Archive for February, 2010

Domestic violence = political suicide, part 2

Saturday, February 27, 2010

A few weeks ago, I wrote about how two politicians had been ousted after reports of violent incidents with women surfaced. For Scott Lee Cohen, the Democratic nominee for lieutenant governor of Illinois, the mere allegation of domestic violence was enough to make his candidacy politically untenable, and he withdrew from the race days after the news broke.

This week’s blockbuster story, broken Wednesday by the New York Times, is that David A. Paterson, the Democratic governor of New York, apparently intervened in a domestic violence case involving his top aide, David W. Johnson.

Last fall, a woman went to court in the Bronx to testify that she had been violently assaulted by a top aide to Gov. David A. Paterson, and to seek a protective order against the man.

In the ensuing months, she returned to court twice to press her case, complaining that the State Police had been harassing her to drop it. The State Police, which had no jurisdiction in the matter, confirmed that the woman was visited by a member of the governor’s personal security detail.

Then, just before she was due to return to court to seek a final protective order, the woman got a phone call from the governor, according to her lawyer. She failed to appear for her next hearing on Feb. 8, and as a result her case was dismissed.

Two days after the Times’ bombshell, Paterson decided that he would not seek re-election, less than a week after he had formally announced that he was running.

So let’s get this straight: reports that a politician may have used his clout to help a loyal aide and ally who had allegedly assaulted his girlfriend, who had twice taken out domestic violence protective orders against him, were enough to bring a sitting governor’s political future to an abrupt halt.

Just the association with and support for an alleged batterer proved terminal.

Oh, and the New York State Police may be in some hot water, too. Again, from the New York Times:

[New York State Police superintendent Harry J.] Corbitt acknowledged this week that a State Police officer visited the woman in the first hours or days after the episode, at the Bronx apartment shared by Mr. Johnson, the woman and her 13-year-old son. He described the visit as customary in episodes that might attract media attention, an assertion dismissed as false by many inside and outside the State Police. He also said that it was meant merely to offer the woman counseling and tell her she had “options.”

Two days after the woman says Mr. Johnson choked her, ripped off her clothing and prevented her from calling for help, she went to Family Court in the Bronx to seek an order of protection. She complained under oath then, and in a court appearance two days later, that troopers had been pressuring and harassing her not to pursue charges or obtain the order of protection.

She was twice granted temporary orders of protection, but confusion over whether Mr. Johnson had actually been served with the court papers extended the case into February.

The case underscores the importance of diligent service of domestic violence protective orders. The orders themselves do not offer absolute protection from violence, although experts point to statistics that say that they are effective in preventing additional harm. But they do give the victim a firm knowledge that the batterer faces serious consequences if the abusive behavior continues. (more…)

Secret meetings, Feb. 26, 2010

Friday, February 26, 2010

lockeddoor

Today’s issue of the State Register includes five meetings that violated the public notice requirements of West Virginia’s open meetings law.

Two of the meetings concerned West Liberty University, one a meeting of the school’s board of governors and the others of an institutional finance committee.

Other agencies that violated the public notice requirements this week included the Ron Yost Personal Assistance Services Board, the board of governors at Kanawha Valley Community and Technical College, and the Information Technology Council.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

CSB says gas venting practices ‘inherently unsafe’

Thursday, February 25, 2010

Power Plant Explosion

Pallbearers leave the First Church of Christ Congregational with the casket of Raymond Dobratz after his funeral in Old Saybrook, Conn., on Saturday, Feb. 13, 2010. Dobratz, 58, was one of six people killed in an explosion at Kleen Energy Systems in Middletown, Conn., on Sunday, Feb. 7. (AP Photo / Fred Beckham)

The U.S. Chemical Safety Board’s lead investigator at the Kleen Energy disaster in Middletown, Conn., said this morning that the “gas blow” practice being used at the plant at the time of the Feb. 7 explosion was “inherently unsafe.”

You can read CSB investigator Don Holmstrom’s prepared statement for a news conference today on the agency Web site here.

For me, the big question the statement raised — given the CSB’s long prior involvement in similar accidents around the country — was why the board hadn’t recommended that this practice be banned.

