Benzema, a Real Madrid striker, and Ribery, a Bayern Munich winger, are to be tried on charges of paying Zahia Dehar, a prostitute-turned-fashion muse, for sex in 2008 and 2009, when she was only 16, then 17 years old. Neither footballer showed up in court on Tuesday.

The pair, both players in France's national squad, have been under investigation since 2010 over the affair. They risk up to three years in jail and fines of 45,000 euros ($60,000) if found guilty of soliciting the services of an underage prostitute.

At Tuesday's hearing, Ribery's lawyer asked the Paris court to seize the Constitutional Council to interpret a clause in the penal code that forbids soliciting underage prostitutes. He argued that it was too vague to be used against his client.

The court found his objection serious enough to adjourn the trial until January 20, 2014, allowing time for the issue to be put to a higher court and possibly passed to the supreme court.

In France, paying for sex is not illegal but underage prostitution is, along with pimping.

Ribery and Benzema's lawyers had called for the case to be dropped, saying their clients did not know Dehar was a minor.

According to court documents, the Algerian-born Dehar became a prostitute around 15 or 16 but would tell clients she was 18.

Known for her ample curves and a mane of peroxide blonde hair, the case has won her fame and a new career as a protge of designer Karl Lagerfeld, under whose guidance she has launched a lingerie line. She did not attend Tuesday's hearing.

Ribery's lawyer welcomed the trial's adjournment but Benzema's lawyer said the wait was "painful" for his client.

(Reporting by Marine Pennetier; Writing by Natalie Huet; Editing by Mark Heinrich)

NEW YORK (Reuters Health) - A device that plays a melody in an attempt to slow people's breathing didn't lower the blood pressure of people with diabetes, according to a new study.

"Given the results and the studies available, you can conclude that there is not enough evidence to use this device," said Dr. Gijs Landman, the study's lead author from the Isala Clinics in The Netherlands.

In theory, the device works by measuring the wearer's breathing and playing a melody to reduce the number of breaths they take per minute, which relaxes blood vessels and - in turn - lowers blood pressure.

Past research on the U.S. Food and Drug Administration-approved RESPeRATE device, however, has produced mixed results.

Last year, a review of eight studies that evaluated the device found it lowered the participants' blood pressure, but that benefit disappeared when the researchers excluded studies sponsored by RESPeRATE's maker - InterCure Ltd.

For the new study, Landman and his colleagues recruited 24 adults with diabetes and high blood pressure to use the device for 15 minutes per day over eight weeks.

Another 24 people with diabetes and high blood pressure were also recruited to act as a comparison group by using an identical device without the therapeutic melody.

At the start of the study, all the participants had systolic blood pressure (the top number) of about 151 millimeters of mercury (mm Hg), and their diastolic blood pressure (the bottom number) was about 82 mm Hg.

The American Heart Association recommends that a person's systolic blood pressure should be less than 120 mm Hg, and their diastolic blood pressure should be less than 80 mm Hg.

At the end of the study, the researchers found no significant differences in the participants' blood pressure in either the intervention or comparison group.

What's more, three participants using RESPeRATE didn't complete the study. Two dropped out because of side effects that could have been related to their use of the device, according to the researchers in JAMA Internal Medicine.

InterCure did not respond to a request for comment before deadline. Landman told Reuters Health the company did supply his team with the devices, which cost between $300 and $420.

FEASIBILITY?

Dr. Kamal R. Mahtani, who was not involved with the new study but led last year's analysis, said the new findings back up their earlier findings.

"There is no clear evidence for clinical benefit and this new paper is interesting because it's highlighting a potential harm," said Mahtani, from the Center for Evidence Based Medicine at The University of Oxford in the UK.

He added that he would not recommend the device to his patients and encourages people considering using this device to speak with their doctor first.

Mahtani said the treatment of high blood pressure often depends on a person's risk of heart disease, but could include lifestyle changes or medication.

Landman also told Reuters Health that he would not recommend the device, because - on top of not providing a benefit - it's time-consuming to use.

"You have to listen to the music for 15 minutes every day I don't think it's feasible," he said.

SOURCE: http://bit.ly/17Fu3CG JAMA Internal Medicine, online June 10, 2013.

The votes, which had about the same support last year, reflect sustained concern among a large portion of investors and the general population about the practice, which has unlocked a huge amount of oil and gas resources across North America but led to environmentalist worries about water contamination.

Chevron Chief Executive John Watson told the annual meeting of shareholders that his company's level of disclosure was adequate, as he responded to a request from the fracking proposal's supporter for more quantitative measures of safety.

Fracking involves injecting chemical-laced water and sand to break and prop open shale rock to unleash oil and gas. The industry says it is safe when done properly, and the debate has moved to Chevron's own backyard, California, where it is just heating up.

