Kaepernick delivers, 49ers beat Packers 45-31


SAN FRANCISCO (AP) — The unproven kid thoroughly beat the former Super Bowl champion and reigning MVP.


With a strong arm that allowed him to pick the Packers apart from the pocket and speedy legs that helped him break free for big gains, Colin Kaepernick did a little bit of everything in a record-setting, sensational playoff debut — and Aaron Rodgers just couldn't keep up.


Kaepernick passed for 263 yards and ran the San Francisco 49ers right back to the NFC championship game with a 45-31 win over Green Bay in an NFC divisional game Saturday night.


Kaepernick rushed for a quarterback playoff record 181 yards and two touchdowns and threw two scoring passes to Michael Crabtree. Next up for the Niners: a game on Jan. 20 for a spot in the Super Bowl, against the winner of Sunday's game between the Seattle Seahawks and Falcons at Atlanta.


"It feels good. We're one step closer to where we want to be," Kaepernick said. "I feel like I had a lot to prove. A lot of people doubted my ability to lead this team."


And what a playoff debut it was by the second-year pro making just his eighth NFL start. No doubting Jim Harbaugh's big midseason gamble switching quarterbacks now.


Rodgers never got in sync for the Packers (12-6), finishing 26 of 39 for 257 yards with two touchdowns.


Kaepernick ran for scores of 20 and 56 yards on the way to topping the rushing mark of 119 yards set by Michael Vick in 2005 against St. Louis. Crabtree caught TD passes of 12 and 20 yards in the second quarter and wound up with nine receptions and 119 yards for the Niners (12-4-1) in the NFC divisional matchup.


Kaepernick, sporting a burgundy beanie partially covering his head, was greeted at his locker after the game by former 49ers quarterback John Brodie.


San Francisco had 579 total yards with 323 on the ground, scoring its third-most points in the franchise's storied playoff history.


"Our offensive line did an amazing job today," Kaepernick said. "They shut everybody down inside. Our receivers, our tight ends, blocked great outside, and our running backs were running hard, so it made it easier on me."


Frank Gore and Anthony Dixon each added 2-yard touchdown runs in the fourth quarter for the No. 2 seed NFC West champions, slim favorites on their home field in a rematch of Week 1. They added to their memorable night by setting a franchise postseason record for yards rushing, 119 of those by Gore to complement Kaepernick.


Rodgers, the former Cal star passed up by San Francisco with the No. 1 pick in the 2005 draft, never got going. Rodgers rooted for the Niners as a kid in Northern California.


This was another early exit for the Packers, who lost in the divisional playoffs to the eventual Super Bowl champion New York Giants a year ago and were denied a chance to defend the title they won after the 2010 season.


Those Green Bay road stars of two years ago — they won three away from Lambeau Field on the way to the Super Bowl — didn't have it this time against San Francisco's stingy defense and a no-fear, second-year quarterback who would not be denied. A kid who was born in Milwaukee and grew up a big Green Bay fan until the day he was drafted in 2011 out of Nevada.


"I didn't know how fast he was," Green Bay defensive back Charles Woodson said. "Coming in I really never paid attention to it. But he is fast."


San Francisco advanced to back-to-back NFC title games for the first time since reaching three in a row following the 1992-94 seasons, with 1994 their last trip to the Super Bowl.


With the sellout crowd at Candlestick Park waving red flags reading "Quest for Six" — a sixth Super Bowl title, that is — Kaepernick did his part and then some to deliver in the first key step. Even after an early interception that gave Green Bay all the momentum in a hostile road stadium.


Kaepernick topped Vick's mark with the 56-yard keeper on an option play in the third quarter. That gave Kaepernick 163 yards on 12 carries, also setting a 49ers franchise record for the postseason.


"The execution for the 49ers on the read option was excellent, but our issues were bigger than that," Packers coach Mike McCarthy said. "We did not a very good job of keeping him the pocket. He was able to get out of the pocket for a number of big conversions."


Kaepernick joined Jay Cutler in 2011 and Otto Graham in both 1954 and '55 as the only players with two rushing and two passing touchdowns in a playoff game.


David Akers kicked a 36-yard field goal moments before halftime to give San Francisco a 24-21 lead at intermission after Green Bay tried to ice the struggling veteran by calling timeout before his kick.


Mason Crosby's 31-yard field goal tied the game at 24 midway through the third quarter, then Kaepernick took over again. San Francisco's defense handled the rest.


Kaepernick had 11 carries for 107 yards rushing by halftime.


Pick six, no problem.


