Colorado gunman 'relaxed' after theatre massacre

CENTENNIAL: The alleged gunman behind the Colorado theatre shooting was relaxed and cooperative when arrested after the massacre which killed 12 people, an officer told a court hearing Monday.

James Holmes, who was wearing body armour and a mask, told police his name and volunteered that there were improvised explosive devices rigged up in his apartment, when detained after the shooting last July in Aurora, Colorado.

Holmes, sporting dark brown hair and a full beard, was led into court in handcuffs at the start of a week-long hearing expected to hear more details about the shooting, which revived America's perennial debate over gun control.

Clad in dark red prison scrubs, Holmes -- who had bright orange hair when he first appeared in court last July -- stared straight ahead and talked to no one in the courtroom, as relatives of the victims looked on.

Aurora policeman Jason Oviatt told the court how he at first thought Holmes was another officer when he arrived with dozens of other police, in response to 911 calls about the midnight shooting at a screening of the new Batman film.

Holmes had his hands on the top of a white car at the back of the building, and as Oviatt approached, he saw he was not a fellow officer.

"As I got closer the man was just standing there, not moving. The overall picture didn't match a police officer as I got closer," said Oviatt, one of two officers who testified at the opening court session.

The 25-year-old offered no resistance when ordered him to put his hands up, he said.

"He was completely compliant ... He was very relaxed, there weren't normal reactions to anything ... He was very detached," he said, adding: "He seemed to be out of it, and disoriented."

Fellow policeman Aaron Blue said Holmes told officers his name, home address, and that he had four weapons. "He volunteered there were no bombs here, but he had improvised explosive devices at his home," he said.

The alleged attack took place on July 20 in an opening midnight screening of the blockbuster Batman movie, "The Dark Knight Rises," at the Century 16 theatre in Aurora.

Witnesses said Holmes threw smoke bomb-type devices before opening fire randomly with weapons including an AR-15 rifle, a 12-gauge shotgun and a .40-caliber pistol.

His one-bedroom apartment was later found to be booby-trapped with an array of home-made explosive devices, which police had to disarm before entering the dwelling.

In the last five months some details have leaked out, including that Holmes was being treated by a psychiatrist at the University of Colorado, where he was a doctoral student in neuroscience until shortly before the shootings.

But much has been kept confidential as part of the pre-trial judicial process, and this week's hearing is expected to reveal a good deal of previously-undisclosed evidence.

Prosecutors will build up their case that the shootings were a premeditated act of mass murder, while Holmes' lawyers may try to pick holes in evidence. It is unclear if they will argue that he is mentally unfit to stand trial.

The Aurora massacre, which also wounded at least 70, revived the perennial US debate over gun control -- an issue re-ignited even more intensely by last month's shooting of 20 young children at a Connecticut elementary school.

Only two days before Monday's hearing a gunman killed three people in Aurora itself, before police shot him dead. He had barricaded himself inside a house with his victims' bodies Saturday, but a woman escaped and raised the alarm.

- AFP/jc

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I gave permission to disclose name: Nirbhaya's father

LUCKNOW: A day after a British newspaper disclosed the name of the Delhi gang-rape victim, her family said they would have no objections to her name being published. Speaking to TOI on phone from Ballia, Nirbhaya's father said, "I have no problem if her name is disclosed. I have given my sanction for her name being made public."

The family had earlier said they would be happy to see more stringent rape laws in the country named after their 23-year-old daughter. On Monday, though, her father told TOI that he also had no objection if her name was put in the public domain before such laws are enacted. "It's fine if her name becomes known to people. She has suffered a lot and fought bravely. Now she can be a role model to others," he said.No written undertaking, however, was forthcoming from the father to any government body, which would make disclosing Nirbhaya's true name by any media house illegal.

The girl's family - her parents and two younger siblings - are in their native village in Ballia, where the Nirbhaya's last rites were performed. The family, her father said, would return to New Delhi on January 22."I have been in touch with the Delhi government. I spoke to Sheila-ji ( Sheila Dikshit) and she assured me that the government will give us all the aid they promised once I return to Delhi. No one from the UP government, though, has made any attempt to reach us," he said.

