Former Lab Technician Denies Faulty DNA Work in Rape Cases

A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.

The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.

“My work?” Ms. Mitchell said. “No, no, no, not my work.”

Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.

So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.

The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.

However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”

She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”

Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.

If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.

Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.

“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.

A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.

Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.

Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.

“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”

The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.

But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”

“Given what’s happened,” he said, “that’s cold comfort.”

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Business Briefing | Retailing: Best Buy Shares Rally on Improved Holiday Sales

The Best Buy Company had better-than-expected holiday sales, setting off a gain of $2, or 16.4 percent, in its stock price, to $14.21 a share on Friday. The holiday quarter accounted for about a third of Best Buy’s revenue last year. The chain said that revenue at stores open at least a year fell 1.4 percent for the nine weeks ended Jan. 5. The company’s performance in the United States was flat. The chief executive, Hubert Joly, said in a statement that the result was better than the last several quarters. A Morningstar analyst, R. J. Hottovy, said the results showed that some of Best Buy’s initiatives, like more employee training and online price matching helped increase sales.

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Restored funding for prescription drug-monitoring program urged

California Atty. Gen. Kamala D. Harris on Thursday called on Gov. Jerry Brown to restore funding to a prescription drug-monitoring program that health experts say is key to combating drug abuse and overdose deaths in the state.

Harris' appeal to restore funding to CURES, as it is known, follows an article in The Times last month that reported that the system, once heralded as an invaluable tool, had been severely undermined by budget cuts and was not being used to its full potential.

The CURES database contains detailed information on prescription narcotics, including the names of patients, the doctors prescribing the drugs and the pharmacies that dispense them. The system was designed to help physicians detect "doctor-shopping" patients who dupe multiple physicians into prescribing drugs such as OxyContin, Vicodin and Xanax.

Harris' request followed Brown's unveiling of a proposed $97.7-billion budget, which projects a surplus — a feat that has been accomplished only one time in the last decade. With California's fiscal condition improving, Harris said it was up to the state to make sure the money was "spent wisely."

"This includes smart investments that benefit Californians, such as restoring funding for the state's prescription drug-monitoring program," she said in a statement.

Brown's office had no comment.

The governor's budget does increase Harris' Department of Justice general fund allocation by 4.5% to $174.3 million, but it does not earmark money for CURES. Harris could seek legislative authority to spend some of her budget on the program.

"We are going to have a discussion on the funding and where the money will come from," said Lynda Gledhill, a spokeswoman for Harris.

CURES is the nation's oldest and largest prescription drug-monitoring program and once served as a model for other states. Today, it has fallen behind similar programs elsewhere. CURES data could be used to monitor physicians whose prescribing puts patients at risk. But it is not.

The U.S. Centers for Disease Control recommends that states use such data to keep tabs on doctors, and at least half a dozen states do so.

As part of spending cuts aimed at maintaining the state's solvency amid a deep recession, Brown gutted the Bureau of Narcotics Enforcement, which ran CURES, in 2011, shortly after Harris succeeded him as attorney general. Harris kept the program alive with about $400,000 in revenue from the Medical Board of California and other licensing boards. But it is down to one employee and has no enforcement capacity.

State officials have estimated it would cost about $2.8 million to make CURES more accessible and easier to use, and $1.6 million more per year to keep it running. However, officials say the program — with little or no additional financial resources — could now be used to identify potentially rogue doctors.

Bob Pack, an Internet entrepreneur, has advocated using CURES more vigorously to track reckless physicians and pharmacies as well as doctor-shopping patients. He became active on the issue after a driver high on painkillers and alcohol struck and killed his two young children in the Bay Area suburb of Danville in 2003.

Pack, who helped design an online portal to give physicians and pharmacists immediate access to CURES, said he was happy to see Harris ask Brown to restore funds for the program.

