Magistrate Grants Bail for Pistorius

Mike Hutchings/Reuters

Oscar Pistorius in court on Friday.

PRETORIA, South Africa — After four days of combative hearings, a South African magistrate on Friday granted bail for Oscar Pistorius, the double amputee track star accused of murdering his girlfriend in a case that has horrified and fascinated the nation and much of the world.

Magistrate Desmond Nair announced the decision after hearing impassioned final arguments from the defense and the prosecution in Courtroom C of the Pretoria Magistrates Court.

The magistrate said Mr. Pistorius did not represent a flight risk and was not likely to interfere with state witnesses. “The accused has made a case to be released on bail,” he concluded, while the prosecution had not established a case for detaining him. Pistorius family members in the packed courtroom shouted, “Yes!”

Magistrate Nair set bail at 1 million rand, about $112,000, and ordered a series of conditions before the case was adjourned to June 4. Mr. Pistorius was told to relinquish firearms and passports and to avoid his upscale home in a gated community where he shot to death his girlfriend, Reeva Steenkamp, in what he has called an accident and prosecutors have called premeditated murder. The home is now a crime scene.

The unusually tight restrictions on Mr. Pistorius also included a prohibition on making contact with witnesses. The athlete was further told that he could not leave the Pretoria area without official permission and could not use drugs or alcohol while the trial is pending. He was instructed to report to a police station twice a week.

Arnold Pistorius, an uncle who has acted as family spokesman, told reporters: “We are relieved by the fact that Oscar got bail today, but at the same time, we are in mourning for Reeva Steenkamp and her family.”

Before announcing his ruling, the magistrate reprised the four days of conflicting arguments by defense and prosecution lawyers. Mr. Pistorius’s shoulders shook with emotion and tears fell from his eyes as, at one point, Magistrate Nair said, “The deceased died in his arms.”

Magistrate Nair took issue particularly with the testimony and actions of the prosecution’s lead investigator, Detective Warrant Officer Hilton Botha, who has since been removed from the case, saying the officer made “several errors and concessions” and “blundered” in gathering evidence.

“It is his evidence that may have been tarnished by cross-examination, not the state case,” he said. At the same time, the state case was not so “strong and watertight” that Mr. Pistorius “must come to the conclusion that he has to flee.”

In a two-hour summary of the case and of the laws governing bail, the magistrate also read a series of character references from friends of the athlete, who described his relationship with Ms. Steenkamp, a 29-year-old model and law school graduate, as loving and happy.

The prosecution had opposed the sprinter’s application to be released on bail until a full trial, arguing that he might flee. It said Mr. Pistorius, 26, murdered Ms. Steenkamp when he fired four shots through a locked bathroom door at his home on Feb. 14 while she was on the other side.

The sprinter, who underwent double amputation as an infant after being born without fibula bones and uses prostheses, has said he believed that the person in the bathroom was an intruder and he never intended to kill Ms. Steenkamp.

Magistrate Nair said that while the prosecution case rested on “nothing more than circumstantial evidence,” there were “improbabilities that need to be explored” in Mr. Pistorius’s account of events.

“The only person who knows what happened there is the accused,” he said. But, he went on, “I cannot find that it has been established that the accused is a flight risk.”

Ultimately, he said, Mr. Pistorius had helped his case for bail by providing a sworn affidavit to the court setting out his version of events.

Lydia Polgreen reported from Pretoria, and Alan Cowell from London.

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Tyler, Perry lead Songwriters Hall of Fame class

NASHVILLE, Tenn. (AP) — The Songwriters Hall of Fame is saluting 1970s and '80s rock 'n' roll with its 2013 induction class.

Joe Perry and Steven Tyler of Aerosmith and Mick Jones and Lou Gramm of Foreigner will join the hall of fame this year along with the writers of iconic rock hits "Love Is a Battlefield" and "Heartache Tonight." The ceremony will be held June 13 in New York.

Aerosmith and Foreigner will get the attention here, but inductees Holly Knight, JD Souther and Tony Hatch also have distinguished careers that helped define the sound of rock 'n' roll.

Knight wrote anthemic hits "Love Is a Battlefield" and "Invincible" for Pat Benatar and "The Warrior" for Patty Smyth. She also wrote several songs for Tina Turner, including "The Best" and "Better Be Good to Me," that became standards for the star.