Chevron said 31 percent of its shareholders supported the fracking proposal, compared with about 30 percent for Exxon. Last year, a proposal for a report on fracking risks had support from 27 percent of Chevron shareholders, while a similar proposal got 30 percent support among Exxon investors.

"Shareholders expect Exxon to lead the industry, but almost across the board Exxon is failing to provide the site specific information that shareholders, regulators, and impacted communities need," said Danielle Fugere, president of As You Sow, an investor advocacy group that filed the Exxon resolution.

Another issue of great concern for environmentalists is Arctic drilling, and rival Royal Dutch Shell Plchas just gone through an accident-prone foray into offshore drilling off Alaska's coast over the past year. Watson said Chevron was still evaluating its opportunities in the Arctic region.

"Most of the concerns are around costs," he said, speaking to reporters after the meeting.

A few dozen shareholders gathered outside Chevron's headquarters in San Ramon, California - just east of San Francisco - with many of them decryling the influence of corporate money in U.S. politics.

In Dallas, before Exxon's meeting started, about half a dozen police guarded its barricaded entrance, but there was only one protester outside who came to voice his support for equal benefits for employees in same-sex marriages.

The New York State Common Retirement fund submitted a proposal asking Exxon to amend its employment policy to explicitly prohibit discrimination based on sexual orientation and gender identity.

New York pension funds own about 14 million Exxon shares with a value of more than $1 billion. The New York proposal, on Exxon's proxy for the 16th year, received the support of about 20 percent of the company's shareholders.

Exxon said in filings with the SEC that its current policies already prohibit any kind of discrimination.

Separately, support for Exxon's executive pay packages eroded this year.

(Reporting by Braden Reddall in San Ramon and Anna Driver in Dallas; Editing by Marguerita Choy)

Contrafund, run by portfolio manager Will Danoff, owned 9.2 million shares of Apple at the end of April, according to the latest monthly update by Boston-based Fidelity. It owned 10.1 million Apple shares at the end of March after Danoff cut his stake by 12 percent during the first quarter.

Contrafund is still the largest active shareholder in Apple. Only a Vanguard Group index fund owns more shares.

Apple shares, which closed at $449.73 on Friday, are off 15 percent this year and are well below their all-time high of $705.07, reached last September.

In recent commentary, Danoff said investors continue to express concern about Apple's decreasing profit margins and increasing competition from device makers including Samsung Electronics Co Ltd.

Danoff, who manages more than $100 billion for Fidelity, began trimming his Apple stake late last year but said he still found the stock to be relatively cheap and he remained upbeat about the company's cash-generation prowess. In January, he wrote that Apple was generating $1 billion of free cash flow per week, according to a Fidelity Viewpoints interview.

(Reporting by Tim McLaughlin; Editing by Jeffrey Benkoe and John Wallace)

If he keeps hitting like this, Brown can be as flashy as he wants.

Brown hit his eighth homer in eight games to back Kyle Kendrick's six-hitter, and the Philadelphia Phillies beat the Miami Marlins 7-2 Monday night.

"I'm not really big on numbers," Brown said. "I watch my at-bats every day, see which ones are good and try to keep improving."

Delmon Young and Erik Kratz also went deep for the Phillies. Brown, the NL player of the month for May, continued his torrid hitting by going 3 for 4. He had 12 homers and 25 RBIs last month, and already has connected twice and driven in six runs in June.

"In the last two or three weeks, he's put a lot of energy in our game," manager Charlie Manuel said.

Kendrick (6-3) retired his last 15 batters and beat the Marlins for the 12th time in 14 decisions. He lowered his ERA to 3.12 with his second complete game of the season and fourth in his career.

The Phillies trailed 2-0 before scoring three in the fifth and chasing Tom Koehler (0-4) with four in the sixth.

Kratz led off the fifth with a shot that barely cleared the wall in left-center. One out later, Kendrick ripped a liner to center and hustled into third with a headfirst dive for his first career triple. Ben Revere's RBI single tied it at 2. Revere was 2 for 21 before the hit.

Revere stole second, advanced to third on a throwing error by Rob Brantly and scored on Cesar Hernandez's RBI groundout that gave the Phillies a 3-2 lead. It was the first career RBI for Hernandez.

Brown extended the lead to 5-2 with a two-run shot in the sixth. He leads the NL with 17 homers, and certainly isn't lacking confidence.

The 25-year-old outfielder is starting to show more swagger with each drive out of the ballpark.

"That's just an inside thing with me and Ryan," Brown said of his celebration with Howard. "I'm not going to get into it."

The lanky left fielder has eight homers, 15 RBIs and has raised his average from .257 to .291 during an eight-game hitting streak.

Ryan Webb replaced Koehler and gave up a long homer to Young. Freddy Galvis tripled and scored on Kendrick's grounder to make it 7-2.