After all, the board had investigated numerous similar incidents and had just three days prior to the Kleen Energy explosion issued a set of urgent recommendations. But the board delayed even doing that, and when it did get around to issuing the recommendations, it stopped far short of urging a ban on the practice.

So, I listened in on a CSB media briefing today and asked the team why the board hadn’t made such a recommendation before and if it would do so now … the bottom line answer I got from Holmstrom:

We’re going to be looking at the issues, and we’re going to be looking at recommendations, and we’re going to be looking at urgent recommendations.

Those are issues that we are going to be focusing on in our investigation.

(more…)

What we’re reading: Police cover-up Katrina shootings; nonprofit vs. charter schools in L.A.; rethinking sex offender laws in Fla.; BPA crops up everywhere

Thursday, February 25, 2010

Here’s another installment of stories that caught our attention this week:

The New Orleans Times-Picayune has a detailed account of a New Orleans police supervisor who pleaded guilty Wednesday to a federal obstruction charge, admitting that he took part in a conspiracy to justify the shootings of six unarmed people after Hurricane Katrina. An accompanying editorial, describing former Lt. Michael Lohman and the other officers involved as “a lawless gang,” explains that two NOPD investigations concluded that officers had been under fire and the shootings of civilians were self-defense. Lohman later admitted he knew at the scene that wasn’t true, and he encouraged the other officers to make up stories justifying the shootings, which killed two and wounded four.

The Los Angeles Board of Education, the district that boasts the highest number of charter schools in the nation, voted Tuesday to reject a number of applications from charter school operators. Instead, they chose to hand control of nearly 30 schools to nonprofit educational groups formed by teachers and administrators already employed by the district, according to an Associated Press story that appeared in Education Week. The vote awarded 12 chronically under-performing campuses and 18 new campuses to nonprofit educational groups, most of which are led by teachers and administrators already in place. Los Angeles Mayor  Antonio Villaraigosa called the board’s vote a terrible blow to reform. Local teachers unions had successfully lobbied the board’s vote.

Five years after a convicted sex offender kidnapped, raped and killed  9-year-old Jessica Lunsford in a case that grabbed national headlines, Florida legislators are beginning to rethink “how the state monitors sex offenders and whether current laws are really making children safer,” the Miami Herald reported. In the last five years, after the enactment of tougher laws, the number of people on Florida’s sex offender registry has gone up by almost 50 percent, and the state spends an additional $36 million a year on programs for sex offenders.

Remember BPA, that chemical used in many food containers and baby bottles, that is implicated in health issues such as reproductive problems and cancer? It’s in all kinds of things, such as the linings of food cans, dental sealants and ATM receipts. The Washington Post reports this week that it is proving difficult to avoid. Small amounts of the chemical show up in foods processed by companies that have switched to BPA-free containers.

Bill to cap MIC storage pulled from agenda

Wednesday, February 24, 2010

Photo by Tom Hindman, Charleston Daily Mail, via AP

West Virginia lawmakers had been scheduled this afternoon to take up legislation that would put a stringent cap on the amount of deadly methyl isocyanate that could be stored at chemical plants across the state.

But House Health and Human Resources Chairman Don Perdue, D-Wayne, pulled the bill from the committee’s agenda at the last minute. Committee members were told that the legislation “had not been fully vetted” and that lawmakers “did not have time to come to an informed decision” about the bill.

Of course, this bill was introduced formally only on Monday. But lawmakers from Kanawha County have been talking about it since the session started in mid-January.

The bill is aimed at the Bayer CropScience plant in Institute, W.Va., which for decades has maintained a large stockpile of MIC.

Toyota testimony, day one: What about the electronics?

Wednesday, February 24, 2010

There was some pretty gripping testimony yesterday before the House Committee on Energy and Commerce, particularly from Rhonda Smith, of Sevierville, Tenn., about her experience when her new Lexus 350 ES sedan suddenly raced to 100 miles per hour in October 2006.

On this Thursday, I had planned on visiting my 85 year old father in Knoxville. I was driving my 2007 Lexus 350 ES from my home in Sevierville down Hwy 66 to I‐40 East. Upon entering I‐40 I accelerated with everyone else, into the flow of traffic. At this point, I merged over into the second lane, NOT going into passing gear.