Souther, who has a role on the music-inspired television show "Nashville," had a partnership with The Eagles that spawned several hits, including "Heartache Tonight," ''Victim of Love," ''New Kid in Town" and "Best of My Love."

Hatch made his mark during the British invasion, teaming with Petula Clark on hits like "Downtown" and "My Love" that helped shaped the future of pop music.

Perry and Tyler have survived a sometimes contentious relationship to become one of rock's most successful songwriting teams over the last 40 years. The Rock and Roll Hall of Famers, staples of classic rock radio and pop culture icons, are known for hits like "Sweet Emotion," ''Dream On" and "Livin' on the Edge," and released their 15th studio album last year.

Jones and Gramm are contemporaries of Perry and Tyler who also ruled radio for a time, but they sometimes came at it from a different angle. They could lay down a straight-up rocker like "Jukebox Hero" or "Feels Like the First Time." But they also could slow it down with hits like "I Wanna Know What Love Is" and "Cold as Ice" that helped foreshadow the ballad-driven rock of the late '80s.

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Online:

http://songhall.org

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Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott .

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Well: Ask Well: The Nutrients in Fruits and Veggies

The colorful skin of an apple, grape or tomato is certainly chockfull of nutrients. But by no means are the outer layers of most fruits and vegetables the prime source of their nutrition.

Part of what makes some fruits and vegetables so rich with color – wax and pesticides notwithstanding – are pigments in the skin that have healthful antioxidant properties. Resveratrol, for example, is found in the skin of red grapes and other fruits. But lycopene, one of the pigments that gives tomatoes and bell peppers their deep red color, is distributed throughout.

Indeed, many vitamins and nutrients are found in the skin as well as the flesh. Take apples. According to the United States Department of Agriculture, a large red apple with its skin intact contains about 5 grams of fiber, 13 milligrams of calcium, 239 milligrams of potassium, and 10 milligrams of vitamin C. But remove the skin, and it still contains about 3 grams of fiber, 11 milligrams of calcium, 194 milligrams of potassium, and plenty of its vitamin C and other nutrients.

Another example is the sweet potato. The U.S.D.A. says that a 100-gram serving of sweet potato cooked with its skin contains 2 grams of protein, 3 grams of fiber, and 20 milligrams of vitamin C. But the same sized serving of sweet potato without skin that has been boiled — a process that further leaches away some of its nutrients — still boasts 1.4 grams of protein, 2.5 grams of fiber, and 13 milligrams of vitamin C.

You can lose the skin, in other words, without losing all the benefits.

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Room for Debate: Should Companies Tell Us When They Get Hacked?

A National Priority and a Business Priority

Lauren Gelman, BlurryEdge Strategies

Like pollution, an insecure infrastructure is bad for everyone. Disclosing security breaches reintroduces the public's collective interest.

Disclosure Plays Into Hackers’ Hands

Alexander Tabb, partner, research and consulting firm

By requiring companies to disclose security breaches, we would be requiring them to telegraph their weaknesses to the world.

Investors Need to Know

Jacob Olcott, Good Harbor Security Risk Management

It’s not that the events aren’t happening. It’s that you're not being told about them -- despite the S.E.C.'s instructions.

We Need Better Notification Laws

Lee Tien, Electronic Frontier Foundation

Existing laws focus mainly on whether a breach exposed information, not why it happened. Yet the reason can be critical.

More Disclosure Is Not Always Better

Baruch Fischhoff, decision sciences, Carnegie Mellon

People may exaggerate the risk of hacking if they suddenly start hearing about a lot of it. Or they may get used to frequent reports and underestimate the risks.

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Police Replace Pistorius Detective in Embarrassing Setback

PRETORIA, South Africa — The South Africa police replaced the lead investigator in the Oscar Pistorius homicide case on Thursday after embarrassing revelations that he was under investigation himself for seven criminal charges of attempted murder.

The decision by the national police commissioner to remove the investigator, Hilton Botha, was the latest in a series of abrupt twists and setbacks in the prosecution of Mr. Pistorius, the double amputee track star accused of killing his girlfriend. It caused a further delay in the defendant’s hearing on his request to go free on bail in the case that has riveted South Africa and much of the world.

