Baby Gabriel's Mother Sentenced to Prison

Elizabeth Johnson -- who at one point admitted to killing her son, the missing infant Gabriel Johnson, before saying she gave him away -- told a judge she "deserved the maximum" sentence, before receiving a prison term of 5.25 years, half of the max.

In October, Johnson, 26, was found guilty of custodial interference and unlawful imprisonment stemming from the disappearance of her 8-month-old son, last seen on Dec. 24, 2009. The baby's whereabouts remain unknown.

"I am brokenhearted over my son still being missing," said Johnson, wearing a striped prison jumpsuit. "I'm at a loss because I do deserve the max. What I have done is unconscionable. I would convict myself.

"I do deserve the maximum, I do," she said through tears. "[But it] wasn't how [the prosecution] made it out to be. It wasn't like that. That's all I have to say."

Judge Paul McMurdie said he wished he could design a sentence that would compel Johnson to disclose Gabriel's whereabouts, but could only "sentence her for the offenses [for which] she's been convicted."

Johnson, 26, will serve 5.25 years in an Arizona state prison, followed by four years of probation.

At today's sentencing hearing, prosecutor Angela Andrews called Johnson' actions "despicable," but said the state would drop its request to see Johnson serve out a maximum sentence if she would tell authorities where her son could be found.

Johnson, who has been in jail for the past three years, faced a maximum of 9.5 years in prison on the two convictions. In October, the jury did not reach a verdict on a third charge of kidnapping.

Before Gabriel's disappearance, Johnson had been embroiled in a custody battle with the baby's biological father, Logan McQueary. The couple differed on putting their infant son up for adoption. Johnson had wanted to, McQueary did not.

"I think Elizabeth should be held accountable for her actions, for making my son disappear," Johnson told the court. "She should stay in jail until Gabriel is found or be given the maximum sentence as possible."

While she was fighting with McQueary over custody of their son, Johnson left Tempe, Ariz., with Gabriel and traveled to San Antonio, Texas, on Dec. 18, 2009. Johnson failed to bring Gabriel back to visit with McQueary two days later, violating a court custody order.

Gabriel was last seen with his mother on Dec. 26, 2009. The following day, Johnson sent text messages to McQueary saying she had killed him. Johnson was recorded telling McQueary that she suffocated their son with a towel until he turned blue. She said she then put his body in a diaper bag and put the bag in the trash.

Later, Johnson told authorities she gave Gabriel to a couple she met in a park in San Antonio, though she has never named who she gave the child to.

ABC News' Alexis Shaw contributed to this report.

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Bieber miffed at Grammys snub, Brubeck gets nod

LOS ANGELES: Justin Bieber's manager has lambasted the Grammys organisers after the Canadian teen sensation failed to garner a single nomination for this year's music awards.

At the other end of the musical spectrum, late jazz icon Dave Brubeck was honoured with a posthumous nod for the music industry's top prizes, in a little-noticed category at Wednesday night's nominations show.

"The kid deserved it. Grammy board u blew it on this one," tweeted the Bieb's manager Scooter Braum, after the Recording Academy failed to nominate him in any of its 81 categories.

"The kid delivered. Huge successful album, sold out tour, and won people over... this time he deserved to be recognized and I don't really have any kind nice positive things to say about a decision I don't agree with."

And he added: "To his fans... looks like we get to stay the underdog a little longer."

This year's Grammy nominees were announced at a one-hour show in Nashville on Wednesday night, with New York indie pop band fun. picking up six Grammy nominations in its breakout year.

Others with multiple nods for Grammy gongs, to be awarded on February 10 in Los Angeles, included rap artist Frank Ocean, The Black Keys, British rock-folk group Mumford & Sons and ex White Stripes rocker Jack White.

Wednesday's show included a brief mention for jazz pianist and composer Brubeck, hours after he died just short of his 92nd birthday.

Brubeck, whose 1959 album "Time Out" became the first million-selling jazz record of the modern era, with classics like "Take Five" and "Blue Rondo a la Turk", already won a Grammy Lifetime Achievement Award in 1996.

But he had never won an individual category Grammy.

That may change in February, after he was shortlisted for Best Instrumental Composition for "Music of Ansel Adams: America", a 22-minute piece inspired by the late photographer and environmentalist's famous black-and-white prints.

