showed that Arias had lied to her new boyfriend Ryan Burns about working at a bar called Margaritaville in her hometown of Yreka, Calif.

"Is there any restaurant in Yreka called Margaritaville? Has there ever been?" prosecutor Juan Martinez asked Nathaniel Mendes, a former detective with the Siskiyou County Sheriff's Office in California.

"No, sir," Mendes replied.

Mendes testified that Arias worked at a restaurant called Casa Ramos in Yreka, not a Margaritaville bar that she told Burns. Mendes also went over receipts showing that Arias rented a car the day before she killed Alexander, and noted that she went to a rental outfit 90 miles from her hometown despite two businesses that rented cars in Yreka.

Arias told friends and investigators that she rented a car to go on a road trip to visit Burns, in West Jordan, Utah, on June 3, 2008. She showed up to Burns' house a day late with cuts on her hands, but told Burns that she got lost driving and that the cuts were from broken glass at her Margaritaville bar tending job, according to Burn's testimony Wednesday.

The trail of receipts showed that Arias drove from California to Alexander's hometown of Mesa on Tuesday, June 4, 2008.

There, the pair had sex and took sexually graphic photos of one another, according to photographs and the opening statement of Arias' lawyer. Shortly after the tryst, Arias killed Alexander, both sides agree.

Burns testified that Arias never mentioned going to Alexander's house when she arrived at his home in Utah. He said he did not know that Arias and Alexander were still sexually involved, and that she told him they had broken up.

When she arrived at his home, just 24 hours after killing Alexander, she seemed "normal," he said. The pair kissed and cuddled, and went out with Burns' friends, where she laughed and made conversation.

Prosecutors have also played recorded phone conversations between detectives and Arias in the weeks after Alexander's body was found. She can be heard lying multiple times to investigators as they ask about the last time she spoke with Alexander and her trip to Utah.

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Karzai's U.S. visit a time for tough talk

The last time Presidents Obama and Karzai met was in May in Kabul, when they signed a pact regarding U.S. troop withdrawal.

STORY HIGHLIGHTS

• Afghan President Karzai meeting with President Obama in Washington this week


• Felbab-Brown: Afghan politics are corrupt; army not ready for 2014 troop pullout


• She says Taliban, insurgents, splintered army, corrupt officials are all jockeying for power


• U.S. needs to commit to helping Afghan security, she says, and insist corruption be wiped out

Editor's note: Vanda Felbab-Brown is a senior fellow in foreign policy at the Brookings Institution. Her latest book is "Aspiration and Ambivalence: Strategies and Realities of Counterinsurgency and State-Building in Afghanistan."

(CNN) -- Afghan President Hamid Karzai is meeting this week with President Obama in Washington amid increasing ambivalence in the United States about what to do about the war in Afghanistan.

Americans are tired of the war. Too much blood and treasure has been spent. The White House is grappling with troop numbers for 2013 and with the nature and scope of any U.S. mission after 2014. With the persisting corruption and poor governance of the Afghan government and Karzai's fear that the United States is preparing to abandon him, the relationship between Kabul and Washington has steadily deteriorated.

As the United States radically reduces its mission in Afghanistan, it will leave behind a stalled and perilous security situation and a likely severe economic downturn. Many Afghans expect a collapse into civil war, and few see their political system as legitimate.

Karzai and Obama face thorny issues such as the stalled negotiations with the Taliban. Recently, Kabul has persuaded Pakistan to release some Taliban prisoners to jump-start the negotiations, relegating the United States to the back seat. Much to the displeasure of the International Security Assistance Force, the Afghan government also plans to release several hundred Taliban-linked prisoners, although any real momentum in the negotiations is yet to take place.

U.S. may remove all triips from Afghanistan after 2014

Vanda Felbab-Brown

Washington needs to be careful that negotiations are structured in a way that enhances Afghanistan's stability and is not merely a fig leaf for U.S. and NATO troop departure. Countering terrorism will be an important U.S. interest after 2014. The Taliban may have soured on al Qaeda, but fully breaking with the terror group is not in the Taliban's best interest. If negotiations give the insurgents de facto control of parts of the country, the Taliban will at best play it both ways: with the jihadists and with the United States.

Negotiations of a status-of-forces agreement after 2014 will also be on the table between Karzai and Obama. Immunity of U.S. soldiers from Afghan prosecution and control over detainees previously have been major sticking points, and any Afghan release of Taliban-linked prisoners will complicate that discussion.