The commissioner, Riah Phiyega, said Mr. Botha would be relieved by Lt. Gen Vinesh Moonoo, whom Ms. Phiyega described as the country’s “top detective,” The Associated Press reported.

The attempted-murder accusations hanging over Mr. Botha only compounded questions about his work on the Pistorius case. Under cross-examination on Wednesday, Mr. Botha was forced to acknowledge sloppy police work and to concede that he could not rule out Mr. Pistorius’s version of events in the shooting death of his girlfriend based on the existing evidence.

“The poor quality of evidence presented by chief investigating officer Botha exposed the disastrous shortcomings in the state’s case,” Mr. Pistorius’s defense lawyer, Barry Roux, said on Thursday.

The courtroom itself became part of the drama on Thursday when the magistrate hearing the case ordered an abrupt and brief suspension because of an unexplained “threat to the court.” The case was later adjourned until Friday.

While the prosecution has accused Mr. Pistorius, 26, of premeditated murder in the killing, Mr. Pistorius has said he opened fire through a locked bathroom door thinking there was an intruder in his home in a gated community and had no intention of killing his girlfriend, Reeva Steenkamp, 29, a model and law-school graduate.

When the bail hearing resumed on Thursday — Mr. Pistorius’s fourth court appearance since the shooting on Feb. 14 — the chief prosecutor, Gerrie Nel, began by acknowledging the attempted murder charges against Mr. Botha, but said prosecutors did not realize that the case had been reinstated when Mr. Botha testified against Mr. Pistorius on Wednesday.

Mr. Nel went on to assail Mr. Pistorius’s defense of his actions in the early hours of Thursday one week ago, when, the athlete has said, he did not realize Ms. Steenkamp was no longer in bed as he rose to investigate the supposed intruder, shouting to her to call the police.

“You want to protect her, but you don’t even look at her. You don’t even ask: Reeva, are you all right?” Mr. Nel said. “His version is so improbable.”

Earlier, the hearing dwelt for some time on the absence of urine from Ms. Steenkamp’s bladder when she died, consistent, the defense said, with the suggestion that she simply went to the toilet rather than fled from Mr. Pistorius after an argument as the prosecution asserts.

Mr. Roux, the defense lawyer, said she may have locked the toilet door after hearing Mr. Pistorius call out that an intruder was in the house.

The case has continued to take a toll on Mr. Pistorius’s global reputation as an emblem of athletic prowess and of triumph over adversity. On Thursday, Nike became the latest corporate sponsor to suspend ties with him. “We believe Oscar Pistorius should be afforded due process, and we will continue to monitor the situation closely,” the company said in a statement on its Web site.

Here in Pretoria, in a development that seemed as bewildering as it was sensational on Thursday, a police brigadier, Neville Malila, said earlier that Detective Botha was set to appear in court in May facing attempted murder charges relating to an episode in October 2011, when Mr. Botha and two other police officers were accused of firing at a minivan carrying seven people.

“Botha and two other policemen allegedly tried to stop a minibus taxi with seven people. They fired shots,” Brigadier Malila said.

South African news reports said the 2011 shooting happened when the officers were pursuing a man accused of killing and dismembering a woman.

Medupe Simasiku, a spokesman for the National Prosecuting Authority, said “the decision to reinstate was taken on Feb. 4, way before the issue of Pistorius” or the shooting death of Ms. Steenkamp “came to light.”

“It’s completely unrelated to this trial,” the spokesman said.

Mr. Botha was quoted in South African news reports as denying claims that he was drunk during the episode in question. He said he and other officers had aimed at the wheels of the minivan without causing injuries and he was convinced that the case had been withdrawn.

The Pistorius case has riveted South Africa and fascinated a wider audience, reflecting Mr. Pistorius’s status as one of the world’s most renowned athletes, whose distinctive carbon-fiber running blades inspired the nickname Blade Runner.

He was born without fibula bones in both legs and underwent amputation before he was one year old. Yet he went on to become a global Paralympic champion and the first Paralympic sprinter to compete against able-bodied runners in the 2012 London Olympics.

The questions surrounding Detective Botha surfaced on Wednesday after he explained how preliminary ballistic evidence supported the prosecution’s assertion that Mr. Pistorius had been wearing prosthetic legs when he shot at a locked bathroom door early on Feb. 14. Ms. Steenkamp wasbehind it at the time.