After the gruesome gang-rape of the 23-year-old was reported on December 16, the UP government, in three separate orders promised financial assistance of Rs 25 lakh to the victim's family. Over a fortnight since, however, any state government official has made no attempt to reach out to the family.

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Organ donations fall in Germany after scandal

BERLIN (AP) — Organ donations have dropped sharply in Germany following a scandal over alleged corruption at several transplant clinics.

The German Foundation for Organ Transplantation says the number of organs donated fell almost 13 percent to 3,917 last year, the lowest figure in a decade.

Several German clinics are being investigated over allegations that doctors manipulated waiting lists to help some patients appear sicker than they were and so receive transplants sooner.

The foundation said Monday that the scandal had "massively shaken" the public's faith in the transplant system.

Some 12,000 people in Germany require organ transplants each year.

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Accused Shooter Was 'Relaxed' After Massacre

Accused movie theater gunman James Holmes was "relaxed" and "detached" when police confronted him just moments after he had allegedly killed 12 people and wounded dozens more in the Aurora, Colo., massacre, a police officer testified today.

A preliminary hearing for Holmes began today in Colorado, with victims and families present. One family member likened attending the hearing to having to "face the devil."

The first two witnesses to take the stand were Aurora police officers who responded to the theater and spotted Holmes standing by his car at the rear of the theater.

Officer Jason Oviatt said he first thought Holmes was a cop because he was wearing a gas mask and helmet, but as he got closer realized he was not an officer and held Holmes at gunpoint.

Holmes allegedly opened fire at the crowded movie theater during a midnight showing of "The Dark Knight Rises" on July 20, 2012. In addition to wearing the body armor and gas mask, Holmes had dyed his hair red.

Click here for full coverage of the Aurora movie theater shooting.

Throughout the search and arrest, Holes was extremely compliant, the officer said.

"He was very, very relaxed," Oviatt said. "These were not normal reactions to anything. He seemed very detached from it all."

Oviatt said Holmes had extremely dilated pupils and smelled badly when he was arrested.

Arapahoe County Sheriff/AP Photo

Aurora, Colorado Gunman: Neuroscience PhD Student Watch Video

Officer Aaron Blue testified that Holmes volunteered that he had four guns and that there were "improvised explosive devices" in his apartment and that they would go off if the police triggered them.

Holmes was dressed for the court hearing in a red jumpsuit and has brown hair and a full beard. He did not show any reaction when the officers pointed him out in the courtroom.

This is the most important court hearing in the case so far, essentially a mini-trial as prosecutors present witness testimony and evidence—some never before heard—to outline their case against the former neuroscience student.

The hearing at the Arapahoe County District Court in Centennial, Colo., could last all week. At the end, Judge William Sylvester will decide whether the case will go to trial.

Prosecutors say they will present potentially gruesome photos and videos in addition to 911 calls from the night of the shooting that left 12 people dead and 58 wounded. They will aim to convince the judge that there is enough evidence against Holmes to proceed to a trial.

It is expected that the prosecution's witnesses will include the Aurora police lead detective, first responders, the coroner and a computer forensic specialist.

In an unusual move, defense attorneys may call two witnesses. Last week, the judge ruled that Holmes can call the witnesses to testify on his "mental state," but it is not clear who the witnesses are.

A court-imposed gag order days after the shooting has kept many of the details under wraps, so much of the information could be new to the public.

Hundreds of family members and victims are expected to attend the hearing.

Holmes has been charged with 166 counts of murder, attempted murder, possession of explosives and crime of violence. The district attorney has not decided whether to seek the death penalty, and Holmes' defense team believes Holmes is mentally ill. He has not entered a plea.

One of the attendees will be MaryEllen Hanson, whose great-niece Veronica Moser Sullivan, 6, was killed in the shooting. Veronica's mother Ashley was shot and is now a quadriplegic and suffered a miscarriage.

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Assad "peace plan" greeted with scorn by foes

BEIRUT (Reuters) - Syrian President Bashar al-Assad rejected peace talks with his enemies on Sunday in a defiant speech that his opponents described as a renewed declaration of war.

Although the speech was billed as the unveiling of a new peace plan, Assad offered no concessions and even appeared to harden many of his positions. He rallied Syrians for "a war to defend the nation" and disparaged the prospect of negotiations.