The strong-armed Kaepernick brushed off the interception he tossed on the fourth play of the game that Sam Shields ran back 52 yards for a touchdown, then took control with his pinpoint passing to his favorite go-to guy — Crabtree — and with his quick-burst ability out of the pocket.


"He does a great job of responding," Harbaugh said. "He has done that any time there has been an interception he has thrown, a safety or a turnover, he's responded with a scoring drive. That's rare. I think that's a rare quality. So far he's shown that he's got that ability to come back."


San Francisco, fueled all year by its near miss in overtime of the NFC title game, made it two victories against Rodgers and Co. this season after a 30-22 Week 1 win at Lambeau Field.


Kaepernick bounced back from the early interception and again after a second-quarter taunting penalty in which he threw the ball down in the face of safety M.D. Jennings after being hit by Jennings and Erik Walden. Center Jonathan Goodwin grabbed Kaepernick in an effort to settle him down after his 15-yard run was negated by the 15-yard flag.


Two plays later, Kaepernick found Crabtree for his 20-yard TD as San Francisco capitalized on another Packers turnover.


Rodgers answered right back on the Packers' next chance, driving his team 80 yards on six plays and hitting James Jones on a 20-yard touchdown of his own that tied the game at 21. Green Bay got help from a 15-yard personal foul penalty by Dashon Goldson for a helmet-to-helmet hit on DuJuan Harris.


"We felt like we gift-wrapped them 14 points off turnovers in the first half and our defense was playing all right," Rodgers said. "And then we just didn't get it done in the second half. I knew we were going to have to score some points. We knew we were going to have to put up at least 38 points."


Former California receiver Jeremy Ross fumbled Andy Lee's punt early in the second and C.J. Spillman recovered as San Francisco got the ball back at the 9. Kaepernick threw a 12-yard TD pass to Crabtree three plays later.


Rodgers' streak of 183 passes without an interception spanning the previous five games ended when Tarell Brown picked off the ball on a deep third-down throw in the second quarter. Brown had another interception in the waning moments.


"We expected them to try to get him out on the perimeter. But we didn't expect to let him do what he did," Woodson said. "Give him a lot of credit. He played a great game. He made a lot of great plays out there today. It was hard to swallow."


Harris ran 18 yards for a score in the final minute of the first quarter as Green Bay took a 14-7 lead. Rodgers connected with James Jones on a 44-yard completion one play earlier before Harris easily ran right up the middle into the end zone for a Packers team that managed 45 total yards rushing in the season-opening loss.


Such moments were few against a 49ers defense happy to welcome back All-Pro lineman Justin Smith after he missed the final two regular-season games with a partially torn left triceps muscle.


Notes: The Green Bay defense gave up the most total yards (579), yards rushing (323) and second-most points in the playoffs in franchise history. ... San Francisco improved to 13-3 at home in divisional playoff games. ... The 49ers had 48 offensive plays in the first half to 20 by Green Bay.


___


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City Room: Cuomo Declares Public Health Emergency Over Flu Outbreak

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.

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Treasury Will Not Mint $1 Trillion Coin to Raise Debt Ceiling





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.


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Immigration Arrests Lead to Online Outcry, and Release





PHOENIX — Immigration agents arrested the mother and brother of a prominent activist during a raid at her home here late Thursday, unleashing a vigorous response on social media and focusing new attention on one of the most controversial aspects of the Obama administration’s policies on deportation.




The agents knocked on Erika Andiola’s door shortly after 9 p.m., asking for her mother, Maria Arreola.


Ms. Arreola had been stopped by the police in nearby Mesa last year and detained for driving without a license. Her fingerprints were sent to federal immigration officials as part of a controversial program called Secure Communities, which the Obama administration has been trying to expand nationwide.


That routine check revealed that Ms. Arreola had been returned to Mexico in 1998 after she was caught trying to illegally cross the border into Arizona with Erika and two of her siblings in tow. As a result, she was placed on a priority list for deportation.


After being seized on Thursday, she could have been sent back to Mexico in a matter of hours, but Obama administration officials moved quickly to undo the arrests. Officials had been pressured by the robust response from advocates — through phone calls, e-mails and online petitions, but primarily on Twitter, where they mobilized support for Ms. Andiola, a well-known advocate for young illegal immigrants, under the hashtag #WeAreAndiola.


The reaction offered the Obama administration a taste of what it might expect when it gets into the thick of the debate over an immigration overhaul, which Congress is expected to tackle this year. President Obama has already been under harsh criticism for the number of illegal immigrants deported since he took office — roughly 400,000 each year, a record unmatched since the 1950s.