Brubeck's son Chris, credited as joint composer, brought the concept to his father who wrote it as a piano score, before his son reworked it into a full orchestral piece, according to industry weekly Billboard.

-AFP/fl

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Tribal women wage war against IMFL

SHIMLA: Tribal women in Lahaul-Spiti and Kinnaur district have waged a unique war to curb social inequality, especially during marriages and other social functions. In a bid to curb show of wealth, women have come up with unique idea of banning the use of English liquor and those defying ban are being imposed heavy penalty.

Liquor is an important part of tribal customs and social get together are incomplete if alcohol and mutton are not served to guests. Since ages, tribals in Kinnaur are brewing liquor locally known as "angoori" while in Lahaul-Spiti they make it from wheat. But with the coming of wealth locally brewed liquor was replaced by whisky and beer resulting into social inequality widening the gap between rich and poor.

Noted social activist of Kinnaur and chairperson of Kinnaur Mahila Kalyan Parishad Ratan Manjari said over the years serving English liquor and beer during marriages and other social functions had become a show of wealth and those not having money too were serving it and get burdened with debt. "Trend was wrong which needed to be stopped and now we have done it in many villages of Kinnaur," she said. Kinnaur Mahila Kalyan Parishad has 200 mahila mandals as its members.

Ratan Manjari said for 5-6 years, they have mobilized support of women in Kinnaur district to tell them how use of English liquor and beer during marriages is resulting in waste of money besides creating divide among rich and poor. "Today, we have succeeded in banning English liquor in social functions, especially in Kalpa, Sangla, Lippa and other areas of district," she said.

To ensure that people obey the decision, a provision of imposing fine has been made by women amicably. "We have decided to impose penalty of Rs 5,000 on people serving the English liquor and those consuming it," Manjari said. She said still a lot more is required to be done.

In Lahaul-Spiti district, Udaipur village is setting an example for others by observing complete ban on English liquor and beer during social gathering for last three years. "During marriages and other functions only locally made liquor is served. Those defying ban are punished by mahila mandal members," said Hemvati, Mahila Mandal member of Udaipur.

Hemvati said if a family in the village found serving English liquor and Beer despite ban, then Rs 10,000 fine is imposed, but if same offence is committed second time then the family is boycotted socially.

"Such decisions are in larger interest of society as seeing rich people serving liquor even poor were following the trend after borrowing money. In one wedding, people were usually spending Rs 50,000 to 1 lakh only on liquor, but now with ban enforced in many villages show of wealth has been curbed in the interest of poor," said Rigzin Samphel Hayerpa, Zila Parishad member from Kolang in Lahaul-Spiti.

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Space Pictures This Week: Lunar Gravity, Venusian Volcano

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  Cassiopeia’s Bubble

  Image courtesy T.A. Rector, UAA/WIYN/NOAO/NSF

  A new camera called the One Degree Imager, located at Kitt Peak National Observatory in Arizona, is responsible for this enticingly crisp image of the Bubble Nebula. Released on December 4, this closeup highlights the sphere of gas blown out by the nebula's central star, which is 45 times larger than our own sun.

  Located in the constellation Cassiopeia, the Bubble Nebula is ten light-years across. Intense radiation from the massive star causes the otherworldly glow that lights up what looks like a celestial soap bubble.

  (Related: "Amazing Hubble Images.")

  Published December 6, 2012

  
  











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  Midnight Light

  Photograph by Frank Olsen, My Shot

  Delicate green auroras light up the water at Buksnesfjord, Norway, in a picture taken just after midnight on December 4.

  (See pictures of auroras sparked by a massive solar flare.)

  Published December 6, 2012

  
  











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  Great Escape

  Image courtesy SDO/NASA

  Sheets of plasma—or superheated gas—break off from the surface of the sun in this image taken in extreme ultraviolet light. Before floating free, the plasma rose up and danced along pathways determined by magnetic fields. These unseen forces pushed and pulled the gas into contorted shapes.

  (Learn about the sun.)

  Published December 6, 2012

  
  











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  New Look

  Image courtesy NASA

  What looks like a jawbreaker is actually a gravity map of the moon. Red areas indicate places with higher gravity fields while blue areas indicate lower gravity fields.

  (Learn about lunar exploration.)

