European antitrust regulators proved again on Monday that they were more than willing to flex their considerable muscle.
U.P.S.‘s $6.9 billion bid for TNT Express is the latest merger blocked by the European Union, and certainly the most prominent since the proposed tie-up of NYSE Euronext and Deutsche Börse last year. In the case of U.P.S., European regulators argued that proposed asset sales, including airline operations, would not be enough to appease their concerns over the state of competitiveness in package delivery.
“We are extremely disappointed with the European Commission’s position,” the chief executive of U.P.S., D. Scott Davis, said in a statement. “We proposed significant and tangible remedies designed to address the European Commission’s concerns with the transaction.”
Other antitrust regulators have blocked mergers on antitrust grounds. For example, the Justice Department opposed AT&T‘s proposed $39 billion bid for T-Mobile USA.
But the European Commission, led by Joaquín Almunia, has displayed an aggressive approach that has rankled some deal makers.
Mr. Almunia has acknowledged those concerns, even as he has sought to rebut them. In a speech delivered in November, the commissioner argued that he was not trying to prevent European companies from growing. But he said he was trying to preserve a competitive market place.
“It is simply not true that the commission is putting the brakes on the legitimate efforts of Europe’s firms to scale up,” he said. “What we must avoid are attempts to shield Europe’s companies from competition, in particular during this harsh period for the economy. In this game, only a few of them will benefit, and the majority will lose.”
Among Mr. Almunia’s arguments was that the European Commission was less concerned about high levels of market share than what mergers might do to prices.
In the case of the NYSE Euronext merger, regulators demanded that the two exchange operators sell off significant parts of their businesses. Chief among the European Union’s concerns were the strong position that the two companies would have in the market for derivatives traded on exchanges, leading to a call for the sale of either NYSE Euronext’s Liffe platform or Deutsche Börse’s Eurex unit.
Both companies protested, arguing that the European Union’s view of the market was too limited and did not take into account the broader market for derivatives traded off exchanges. The market operators eventually decided to call off their deal, believing that there was little hope for reversing regulators’ opinion.
Other deals have passed review, but some have required significant changes. In approving Universal Music Group’s takeover of EMI Music last year, for example, European regulators required the sale of a third of EMI’s assets. The decision has led to the auction of music labels like Parlaphone, the home to groups like Coldplay and David Guetta.
An Egyptian court granted an appeal by former President Hosni Mubarak and ordered a new trial into the killings of hundreds of protesters during the 2011 uprising, a move certain to inflame the political unrest that has upset the country’s democratic transition.
The ruling was a victory for the ailing Mubarak and his Interior minister, Habib Adli, who also won his appeal. Both men, who had been sentenced to life in prison, face other criminal charges and are likely to remain in detention until a new trial in the deaths by security forces of more than 800 protesters.
“The previous ruling was unfair and illegal,” said Yousry Abdelrazeg, one of Mubarak’s lawyers, who accused the judge in the first trial of political bias. “The case was just a mess and there was no evidence against Mubarak.”
No date has been set for the new trial.
The court’s decision comes amid turmoil over an Islamist-backed constitution and outrage over the expanded powers of Islamist President Mohamed Morsi. It means a bloody chapter in Egypt’s 2011 revolt will be revisited with the prospect that Mubarak, whose police state ruled for 30 years, may be absolved in a case that deepened the nation’s political differences and impassioned the Arab world.
Mubarak was convicted in June of not preventing the deaths of hundreds of protesters attacked by police and snipers during the uprising, which began on Jan. 25, 2011, and ended 18 days later when he stepped aside and the military seized power.
Mubarak argued that he had not ordered the crackdown and was unaware of the extent of the violence. A recently completed government-ordered investigation into the killings, however, reportedly found that Mubarak had monitored the deadly response by security forces in Tahrir Square via a live television feed.
The appeals court ruling came a day after prosecutors announced an investigation into allegations that Mubarak, 84, received about $1 million in illicit gifts from Al Ahram, the country’s leading state-owned newspaper. The former president has reportedly been in a military hospital since December after he fell in a prison bathroom and injured himself.