Ms. Andiola, 25, posted a tearful video on YouTube shortly after her mother and brother were handcuffed and driven away. “I need everybody to stop pretending that nothing is wrong,” she said in the video, “stop pretending that we’re all just living normal lives, because we’re not. This could happen to any of us anytime.”


She is the co-founder of the Arizona Dream Act Coalition, one of the groups pushing for a reprieve for immigrants brought illegally to the United States as children, as she was. She has been arrested while camped in front of Senator John McCain’s office here, protested outside the United States Capitol, and appeared on the cover of Time magazine in June under the headline, “We are Americans — just not legally.”


In November, Ms. Andiola got a work permit under a program begun by the Obama administration last year that gives certain young illegal immigrants temporary reprieve from deportation. She graduated from Arizona State University in 2009.


On Friday afternoon, her mother returned home from a detention center in Florence, 70 miles southeast of Phoenix and usually the last stop for certain illegal immigrants before they are deported. Her brother, Heriberto Andiola Arreola, 36, who had been kept in Phoenix, was let go earlier, at 6 a.m.


Their swift releases underline the power of the youth-immigrant movement and their social media activism, which was critical in spreading Ms. Andiola’s story overnight.


In a statement, Barbara Gonzalez, a spokeswoman for Immigration and Customs Enforcement, said a preliminary review of the case revealed that it contains some of the elements outlined in the agency’s “prosecutorial discretion policy” and would “merit an exercise of discretion.” Advocates have long argued that the policy has done little to keep families from being broken apart by deportations.


Ms. Andiola said in an interview that she told her mother to go to her room before opening the door Thursday night; she suspected the men standing outside worked for immigration. By the time the men came in, her brother, who was outside talking to a neighbor, was already in handcuffs, she said.


“Where’s Maria?” the men asked her, she recalled.


Ms. Arreola walked out of the room and, in Spanish, the men asked her to accompany them outside, where they placed her under arrest.


Though she and her son are free, their future is uncertain, as they could be arrested again while their cases are under review or deported should the eventual ruling go against them, said Marielena HincapiƩ, executive director of the National Immigration Law Center, one of the groups helping the family.


Stories like this, Ms. HincapiĆ© went on, “happen every day, in every state,” outside of the media spotlight. What made it different this time is that Ms. Andiola had connections and wasted no time mobilizing them. There are others, she said, whom “you never hear about.”


Julia Preston contributed reporting from New York.



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Why We Hate the Word ‘Phablet’ So Much






It appears we have reached Peak Phablet — and not just because sales are up and the big-screen cellphones were all over the Consumer Electronics Show this week. No, we have also reached Peak “Phablet” — the term for the popular (and quite awkward) devices has also this week been called ”horrible,” “stupid,” and ”worst word of the year” (to which we’re about two weeks in). The name itself has become as popular to loathe as the gadgets have to buy. Even linguists says so:


RELATED: Smackdown: Is There a Right Way to Speak English?






Problem No. 1: A Poor Blend


RELATED: Exploring the Character of a Bad Word


“A satisfying blend is derived from two words that overlap in their sounds, such as motor+hotel = motel, where the ‘o’ is shared,” University of Pennsylvania linguistics professor Gene Buckley wrote to us Friday. “But phone and tablet don’t share any sounds at all, so that might be why it sounds clumsy.”


RELATED: Let’s Fix Allllll Our …. Email Punctuation Problems


Problem No. 2: A Bad “ph” Scale


RELATED: The Evolution of the Emoticon


English words generally use “ph” as eff for words from Greek origin, Ben Zimmer explained today in his Word Routes column. Now “phablet” obviously isn’t Greek, but the Greek words it conjures sound kind of gross, Stanford linguistics PhD candidate Lelia Glass told us; a lot of “ph” words followed by the letter “a” happen to be body parts — ”like ‘phallus’ and ‘phalanges,’ which perhaps grosses people out,” Glass said.


RELATED: Auto-Correct Is Not Ruining Spelling


Zimmer has a different theory. “Phablet” isn’t the first non-Greek word we’ve made up with a “ph” making an eff sound, but unlike other modern word innovations — like “phat” — it doesn’t have a sense of humor, or at least not a very good one. Zimmer wrote to The Atlantic Wire:



Historically, “ph” has represented the /f/ sound only in words of Greek origin, and extensions of that spelling have been made playfully — think of the Phillie Phanatic, or “phat” in hiphop usage. In the tech world, “phreak(ing)” led the way (with the “ph-” from “phone”), and then other playful respellings such as “phishing” followed suit. But in “phablet” the “ph-” on its own isn’t really enough to suggest the “phone” component of the blend, so it ends up looking like a silly version of “fablet” (a fabulous tablet?). Of course, when the word is spoken, the connection to the “ph-” of “phone” is lost entirely.