Karzai has seemed determined to secure commitments from Washington to deliver military enablers until Afghan support forces have built up. The Afghan National Security Forces have improved but cannot function without international enablers -- in areas such as air support, medevac, intelligence and logistical assets and maintenance -- for several years to come. But Washington has signaled that it is contemplating very small troop levels after 2014, as low as 3,000. CNN reports that withdrawing all troops might even be considered.

Everyone is hedging their bets in light of the transition uncertainties and the real possibility of a major security meltdown after 2014. Afghan army commanders are leaking intelligence and weapons to insurgents; Afghan families are sending one son to join the army, one to the Taliban and one to the local warlord's militia.

With Afghan president's visit, nations' post-2014 future takes shape

Patronage networks pervade the Afghan forces, and a crucial question is whether they can avoid splintering along ethnic and patronage lines after 2014. If security forces do fall apart, the chances of Taliban control of large portions of the country and a civil war are much greater. Obama can use the summit to announce concrete measures -- such as providing enablers -- to demonstrate U.S. commitment to heading off a security meltdown. The United States and international security forces also need to strongly focus on countering the rifts within the Afghan army.

Assisting the Afghan army after 2014 is important. But even with better security, it is doubtful that Afghanistan can be stable without improvements in its government.

Afghanistan's political system is preoccupied with the 2014 elections. Corruption, serious crime, land theft and other usurpation of resources, nepotism, a lack of rule of law and exclusionary patronage networks afflict governance. Afghans crave accountability and justice and resent the current mafia-like rule. Whether the 2014 elections will usher in better leaders or trigger violent conflict is another huge question mark.

Emphasizing good governance, not sacrificing it to short-term military expediencies by embracing thuggish government officials, is as important as leaving Afghanistan in a measured and unrushed way -- one that doesn't jeopardize the fledgling institutional and security capacity that the country has managed to build up.

U.S. likely to keep thousands of troops in Afghanistan after NATO forces leave

Karzai has been deaf and blind to the reality that reducing corruption, improving governance and allowing for a more pluralistic political system are essential for Afghanistan's stability. His visit provides an opportunity to deliver the message again -- and strongly.

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The opinions in this commentary are solely those of Vanda Felbab-Brown.

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Football: Swansea stun Chelsea in fresh League Cup shock

LONDON: Swansea produced the second surprise English League Cup semi-final first leg result after defeating Chelsea 2-0 at the European champions' Stamford Bridge ground on Wednesday.

Though not as great an upset as fourth-tier Bradford City's 3-1 defeat of Premier League Aston Villa on Tuesday, Swansea's victory over their top flight rivals was still a surprise.

Both Swansea goals in a backs-to-the-wall effort came as a result of two errors by Chelsea defender Branislav Ivanovic.

In-form Spanish striker Michu, signed for just £2 million from La Liga side Rayo Vallecano, scored his 16th goal of the season in the 39th minute with a curling shot from the edge of the box after Ivanovic miscontrolled the ball.

Chelsea boss Rafael Benitez brought Frank Lampard and Demba Ba off the bench in search of an equaliser but none came.

And in stoppage time, shortly after Ba had had a penalty appeal turned down on his home debut, Swansea's Danny Graham scored for the fourth match in a row after another Ivanovic mistake.

Now Welsh side Swansea will look to seal the tie in the second leg at the Liberty Stadium on January 23, with the prospect of an improbable final against Bradford in their sights.

"We've had some historic results already this season but to win here is very special," Swansea manager Michael Laudrup told Sky Sports.

"We had to defend a lot, they had a lot of possession but to be honest they only had three good chances all night," the Denmark great added.

"They gave us two goals but you have to score them. It was a marvellous fight, we are a team that always try to play but when you play the European champions away you have to change.

"There is still a mountain to climb, Chelsea have so much quality. We will have to play with the same intensity, they can still win and can score three or four goals against us."

- AFP/jc

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Latino should have played lead in 'Argo'

Ben Affleck plays the lead role of Tony Mendez in "Argo," which he also directed.

STORY HIGHLIGHTS

• Oscar nominations on Thursday, and Ben Affleck expected to get one for "Argo"


• Affleck plays real-life Latino who helped diplomats escape in Iran hostage crisis


• Ruben Navarrette: Affleck should have used a Latino actor to play role


• He says it cheats actor out of a job, and the Latino community out of a hero's story

San Diego, California (CNN) -- The upcoming Oscars are no stranger to causes or controversy. And this year, there is a strong dose of both surrounding the film "Argo" -- and its star and director, Ben Affleck.