Mr. Pistorius said in an affidavit read to the court on Tuesday that he had hobbled over from bed on his stumps and had felt extremely vulnerable to a possible intruder as a result.

Lydia Polgreen reported from Pretoria, South Africa, and Alan Cowell from London.

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Well: The Benefits of Exercising Outdoors

While the allure of the gym — climate-controlled, convenient and predictable — is obvious, especially in winter, emerging science suggests there are benefits to exercising outdoors that can’t be replicated on a treadmill, a recumbent bicycle or a track.

You stride differently when running outdoors, for one thing. Generally, studies find, people flex their ankles more when they run outside. They also, at least occasionally, run downhill, a movement that isn’t easily done on a treadmill and that stresses muscles differently than running on flat or uphill terrain. Outdoor exercise tends, too, to be more strenuous than the indoor version. In studies comparing the exertion of running on a treadmill and the exertion of running outside, treadmill runners expended less energy to cover the same distance as those striding across the ground outside, primarily because indoor exercisers face no wind resistance or changes in terrain, no matter how subtle.

The same dynamic has been shown to apply to cycling, where wind drag can result in much greater energy demands during 25 miles of outdoor cycling than the same distance on a stationary bike. That means if you have limited time and want to burn as many calories as possible, you should hit the road instead of the gym.

But there seem to be other, more ineffable advantages to getting outside to work out. In a number of recent studies, volunteers have been asked to go for two walks for the same time or distance — one inside, usually on a treadmill or around a track, the other outdoors. In virtually all of the studies, the volunteers reported enjoying the outside activity more and, on subsequent psychological tests, scored significantly higher on measures of vitality, enthusiasm, pleasure and self-esteem and lower on tension, depression and fatigue after they walked outside.

Of course, those studies were small-scale, short-term — only two walks — and squishy in their scientific parameters, relying heavily on subjective responses. But a study last year of older adults found, objectively, that those who exercised outside exercised longer and more often than those working out indoors. Specifically, the researchers asked men and women 66 or older about their exercise habits and then fitted them all with electronic gadgets that measured their activity levels for a week. The gadgets and the survey showed that the volunteers who exercised outside, usually by walking, were significantly more physically active than those who exercised indoors, completing, on average, about 30 minutes more exercise each week than those who walked or otherwise exercised indoors.

Studies haven’t yet established why, physiologically, exercising outside might improve dispositions or inspire greater commitment to an exercise program. A few small studies have found that people have lower blood levels of cortisol, a hormone related to stress, after exerting themselves outside as compared with inside. There’s speculation, too, that exposure to direct sunlight, known to affect mood, plays a role.

But the take-away seems to be that moving their routines outside could help reluctant or inconsistent exercisers. “If outdoor activity encourages more activity, then it is a good thing,” says Jacqueline Kerr, a professor at the University of California, San Diego, who led the study of older adults. After all, “despite the fitness industry boom,” she continues, “we are not seeing changes in national physical activity levels, so gyms are not the answer.”

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Euro Watch: Manufacturers Survey Points to New Downturn in Euro Zone

LONDON — Hopes the euro zone might emerge from recession soon were dealt a blow on Thursday, as surveys showed the downturn in the region’s businesses worsened unexpectedly this month — especially in France.

The data came a day before the European Commission is due to announce interim economic forecasts for the 27-nation bloc, including which countries did not meet E.U. budget deficit targets.

European stock indexes were lower, following sharp declines in Asian benchmarks, and the euro slipped against the dollar. Analysts attributed the declines to nervousness about economic growth, especially following indications Wednesday that the U.S. Federal Reserve is divided on maintaining stimulus measures.

Economists had expected that the Markit Flash Eurozone Services PMI, a business survey and one of the earliest monthly indicators of economic activity, would add to tentative signs that a recovery is in the offing.

But the indicator fell in February to 47.3 from 48.6, marking a year below the 50 threshold for growth and confounding expectations for a rise to 49.0 from more than 30 analysts polled by Reuters, none of whom forecast such a poor reading.

Markit said the schism between Germany and France — the two biggest economies in the euro zone — was now at its widest since the survey started in 1998.

While companies in Germany sustained a healthy rate of growth, French services companies are in the midst of their worst slump since early 2009, when the financial crisis and subsequent recession were doing their worst.