  Twin probes circling the moon—part of NASA's GRAIL mission—since 2011 have been recording changes in gravity as they fly over peaks and valleys on the lunar surface. As one probe flies over an area with a greater gravity field, the washing-machine-size instrument speeds up slightly, increasing the distance between it and its sister probe. These minute changes in position have enabled scientists to construct this very detailed view of local changes in the moon's gravity.

  (How well do you know your moon myths? Take our quiz.)

  Published December 6, 2012

  
  











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  Grainy Picture

  Illustration courtesy L. Calçada, ESO/NAOJ/NRAO
  

  In this artist's conception of fine-grained particles around a brown dwarf—or a failed star—bits of debris are on their way to becoming a rocky planet.

  Current thinking on Earthlike, rocky planet formation says that random collisions between tiny debris occur in the disc of material surrounding newborn stars. But the recent discovery of such a disc surrounding a brown dwarf has some astronomers rethinking that hypothesis. If planets can form from the debris around these failed stars, then rocky planets may be much more common than previously thought.

  (Related: "Coldest Star Found-No Hotter Than Fresh Coffee.")

  Published December 6, 2012

  
  











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  Night Vision

  Image courtesy Jesse Allen and Robert Simmon, Suomi NPP/NASA

  The Suomi NPP satellite captured this nighttime image of the aurora australis over the Antarctic coast south of South Africa. Despite the winter darkness and a waning crescent moon, the auroras produced enough light for sensors on board the new NASA and National Oceanic and Atmospheric Administration satellite to capture the boundary between the ice shelf and what some scientists call the Southern, or Antarctic, Ocean (dark line across the bright center swirl).

  Launched last year, Suomi NPP enables scientists to capture nighttime images of the Earth's atmosphere and surface. The new sensor is so sensitive, it can capture the lights from one ship at sea.

  (Learn about Antarctica.)

  Published December 6, 2012

  
  











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  Pearl Islands

  Image courtesy Michael Taylor, Landsat/NASA

  In NASA's Landsat 5 satellite image, the Mergui Archipelago shows off the vibrant greens of its rain forests and the brilliant blues of the surrounding tropical ocean. Located along the southern border of Myanmar (Burma), next to Thailand, the area is known for valuable pearl oysters (Pinctada maxima) and a highly diverse concentration of plants and animals.

  (See photos of Myanmar.)

  Published December 6, 2012

  
  











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  Venusian Volcano

  Illustration courtesy AOES Medialab/ESO

  The Venusian atmosphere is made mostly of carbon dioxide, along with periodic spikes in sulfur. Recent research has found that volcanoes on the planet's surface, seen here in an artist's conception, are likely injecting that sulfur into the upper atmosphere. Direct confirmation is difficult, however, since Venus's thick atmosphere precludes a peek at its peaks.

  Published December 6, 2012

  
  











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  Image courtesy SSI/ISA/ESA/NASA

  Published December 6, 2012

  
  

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Not 'Wild West': Talking Cyber Ops at Iran's Backdoor

Robert Clark, the operational attorney for U.S. Cyber Command, stood in a grand ballroom with gold flaked ceilings and sparkling chandeliers to address an audience that included men in flowing white robes and veiled women and tried to hammer home a single point: cyber warfare is not the "Wild West."

Clark, who emphasized that he was speaking only in a personal capacity and not on behalf of the U.S. government, wanted to assure the relatively small gathering in the United Arab Emirates that in an age where a new "revolutionary" cyber weapon like Stuxnet is discovered every few months -- usually on computers in Iran, just across the Arabian Gulf -- legal considerations are taken into account before cyber attacks are launched.

"Articles that talk about cyber warfare and [say] that rules of engagement aren't evolving as fast as [the cyber attacks], it's just not true," Clark said. "We have the law of armed conflict applying to any type conflict and it applies to cyberspace operations also... It's just not the Wild West out there."

For most of his presentation, Clark spoke in generalities about the legal aspects of American cyber capabilities because despite the months-old admission from his boss, U.S. Cyber Command chief Gen. Keith Alexander, that the military is developing a "pro-active, agile cyber force," and the oft-cited New York Times report on America's role in developing Stuxnet, the devastating cyber weapon that hit an Iranian nuclear facility in late 2009, no current American officials have gone on record claiming responsibility for an offensive cyber attack.