It is at this time I lost all control of the acceleration of the vehicle. The car goes into passing gear and the cruise light comes on. At this time, I am thinking that maybe the cruise is what has caused the car to accelerate, as my foot is NOT on the gas pedal. I take off the cruise control. The car continues to accelerate. The car is now up to 80 mph. The brakes do not slow the car at all. Now I am at 85‐90 mph. I push the car into NEUTRAL and it makes a revving noise. I push the emergency brake on… nothing helps. I continue hitting and slamming the brakes. Now I am at 85‐90 mph. I look at the traffic ahead to see if I can maneuver in and out of the upcoming cars and trucks, or if I am going to need to put the car into the guardrail and into the trees.

The last time I looked at the speedometer it read 100 mph. At this time, I had the emergency brake on while frantically shifting between ALL the gears (besides park) but mainly had it in REVERSE and with the emergency brake on. I finally figured the car was going to go to its maximum speed and was praying to God to please help me. After about 3 miles had passed, I thought it was my time to die, and I called my husband (on bluetooth). I knew he couldn’t help me in this particular situation, but I just needed to hear his voice. What an awful 911 call he received at work.

At almost exactly 6 miles God intervened. I had not tried anything different that I had frantically tried before to slow the vehicle, yet the car began to slow down ever so slowly. It slowed enough for me to pull to the left median, with the motor still revving up and down. At 35 mph it would not shut off. Finally, at 33 mph I was able to turn the engine off. However, the radio remained on and I was not about to touch ANY button on that car, or ever again.

Smith’s testimony should serve as a harrowing rebuke for all of those people who, in response to reports of cars speeding out of control, suggest that the driver should have just shifted into neutral, or turned the car off.

Incredibly, the dealer told Smith and her husband, in writing, that “when properly maintained, the brakes will always override the accelerator.” Ultimately, an arbiter with the National Center for Dispute Settlement denied the Smith’s claim, and an investigator with the National Highway Traffic Safety Administration told them it was “probably” floor mats, which were the subject of a major safety advisory by Toyota in September 2009.

Smith continued:

In summary, we would like to inform this committee and the American public that we feel we put forth our best effort in 2006 and 2007 to inform Toyota Motor Company and NHTSA of the potential for SUA to become a deadly issue.

Our hopes were that our efforts might help spare the unnecessary injury and loss of innocent lives. However, we failed miserably, all due to Toyota and NHTSA’s uncaring attitude and total disregard for human life.

One would think that Toyota, along with NHTSA’s help, would have stepped up and used some of their massive profits to address this now major, deadly problem.

It is our hope that this testimony will in some way help the families of those killed and those that sustained serious injuries from SUA. We also hope they will somehow benefit from the knowledge that we provided critical information to Toyota and NHTSA showing that the problem was not floor mats but in the electronics of their vehicles at least 3 ½ years ago.

Also on Tuesday, Dr. David Gilbert, an associate professor of automotive technology at Southern Illinois University, told lawmakers that he was able to recreate runaway acceleration, something that both Toyota officials and NHTSA investigators have said is very hard to do, by tinkering with the wiring in his 2010 Toyota Tundra.

The importance of these issues raised in the electronic throttle control system fail‐ safe strategies should not be underestimated. Sudden unintended acceleration of a vehicle a very serious safety concern that should be addressed without delay. (more…)

Bayer update: Bill would cap MIC storage

Tuesday, February 23, 2010

Yesterday, a bipartisan group of West Virginia lawmakers introduced H.B. 4654.  If passed, the bill would put a 5,000-pound cap on the amount of deadly methyl isocyanate gas any chemical plant in the state could store.

Of course, the legislation is aimed at the Bayer CropScience plant out in Institute, which has for decades maintained a huge stockpile of the chemical best known for killing thousands of people when it leaked from a Union Carbide plant in Bhopal, India, in December 1984.

Now, Bayer promised back in August 2009 that it would reduce its MIC inventory by 80 percent, to a maximum of about 50,000 pounds. More recently, it has not been clear that Bayer is on schedule to complete this project by its stated goal of August 2010.