The last-place Marlins were coming off their first sweep of the season, over the New York Mets, and were seeking their first four-game winning streak.

They jumped ahead 2-0 in the third on RBI singles by Derek Dietrich and Marcell Ozuna.

Then, it was all Phillies.

"It was a good game for the first four innings," Marlins manager Mike Redmond said. "Then they put some good at-bats together and we couldn't hold them down."

NOTES: Phillies 3B Michael Young was back after missing five games to tend to his 9-month-old son, who was hospitalized. The boy has been discharged and is doing better. INF Michael Martinez was sent to Triple-A Lehigh Valley to make room for Young. ... Miami CF Chris Coghlan extended his hitting streak to 10 games. ... The Marlins are 10-11 against the Mets and Phillies, 6-31 vs. the rest of the majors. ... Ricky Nolasco (3-6, 3.69 ERA) faces Phillies rookie Jonathan Pettibone (3-1, 3.64) on Tuesday night.

___

Follow Rob Maaddi on Twitter: https://twitter.com/RobMaaddi

Mortgage buyer Freddie Mac said Thursday that the rate on the 30-year loan ticked down to 3.83 percent. That's the lowest since long-term mortgages began in the 1950s. And it's below the previous record rate of 3.84 percent reached last week.

The 15-year mortgage, a popular option for refinancing, dropped to 3.05 percent, also a record. That's down from last week's previous record of 3.07 percent.

Low mortgage rates haven't done much to boost home sales. Rates have been below 4 percent for all but one week since early December. Yet sales of both previously occupied homes and new homes fell in March.

There have been some positive signs in recent months. January and February made up the best winter for sales of previously occupied homes in five years. And builders are laying plans to construct more homes in 2012 than at any other point in past 3 1/2 years. That suggests some see the housing market slowly starting to turn around.

Still, many would-be buyers can't qualify for loans or afford higher down payments required by banks. Home prices in many cities continue to fall. That has made those who can afford to buy uneasy about entering the market. And for those who are willing to brave the troubled market, many have already taken advantage of lower rates mortgage rates have been below 5 percent for more than a year now.

Mortgage rates are lower because they tend to track the yield on the 10-year Treasury note. Slower U.S. job growth and uncertainty about how Europe will resolve its debt crisis have led investors to buy more Treasurys, which are considered safe investments. As demand for Treasurys increases, the yield falls.

To calculate the average rates, Freddie Mac surveys lenders across the country on Monday through Wednesday of each week.

The average rage does not include extra fees, known as points, which most borrowers must pay to get the lowest rates. One point equals 1 percent of the loan amount.

The average fee for 30-year loans was 0.7 last week, down from 0.8 the previous week. The fee on 15-year loans also was 0.7, unchanged from the previous week.

The average on one-year adjustable rate was 2.73 percent last week, down from 2.7 percent the previous week. The fee on one-year adjustable rate mortgages was 0.5, down from 0.6.

The Austrian parachutist known as "Fearless Felix" reached 843.6 mph, according to the official numbers released Monday. That's equivalent to Mach 1.25, or 1.25 times the speed of sound.

His top speed initially was estimated last October at 834 mph, or Mach 1.24.

Either way, he became the first human to break the sound barrier with only his body. He wore a pressurized suit and jumped from a capsule hoisted by a giant helium balloon over New Mexico.

Baumgartner was supersonic for a half-minute "quite remarkable," according to Brian Utley, the official record-keeping official who was present for the Oct. 14 feat. His heart rate remained below 185 beats a minute, and his breathing was fairly steady.

The leap was from an altitude of 127,852 feet. That's 248 feet lower than original estimates.

"He jumped from a little bit lower, but he actually went a little bit faster, which was pretty exciting," said Art Thompson, technical project director for the Red Bull-sponsored project.

"It's fun for us to see reaching Mach speeds and proving out a lot of the safety systems," Thompson said in a phone interview from his aerospace company in Lancaster, Calif.

Thompson said everything pretty much unfolded as anticipated, with no surprises in the final report. The updated records were provided by Utley, official observer for the National Aeronautic Association's contest and records board. Utley was in Roswell, N.M., for Baumgartner's grand finale jump.

In the foreword of the 71-page report, Baumgartner said he never imagined how many people would share in his dream to make a supersonic free fall from so high.

Some 52 million people watched You Tube's live stream of the exploit.

The scientific and engineering experts who helped bring him back alive "broke boundaries in their own fields just as surely as I broke the sound barrier," Baumgartner wrote.

Baumgartner shattered the previous record for a free fall plunge, made by Joe Kittinger, an Air Force officer, in 1960. Kittinger did not quite reach supersonic speed during his jump from 19.5 miles up.