This controversy bubbled up when the buzz started that Affleck could get an Academy Award nomination for best director when the announcements are made Thursday.

"Argo" tells how an ingenious and daring CIA agent helped orchestrate the rescue of six U.S. diplomats from Tehran during the Iran hostage crisis of 1979-1980. In November 1979, about 300 Islamic students stormed the U.S. Embassy and 66 Americans were taken hostage. But six U.S. diplomats escaped and were hidden at the Canadian Embassy by the Canadian ambassador and his wife.

Ruben Navarrette Jr.

The CIA agent -- Antonio "Tony" Mendez, played by Affleck -- successfully led the mission to evacuate the Americans, which involved Mendez and his associates posing as a Canadian film crew that was eager to make a movie in Iran.

The real Tony Mendez was awarded the Intelligence Star for Valor, and other honors, for leading the rescue. He later wrote a memoir, detailing the events in Tehran.

"Argo" is loosely based on Mendez's book. Better make that, very loosely based. As movie critics and others have pointed out since the movie opened a few months ago, the filmmakers took lots of dramatic license with the story. Mendez's role is played up, while that of the Canadians who helped hide and protect the Americans is played down. Some scenes depicted in the film never happened. Some characters are composites of several real people.

In other words, it's what you would expect from a Hollywood feature film based on a historical event. It's not a documentary. It's meant to be taken with a grain of salt, and to be entertaining.

Still, there are some Latinos -- in and out of Hollywood -- who think that, in this case, the filmmakers, and especially Affleck, pushed the concept of creativity too far. They say Affleck missed an opportunity to put more Latinos on screen. Moreover, they say, Affleck improperly claimed, for himself, the choice role of Mendez when he should have cast a Latino actor instead. They insist that the director didn't just cheat a Latino out of an acting job but the Latino community out of a feel-good story about one of their own who won acclaim for a heroic deed.

The critics are right, and their cause is just. Affleck should have tried to cast a Latino to play Mendez. That's common sense, and it would have made "Argo" a better movie. Affleck also didn't do himself any favors by trying to dismiss the criticism with a glib remark that essentially said that it really doesn't matter that the actor playing Mendez isn't Latino since Mendez himself isn't, shall we say, overtly Latino.

At a recent forum intended to publicize the film, Affleck responded to a question from the audience about the controversy by noting that "Tony does not have, I don't know what you would say, a Latin/Spanish accent" and that "You wouldn't necessarily select him out of a line of 10 people and go 'This guy's Latino.' "

Ouch. At least Affleck didn't slip and say "line up."

"So I didn't feel as though I was violating something," he said, "where, here's this guy who's clearly ethnic in some way and it's sort of being whitewashed by Ben Affleck the actor."

Johnny Depp set a better example. Several months ago, Depp turned down the role of Mexican revolutionary Francisco "Pancho" Villa in another film. He said that the role should go to a Latino. I praised Depp at the time for showing that, besides being a great actor, he is also a person of character.

The exclusion of Latinos from Hollywood is an old story. This is still a black and white world, where Latinos rarely get cast in the leading role. We're the gardeners and housekeepers, the gang leader and drug dealers, the nannies and farm workers. That's it. There has been some progress, of course. But not enough -- not when you have a Latina in the Supreme Court, three Latinos in the U.S. Senate, and Latinos heading Fortune 500 companies.

I could blame the environment of Southern California, in which most Hollywood writers, producers and directors live and spend most of their time. When they get up in the morning and drive to work, most Latinos they encounter are subservient. We clean their homes, cook their breakfast, trim their hedges, park their cars and otherwise help them get through the day.

Still, you can push this argument too far, and wind up going down a dangerous path -- one that ultimately sets back the greater cause of trying to get television networks and film studios to create a broader range of meatier roles for Latino actors and actresses.

After all, it's a short walk from saying that a director should have cast a Latino to play a Latino to arguing that only Latinos can play Latinos. And, if that's the argument, then on what moral high ground do Latinos stand to also push -- as we should -- for Latino actors and actresses to be considered for generic and mainstream roles that could have gone to white actors? We can't have it both ways.