However, emboldened by a government colleague's praise of Stuxnet earlier this year, Clark couldn't resist using it as a hypothetical example.

He said that before a weapon like Stuxnet would be launched, the same legal criteria would be considered as if it were a physical military attack. Is there an imminent threat from the target? Does it absolutely have to be taken out? Will the attack cause casualties or collateral damage that could and should be avoided?

Answering his own question about casualties, Clark echoed comments from colleague Air Force Col. Gary Brown when he noted the impressive restraint of the worm. Though Stuxnet was discovered on thousands of computers around the world in 2010, cyber researchers quickly realized that it was something of a smart bomb. It would spread harmlessly from computer to computer until it found itself on the exact system configuration -- a control system at an Iranian nuclear facility -- it was meant to target.

"Stuxnet," Clark said, "was a very discriminant weapon."

After Stuxnet was discovered and analyzed, Richard Clarke, a former White House counter-terrorism adviser and current ABC News consultant, said he thought that Stuxnet showed such care to limit collateral damage that it must have been developed with healthy input from anxious lawyers.

Robert Clark's presentation Wednesday was one of the first talks at the Black Hat security conference held at the opulent Emirate Palace Hotel in Abu Dhabi and though most of the presentations were highly technical, Clark wasn't the first and or the last to talk about the cyber struggle over Iran.

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Rubio, Ryan look to the future during award dinner speeches

Two high-profile Republican members of Congress who stand at the forefront of the effort to rebuild the party after a stinging presidential defeat delivered speeches Tuesday night aimed at turning the page with a fresh emphasis on inclusion and a renewed focus on growing the middle class.

“Nothing represents how special America is more than our middle class. And our challenge and our opportunity now is to create the conditions that allow it not just to survive, but to grow,” said Sen. Marco Rubio (Fla.), the Leadership Award recipient at a dinner hosted by the Jack Kemp Foundation, a charitable nonprofit organization named for the late congressman and Housing and Urban Development secretary.

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Critics give epic 'Hobbit' middle marks

NEW YORK: Peter Jackson's "The Hobbit: An Unexpected Journey" opens in the US this month and critics say the movie, much like the epic journey it depicts, is adventurous - but an uphill slog.

The fantasy about a Hobbit called Bilbo Baggins, Gandalf the good wizard, 13 raucous dwarves, and a host of evil forces, takes viewers back to the lavishly filmed Middle-earth world that won Oscars and rave reviews in Jackson's previous "Lord of the Rings" trilogy.

But reviews from journalists, who got to see the nearly three-hour movie ahead of its December 14 US premiere, were also somewhere in the middle.

Jackson's technical wizardry, using 3D and 48 frames a second, rather than the ordinary 24 frames, got gasps of admiration, mixed with yawns about overkill.

And while the New Zealand-born director scored high marks for the faithfulness of the adaption from J.R.R. Tolkien's book, there was incredulity - and some cynicism - about the decision to split the relatively slender "Hobbit" into three enormous movies.

"In Jackson's academically fastidious telling, however, it's as if 'The Wizard of Oz' had taken nearly an hour just to get out of Kansas," The Hollywood Reporter said in a bruising review.

"There are elements in this new film that are as spectacular as much of the Rings trilogy was, but there is much that is flat-footed and tedious as well."

Variety's critic took aim at the overwhelming detail poured into 48-frames-a-second pictures.

"Everything takes on an overblown, artificial quality in which the phoniness of the sets and costumes becomes obvious, while well-lit areas bleed into their surroundings, like watching a high-end home movie," Variety said.

"The Hobbit", which was screened for journalists in New York on Tuesday, is a prequel to the darker "Lord of the Rings," introducing the main characters and plot lines that reappear through the entire saga. The cursed golden ring also makes its first appearance.

There are bravura battle scenes, choreographed hordes of Goblins, fantastical caves, and James Bond-style narrow escapes from death for Martin Freeman's Bilbo Baggins and his dwarf friends. As in the three "Rings" movies, the natural settings of New Zealand are breath-taking.

But with so many strange beings attacking each other with swords, and so many arrows, rocks and bodies flying in 3D at the audience, the few intimately staged scenes focusing on just a couple characters can come as a relief.

When the action cut suddenly from the latest mass sword fight to a silent cave inhabited by Andy Serkis' creepy character Gollum, journalists at Tuesday's press screening broke out in a rare smattering of applause.