"We do not reject political dialogue ... but with whom should we hold a dialogue? With extremists who don't believe in any language but killing and terrorism?" Assad asked supporters who packed Damascus Opera House for his first speech since June.

"Should we speak to gangs recruited abroad that follow the orders of foreigners? Should we have official dialogue with a puppet made by the West, which has scripted its lines?"

It was his first public speech to an audience in six months. Since the last, rebels have reached the capital's outskirts.

George Sabra, vice president of the opposition National Coalition, told Reuters the peace plan Assad put at the heart of his speech did "not even deserve to be called an initiative":

"We should see it rather as a declaration that he will continue his war against the Syrian people," he said.

"The appropriate response is to continue to resist this unacceptable regime and for the Free Syrian Army to continue its work in liberating Syria until every inch of land is free."

The speech was seen by many as a response to U.N. mediator Lakhdar Brahimi, who has been meeting U.S. and Russian officials to try to narrow differences between Washington and Moscow over a peace plan. Brahimi also met Assad in Syria late last month.

"Lakhdar Brahimi must feel foolish after that Assad speech, where his diplomacy is dismissed as intolerable intervention," said Rana Kabbani, a Syrian analyst who supports the opposition.

The United States, European Union, Turkey and most Arab states have called on Assad to quit. Russia, which sells arms to and leases a naval base from Syria, says it backs a transition of power but that Assad's departure should not be a precondition for any talks.

REPETITIONS

Assad's foreign foes were scornful and dismissive of the speech: "His remarks are just repetitions of what he's said all along," said Turkish Foreign Minister Ahmet Davutoglu.

"It seems he's locked himself up in a room and only reads the intelligence reports presented to him."

British Foreign Secretary William Hague said "empty promises of reform fool no one". In a Twitter message, he added: "Death, violence and oppression engulfing Syria are of his own making."

EU foreign affairs chief Catherine Ashton said Brussels would "look carefully if there is anything new in the speech, but we maintain our position that Assad has to step aside and allow for a political transition".

The 47-year-old Assad, tall and mustachioed, in a business suit and tie, spoke confidently for about an hour before a crowd of cheering loyalists, who occasionally interrupted him to shout and applaud, at one point raising their fists and chanting: "With blood and soul we sacrifice for you, oh Bashar!"

At the end of the speech, supporters rushed to the stage, mobbing him and shouting: "God, Syria and Bashar is enough!" as a smiling president waved and was escorted from the hall past a backdrop showing a Syrian flag made of pictures of people whom state television described as "martyrs" of the conflict so far.

"We are now in a state of war in every sense of the word," Assad said in the speech, broadcast on Syrian state television. "This war targets Syria using a handful of Syrians and many foreigners. Thus, this is a war to defend the nation."

Independent media are largely barred from Damascus.

Giving the speech in the opera house, in a part of central Damascus that has been hit by rebel attacks, could be intended as a show of strength by a leader whose public appearances have grown rarer as the rebellion has gathered force.

Critics saw irony in the venue: "Assad speech appropriately made in Opera House!" tweeted Rami Khouri, a commentator for Lebanon's Daily Star newspaper. "It was operatic in its other-worldly fantasy, unrelated to realities outside the building."

DEATHS

The United Nations says 60,000 people have been killed in the civil war, the longest and bloodiest of the conflicts to emerge in two years of revolts in Arab states.

Rebels now control much of the north and east of the country, a crescent of suburbs on the outskirts of the capital and the main border crossings with Turkey in the north.

But Assad's forces are still firmly in control of most of the densely populated southwest, the main north-south highway and the Mediterranean coast. The army also holds military bases throughout the country from which its helicopters and jets can strike rebel-held areas with impunity, making it impossible for the insurgents to consolidate their grip on territory they hold.

Assad, an eye doctor, has ruled since 2000, succeeding his late father Hafez, who had seized power in a 1970 coup.

The rebels are drawn mainly from Syria's Sunni Muslim majority, while Assad, a member of the Alawite sect related to Shi'ite Islam, is supported by some members of religious minorities who fear retribution if he falls.

