Archive for March, 2007


A tire may be the cause of 5 killed in I-10 wreck

A tire may be at fault as a pickup truck veered out of control and hit a tree killing 5. Only 2 children survive.

Investigators are trying to determine if a separated tire tread may have caused a pickup truck to veer out of control and slam into a tree Thursday morning on the shoulder of the 10 Freeway in Ontario, California killing five family members, including two children.

The accident on the eastbound side of the freeway near Vineyard Avenue — along with an early-morning big-rig accident and fire on the 10 Freeway in West Covina — snarled traffic for hours during the beginning of the morning commute.

Late Thursday, the coroner identified those killed in the crash as Rene Camacho Pena, 42; Prisca Malagon Camacho, 40; driver Mercedes Malagon Ortiz, 31; Raquel Malagon Camacho, 9; and Jordy Camacho Malagon, 4, all of Ontario. Three had just moved to the area from Madera, Calif.

California Highway Patrol officials said it would be at least several days before they had an indication of what caused the single-vehicle accident involving the 2000 Ford F-150.

Seven people were in the crew-cab pickup. Two Ontario boys, ages 3 and 10, survived the high-speed accident and were hospitalized in serious condition.

CHP investigators removed the truck’s left-rear tire, where the tread appeared to have been sheared off. Officials took away the tire along with a long strip of tread.

The tire model, a Continental Contitrac AW P275/60R17, was recalled for safety reasons in 2002, National Highway Traffic Safety Administration records show.

The agency warned that a deficiency in the tire could cause the tread to detach and that the driver "could lose control of the vehicle, possibly resulting in a vehicle crash, personal injury or death."

 A tread separation combined with a high rate of speed and drastic, panicked turning could easily lead to a loss of control, but the investigation could take days to determine the preliminary cause of the crash.

The dangers of separated tire treads caught the attention of the country in 2000 after hundreds of deaths and injuries in rollover accidents involving Ford Explorers were linked to some models of Firestone tires.

Federal investigators found that many accidents were caused, in part, by tread separating from under-inflated tires.

In August 2000, Bridgestone/Firestone Inc. announced a voluntary recall of about 6.5 million tires that were supplied as original equipment on Ford Explorers and other SUVs and trucks.

In 2002, Continental Tire announced the recall of more than half a million tires installed on Ford Motor Co. sport utility vehicles after some of the tires lost their tread.

In 2003, the National Highway Traffic Safety Administration adopted tighter regulations for tire testing and performance.

Tragedy Follows Landmark Court Win

After success in a long fight against forced medication, a schizophrenic man gained freedom. But now he is accused of killing his roommate.

The man was a notorious figure in California mental hospitals. His nine-year legal battle had taken him all the way to the state Supreme Court, where he had won the right — for himself and hundreds of other mental patients — to refuse to take the psychiatric drugs prescribed by doctors.

His case was a seminal chapter in the campaign to modernize mental health treatment and give patients more control over their bodies. And in key ways, it helped transform California’s mental hospitals, with a growing number of patients rejecting their drugs, suffering psychotic breaks and lashing out in violence.

Key Justice Department Figure to Step Down

D. Kyle Sampson, the chief of staff to Atty. Gen. Alberto R. Gonzales, is leaving the Justice Department in the first fallout from the department’s bungled firing of U.S. attorneys last year, people familiar with the situation said Monday night.

Sampson, a top lawyer under Gonzales and his predecessor, John Ashcroft, had been identified by congressional Democrats as one of a handful of senior officials whom they wanted to question as part of the deepening investigation into who ordered seven federal prosecutors relieved of their duties in December and why.

The Justice Department is expected to provide further details of its handling of the matter in briefings to congressional leaders this morning, said the sources, who declined to be identified because they were not authorized to speak and because it was a personnel matter.

The House and Senate Judiciary committees also announced Monday that they would ask President Bush’s longtime political strategist, Karl Rove, to testify as part of the widening investigation into White House involvement in the politically charged affair.

The White House confirmed Monday night that in early 2005 White House Counsel Harriet E. Miers raised the idea that all 93 U.S. attorneys be replaced at the start of the second Bush term. That suggestion, made to Sampson, was first reported in today’s Washington Post.

White House spokeswoman Dana Perino said the conversation was revealed as the Justice Department was preparing Sampson to testify before Congress about the replacement of the U.S. attorneys last year. The Post reported that Sampson resigned because he had failed to tell other Justice Department officials about the extent of his contacts with the White House.