Last year’s trial riveted the nation with images of the aging Mubarak wheeled into the defendant’s cage on a stretcher, his arms crossed and his eyes hidden behind sunglasses.
jeffrey.fleishman@latimes.com
(Special correspondent Reem Abdellatif contributed to this report)
Spoiler warning: Firefly ended over 10 years ago and it’s been 7 years since its subsequent film, Serenity, came out, so the spoiler statute of limitations is officially up. Proceed at your own risk.
Like many fans of the Joss Whedon space western Firefly, Kyle Hill was shocked by the end of the Serenity movie, when fan-favorite character Wash (Alan Tudyk) was unceremoniously impaled by a Reaver harpoon. Unlike most fans, Hill — a research assistant with a degree in Environmental Engineering and a contributor at Scientific American — decided to try and rewrite (fictional) history by proving that Wash’s death was scientifically impossible, using the power of math, physics and fandom. His article originally appeared online at Scientific American, and Wired publishes this updated version with permission.
I was late to Firefly. Nearly 10 years after the show first aired and then was subsequently cancelled, I holed up in my room, coffee and external hard drive in hand, aiming to blaze through one of the most beloved sci-fi series.
A mix of science fiction and “spaghetti-western” genres, Firefly was wonderful. It certainly awakened the fanboy in me, and I quickly understood why my girlfriend envied me for being able to watch the series for the first time.
It all ended abruptly, due to early cancellation, with the last episodes of Firefly barely answering any central questions or exploring the rich universe that had been so lovingly crafted by creator Joss Whedon. It was to my delight to learn that in 2005 there was a full-length movie in response to public (and private) outcries for more of Serenity and her crew.
Watching Serenity let me spend a bit more time in the ‘verse, and the film thankfully resolved a number of outstanding loops justwaiting to be closed. But the forced end of Firefly also forced Joss Whedon’s hand. He put in scenes that would only have appeared in a last hurrah like Serenity. One scene in particular shook me, like the unexpected sight of a Reaver ship. It’s a scene that drove me to NASA forums and technical reports, glass manufacturers, my calculator, and eventually to this post.
Late in Serenity, after crash-landing at the mysterious base of “Mr. Universe,” pilot Hoban “Wash” Washburne meets his end at the tip of a Reaver spear. The immediacy of the violence, and his wife Zoe’s touching reaction, kept my mouth agape well into the next few minutes of the film. One of my favorite characters just died, as Firefly died. I couldn’t stand it. I had to be sure.
What if the Reaver spear couldn’t plausibly make it through the forward windows of Serenity? The movie may have been set in the future, but we too have built spacecraft with windows, and they are made to withstand impacts. If I could prove that a modern shuttle window (assuming that a future window would be even better) could withstand the impact that killed Wash, I could have the ultimate in fanboy closure: the movie is “wrong,” and my version of the story lives on.
Objects in Space
In terrestrial situations, a speck of paint is less than harmless. In space, it’s deadly. Travelling at a blistering 10,000 meters per second in orbit, the equations deem it lethal. It becomes a “hypervelocity” bullet.
Our spacecraft obviously must account for this deadly debris. Tens of thousands of pieces of extraterrestrial trash litter the orbit of Earth [PDF], meaning that a shuttle’s final impact could come from an errant hex nut. Shuttles today are outfitted with shielding to prevent such disasters, and feature two-and-a-half inch thick windows—the thickest pieces of glass ever produced in the optical quality for see-through viewing.
The largest impact to a shuttle window occurred when a fleck of paint struck STS-92—a flight to the International Space Station. A shuttle window has never been penetrated by a hypervelocity impact, but it doesn’t have to be. A deformation large enough could eventually cause window failure upon repeated take-offs and re-entries.