The conflict has heightened confrontation in the Middle East between Shi'ite Iran and Sunni Arab rulers, particularly those in the Gulf who are allied with the West against Tehran.

The plan unveiled in Sunday's speech could hardly have been better designed to ensure its rejection by the opposition. Among its proposals: rebels would first be expected to halt operations before the army would cease fire, a certain non-starter.

Assad also repeatedly emphasized rebel links to al Qaeda and other Sunni Islamist radicals. Washington has also labeled one of the main rebel groups a terrorist organization and says it is linked to the network founded by Osama bin Laden.

Diplomacy has been largely irrelevant so far in the conflict, with Moscow vetoing U.N. resolutions against Assad.

U.N. mediator Brahimi has been trying to bridge the gap, meeting senior U.S. and Russian officials to discuss his own peace proposal, which does not explicitly mention Assad's fate.

National Coalition spokesman Walid Bunni said Assad's speech appeared timed to prevent a breakthrough in those talks, by taking a position that could not be reconciled with diplomacy.

"The talk by Brahimi and others that there could be a type of political solution being worked out has prompted him to come out and tell the others 'I won't accept a solution'," Bunni said, adding that Assad feared any deal would mean his downfall.

(Additional reporting by Suleiman al-Khalidi in Amman, Gulsen Solaker in Ankara and Tim Castle in London; Writing by Peter Graff; Editing by Alastair Macdonald)

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Football: Ronaldo rescues Madrid on dramatic Casillas day

MADRID: Goalkeeper Iker Casillas came off the bench after just five minutes for 10-man Real Madrid who needed a second half double from Cristiano Ronaldo to beat Real Sociedad 4-3 on Sunday.

The Madrid captain was left out for the second consecutive game but was called upon in the opening minutes following a penalty conceded by his replacement Adan Garrido who was red carded.

Xabi Prieto, who was to grab a hat-trick, scored from the spot-kick to equalise after Karim Benzema had put Madrid ahead after just two minutes with Sami Khedira then restoring the lead for Jose Mourinho's side after 35 minutes.

Prieto struck again before half-time before Ronaldo came to the rescue with a brace after the restart.

Prieto hit his third with 14 minutes to go but Sociedad finished with 10 men also as Daniel Estrada was given a second yellow card.

Madrid are still 13 points behind Barcelona who play Espanyol later in a local derby and where they welcome back coach Tito Vilanova after cancer surgery.

Madrid faced an injury crisis at the back with Pepe, Fabio Coentrao, Marcelo and Raul Albiol all injured and Sergio Ramos suspended but they did have striker Gonzalo Higuain back after two months out and he began on the bench.

They got the perfect start with Khedira finding Benzema in space in the centre of the penalty area and he found the corner with a clinical finish.

But if the Bernabeu crowd were expecting to then see a comfortable victory after such an inconsistent season they were badly mistaken as only three minutes later Adan conceded the penalty for the visitors to draw level.

Adan's poor pass to Ricardo Carvalho went to Carlos Vela who bore down on goal and was upended by the shot-stopper. The referee pointed to the spot and also dismissed Adan which meant Casillas would play after all.

The player nicknamed 'Saint Iker' by Spain fans for his exploits in the recent successes of the national side was unable to make the perfect start as Prieto fired home the penalty.

An edgy looking Casillas moments later played the ball straight to Prieto who hit the side netting and then he came and failed to reach a corner ball crossed in.

Sociedad came into the game on the back of a strong run without a defeat in seven games and Antoine Griezmann went close with a couple of strikes as they played the ball around well in attack.

Madrid went back ahead with Khedira flicking in a shot by Carvalho from the edge of the area but they were never comfortable at the back and Prieto got his second when a Vela strike fell to him and he drove the ball past Casillas.

In first half stoppage time Benzema hit a post with fine effort from the edge of the area and Khedira was unable to direct the rebound goalwards.

After the break the game hit a lull before Ronaldo responded with a double. Benzema hit a ball over the top and he finished clinically and then a couple of minutes later he struck a free-kick into the top corner.

Sociedad didn't give up with Xabi Prieto latching onto a Chory Castro pass before beating Casillas but their hopes of an equaliser were hit by a red card for Estrada.