"But that's only a request," he said. "No one knows if that's really going to happen. Meanwhile, doctors are continuing to over-prescribe and thousands of Californians are dying from prescription drug overdoses. I hope this … has some bite to it."

An aide to Harris said restoring the CURES program is a high priority.

"She's committed to fixing the database and making it as strong as possible," said Travis LeBlanc, special assistant attorney general. "When we have limited resources and in a budget crunch, we need to focus our resources and use it in smart, efficient ways, and [CURES] is one of those," he said.

lisa.girion@latimes.com

scott.glover@latimes.com

Times staff writer Hailey Branson-Potts contributed to this report.

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Warner Bros. Wins Superman Copyright Battle Using Facebook Case As Precedent

Warner Bros. scored a huge victory in the long-running and byzantine legal battle over the copyright to Superman yesterday, thanks to a ruling by 9th Circuit Court of Appeals that cements the studio’s control over the lucrative superhero character. The decision drew, in part, on precedent established in a lawsuit against Facebook by the Winklevoss twins and held that a 2001 agreement between the heirs of Superman co-creator Jerry Siegel and Warner Bros was indeed binding and that a district judge in a 2008 case had “erred” in granting the Siegel heirs partial copyright.

This decision follows a ruling last October that denied any part of the copyright to the heirs of Superman’s other co-creator, Joe Shuster. Shuster and Siegel famously sold their creation to DC Comics for a mere $130 in 1938, long before the character went on to become a multi-billion dollar franchise for the studio, thanks to the success of numerous Hollywood blockbusters, television shows and other merchandise.

The recent ruling on the fate of Superman hinged upon a 2001 agreement between the Siegel heirs and Warner Bros, which the Siegels had claimed was not finalized and therefore not enforceable. In their decision on the case, the 9th Circuit repeatedly cited a lawsuit involving Facebook as precedent, wherein the Winklevoss brothers — who sued the social media site for allegedly stealing their idea  – had similarly claimed that an earlier mediated agreement was non-binding. The court disagreed, and found that under California law, a “term sheet” agreement could be enforceable “even though everyone understood that certain material aspects of the deal would be papered later.”

Jeff Trexler, an attorney and law professor who previously served as a clerk in the 9th Circuit, told Wired that while ”it’s entirely possible that the court would have reached the same outcome without the Facebook ruling… Facebook made it practically inevitable.”

Wired reached out for comment to Warner Bros, who responded:

This is a great day for Superman, for his fans, for DC Entertainment and for Warner Bros. Today’s ruling vindicates DC Comics’ long-held position that it entered into a binding agreement with the Jerry Siegel family in 2001.  The Court’s decision paves the way for the Siegels finally to receive the compensation they negotiated for and which DC has been prepared to pay for over a decade.  We are extremely pleased that Superman’s adventures can continue to be enjoyed across all media platforms worldwide for generations to come.

The decision comes at a fortunate time for the studio, whose new Superman reboot Man of Steel heads to theaters in June. Before the latest ruling, Warner Bros. would have been unable to create new “derivative works” based on Superman’s first appearance in Action Comics #1 — presumably including Superman films — without accounting for the profits to the Siegels as co-owners, complicating plans for a potential Man of Steel sequel and the Justice League movie slated for 2015.

Now, Warner Bros. will likely be able to proceed without further hindrance, ending a nearly 65-year legal battle whose uglier moments included a letter from Siegel’s dying widow (the original model for Lois Lane) accusing the Warner Bros. lawyers of harassment and a still-ongoing lawsuit by Warner Bros. accusing the Siegel’s lawyer Marc Toberoff of misconduct.

In 2011, Jerry Siegel’s daughter Laura Siegel Larson published a letter likening her family’s legal battle with Warner Bros. to a “David versus Goliath struggle” and said that her father had “co-created Superman as the ‘champion of the oppressed… sworn to devote his existence to helping those in need!’ But sadly his dying wish, for his family to regain his rightful share of Superman, has become a cautionary tale for writers and artists everywhere.”