Under the legislation, any company that stores more than 5,000 pounds after July 1 could be fined up to $20,000 per day of violation.

(more…)

Toyota’s disclosures: Savings before safety?

Monday, February 22, 2010

Akio_Toyoda_001In the coming weeks, Toyota officials — including President and CEO Akio Toyoda (right), a grandson of the company’s founder — will testify before Congress to answer questions about when the company knew what about various safety issues, including unintended acceleration in some models.

In preparation, Toyota has turned over thousands of pages of company documents. These include, as the New York Times and many others reported, an internal memo that claimed that the company saved $100 million when it “negotiated an equipment recall” with the National Highway Traffic Safety Administration in 2007 in response to reports of unintended acceleration in certain Camry and Lexus ES 350 sedans. Consequently, 55,000 floormats were recalled, and the agency did not find a defect. As the Associated Press noted:

The savings are listed under the title, “Wins for Toyota – Safety Group.” The document cites millions of dollars in other savings by delaying safety regulations, avoiding defect investigations and slowing down other industry requirements.

The documents could set off alarms in Congress over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls.

The memo, from July 2009, observed that Toyota faced a challenge from an “activist Administration and Congress.” Policito.com has posted part of the document here.

Under the heading “Key Safety Issues,” the memo lists the following bulletpoints:

  • U.S. DOT/NHTSA under Obama Administration not industry friendly
  • OEMs [origina equipment manufacturers] anticipate a more challenging regulatory and enforcement environment, with a potential for revisiting key regulatory proposals
  • NHTSA’s new, more aggressive management includes more attorneys at the agency, even in the leadership of Rulemaking and Enforcement
  • The new team has less understanding of engineering issues and are primarily focused on legal issues.

And Toyota wasn’t the only one taking notice of issues with unintended acceleration well before the recent recall. Again, from the Associated Press report:

Separately, the government said Sunday it was already investigating reports of sudden acceleration in Toyota vehicles when the nation’s largest auto insurer shared complaints about the issue.

The Transportation Department released documents showing that in December 2003 it began investigating 39 complaints of sudden acceleration involving 2002-03 Toyota Camry sedans. That was about three months before State Farm shared with NHTSA complaints of sudden acceleration in 2003-04 Lexus ES300s and 2002-04 Camrys.

And today, as reported in the Wall Street Journal, Toyota confirmed that it has received subpoenas from both the Securities and Exchange Commission and a federal grand jury in the Southern District of New York.

Secret meetings, Feb. 19, 2010

Friday, February 19, 2010

There were four meetings listed in today’s issue of The State Register that violated the public notice requirements of West Virginia’s open meetings law.

The agencies involved were the Charleston Area Alliance Board of Directors, Highland Hospital’s Board of Trustees, the PSC’s Tower Access Assistance Fund Review Committee and the West Virginia Health Care Authority’s Health Information Network.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

What we’re reading: EPA backs off BPA; taxing soft drinks; concerns and confusion over electro-magnetic fields; identifying anonymous Internet commenters

Thursday, February 18, 2010

Here’s another installment of stories from the last week that made us sit up and take notice:

The Milwaukee Journal Sentinel reported last weekend that the Environmental Protection Agency delayed regulation of the controversial chemical bisphenol A — known as BPA — just eight days after industry lobbyists met with White House officials and “aggressively pleaded its case that BPA should not be flagged for greater regulation.” You can read more from ProPublica here.

Lobbyists for the soft-drink industry apparently quashed a proposal to tax sugared drinks, the Los Angeles Times reported. Proponents of the suggested tax said that it would both reduce obesity and produce revenue that could help offset healthcare costs, but the industry lobbied lawmakers and financed favorable studies, according to the article.

Some studies concluded that electro-magnetic fields pose a health risk to humans, but others say they do not, and scientists can’t seem to agree, according to the Los Angeles Times. The paper offered more coverage on the issue here and here.

And the Internet may not be as anonymous as many users think, the Chicago Tribune reported, particularly after news organizations and courts are subpoenaing people who post defamatory comments. In deciding whether to reveal the identity of anonymous posters, media companies must balance “values such as free speech, public safety and the ability to foster an online community.”