- AFP/jc

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He raped, killed 6-yr-old; got off death row as ‘juvenile’

NEW DELHI: A woman prosecutor in the Delhi high court has written to the government urging it to approach the Supreme Court against a youth, convicted of raping and killing a six-year-old girl, who escaped the death penalty by using the Juvenile Justice Act.

The youth was handed the death sentence by a trial court after it was proved that he brutally raped and murdered his victim, chopped her body and threw the parts in two public toilets. However, the high court in November last year declared him a juvenile and set aside his conviction.

His case was sent to the Juvenile Justice Board, which is empowered to sentence him to a maximum detention of three years.

Now, additional public prosecutor Richa Kapoor has urged the authorities to move the apex court to settle questions of law which have since also been raised in the Nirbhaya gang-rape case.

She said the SC should be requested to consider if courts are competent to weigh the conduct of the accused and brutality of their crime, and not just go by medical evidence "which is not conclusive and varies according to region, diet, race etc and hence isn't conclusive proof".

Kapoor said if the offence indicates "evil and well-planned design" displaying the "matured skill" of a criminal, then the "so-called child as per medical age" should not be held to be a juvenile. She questioned why an accused who raped and killed a minor should be protected as a juvenile.

After the trial court verdict, the convict had filed an application claiming to be a juvenile. HC then directed an inquiry to be conducted by the trial court to ascertain his age at the time of the crime. While the bone ossification test put the youth's age between 17 and 20 years, HC took further pains and made inquiries from his family.

Since the youth never went to school, the court relied on recollection of his three elder sisters to zero in on the approximate year he was born. The court took into account the statements of his two sisters who said their brother was less than two years old when they got married (in the same year). HC, in its order of November 19 last year, decided to extend the benefit of doubt to the youth favouring the age hinted at by his sisters and the medical report.

In her recommendation, Kapoor asked whether "medical evidence and other attending circumstances would be of any value and assistance while determining the age of a juvenile, if municipal birth certificate/academic records/ certificates are not there or don't conclusively prove the age of the accused?"

"Looking at the facts of the case in hand, the accused certainly doesn't seem to be an innocent minor law breaker. To conclusively hold in view of medical age that the accused had not attained the age of discretion so as to understand the consequences of his heinous act is not free from ambiguity or doubt," the prosecutor said. The crime dates back to August 14, 2007. The trial court had awarded the maximum penalty to the accused.

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Your medical chart could include exercise minutes

CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.

Wait, what?

If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.

Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.

Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.

"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.

He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.

It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.

Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.

Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."

She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.

Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.

She is still overweight but has lost 30 pounds and her blood sugar is normal.

Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."

Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.

A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.

Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.

"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.

NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.

Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.

Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."

Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.

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Online:

Exercise: http://1.usa.gov/b6AkMa

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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GOP Leader McConnell: 'Tax Issue Is Finished'

Jan 6, 2013 10:19am

                                                                                                            (Image Credit: ABC News)

Senate Republican Leader Mitch McConnell. R-Ky., Sunday said he will not accept any new revenue in future deals with congressional Democrats and President Obama.

“The tax issue is finished.  Over. Completed,” McConnell told me on “This Week.” “That’s behind us. Now the question is what are we going to do about the biggest problem confronting our country and that’s our spending addiction.

“We didn’t have this problem because we weren’t taxing enough,” McConnell added.

He blamed Obama and Democrats for waiting to resolve budget issues until the last minute.

Read a transcript of the full interview with Sen. Mitch McConnell HERE.

“Why we end up in these last-minute discussions is beyond me. We need to function,” McConnell said. “I mean, the House of Representatives, for example, passed a budget every year.  They’ve passed appropriation bills.

“The Senate Democratic majority and the president seem to like these last-minute deals.”

McConnell said that the biggest issue facing the country in the next year is the deficit and spending. And he predicted that the issue would occupy the congressional agenda in the first three months of the year, overtaking Obama’s other priorities, including gun control.

“But the biggest problem we have at the moment is spending and debt,” McConnell said. “That’s going to dominate the Congress between now and the end of March.  None of these issues, I think, will have the kind of priority that spending and debt are going to have over the next two or three months.”