“If it wasn’t for Germany, these would be really dire readings,” said Chris Williamson, chief economist at Markit. “At least the German economy is still helping to keep the euro zone afloat in some respects.”

He said the latest survey pointed to the euro zone economy shrinking 0.2 percent to 0.3 percent in the first quarter, following an estimated 0.4 percent contraction at the end of last year.

A Reuters poll of economists last week suggested the economy would merely stagnate this quarter.

By far the most worrying aspect of the data released Thursday was the dismal performance of French companies.

Mr. Williamson said the data for France were more befitting a struggling “peripheral” euro zone economy like Spain or Italy, rather than the “core” status that France traditionally shares with Germany.

By contrast, Germany has enjoyed a good start to the year. German investor morale soared to its highest level in nearly three years this month, according to the ZEW research institute, while the federal statistics office said on Tuesday that employment hit its highest level in the fourth quarter since reunification.

Still, there are limits to what German prosperity can do for the rest of the region, blighted by harsh budget austerity and rising joblessness.

The latest Markit survey suggests that the “positive contagion” noted by the European Central Bank president, Mario Draghi, in January may be more in hope than expectation.

New orders at euro zone service sector companies — which include banks, information technology companies, hotels and restaurants — declined at a faster rate this month, with the index sinking sharply to 46.0 from 48.4 in January.

The survey also dashed optimism that the slump in euro zone factories would ease further in February, as the manufacturing index barely moved, to 47.8 from 47.9 in January.

Output fell at a faster rate, although new export orders brought at least a glimmer of hope, as the index rose to 51.7 in February from 49.5 - its first above-50 reading since June 2006.

The composite index, which combines both the services and manufacturing surveys, fell to 47.3 in February from 48.6 in January.

Companies cut more jobs, although not as quickly as in January, when layoffs rose at the fastest pace in more than three years.

In afternoon trading in Europe the Euro Stoxx 50, a barometer of euro zone blue chips, was down 1.75 percent. National benchmarks were down by more than 1 percent, with the MIB in Milan down 2.42 percent.

In Asia, the Nikkei 225-stock index closed down 1.39 percent, and the Hang Seng index in Hong Kong fell 1.72 percent.

The euro was at $1.3207, down from $1.3340 late Wednesday in New York.

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In Montana’s Kalispell, Guns Are a Matter of Life

Making Guns in Montana:
Kalispell, Mont., has become the center of a growing firearms industry, particularly for high-end rifles and industrial rifle parts.

BIGFORK, Mont. — Jerry Fisher’s big and careful arms cradled a polished cutout of English walnut, which was aging in his workroom like a fine wine. The slight tapering along one edge gave a ghostly hint of its future as the stock of a handmade hunting rifle.

His eyebrows lifted as he explained the properties of this piece of walnut. “This wood will assume the moisture content of the atmosphere you store it in,” he said. “It takes five or six years to dry it.”

Mr. Fisher, 82, is a gunsmith whose exquisite firearms, decorated with designs by fine artists, have attracted customers from around the world. He built on the work of older gunsmiths here, just as younger ones hope to learn from him. He epitomizes the values of the Flathead Valley of northwestern Montana, where people grow up with, relax with and live around guns.

Since the 19th century, hunting has been a pastime in the forests that climb up the tiara of rocky peaks around Flathead Lake. Members of the growing group of high-end gunsmiths say it is the mountains, the air and the game that draw them, not the presence of other artisans. But the area’s reputation for this kind of gunsmithing has also made it a growing destination for more prosaic manufacturing of gun parts and guns — including high-end semiautomatic rifles and military weapons.

In Kalispell, the Flathead County seat, 250 people earn a living making guns or gun parts, a tenfold increase since 2005. That growth helped mitigate the effects of the recession, which was a body blow to construction, a major local employer. Another longtime industry, logging, has also withered.

Clint Walker’s company, New Evolution Military Ordnance, became one of the newest entrants in the business within the last couple of years, joining a roster of companies that included Montana Rifle, McGowen Precision Barrels and SI Defense.

Mr. Walker, who had been an editor of trade magazines covering video equipment, said Montana Rifle was “doing literally tens of thousands of barrels” for large gunmaking companies back East. “They have to slow down and stop what they are doing to help us out,” he said. “And they’ve done that. They said: ‘You guys are local. You’re family.'”