Justice Department officials downplayed the firings when they were first reported, attempting to describe them as routine. Deputy Atty. Gen. Paul J. McNulty told a congressional panel that they were performance-related.

But that sparked a round of protests from the targeted attorneys, all Republican appointees. Some of them subsequently testified in congressional hearings that they thought they were let go for political reasons, including failing to pursue cases of public corruption against Democrats.

Parents Blame VA in Fatal Overdose

Iraq war veteran Justin Bailey checked himself in to the West Los Angeles VA Medical Center just after Thanksgiving.

Among the first wave of Marines sent into battle, the young rifleman had been diagnosed since his return with posttraumatic stress disorder and a groin injury. Now, Bailey acknowledged to his family and a friend, he needed immediate treatment for his addiction to prescription and street drugs.

On Jan. 25, Justin Bailey got prescriptions filled for five medications, including a two-week supply of the potent painkiller methadone, according to his medical records.

A day later, he was found dead of an apparent overdose in his room at a VA rehabilitation center on the hospital grounds. He was 27.

The Los Angeles County coroner’s office is awaiting toxicology reports and has not ruled on the cause of death. Numerous other investigations are underway, including one by the Department of Veterans Affairs.

Whatever the outcome, Bailey’s family and friends hold the VA directly responsible. The young man’s medical records contain multiple references to his history of abusing prescription drugs — even a note about a warning from his concerned mother.

In view of that, his father wonders, why was Bailey allowed to administer his own medication?

Hospital officials say the death has prompted immediate reforms — including more random urine tests, increased staffing on weekend nights and room checks for drugs.

The death comes amid a national furor over the poor treatment and squalid conditions experienced by some patients at Walter Reed Army Medical Center in Washington, D.C.

Even before the scandal broke, however, questions had arisen nationally about the ability of military and VA hospitals to handle the influx of Iraq veterans with post-traumatic stress disorder, or PTSD.

An Army-funded study published in January in the American Journal of Psychiatry found that almost one in five combat veterans returning from Iraq suffered from PTSD, which increases the risk of substance abuse. Many of those returning troops also suffer physical pain.

U.S. Attorneys Often Clash with Washington

The corpse was never found. Nor could police in Phoenix turn up the gun. They did have a suspect, but the evidence against Jose Rios Rico for shooting Angela Pinkerton came mostly from addicts and drug dealers.

U.S. Atty. Paul Charlton didn’t think the case merited the death penalty. But his superiors in Washington overruled him in August — they wanted the ultimate punishment.

Charlton is one of eight U.S. attorneys recently fired by the Bush administration. Their departures, which normally might have gone unnoticed, have sparked political outrage on Capitol Hill, where Democrats are charging that the Republican-led Justice Department removed competent prosecutors for political reasons, including two instances in which prosecutors did not bring charges that might have helped Republican candidates.

The growing dispute is beaming a spotlight on the inner workings of federal law enforcement and its linchpin U.S. attorneys system. It is a system whose dynamics are rarely in public view and whose tensions have often played out in the West: the tug and play between prosecutors in the field and top Justice officials in Washington; the efforts by regional offices, where cases are tried, to set their own priorities and guard their autonomy; the clashes that occur when those local decisions run into the dictates of Washington.

The cold war between the Justice Department and the 94 districts can be more strained the farther they are from Washington. Indeed, the eight fired prosecutors included two from San Diego and one each from Washington state, Arizona, Nevada and New Mexico.

In Seattle, John McKay had followed his older brother into the top spot at the U.S. attorney’s office. He also had an eye on a federal judgeship someday. Instead, he got bounced, he said, after senior White House officials became displeased over his inaction during a 2004 recount in a razor-thin governor’s race, which a Democrat ultimately won.

In Little Rock, Ark., H.E. "Bud" Cummins III was pushed aside, he was told, to make room for a GOP operative for White House political guru Karl Rove.

In San Diego, Carol Lam notched her belt with the conviction of Republican Rep. Randy "Duke" Cunningham of Rancho Santa Fe, only to become embroiled in a political spat with Washington over illegal immigration. She too was let go.

Also shown the door was David C. Iglesias of Albuquerque. Democrats charge that his departure is linked to veiled attempts by two Republican lawmakers to speed up action on a Democratic corruption scandal before last year’s midterm election.

U.S. attorneys are appointed by the president and serve at his pleasure. They can be fired at his whim. But what has made these dismissals remarkable is that most of them were done the same day, Dec. 7. The firings were followed by a strong hint from Washington that the group should not make any noise in the media or before Congress.