Jackson defended the decision to stretch the book to three movies, in contrast to the "Rings" trilogy, which was based on three books.

He told reporters Wednesday in New York that in Tolkien's often "breathless" text, "very major events are covered in two or three pages," and that transferring the action to film required a more sumptuous treatment.

Screenwriter and co-producer Philippa Boyens said the different pace responded to the dynamics of working with actors.

"Great actors come to you for the material and if you give them very slight material, you're just not going to get them. We wanted to write for these great actors," she said.

The filmmakers also defended their use of the 48 frames a second. "Fantasy should be as real as possible," Jackson said, "The levels of detail are very important."

The reviews for "The Hobbit" were far from universally negative, and many critics said the three films may well make healthy profits. On the reviews aggregator website Rotten Tomatoes, the rating of fresh versus rotten tomatoes was a high 78 percent Wednesday.

Great British actor Ian McKellen, who reprised his "Rings" role as Gandalf in "The Hobbit", batted down suggestions that the filmmakers were trying to milk the maximum profit out of Tolkien fans.

"Anyone who thinks Peter Jackson would fall for market forces, instead of artistic imperatives, just doesn't know him, doesn't know the body of his work," McKellen told reporters.

The movies will do well because Bilbo Baggins and his travails are a universal story, he said.

"It's about the little guy that we need and may be expendable, who may not come back."

-AFP/fl

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A 2020 Rover Return to Mars?

NASA is so delighted with Curiosity's Mars mission that the agency wants to do it all again in 2020, with the possibility of identifying and storing some rocks for a future sample return to Earth.

The formal announcement, made at the American Geophysical Union's annual fall meeting, represents a triumph for the NASA Mars program, which had fallen on hard times due to steep budget cuts. But NASA associate administrator for science John Grunsfeld said that the agency has the funds to build and operate a second Curiosity-style rover, largely because it has a lot of spare parts and an engineering and science team that knows how to develop a follow-on expedition.

"The new science rover builds off the tremendous success from Curiosity and will have new instruments," Grunsfeld said. Curiosity II is projected to cost $1.5 billion—compared with the $2.5 billion price tag for the rover now on Mars—and will require congressional approval.

While the 2020 rover will have the same one-ton chassis as Curiosity—and could use the same sky crane technology involved in the "seven minutes of terror"—it will have different instruments and, many hope, the capacity to cache a Mars rock for later pickup and delivery to researchers on Earth. Curiosity and the other Mars rovers, satellites, and probes have garnered substantial knowledge about the Red Planet in recent decades, but planetary scientists say no Mars-based investigations can be nearly as instructive as studying a sample in person here on Earth.

(Video: Mars Rover's "Seven Minutes of Terror.")

Return to Sender

That's why "sample return" has topped several comprehensive reviews of what NASA should focus on for the next decade regarding Mars.

"There is absolutely no doubt that this rover has the capability to collect and cache a suite of magnificent samples," said astronomer Steven Squyres, with Cornell University in New York, who led a "decadal survey" of what scientists want to see happen in the field of planetary science in the years ahead. "We have a proven system now for landing a substantial payload on Mars, and that's what we need to enable sample return."

The decision about whether the second rover will be able to collect and "cache" a sample will be up to a "science definition team" that will meet in the years ahead to weigh the pros and cons of focusing the rover's activity on that task.  

As currently imagined, bringing a rock sample back to Earth would require three missions: one to select, pick up, and store the sample; a second to pick it up and fly it into a Mars orbit; and a third to take it from Mars back to Earth.

"A sample return would rely on all the Mars missions before it," said Scott Hubbard, formerly NASA's "Mars Czar," who is now at Stanford University. "Finding the right rocks from the right areas, and then being able to get there, involves science and technology we've learned over the decades."

Renewed Interest

Clearly, Curiosity's success has changed the thinking about Mars exploration, said Hubbard. He was a vocal critic of the Obama Administration's decision earlier this year to cut back on the Mars program as part of agency belt-tightening but now is "delighted" by this renewed initiative.

(Explore an interactive time line of Mars exploration in National Geographic magazine.)

More than 50 million people watched NASA coverage of Curiosity's landing and cheered the rover's success, Hubbard said. If things had turned out differently with Curiosity, "we'd be having a very different conversation about the Mars program now."