After engineers examined the crater in the window of STS-92, the shape that best explained the damage was a sort of miniaturized plate. But to begin making comparisons, I’ll consider the fleck of paint to be a similarly sized metal sphere. This will bring the numbers in line with the hypervelocity testing that NASA has already conductBased on the size and the speed of the fleck that hit STS-92, I calculated that the window weathered an impact with around 20 Joules of kinetic energy—equivalent to four milligrams of TNT or a decently thrown baseball. It created more than enough damage to warrant a window replacement. And such replacements from serious impacts are commonplace. Robert Lee Hotz notes in the Wall Street Journalthat “NASA shuttle engineers have replaced the spacecraft’s debris-pitted windows after almost every flight since since 1981, at a cost of about $40,000 per window.”
Such little flecks can be catastrophes. An orbiter unlucky enough to be hit by anything much larger than the paint chip that hit STS-92 is in for some trouble. Debris measuring five centimeters in diameter packs the punch of a bus collision. Any larger than that and we begin making comparisons to sticks of dynamite.
The shuttle windows are tough, to be sure, surviving nearly 1,400 impacts intact over 43 sampled missions, but are they strong enough to save Wash? Tiny particles are elevated to terrifying status because of their ridiculous speeds, not their mass. Conversely, the Reaver spear that killed Wash was larger, but moving much more slowly. A few assumptions and some physics equations would determine if I could save him.
I Am A Leaf on the Wind…
To get the general dimensions of the spear that killed Wash, I had to (unfortunately) go back to the scene in question, excruciatingly slowing down an emotional moment to be replayed over and over.
Diving back into Serenity, I used an earlier Reaver chase scene to guesstimate the spear size and speed. If Reavers shoot spears slow enough to be dodged (which they do), the spear that kills Wash can’t be moving much faster than a Major League fast-ball, putting the upper limit on speed around 100 miles per hour (45 m/s). This is orders of magnitude slower than the hypervelocity impacts that a shuttle deals with, but the spear is thousands of times more massive than a fleck of paint. Assuming it’s fashioned out of an “average” metal, and given its size, I’d guess it’s around 100-200 pounds (45-90 kg).
Kinetic energy is easy enough to calculate. The kinetic energy of a moving object is one-half of its mass multiplied by the square of its velocity.
This equation gives the Reaver spear a frightening 45,500 Joules at the low end. This is over 3,700 times the energy of the largest recorded impact to a space shuttle window — equivalent to a detonation of a pencil made of TNT or a medium sized anvil dropped on it.
What are the risks? via Aerospace.org
Based on hypervelocity testing undertaken by NASA, the Reaver spear would be like an aluminum sphere with a one-centimeter diameter hitting the window at 10 kilometers per second (assuming that the tip of the spear is comparable to a 1cm diameter point). Seeing that the damage threshold for a shuttle window based on this testing is 0.004 centimeters, my hopes quickly vanished. With this kind of energy, the Reaver spear could pierce a shuttle’s wing, its thermal protection tiles, or even its crew cabin.
The math doesn’t lie—Wash didn’t stand a chance.
Watch How I Soar…
I thought I had found the perfect fanboy out. The windows in Serenity looked flimsy and thin, surely not something a space-faring craft would be outfitted with. If the windows were anything like what we use to traverse the ‘verse today, perhaps all that would have happened is a jolt of fright from a deflected Reaver spear, or so I hoped.
But even delving through a hundred page NASA technical report [PDF] on impact shielding couldn’t ease my psyche.
Now, this is at its core a fanboy rant. No matter what I found, Wash dies in the movie. It’s part of the larger story and serves as a plot point, not a meaningless killing-off. But I selfishly wanted closure; I needed to resolve the dissonance between a character’s death and the fact that we know he wouldn’t have died if the networks saw better numbers from Firefly.
Maybe this is a testament to the enduring qualities of the show. To create characters important enough, and in only fifteen short stories, to warrant hours of research and calculation that ultimately proves useless in the larger story is an outcome of a great narrative. It’s typical of a fan base that will still pack a Comic-Con panel ten years after the airing of the show.