As originally structured, the system gave prosecutors leeway to decide which cases to take, when to serve subpoenas and whom to target with indictments. Washington has tended to serve a supporting role, providing resources and expertise to carry out investigations and trials, and prodding the district offices on the president’s top priorities, such as immigration and drugs.

More recently, especially since Sept. 11, 2001, Washington seems to be taking a greater role in overseeing cases.

Daniel G. Bogden, U.S. attorney in Las Vegas until his recent firing, felt the tension of competing priorities. The Justice Department, he said, wanted him to stay vigilant on a raft of issues, particularly terrorism, violent crime and drug enforcement. At the same time, being in a Western state where gambling is legal, he tried to concentrate on public corruption, money laundering and fraud.

That made it all the more baffling when he was fired and was not afforded a reasonable answer for his dismissal, he said. First, Justice Department officials cited unspecified performance issues. Next, it was policy issues, he said. This past week he learned he was replaced to make room for "new blood."

FDA Orders Warning on Three Anemia Drugs


The Food and Drug Administration said Friday that three widely used anemia drugs sold by Amgen Inc. and Johnson & Johnson would be required to carry a safety warning that they could cause serious side effects, including death, when used in higher doses and given to some patients.

The news was another setback for Amgen, which sells two of the three medications under the names Epogen and Aranesp. They account for nearly half of the Thousand Oaks-based biotech giant’s revenue. Amgen stock fell 2.1% on the announcement.

The largely expected "black-box warning" — the strongest type possible for prescription drugs — could prompt doctors to pull back even further on prescribing the drugs. Many doctors had already cut usage of the treatments, prescribed to more than 1 million people in the U.S. each year, in the wake of five research reports in recent months that raised serious safety questions about the drugs when used by some patients.

None of the studies have been conclusive, but the number and pace of the research have raised worries among doctors, federal regulators and Congress.

The drugs, all from the same class of the drug erythropoietin, are sold under the brand name Procrit by Johnson & Johnson, and Epogen and Aranesp by Amgen.

The medications, which help kidney and cancer patients who become anemic from needing repeated and potentially dangerous blood transfusions, have become enormously popular in recent years and are now the largest medicine expense for the federal Medicare program.

In a statement, the FDA said it was reevaluating the safety of the drugs in light of recently completed studies that showed an increased risk of death, blood clots, strokes and heart attacks in some patients when given at higher-than-recommended doses.

In other studies, more rapid tumor growth occurred in patients with head or neck cancer who received higher doses.

In a news conference Friday, Richard Pazdur, director of the FDA’s cancer drug office, said the agency had recommended that doctors use the lowest doses needed to help patients avoid blood transfusions.

A separate FDA panel is expected to review the use of the drugs in oncology patients in the coming weeks. And Congress is expected soon to follow up on hearings it had begun late last year on the safety and costs of the anemia products.

In a statement, Amgen said it would immediately comply with the FDA’s decision and revise the label for its drug.

Amgen "is committed to providing timely and appropriate communications to physicians and patients whenever we become aware of new safety information that could affect clinical practice," the company said.

Erythropoietin drugs are typically prescribed to boost levels of hemoglobin in the blood to 12 grams a deciliter, although some doctors use higher doses to raise the hemoglobin above that in certain cases with the hope it will produce better results. The normal hemoglobin level is about 15 grams per deciliter.

Many physicians defend the practice but critics point out that oncologists make a significant share of their income buying cancer drugs at wholesale prices and then selling them to patients for a higher price.

House Expands Prosecutor Firing Inquiry

The House Judiciary Committee on Friday broadened its investigation into the firing of eight top federal prosecutors, calling on the White House to provide legal documents and make current and former senior officials available for interviews — including former White House Counsel Harriet E. Miers.

The Democratic-controlled panel is investigating whether the firings in December were part of a political vendetta against prosecutors who did not bring criminal cases that would have hurt Democratic candidates in last year’s midterm election. There is also concern that Washington officials may have imposed political or ideological litmus tests on prosecutorial decisions.

Specifically, the committee is requesting interviews with Miers and White House Deputy Counsel William Kelley, and is asking the administration "to produce relevant documents, including White House communications on the firings with the Justice Department and members of Congress."

Two of the dismissed prosecutors — David C. Iglesias of Albuquerque and John McKay of Seattle — told the committee this week of phone calls from Republican lawmakers inquiring about possible investigations into Democratic activities at the time of the November election.