Yes, those macho tech writers would not find a fab tablet very funny — it makes their manly gadgets sound wussy. Glass notes that the suffix “-et” or “-ette” is often used to signify cute/little things, which give “phablet“ another strike against manliness. 


Problem No. 3: A Bad Subconscious 


Face it, Zimmer adds: “Phablet” sounds too much like “flab” and “phlegm” and other words that remind us of things we don’t like. But, as we’ve noted, phablets look kind of awkward when you hold them up to your ear, despite their many other benefits. An ugly word for an ugly product, no?


Problem No. 4: A Thing Thing


Glass says we might just have “thing discrimination,” with everyone disliking the term because it represents the coming of a gadget of which they don’t approve. The techies seem to have it out for the big phones, even as people are buying them. 


Problem No. 5: A Pure Hatred


“Ultimately, such word aversion is rather arbitrary (look at the hostility against “moist,” for instance),” Zimmer told us. “Some people have a big problem with another techie blend, ‘webinar,’ but that one seems completely innocuous to me.”  


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Rookies rule at the Sony Open


HONOLULU (AP) — Two days into his PGA Tour career, Russell Henley was in the record book.


Henley putted for birdie on every hole Friday on his way to a second straight round of a 7-under 63, giving him a two-shot lead over fellow rookie Scott Langley and Scott Piercy in the Sony Open.


He was at 14-under 126, breaking the 36-hole tournament scoring record by two shots.


"It's pretty surreal," Henley said.


In the first full-field event of the season, the rookies were leading the way. All they did on another windy, warm day along the shores of Oahu was trade places atop the leaderboard. Langley opened with a 62 and followed that with a 66. That typically would be enough to stay in the lead.


Langley said he tried to stay aggressive, and then he felt he had no choice. He birdied his last three holes to reach 128.


Piercy looked as though he had a chance to catch Henley in the afternoon, even as a gentle wind turned into nothing more than a breeze, but he spent most of his time grinding over pars. A birdie on the par-5 ninth, his last hole, gave him another 64.


That means Henley and Langley will be paired together for the third straight day, this time in the last group going into the weekend.


The college graduates have been good friends for the past few years, each helping when the other was going through a bad spell. They have been linked together since they shared low amateur honors at Pebble Beach in the 2010 U.S. Open.


"It's never easy to back up a really good round, I kind of got off to a little slower start," Langley said. "But it was certainly nice to finish the way I did and kind of get back in it with Russ. He played so well, and I was just trying to keep pace as much as I can. To finish that way was really good."


The previous 36-hole record at the Sony Open was 128 by five players, most recently John Cook in 2002.


Matt Kuchar made eagle on the 18th hole to finish off a 63. He was three shots behind.


That the scores were low — six players had a 63 or better on Friday — was no surprise. Oahu hasn't received much rain over the last several months, and in tropical sunshine, the fairways were running fast and the greens were pure. And for those coming over from a windy week on Maui, it truly felt like paradise.


"Coming from last week, it feels really easy out there," Kuchar said. "This course, as simple as it seems, it's one of the tougher courses on tour. If you're not playing well, you're going to make some bogeys. ... I understand the wind is supposed to really die down over the weekend, so I certainly expect low scoring. The course is in great shape, greens are beautiful, so there's going to be a lot more birdies and foot has definitely got to be down on the pedal."


Dustin Johnson won't get a chance to match Ernie Els as the only players to sweep the two Hawaii events. Johnson, who won last week at Kapalua, withdrew after playing nine holes because of the flu.


"I feel like I'm coming down with whatever my caddie's got," said Johnson, who was 3 over at the turn. "Just not feeling well. Stomach hurts, headache, tired."


Chris Kirk made a pair of tap-in eagles — a 5-iron into the wind to 3 feet on the ninth, a 7-iron with the wind to 2 feet on the 18th — for a 62 that put him at 10-under 130 along with Tim Clark (66) and Charles Howell III (64).


Pat Perez, working on his new attitude of seeing silver linings instead of black clouds, ran off three straight birdies early in his round for a 63 and was another shot back.


The last rookie to win his PGA Tour debut was Garrett Wilson when he captured the Tucson Open in 2001, the same week as the winners-only Mercedes Championships at Kapalua. The Sony Open is only at the halfway point, which made the debut of the rookies no less impressive.