In the end, I like the story better this way. It takes a great narrative to make someone care so much about a character that he takes real world steps to resolve his own dissonance. If I could have ‘proved’ that Wash wouldn’t have been killed, a whole can of worms would open. What about the fact that Serenity was an old ship with sub-optimal gear? What about space-age technologies like super-strong window polymers? The scene obviously resonated with people (especially me), and the fact that I failed is a better story than a discussion of faulty film physics.
LOS ANGELES (TheWrap.com) – Gawker editor-in-chief A.J. Daulerio is leaving the site and reporter John Cook will replace him, Cook told TheWrap on Thursday.
Daulerio, who started at Gawker Media’s sports site Deadspin, oversaw the network’s flagship publication through a period of record growth.
“A.J.’s tenure at Gawker has been much like him: bold, infuriating, unpredictable… and often brilliant,” the site’s founder Nick Denton said in a staff memo, obtained by New York magazine. “I mean, I really don’t fully understand: AJ breaks all the usual rules of orthodox management and has still been the most successful editor of Gawker.com.”
Cook has long been one of the media gossip site’s most doggedly blunt writers and reporters. In August, he published a trove of hundreds of internal memos from Bain Capital, GOP presidential candidate Mitt Romney’s former private equity firm.
“John Cook is the most experienced reporter on the team, a surprisingly powerful opinion writer and a gossip of the most refined kind,” Denton wrote. “He has natural authority.”
It was not immediately clear when the management changes would take place.
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With the nation in the grip of a severe influenza outbreak that has seen deaths reach epidemic levels, New York State declared a public health emergency on Saturday, making access to vaccines more easily available.
There have been nearly 20,000 cases of flu reported across the state so far this season, officials said. Last season, 4,400 positive laboratory tests were reported.
“We are experiencing the worst flu season since at least 2009, and influenza activity in New York State is widespread, with cases reported in all 57 counties and all five boroughs of New York City,” Gov. Andrew M. Cuomo said in a statement.
Under the order, pharmacists will be allowed to administer flu vaccinations to patients between 6 months and 18 years old, temporarily suspending a state law that prohibits pharmacists from administering immunizations to children.
While children and older people tend to be the most likely to become seriously ill from the flu, Mr. Cuomo urged all New Yorkers to get vaccinated.
On Friday, the Centers for Disease Control and Prevention in Atlanta said that deaths from the flu had reached epidemic levels, with at least 20 children having died nationwide. Officials cautioned that deaths from pneumonia and the flu typically reach epidemic levels for a week or two every year. The severity of the outbreak will be determined by how long the death toll remains high or if it climbs higher.
There was some evidence that caseloads may be peaking, federal officials said on Friday.
In New York City, public health officials announced on Thursday that flu-related illnesses had reached epidemic levels, and they joined the chorus of authorities urging people to get vaccinated.
“It’s a bad year,” the city’s health commissioner, Dr. Thomas A. Farley, told reporters on Thursday. “We’ve got lots of flu, it’s mainly type AH3N2, which tends to be a little more severe. So we’re seeing plenty of cases of flu and plenty of people sick with flu. Our message for any people who are listening to this is it’s still not too late to get your flu shot.”
There has been a spike in the number of people going to emergency rooms over the past two weeks with flulike symptoms – including fever, fatigue and coughing – Dr. Farley said.
Mayor Michael R. Bloomberg and Mr. Cuomo made a public display of getting shots this past week.
In a briefing with reporters on Friday, officials from the C.D.C. said that this year’s vaccine was effective in 62 percent of cases.
As officials have stepped up their efforts encouraging vaccinations, there have been scattered reports of shortages. But officials said plenty of the vaccine was available.
According to the C.D.C., makers of the flu vaccine produced about 135 million doses for this year. As of early this month, 128 million doses had been distributed. While that would not be enough for every American, only 37 percent of the population get a flu shot each year.
Federal health officials said they would be happy if that number rose to 50 percent, which would mean that there would be more than enough vaccine for anyone who wanted to be immunized.