Another fired U.S. attorney, H.E. "Bud" Cummins III of Little Rock, Ark., said he was told by Washington that he was being moved out to make room for Timothy Griffin, a Republican operative for chief White House political advisor Karl Rove.

U S. Attorneys serve at the pleasure of the White House.

Border Agent Acquitted

A federal jury in Tucson on Friday acquitted Border Patrol Agent Ephraim Cruz of charges that he smuggled another agent’s girlfriend across the border from Mexico to the U.S.

Cruz, 34, had been prosecuted as part of a series of cases against agents who had dated — and in some cases married — illegal immigrants.

During his two-week trial, Cruz testified that he had given the woman a lift in January 2005 when he was driving home from a bar in Agua Prieta, Mexico, and saw her walking back to the United States. He said he knew her as the girlfriend of another agent in the Douglas, Ariz., station and had seen her at numerous social gatherings.

Prosecutors argued Cruz knew that the woman was in the U.S. illegally because she once told him that her boyfriend had threatened to deport her. Cruz and his attorney, Roger Sigal, maintained that the prosecution was retaliation for memos the agent wrote about overcrowding and abuse of detained immigrants.

Two Border Patrol agents and a U.S. Immigration and Customs Enforcement officer, who have since left law enforcement, did not fight charges that they helped illegal immigrants with whom they had relationships.

Washington D.C. Gun Ban Bites the Dust

A U.S. appeals court on Friday struck down a strict ban on owning firearms in the nation’s capital, setting the stage for the Supreme Court to rule on the scope of the 2nd Amendment and whether it expressly protects a person’s right to own a gun.

Lawyers on both sides of the gun-control debate called the decision significant: It was the first time a federal appeals court has voided a gun law on the basis of the 2nd Amendment, they said.

For that reason, the case is expected to reach the nation’s highest court.

If the justices were to agree with the lower court, the ruling would not likely sweep aside the many laws that regulate guns and gun ownership. However, it could cast doubt on measures that forbid law-abiding residents from possessing a weapon.

Although the 2nd Amendment is among the best known provisions of the Constitution, it has had remarkably little effect on the law.

Gun owners, led by the National Rifle Assn., have spotlighted the amendment’s reference to "the right of the people to keep and bear arms" in waging political battles against efforts to limit the availability of weapons.

But in the Supreme Court’s only major ruling that interpreted the amendment, it focused on the measure’s opening words, which speak of  "a well regulated militia being necessary to the security of a free state."

In upholding a federal law against transporting machine guns across state lines, the justices dismissed the 2nd Amendment as being concerned only with "the preservation of … a well regulated militia."

Friday’s ruling by the U.S. Court of Appeals for the District of Columbia may cause the justices to reconsider that conclusion. Breaking with precedent, the 2-1 decision said the government may not forbid residents from owning "functional firearms" for self-defense at home.

The District of Columbia law barred virtually all of the city’s residents from keeping in their homes handguns that had not been registered before 1976. Exceptions were made for active-duty and retired police officers.

Fired US Attorneys testify before Congress

A fired federal prosecutor described Tuesday how two Republican lawmakers from New Mexico made him feel "sick" after they called him — in one case at his home — to ask about criminal charges against Democrats last fall, just as one of the officeholders faced a tight reelection race.

The former prosecutor, David C. Iglesias, told congressional committees investigating the firing of him and seven other U.S. attorneys that in mid-October, Rep. Heather A. Wilson grilled him over the phone for information about possible sealed indictments in a call to his hotel room in Washington.

Two weeks later, Iglesias said, Sen. Pete V. Domenici called him at home, expressed disgust that there would be no indictments against Democrats in New Mexico before the November election, and slammed down the phone.

The testimony of Iglesias and five other former U.S. attorneys ratcheted up the controversy over the Bush administration’s motives in replacing them. Two Democratic-controlled congressional committees are investigating whether any lawmakers violated ethics rules in pushing for their removal.

In a rare spectacle, the ousted prosecutors appeared at a pair of hearings on Capitol Hill, all of them responding to subpoenas and sharing their disbelief and frustration over how they were abruptly terminated by Justice Department officials.

The prosecutors said they could see no clear reason why they were let go other than political motives, noting that supervisors in Washington had praised their work and given them glowing performance evaluations since President Bush took office in 2001.

Administration officials also have noted that U.S. attorneys are political appointees — a fact clearly understood by the fired prosecutors — who serve at the pleasure of the president and can be removed at any time for any reason.

 

Ted Bills