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BRIT Awards hand posthumous nomination to Winehouse

LONDON (Reuters) – Scottish singer Emeli Sande joined folk act Mumford and Sons and indie rockers Alt-J with three BRIT Award nominations apiece on Thursday, but the biggest surprise was a posthumous nod for Amy Winehouse 18 months after she died.

Winehouse was included in the “British female solo” category, in which she was up against Sande, Jessie Ware, Paloma Faith and Bat for Lashes.

She was shortlisted for “Lioness: Hidden Treasures”, an album of unreleased songs and demos dating back to 2002 which hit stores in December, 2011 and topped the British charts.

The “Back to Black” singer’s father Mitch Winehouse said he was “delighted” with what he called the first ever posthumous BRIT nomination, adding in a statement:

“It proves that her music still has an enormous effect on the public now and for the generations to come.”

The other surprise package in a list some critics said largely upheld the BRITs’ reputation for rewarding commercial success over musical originality, veteran rockers the Rolling Stones were nominated for British live act.

The ageing quartet returned to the stage for a short, sellout tour at the end of 2012 in London and the United States to mark 50 years in business.

Despite criticism of high ticket prices, the band won critics and audiences over with hit-laden performances that belied their age.

“We all had such a blast, everyone was at the top of their game & the hometown audiences at The O2 were just fantastic…” lead singer Mick Jagger wrote on Twitter. “It’s great to be nominated … we will see you soon.”

The last time the group was nominated was in 1996 and it is the only act to be nominated in both this year’s awards and at the first BRIT Awards in 1977.

OLYMPIC BOOST

Sande took part in the opening and closing ceremonies at the London Olympics, helping to boost sales of her debut album “Our Version of Events” which sold an estimated 1.4 million copies in Britain last year.

She was nominated for best British female, best British single for “Next to Me” and the coveted Mastercard British album of the year prize. Sande also features on another contender for the single prize, Labrinth’s “Beneath Your Beautiful”.

Among the best album contenders are the other acts who each picked up three nominations – Mumford and Sons, who have enjoyed success both in Britain and the United States, and Alt-J, the former for “Babel” and latter for “An Awesome Wave.”

Alt-J walked away with the prestigious Mercury Prize for the same record in November.

Rounding out the album category are rapper Plan B for “Ill Manors” and Paloma Faith for “Fall to Grace”.

Boyband sensation One Direction received a nomination for best British group, and are up against Alt-J, Mumford and Sons, Muse and The xx.

A new award will be introduced at the ceremony on February 20 at London’s O2 Arena.

The BRITs Global Success Award will go to the British act with the highest international sales during the 2012 calendar year excluding the domestic market.

Confirmed to perform on the night were Muse, Robbie Williams, Sande, Mumford and Sons, Ben Howard and One Direction.

This year’s statuettes were designed by artist Damien Hirst and feature his trademark spots on a white background.

(Reporting by Mike Collett-White; Editing by Jason Webb)

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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says

New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.

City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.

Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.

But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.

In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.

“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.

City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.

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Japan Approves $116 Billion for Urgent Economic Stimulus

TOKYO — The Japanese government approved emergency stimulus spending of more than $100 billion on Friday, part of an aggressive push by Prime Minister Shinzo Abe to kick-start growth in Japan’s long-moribund economy.

Mr. Abe also reiterated pressure on Japan’s central bank to make a firmer commitment to stopping deflation by pumping more money into the economy — a measure the prime minister says is crucial to getting businesses to invest and consumers to spend.

“We will put an end to this shrinking, and aim to build a stronger economy where earnings and incomes can grow,” Mr. Abe told a televised news conference. “For that, the government must first take the initiative to create demand, and boost the entire economy.”

Under the plan, the Japanese government will spend about ¥10.3 trillion, or about $116 billion, on public works and disaster mitigation projects, subsidies for companies that invest in new technology and financial aid to small businesses.