(See "Curiosity Landing on Mars Greeted With Whoops and Tears of Jubilation.")

If Congress gives the green light, the 2020 rover would be the only $1 billion-plus "flagship" mission—NASA's largest and most expensive class of projects—in the agency's planetary division in the next decade. There are many other less ambitious projects to other planets, asteroids, moons, and comets in the works, but none are flagships. That has left some planetary scientists not involved with Mars unhappy with NASA's heavy Martian focus.

Future Plans

While the announcement of the 2020 rover mission set the Mars community abuzz, NASA also outlined a series of smaller missions that will precede it. The MAVEN spacecraft, set to launch next year, will study the Martian atmosphere in unprecedented detail; a lander planned for 2018 will study the Red Planet's crust and interior; and NASA will renew its promise to participate in a European life-detection mission in 2018. NASA had signed an agreement in 2009 to partner with the European Space Agency on that mission but had to back out earlier this year because of budget constraints.

NASA said that a request for proposals would go out soon, soliciting ideas about science instruments that might be on the rover. And as for a sample return system, at this stage all that's required is the ability to identify good samples, collect them, and then store them inside the rover.

"They can wait there on Mars for some time as we figure out how to pick them up," Squyres said. "After all, they're rocks."

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Bodies Found in Hunt for Missing Iowa Cousins

Nearly five months after Iowa cousins Lyric Cook and Elizabeth Collins disappeared, the girls' families have been told two bodies were found by hunters in a wooded area, though the identities of the bodies have not been confirmed, authorities said.

Capt. Rick Abben of the Black Hawk County Sheriff's Office said at a press conference this afternoon that the bodies are being transported to the state's medical office in Ankeny, Iowa, for positive identification.

"It's definitely not the outcome that we wanted, obviously," Abben said. "This is a difficult thing for us to go through."

Lyric, 11, and Elizabeth , 9, vanished shortly after noon on July 13 while on a bike ride in the small town of Evansdale, Iowa, triggering a massive search that brought the town to a standstill. The girls' bicycles and a purse were quickly found near Meyers Lake, but there was no sign of the girls.

PHOTOS From ABC News Affiliate KCRG: The Search for Lyric & Elizabeth

Black Hawk County Police/AP Photo

Missing Iowa Girls Seen Riding Bikes on Surveillance Video Watch Video

Missing Iowa Girls: One Mother Takes 2nd Polygraph Watch Video

On the two-month anniversary of the girls' disappearance, local residents held a prayer vigil and authorities urged members of the public to provide any new information that might help them solve the case.

Authorities said the girls left Elizabeth's house in Evansdale around 12:15 p.m., were spotted at approximately 12:23 p.m. at a nearby intersection and then were seen between 12:30 and 1 p.m. on a road by the lake.

During the following week, authorities canvassed the area and drained the town's lake. Lyric's estranged parents, Misty and Dan Morrissey, at one point became the subject of intense police scrutiny because of their criminal pasts and their lack of cooperation.

Over the summer, the families received a boost when Elizabeth Smart, one of the country's most famous kidnapping survivors, offered some words of encouragement. Police found Smart after a nine-month search in Utah a decade ago.

"For as many bad things that we hear about that happen, for as many kidnappings and terrible stories about finding the remains of children, why can't these girls be the exception?" Smart told the Des Moines Register.

Elizabeth's mother, Heather Collins, told ABC News' Alex Perez in July that the wait for the girls to reappear was an agonizing one.

"A day doesn't seem like a normal day," Collins said. "It's just like it doesn't stop. It keeps dragging and dragging. You're just waiting for a time to go up to your room. You're just waiting, waiting, waiting."

"Whoever's out there, we're just begging you to bring our girls back home," she said.

A $50,000 reward had been offered for information that led to the arrest and conviction of the person responsible for the girls' disappearance.

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Kerry balances refocused devotion to Senate, talk of Cabinet nomination

An international treaty promoting the rights of the disabled across the globe failed in the Senate Tuesday, but it gave Sen. John F. Kerry , chairman of the Foreign Relations Committee, a chance to lay out a diplomatic vision that could serve as blueprint if he becomes President Obama’s next secretary of state.

The point of the treaty, Kerry said, was to urge the world to be more the United States.

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