Two other diseases – norovirus and whooping cough – are also widespread this winter and are contributing to the number of people getting sick.
The flu can resemble a cold, though the symptoms come on more rapidly and are more severe.
A version of this article appeared in print on 01/13/2013, on page A21 of the NewYork edition with the headline: New York Declares Health Emergency.
WASHINGTON — The Treasury Department said Saturday that it will not mint a trillion-dollar platinum coin to head off an imminent battle with Congress over raising the government’s borrowing limit.
“Neither the Treasury Department nor the Federal Reserve believes that the law can or should be used to facilitate the production of platinum coins for the purpose of avoiding an increase in the debt limit,” Anthony Coley, a Treasury spokesman, said in a written statement.
The Obama administration has indicated that the only way for the country to avoid a cash-management crisis as soon as next month is for Congress to raise the “debt ceiling,” which is the statutory limit on government borrowing. The cap is $16.4 trillion.
“There are only two options to deal with the debt limit: Congress can pay its bills, or it can fail to act and put the nation into default,” Jay Carney, the White House press secretary, said in a statement. “Congress needs to do its job.”
In recent weeks, some Republicans have indicated that they would not agree to raise the debt limit unless Democrats agreed to make cuts to entitlement programs like Social Security.
The White House has said it would not negotiate spending cuts in exchange for Congressional authority to borrow more, and it has insisted that Congress raise the ceiling as a matter of course, to cover expenses already authorized by Congress. In broader fiscal negotiations, it has said it would not agree to spending cuts without commensurate tax increases.
The idea of minting a trillion-dollar coin drew wide if puzzling attention recently after some bloggers and economic commentators had suggested it as an alternative to involving Congress.
By virtue of an obscure law meant to apply to commemorative coins, the Treasury secretary could order the production of a high-denomination platinum coin and deposit it at the Federal Reserve, where it would count as a government asset and give the country more breathing room under its debt ceiling. Once Congress raised the debt ceiling, the Treasury secretary could then order the coin destroyed.
Mr. Carney, the press secretary, fielded questions about the theoretical tactic at a news conference last week. But the idea is now formally off the table.
The White House has also rejected the idea that it could mount a challenge to the debt ceiling itself, on the strength of the Fourteenth Amendment to the Constitution, which holds that the “validity of the public debt” of the United States “shall not be questioned.”
The Washington Post earlier published a report that the Obama administration had rejected the platinum-coin idea.
Los Angeles police continued to search for armed suspects who took 14 hostages at a Nordstrom Rack store in Westchester this week, brutally assaulting some of them.
Law enforcement sources said detectives were following several promising leads in tracking the suspects.
Several of the hostages -- all store employees -- were hurt in the incident. But their injuries were not life-threatening, and by Friday afternoon the victims had all been treated and released.
The gunmen apparently stormed the store about 10 p.m. Thursday, as it was closing.
Two employees hid in a restroom, authorities said. The gunmen herded the rest into another restroom on the third level, according to dispatch audio posted on the Venice 311 server. There, at least two employees were told to strip.
One woman was dragged to a separate room, where she was sexually assaulted, police said. A second woman was stabbed in the neck, police said, and a third hostage was pistol-whipped.
After officers arrived, a vehicle with tinted windows and its headlights off sped out of the parking garage. The driver wore a black hoodie and the passenger a white T-shirt, according to dispatch recordings.
"White SUV! White SUV! White Ford Explorer!" an officer barked. "High rate of speed leaving the parking lot!"
"Go pursue that vehicle!" another officer said.
They did, to no avail.
"We lost sight of that vehicle," an officer said over the radio. "We're going on the 405 north. I need other units to try Sepulveda. We don't know where vehicle is now."
The suspects had apparently escaped — though officers didn't know that at the time and waited to move into the store. They called in a SWAT team, which arrived about 1 a.m. The mall remained on lockdown — stranding at least 200 moviegoers at the cineplex.