Through these measures the government will seek to raise real economic growth by 2 percentage points and add 600,000 jobs to the economy, Mr. Abe said. The package announced Friday amount to one of the largest spending plans in Japan’s history, he stressed.

By simply talking about stimulus measures, Mr. Abe, who took office late last month, has already driven down the value of the yen, much to the relief of Japanese exporters whose competitiveness benefits from a weaker currency. In response, Tokyo stocks have rallied in recent weeks.

But the government’s promises to spend its way out of economic stagnation also raise concerns over Japan’s public debt, which has already mushroomed to twice the size of its economy and is the largest in the industrialized world.

At the root of Japan’s debt woes was a similar attempt in the 1990s by Mr. Abe’s own Liberal Democratic Party to stimulate economic growth through government spending on extensive public works projects across the country, which did little to bring growth to the wider economy.

Mr. Abe said, however, that the spending this time around would be better focused to bring about growth through investment in innovation. He said the government would also invest in measures that would help mitigate the fall in Japan’s population, by encouraging families to have more children.

“To grow in a sustainable way, we must help create a virtuous cycle where companies actively borrow and invest, and in so doing raise employment and incomes,” Mr. Abe said.

“For that, it is extremely important that we adopt a growth strategy that gives everyone solid hope that the future of the Japanese economy lies in growth.”

To help Japan chart its economic growth, Mr. Abe has assembled two panels of chief executives and academics, including Hiroshi Mikitani, chief executive of a major e-commerce operator and a harsh critic of Japan’s old economic guard, and Heizo Takenaka, a former economy minister and outspoken academic known for his disdain of pork-barrel spending.

Meanwhile, a more aggressive monetary policy designed to beat deflation could fall into place when the Bank of Japan’s board meets on Jan. 20-21 for its monthly review.

Mr. Abe has leaned on Japan’s central bankers – who he has criticized for being too cautious – to commit to an inflation rate of at least 2 percent, which would help convince businesses that Japan will not arbitrarily reverse course on its easy-money policy. For over a decade, Japan’s rate of inflation has been flat or negative, reflecting sluggish personal incomes and corporate profits.

Some at the central bank, still wary of the tremendous asset bubble that loose monetary policy triggered in the late 1980s, have warned of the dangers of stoking inflation. The Bank of Japan governor, Masaaki Shirakawa, has also bristled at the idea of bankrolling public spending by buying up more government bonds.

But with its benchmark interest rate already near zero, the bank has few other options left than to buy up government bonds and other financial assets if it is to inject funds into the economy.

In an interview with the Nikkei business daily published Friday, Mr.

Abe said that he would seek in writing an agreement from the bank to pursue a 2 percent inflation target, though he said the agreement would not set a deadline. He also said the bank should consider policies that would maximize employment.

Mr. Abe said that he hoped to pick as Mr. Shirakawa’s successor someone who shared the government’s position on inflation and employment, according to the interview. The central bank governor’s term runs out in April.

Hajime Takada, chief economist at the Mizuho Research Institute, said in a note to clients Friday that there were still too many unknowns to assess the effectiveness of Mr. Abe’s economic push.

But by setting a clearly pro-business policy agenda, Mr. Abe has started to change the mindset of investors and corporations who had all but given up on growth – and for that, the new prime minister scores high points, Mr. Takada said.

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Irvine City Council overhauls oversight, spending on Great Park

Capping a raucous eight-hour-plus meeting, the Irvine City Council early Wednesday voted to overhaul the oversight and spending on the beleaguered Orange County Great Park while authorizing an audit of the more than $220 million that so far has been spent on the ambitious project.

A newly elected City Council majority voted 3 to 2 to terminate contracts with two firms that had been paid a combined $1.1 million a year for consulting, lobbying, marketing and public relations. One of those firms — Forde & Mollrich public relations — has been paid $12.4 million since county voters approved the Great Park plan in 2002.