Henley took over the lead for the first time with a shot into 8 feet to a front pin on No. 2, his 11th hole of the day. With birdies on the fifth and sixth holes, it looked as though he might pull away when he stretched his lead to four shots.


Langley came to life with a 7-iron and a 20-foot birdie putt on the seventh, then a sand wedge into the par-4 eighth and more work than he wanted on the par-5 ninth, when he got up-and-down for birdie from near the hospitality tent to the right of the green.


"This feels like a Monday qualifier," Langley said of the low scores, not to mention the company he has been keeping. Langley and Henley were born two weeks apart.


They became friends after Pebble Beach when they flew together to Royal Portrush for the Palmer Cup, and they helped each other on the practice range when their games were in need of repair.


The difference was their road to the PGA Tour.


Henley won a Nationwide Tour event while still at Georgia, and then he won twice on that tour last year to easily finish among the top 25 on the money list.


Langley, a former NCAA champion from Illinois, went through a bad patch last year when he finished last in the second stage of Q-school and had no status. He kicked around the smaller tours, tried a few Monday qualifiers, and then made his way through Q-school and earned his card with two shots to spare.


They're neck-and-neck going into the weekend, both hopeful they ride their momentum.


Piercy didn't know much about them, and he wasn't alone.


"It's Russell something and Langley? I think Russell won when he was in college, right?" Piercy said. "Hey, they're playing well. I think I played in five final groups as a rookie and didn't come through. There's a learning curve. But maybe their curve is quicker than mine."


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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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India Ink: Pakistan: A New Clash in Kashmir



The Pakistani Army said Thursday that Indian troops had killed another Pakistani soldier in the latest round of clashes in Kashmir, the disputed Himalayan region. In a sudden escalation of longstanding tensions this week, each side has bitterly accused the other of violating the de facto border in Kashmir, which both sides claim in its entirety. In recent days, India said two of its soldiers had been killed by the Pakistanis, and Pakistan had earlier accused India of killing one of its soldiers. The clashes have occurred amid tentative steps by the two nations to improve relations.


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Three witnesses won’t be charged in Ohio football rape case: documents






(Reuters) – At least three members of a high school football team in Steubenville, Ohio, received word they would not be prosecuted just days before testifying against teammates accused of raping a 16-year-old girl, according to documents obtained by Reuters.


In letters from Ohio Attorney General Mike DeWine’s office addressed to each student’s lawyer, the state committed to not prosecuting Evan Westlake, Anthony Craig and Mark Cole, three witnesses for the prosecution.






But DeWine said on Thursday his office had made no deal with any of the witnesses involved in the case.


“We have offered nothing, made no promises to any witness in this case. … No deals have been cut with anybody,” DeWine told WTOV television in comments confirmed by his spokesman.


The case has unsettled Steubenville, a city of 19,000 near the Pennsylvania border where football has a powerful influence.


Community leaders have criticized authorities, voicing suspicion they have avoided charging more players who could have been involved in order to protect the school’s beloved football program.


Days after the letters were sent, all three players testified at a pre-trial hearing against teammates Ma’lik Richmond and Trenton Mays, both 16, who were charged with raping a classmate at a party attended by many teammates last August. Richmond and Mays were set to be tried as juveniles in February.


Although evidence in the criminal case showed each player “may not have conducted himself in a responsible or appropriate manner, his behavior did not rise to the level of any criminal conduct,” all three letters say. “Therefore, we will not prosecute your client for his actions on August 11-12, 2012.”


Walter Madison, an attorney who represents one of the students charged with rape, verified the letters’ authenticity, but declined to comment further.


The letters can protect the players from criminal charges, said John Burkoff, a criminal law professor at the University of Pittsburgh.


“If the government says that it won’t prosecute you and then changes its mind, you can argue that it can’t go back on that,” he said. “It’s constitutional estoppel (an impediment).”


The letter to Westlake, dated September 28, was signed by Ohio Associate Attorney General Marianne Hemmeter. The other two letters were signed by Ohio Associate Assistant Attorney General Jennifer Brumby and dated October 9, three days before the trio testified against their teammates. Brumby and Hemmeter conducted the questioning at that hearing.


Attorney General spokesman Dan Tierney said the state decided the students would go uncharged only for the crime of illegal use of a minor in nudity-oriented material.


“We would stand by the attorney general’s previous comments,” he told Reuters on Thursday.


The case shot to national prominence last week when the online activist group Anonymous made public a picture of the purported rape victim being carried by her wrists and ankles by two young men. Anonymous also released a video that showed several other young men joking about an assault.


(Editing by Daniel Trotta and Peter Cooney)


Internet News Headlines – Yahoo! News





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