On the expected nomination of former Sen. Chuck Hagel, R-Neb., as the secretary of Defense by Obama, McConnell said he would evaluate Hagel’s past statements before determining whether he could support his nomination in the Senate.

“I’m going to take a look at all the things that Chuck has said over the years and review that, and in terms of his qualifications to lead our nation’s military,” McConnell said. “The question we will be answering if he’s the nominee, is do his views make sense for that particular job?  I think he ought to be given a fair hearing, like any other nominee, and he will be.”

McConnell, who in 2008 praised Hagel for his clear voice and stature on foreign policy and national security, now says he will reserve judgment on his possible nomination until after a Senate confirmation hearing.

“I’m going to wait and see how the hearings go and see whether Chuck’s views square with the job he would be nominated to do,” he added.

Like “This Week” on Facebook here. You can also follow the show on Twitter here.

SHOWS: This Week

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Venezuela lawmakers elect Chavez ally as Assembly chief

CARACAS (Reuters) - Venezuelan lawmakers re-elected a staunch ally of Hugo Chavez to head the National Assembly on Saturday, putting him in line to be caretaker president if the socialist leader does not recover from cancer surgery.

By choosing the incumbent, Diosdado Cabello, the "Chavista"-dominated legislature cemented the combative ex-soldier's position as the third most powerful figure in the government, after Chavez and Vice President Nicolas Maduro.

"As a patriot ... I swear to be supremely loyal in everything I do, to defend the fatherland, its institutions, and this beautiful revolution led by our Comandante Hugo Chavez," Cabello said as he took the oath, his hand on the constitution.

He had earlier warned opposition politicians against attempting to use the National Assembly to "conspire" against the people, saying they would be "destroyed" if they tried.

Thousands of the president's red-clad supporters gathered outside parliament hours before the vote, many chanting: "We are all Chavez! Our comandante will be well! He will return!"

If Chavez had to step down, or died, Cabello would take over the running of the country as Assembly president and a new election would be organized within 30 days. Chavez's heir apparent, Maduro, would be the ruling Socialist Party candidate.

Chavez, who was diagnosed with an undisclosed form of cancer in his pelvic area in mid-2011, has not been seen in public nor heard from in more than three weeks.

Officials say the 58-year-old is in delicate condition and has suffered multiple complications since the December 11 surgery, including unexpected bleeding and severe respiratory problems.

Late on Friday, Maduro gave the clearest indication yet that the government was preparing to delay Chavez's inauguration for a new six-year term, which is scheduled for Thursday.

'CHAVEZ IS PRESIDENT'

Maduro said the ceremony was a "formality" and that Chavez could be sworn in by the Supreme Court at a later date.

The opposition says Chavez's absence would be just the latest sign that he is no longer fit to govern, and that new elections should be held in the South American OPEC nation.

Brandishing a copy of the constitution after his win in the Assembly, Cabello slammed opposition leaders for writing a letter to foreign embassies in which they accused the government of employing a "twisted reading" of the charter.

"Get this into your heads: Hugo Chavez was elected president and he will continue to be president beyond January 10. No one should have any doubt ... this is the constitutional route," he said as fellow Socialist Party lawmakers cheered.

The opposition sat stony-faced. One of their legislators had earlier told the session that it was not just the head of state who was ill, "the republic is sick."

Last year, Chavez staged what appeared to be a remarkable comeback from the disease to win re-election in October, despite being weakened by radiation therapy. He returned to Cuba for more treatment within weeks of his victory.

Should the president have to step down after 14 years in office, a new vote would probably pit Maduro, a 50-year-old former bus driver and union leader, against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.

Capriles lost to Chavez in October's presidential election.

"I don't think Maduro would last many rounds in a presidential race. He's not fit for the responsibility they have given him," Capriles said after the vice president's appearance on state television.

Chavez's condition is being watched closely by leftist allies around Latin American who have benefited from his oil-funded generosity, as well as investors attracted by Venezuela's lucrative and widely traded debt.

The country boasts the world's biggest crude reserves. Despite the huge political upheaval Chavez's exit would cause, the oil industry is not likely to be affected much in the short term, with an extension of "Chavismo" keeping projects on track, while a change in parties could usher in more foreign capital.

(Additional reporting by Deisy Buitrago; Editing by Vicki Allen)

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