"We need to stop talking about building a Great Park and actually start building a Great Park," council member Jeff Lalloway said.

The council, by the same split vote, also changed the composition of the Great Park's board of directors, shedding four non-elected members and handing control to Irvine's five council members.

The actions mark a significant turning point in the decade-long effort to turn the former El Toro Marine base into a 1,447-acre municipal park with man-made canyons, rivers, forests and gardens that planners hoped would rival New York's Central Park.

The city hoped to finish and maintain the park for years to come with $1.4 billion in state redevelopment funds. But that money vanished last year as part of the cutbacks to deal with California's massive budget deficit.

"We've gone through $220 million, but where has it gone?" council member Christina Shea said of the project's initial funding from developers in exchange for the right to build around the site. "The fact of the matter is the money is almost gone. It can't be business as usual."

The council majority said the changes will bring accountability and efficiencies to a project that critics say has been larded with wasteful spending and no-bid contracts. For all that has been spent, only about 200 acres of the park has been developed and half of that is leased to farmers.

But council members Larry Agran and Beth Krom, who have steered the course of the project since its inception, voted against reconfiguring the Great Park's board of directors and canceling the contracts with the two firms.

Krom has called the move a "witch hunt" against her and Agran. Feuding between liberal and conservative factions on the council has long shaped Irvine politics.

"This is a power play," she said. "There's a new sheriff in town."

The council meeting stretched long into the night, with the final vote coming Wednesday at 1:34 a.m. Tensions were high in the packed chambers with cheering, clapping and heckling coming from the crowd.

At one point council member Lalloway lamented that he "couldn't hear himself think."

During public comments, newly elected Orange County Supervisor Todd Spitzer chastised the council for "fighting like schoolchildren." Earlier this week he said that if the Irvine's new council majority can't make progress on the Great Park, he would seek a ballot initiative to have the county take over.

And Spitzer angrily told Agran that his stewardship of the project had been a failure.

"You know what?" he said. "It's their vision now. You're in the minority."

mike.anton@latimes.com

rhea.mahbubani@latimes.com

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Live at CES — Day 5

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“Aladdin” coming to Broadway in overhauled version with new creative team

LOS ANGELES (TheWrap.com) – “Aladdin” is taking those three magical wishes to Broadway in a new stage show that will be substantially overhauled from an earlier version that premiered two years ago in Seattle.

The new version of the 1992 Disney animated hit will hit the Great White Way in spring 2014, according to an individual with knowledge of the production plans. It will replace “Mary Poppins” at the Disney-owned New Amsterdam Theater, the individual said. The stage version of P.L. Travers‘ children’s book will close in March 2013 after more than 2,600 performances.

A stage show of “Aladdin” that integrated the movie’s original score by Alan Menken, Tim Rice and Howard Ashman premiered on stage at Seattle’s 5th Avenue Theatre in 2011. Chad Beguelin (“The Wedding Singer”) wrote the book for that production and Casey Nicholaw (“The Book of Mormon”) directed and choreographed the show.

However, the version of “Aladdin” that hits Broadway next year will be substantially overhauled and will not be a transfer of the 5th Avenue production, the individual said. That show was seen as a pilot production, designed to test the new book and additional score material. The Broadway production will involve a major new key player on the creative team, the individual said.

A spokesman for The Disney Theatrical Group did not immediately respond to requests for comment.

Although “Mary Poppins” is closing to make way for “Aladdin,” it remains a moneymaker for Disney. Every year since it opened in 2006, it has ranked among the 10 highest grossing shows and among the five best attended. By the time it closes, it will have grossed more than $ 300 million, putting it on the level of other hits like “Jersey Boys” and “Wicked.” It has also earned more than $ 835 million worldwide.

The North American tour of “Mary Poppins” will end in June 2013 in Anchorage.

The New York Post first reported that “Mary Poppins” will close and be replaced by “Aladdin.”

Music News Headlines – Yahoo! News

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