Simeon Campbell, 26, and two of his friends had gone to the 10 p.m. showing of "A Haunted House."
"It was funny until we got out," he said.
Theater employees told them the mall had been closed off but did not explain why. Some moviegoers were escorted to the second floor, where Campbell looked out a window.
"It became real when I saw the SWAT team," he said.
Some moviegoers munched on popcorn that theater employees handed out. Others tried to nap. Campbell paced, his head throbbing and his stomach in knots.
"What if they run in here? What if they have accomplices?" he said he thought.
The wait ended sometime before 3 a.m., when some of the Nordstrom hostages called 911, described their injuries and asked for medical aid, according to dispatch recordings.
A federal judge late Friday blocked enforcement of a California voter-approved measure that would have dramatically curtailed the online, First Amendment rights of registered sex offenders.
Proposition 35, which passed with 81 percent of the vote in November, would have required anyone who is a registered sex offender — including people with misdemeanor offenses such as indecent exposure and whose offenses were not related to activity on the internet — to turn over to law enforcement a list of all identifiers they use online as well as a list of service providers they use.
U.S. District Judge Thelton Henderson of San Francisco also said the measure was overbroad.
“The challenged provisions have some nexus with the government’s legitimate purpose of combating online sex offenses and human trafficking, but the government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals,” he wrote.
The Californians Against Sexual Exploitation Act would also have forced sex offenders to fork over to law enforcement their e-mail addresses, user and screen names, or any other identifier they used for instant messaging, for social networking sites or online forums and in internet chat rooms.
The American Civil Liberties Union and the Electronic Frontier Foundation immediately filed suit after its passage. The measure would currently affect some 75,000 sex offenders registered in California, but the law also requires those convicted of human trafficking to register as sex offenders, thus widening the pool of people affected.
The measure carries three-year prison penalties.
Henderson had tentatively blocked enforcement of the measure immediately after it passed. His decision Friday is in the form of a preliminary injunction. Next up is a trial on the lawsuit’s merits, if it gets that far.
David Kravets is a senior staff writer for Wired.com and founder of the fake news site TheYellowDailyNews.com. He's a dad of two boys and has been a reporter since the manual typewriter days.
BERLIN (Reuters) – Renowned British conductor Simon Rattle said on Thursday he would step down as head of the prestigious Berlin Philharmonic in 2018 when his current contract with the orchestra expires and before he turns 64.
“In 2018 I will be nearly 64 years old,” the 57-year-old said in a statement on the Philharmonic’s website. “As a Liverpool boy, it is impossible not to think of the Beatles’ question ‘Will you still need me… when I’m 64?’” he joked.
“This was not an easy decision. I love this orchestra and therefore wanted to tell them my decision as early as possible.”
Rattle, known for his youthful energy, his readiness to take risks and his mop of curly grey hair, took over the Berlin Philharmonic, one of the world’s leading orchestras, in 2002.
The first Briton to hold a post previously associated with such giants of German music as Herbert von Karajan, Rattle has sometimes upset music traditionalists in his adopted land with his love of experimentation and his unorthodox approach.
Rattle has described his sometimes turbulent relationship with the Berlin Philharmonic as “a love affair”.
Critics have accused him of lacking appropriate German gravitas in such a high-profile cultural role and of caring more about the public image of the orchestra than about the music.
But his many supporters have welcomed efforts to reach out to new audiences as well as his success in forging relations with other orchestras around the world, including Venezuela’s Simon Bolivar Youth Orchestra.
“With his outstanding musicality and creativity he has filled new listeners with enthusiasm for the orchestra every day and has shaped the national and international perception of the Berliner Philharmonic as a vital cultural ambassador for Berlin,” said Martin Hoffmann, the orchestra’s general manager.
Rattle, who studied at the Royal Academy of Music in London, worked as conductor of the Birmingham Symphony Orchestra in central England for 18 years before moving to Berlin.
(Reporting by Gareth Jones; editing by Mike Collett-White)
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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.”