The bank, controlled by Standard Chartered Plc, said total operating expenses increased by about 400 million shillings, driven by higher staff costs and loan-loss provisions.

Basic earnings per share fell to 6.06 shillings from 7.79 shillings a year ago, the bank said, adding that the outlook for the rest of the year was positive.

"We remain confident in the outlook for the business as we expect ... momentum to pick (up) pace, especially as the uncertainties around the elections are now behind us," Chief Executive Richard Etemesi said in a statement.

Optimism about east Africa's biggest economy has risen since the country held a peaceful presidential poll in March, in contrast with the violence-riddled poll of five years ago when more than 1,200 people died.

Standard Chartered Bank of Kenya's net interest income edged up 2 percent to 3.7 billion shillings, while non-interest income fell 9 percent to 1.7 billion shillings, due to the absence of last year's income from the sale of government securities.

NEW YORK (TheWrap.com) - Emmy Award-winning director Adam Bernstein has signed on to direct the premiere hour of FX's first limited series, "Fargo."

The "Breaking Bad" and "Rescue Me" veteran won his Emmy for "30 Rock." He also directed the premiere of "Alpha House," one of five new shows ordered by Amazon on Wednesday.

"Fargo," a 10-episode series inspired by the 1996 Coen brothers film of the same name, will feature a new crime story but retain the original's humor and darkness. Production begins this fall, and the show is expected to debut in spring 2014.

It is written by Noah Hawley ("The Unusuals," "My Generation") and executive-produced by Hawley, Joel and Ethan Coen, and Warren Littlefield. Berstein, who is represented by ICM Partners, will also executive produce the premiere. FX Productions and MGM Television produce.

The film "Fargo" was nominated for seven Academy Awards. The Coens won for Best Original Screenplay and Frances McDormand won for Best Actress. It was named as one of the 100 Greatest American Movies by the American Film Institute.

For Nibali, an Italian with the Astana team, the title cemented his status in an elite group of current riders considered capable of winning Grand Tours, along with Alberto Contador, Chris Froome and Bradley Wiggins.

Nibali took the overall leader's pink jersey after the seventh stage, never gave it up, and padded his lead by winning the final two mountain stages in dominating fashion.

Wearing entirely pink, Nibali was celebrated by fans throughout the mostly ceremonial final stage.

''It was a really unique emotion hearing all the fans cheering for me,'' Nibali said. ''I really enjoyed this stage. It was unbelievable seeing all those people along the road. This victory crowns a life's dream.''

Rigoberto Uran of Colombia finished second overall and Cadel Evans of Australia, the 2011 Tour de France winner, was third, 4:43 and 5:52 behind Nibali, respectively.

It was Cavendish's 15th win in his Giro career and 41st in cycling's three Grand Tours - the Giro, Tour de France and Spanish Vuelta. He has a career total of 102 victories.

The British rider with the Omega Pharma-Quick Step team clocked 5 hours, 30 minutes, 8 seconds over the 128-mile leg from Riese Pio X to Brescia. The stage route was altered slightly due to avoid passing through a few towns where local elections were being held.

Italians Sacha Modolo and Elia Viviani finished second and third in the stage, respectively, with the same time as Cavendish.

The end of the stage was held entirely in Brescia, over a 2.6-mile circuit that was completed seven times. Part of the circuit took riders over cobblestones.

While much of the three-week race was characterized by wet and cold weather, including hard rain and even a snow blizzard in the penultimate stage Saturday, the final leg was held under clear skies.

Cavendish also secured the red points jersey by winning an intermediate sprint with 10 miles to go. It's the first time he has won the points jersey at the Giro, adding it to his jerseys from the 2010 Vuelta and the 2011 Tour.

After Cavendish's sprint, Nibali rode across the finish with his arms raised.

While Nibali is not planning to ride the Tour this year, he could attempt to win the Vuelta in August and September, and perhaps go for the world title in Florence, also in September.

It was his second Grand Tour victory, having also won the 2010 Vuelta. He finished third in last year's Tour behind the Team Sky duo of Wiggins and Froome.

Wiggins began the Giro as one of the pre-race favorites but the British rider withdrew before the 13th stage due to a chest infection. Defending champion Ryder Hesjedal also pulled out at the same stage, citing a ''deteriorating physical condition.''

A 28-year-old from Messina, Sicily, Nibali (prounounced NEE-ba-lee) is nicknamed the ''Shark of the Strait,'' after the Straight of Messina.

Giuseppe Martinelli, Nibali's team director at Astana, has now guided six different riders to a total of seven Grand Tour wins. His other wins came with Marco Pantani (who had two), Stefano Garzelli, Gilberto Simoni, Damiano Cunego and Alberto Contador.

Nibali has twice finished on the Giro podium previously, placing third in 2010 and second in 2011 after Contador was stripped of victory for doping.