“That is a large part of the success of this area,” Mr. Walker added.

To provide trained hands for companies like these, Flathead Valley Community College started a course in gunsmithing last summer. Students learn everything from hollowing out a barrel to checkering a stock – carving fine crosshatched indentations behind the trigger both for decoration and to create a solid grip.

Jane A. Karas, a former New Yorker who is the school’s president, said the program “focuses on craftsmanship that maintains the historic values” of the area. Her colleague Susan Burch, who worked with a transplanted Oklahoma gunsmith, Brandon Miller, to teach the course, added, “You’re looking at the intersection of art and the outdoors.”

Homicides with guns are relatively rare in the area. There have been six murders in Kalispell (population 20,000) in the past 12 years, said Roger Nasset, the local police chief. His officers are never surprised to find a gun inside a car they stop for a traffic violation – and seldom bother to discuss it, much less confiscate it. Montana’s laws on gun possession are among the least restrictive in the nation.

Guns are not permitted in schoolrooms, but have been used to raise money for them. Last fall, the Stillwater Christian School earned more than $20,000 when its parent-teacher organization held a raffle for a locally made semiautomatic AR-15 assault rifle donated by Mr. Walker, a parent of two young students there.

“When we did the fund-raiser, it didn’t cross my mind, ‘Wow, we’re donating an assault rifle to a school for a fund-raiser,'” he said. It was just, ‘This is one of the No. 1-selling rifles in America.'”

Butch Hurlbert, whose daughter and teenage granddaughter were murdered with a gun near Kalispell on Christmas Day in 2010, blames the killer — his daughter’s former boyfriend — and the police, not the gun. Having a gun, he said, “is pretty much just a normal thing.”

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Robin Roberts returns to 'Good Morning America'

NEW YORK (AP) — Five months after undergoing a bone marrow transplant, Robin Roberts is back on television in the morning.

Roberts said Wednesday she'd been waiting 174 days "to say this, good morning America."

The morning-show host is recovering from MDS, a blood and bone marrow disease. She looked thin with close-cropped hair but was smiling broadly, back at work on "Good Morning America" at ABC's studio in New York.

Roberts was welcomed back in a taped message from President Barack Obama and his wife, Michelle, former ESPN colleagues and Magic Johnson.

ABC announced Roberts will interview the first lady later this week, to be shown next Tuesday.

ABC News President Ben Sherwood came into the studio to give fist bumps to the anchors at the 7:25 a.m. EST break. He said Roberts' health will be closely monitored to make sure she doesn't overdo it at the beginning.

"This was up to Robin, her doctors and God," Sherwood said. "It's a day that we all rejoice."

ABC didn't miss a beat with her absence, continuing in first place in the ratings after first overcoming NBC's "Today" show last spring. Sherwood said the success with Roberts' absence surprised him.

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Ask an Expert: Questions About Hearing Loss? A Help Desk

This week’s Ask the Expert features Neil J. DiSarno, who will answer questions about hearing loss. Dr. DiSarno is the chief staff officer for audiology at the American Speech-Language-Hearing Association. From 1998 to 2012 he was chairman of the department of communication sciences and disorders at Missouri State University. Following are the types of questions that Dr. DiSarno is prepared to answer.

Neil J. DiSarno of the American Speech-Language-Hearing Association.

¶My wife has told me she believes I’m not hearing as well as I used to. What sort of specialist should I see and what can I expect?

¶I’ve been told that I should consider using hearing aids. If I decide to, how much better am I likely to hear?

¶I’ve noticed that my 2-year-old granddaughter’s speech is not developing properly. Neither her mother or the pediatrician seem to be concerned, but I suspect there is a problem. What do you suggest?

¶I use hearing aids, but still have great difficulty hearing conversation in restaurants and in large group settings. Is this common and is there something more that I can do to improve my ability to function in those settings?

Please leave your questions in the comments section. Answers will be posted on Wednesday, Feb. 27. (Unfortunately, not all questions may be answered.)

Booming: Living Through the Middle Ages offers news and commentary about baby boomers, anchored by Michael Winerip. You can connect with Michael Winerip on Facebook here. You can follow Booming via RSS here or visit nytimes.com/booming and reach us by e-mail at booming@nytimes.com.

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