Even if Latinos succeed in making their point about this one director and this one movie, it could backfire. We could win this battle, and still lose the war.

But before Latinos can be fully integrated into America and not considered outsiders, we have to take every opportunity to push for inclusion and fairness. And acknowledging that Latinos have the skills to play themselves is a good start.

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The opinions in this commentary are solely those of Ruben Navarrette.

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Hilda Solis stepping down as labor secretary

Hilda Solis announced that she is stepping down from her post as labor secretary, CBS News has confirmed. She sent a letter to President Obama today notifying him of her retirement.

Solis was nominated to the position the same day the president was inaugurated in 2009, serving through the president's entire first term. She ran the Labor Department during the worst economic recession since the Great Depression. The department, which calculates unemployment statistics, came under criticism during the presidential campaign for a steep drop in the jobless numbers from above 8 percent to below 8 percent right before Election Day.

President Obama called her "a critical member" of his economic team who has helped put "millions" of people back to work. "Hilda Solis has been a tireless champion for working families," the president wrote in a statement.

Before her current position, she was a member of Congress, representing California since 2001 but left that job to be the first Hispanic woman to run the agency.

The president must now name a replacement that must go through the Senate confirmation process. CBS News learned today that the president intends to nominate his chief of staff, Jack Lew, to run the Treasury Department.

Solis joins Secretary of State Hillary Clinton, Treasury Secretary Timothy Geithner, CIA Director David Petraeus and Defense Secretary Leon Panetta in stepping down from their cabinet-level posts.

A White House official says Health and Human Services Secretary Kathleen Sebelius, Veterans Affairs Secretary Eric Shinseki and Attorney General Eric Holder plan to remain in their positions.

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Arias Kissed New Beau Day After Killing Boyfriend

Jodi Arias drove to the home of her new romantic interest, kissed him, and laughed with his friends just 24 hours after she stabbed and shot her ex-boyfriend Travis Alexander to death, according to court testimony today.

Ryan Burns, whom Arias met in the spring of 2008, took the stand today at the start of the fourth day of testimony in the trial.

Arias, 32, is accused of murdering Alexander, 30, her one-time boyfriend whom she continued to sleep with occasionally. She claims he was abusive and she stabbed and shot him in self-defense. Alexander's body was riddled with 27 knife wounds including a slashed throat and a bullet wound to the head.

WATCH LIVE: Jodi Arias Murder Trial

Burns, who met Arias at a business conference, exchanged frequent long phone calls and online conversations with Arias before inviting her to come visit him in West Jordan, Utah, in June. Arias lived in California at the time.

Arias has confessed to driving to Alexander's home in Mesa, Ariz., where she killed him, and then to Burns' home in Utah. She arrived at Burns's home 24 hours after she was expected there, telling him that she got lost, drove the wrong way on a freeway for a few hours, fell asleep for awhile, and then got lost again, Burns testified today.

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She never told him that she had confronted Alexander with a knife or gun and ended up killing him just hours before their date.

When she arrived, the pair quickly got physical, he testified.

"We went back to my house. We talked for awhile, and agreed that we were going to watch a movie. At some point we were talking and we kissed. Every time we started kissing it got a little more escalated. Our clothes never came off, but at some point she was kissing my neck, I was kissing hers, but our clothes never came off," he said.

Burns said that both he and Arias stopped kissing at the time, though they again became physically involved later in the evening when Arias climbed on top of Burns and began kissing him. Burns said that they stopped kissing because he did not want her to "regret the visit" because of her Mormon beliefs about sex.

He also told prosecutors upon questioning that Arias was physically strong.

"She's very fit," he said, describing their encounter when she climbed on top of him. "She's very strong. She has close to a six pack (of abs)."

Prosecutors likely asked about the strength of Arias because in testimony Tuesday Maricopa County medical examiner Kevin Horn said Alexander was stabbed so forcefully that the blade chipped his skull and his neck was cut all the way back to the spinal cord.

Burns, who is also a Mormon, said he noticed two bandages on Arias's hand when she arrived at his house, which she told him she got when a glass broke at her place of employment, Margaritaville.

During her visit, the pair also went to a business meeting and went out with Burns' friends where Burns described Arias as acting "shy" and a "little awkward."

"She was fine, she was laughing about simple little things like any other person. I never once felt like anything was wrong during the day. With a crowd she was a little awkward in social areas, but one on one she was very talkative and excitable," he said.

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