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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Ruby's Diner chief Doug Cavanaugh's ingredients for success

The gig: As founder and chief executive of Ruby Restaurant Group, Doug Cavanaugh oversees a chain of 37 Ruby's Diner restaurants in six states, including eateries at five airports. His first Ruby's Diner, which opened in 1982, was a renovated bait shop on Balboa Pier in Newport Beach that had been slated for demolition. The Irvine company celebrated its 30-year anniversary in December.

Hometown boy: Cavanaugh, 56, was born and raised in Los Angeles, where he lived until he was 12, before moving to Tustin, where his mother still lives in his childhood home. He has fond memories of Los Angeles. He often biked past the oil fields near Baldwin Hills and watched cars race at the Ascot Park speedway in Gardena. "I grew up in L.A. in the golden age," he says. "When the streetlights came on, it was time to come home."

The summer they moved to Orange County, Cavanaugh's family stayed in a motel near Disneyland while their house was being built. Cavanaugh spent nearly every day at Disneyland that summer, and says the theme park's rigorous attention to detail and focus on providing a unique experience left an impression. "I got my MBA in Disney at the age of 12," he jokes. "I've really tried to bring those principles to Ruby's."

An enterprising tradition: What he didn't glean from "The happiest place on Earth," Cavanaugh says he learned from his father, who ran a real estate and construction business. "My dad was a classic entrepreneur, a hardworking guy," he says. Cavanaugh would drive with his father to construction sites or sit beside him at meetings. His first job, at the age of 8, was sterilizing copper pipes for the construction crews, for which he was paid 50 cents an hour, as he remembers it. "And I was happy to get it."

In high school, he formed a business of his own, scrubbing down boats with a school buddy at Newport Harbor — though, he admits, it was really to meet girls. When he graduated with a marketing degree from USC in 1979, Cavanaugh was looking for his next big venture.

The real estate pages: It came to him on Mother's Day of 1980, as he and some of his friends were flipping through The Times as they sat in a hot tub. There in the real estate pages was an advertisement for nine acres of oceanfront property on Nantucket Island, complete with cottages, a restaurant and a pool. They flew out east to investigate, and within months Cavanaugh had opened his first restaurant, the Summer House, with his partners. "It was really intoxicating because it clicked very quickly," Cavanaugh says.

He received a crash course in the restaurant business from a partner, his ex-girlfriend's mother. He developed recipes, culled ingredients and tended bar. Soon, patrons were flying private jets in from New York City just for dinner. "It was instant gratification.... You knew exactly how well you did that day," says Cavanaugh, and he instantly fell in love with the restaurant business.

But the West Coast, his family and a certain dilapidated bait shop at the end of a pier were beckoning.

A jog that changed it all: He saw the building one day jogging on the beach near the Balboa Pier. It stood abandoned with a huge redwood tub in the center that once held bait. "It was in terrible shape; it was about ready to fall down," Cavanaugh says.

The bait shop was constructed in 1940 in the "streamline modern" style, something Cavanaugh says screamed "diner." When he approached the city originally, officials dismissed him as young and inexperienced. In 1982, he sold his stake in the Nantucket restaurant and returned. "I didn't make a dime. But I got my education," Cavanaugh says. "I now viewed myself as this worldly restaurateur of 26."

Cavanaugh and his new partner, junior high buddy Ralph Kosmides, pleaded with the city to let them restore the building, which leaders had planned to tear down. This time, the city relented. Cavanaugh and Kosmides embarked on a "stick-by-stick" restoration of the place, doing much of the work themselves. They pored over literature about '40s diners and scoured antique shops for vintage Coca-Cola signs, cigarette machines and red vinyl booths until the 45-seat diner was just right. Customers often mistakenly think the restaurant has been around since the 1940s.

The namesake: Cavanaugh planned to name the diner after his mother, but first he had to ask her permission. "It was what good sons do," Cavanaugh says. But Ruby, who'd always thought her name was too old-fashioned, said no. "I ignored her and did it anyway," says Cavanaugh, and on opening day that December, he walked his mother down the long pier and unveiled the glowing sign. "There she saw her name in neon," he says. Ruby playfully swatted his arm.

"She's just the perfect mascot because she represents that era very well," Cavanaugh says of his mother, who grew up in Missouri and moved to Los Angeles as a teenager in the 1940s. Her likeness, adapted from a photo of her as a cheerleader at L.A.'s Fremont High School, adorns every menu. Today, Cavanaugh says, his mother, now 90, enjoys being a celebrity. Young patrons often ask for her autograph when she dines at her namesake restaurant.

'Ruby magic': On opening day, the restaurant pulled in a grand total of $65. By the second year, revenue topped $1 million, and Cavanaugh began focusing on expanding to other pier-front locations. By 1990, the company's seven locations brought in a reported $8 million and employed 650 workers in the busy season. The chain, which began franchising in 1989, grew rapidly, adding 27 restaurants in the 1990s.

Throughout, Cavanaugh says, the restaurants have focused on maintaining quality and adapting to changing tastes. The waitresses still wear red candy-striped dresses and the clam chowder is made with real cream, but the menu also boasts chicken tacos and healthful options. The chain recruits and trains staff centrally and extols the values of "Ruby magic," and periodically inspects locations for quality and service standards. During a recent visit to the original Balboa Pier location, Cavanaugh noticed a handwritten "Take Out" sign in the to-go window. Employees were instructed to take it down so that a properly printed sign could be hung.

What's next: Ruby's Diner has managed to weather the recession despite "flat" sales, a fact that Cavanaugh says amazes him. Cavanaugh credits the chain's ability to capture customers who are wary of the expense of sit-down dining but want a step up from fast food. But Cavanaugh sees "fast-casual" as the next wave of growth for the restaurant chain, as the company explores adding locations in smaller footprints like food courts and airports, which Cavanaugh considers "brand builders."

Cavanaugh says his business has always had "fits and starts" — the Seal Beach location closed Jan. 7 over a lease dispute after 25 years on the pier. But as the company enters its 31st year, Cavanaugh says he's ready. "I'm always looking for the next restaurant, always trying to find the next opportunity."

christine.maiduc@latimes.com

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Nearly one-third of U.S. homeowners have no mortgage

What mortgage meltdown?

While millions of Americans have suffered the angst of lost homes, equity and pride, nearly a third of the nation's homeowners have no mortgage at all, according to an estimate released Thursday by real estate website Zillow.

The free-and-clear class includes, predictably, retirees who have chipped away at their debts for decades, but also a surprisingly high percentage of young people and those who live in relatively affordable regions. In Los Angeles and Orange counties, only 20.7% of homeowners owned their properties outright, reflecting the region's pricey real estate.

Economists and housing analysts said that Zillow's estimates are in line with historical norms. But the proportion of these owners is likely to grow as the nation's baby boomers reach retirement. The fact that they can pay cash when they move will make them increasingly important players in a recovering housing market.

"Those are the people who have the greatest flexibility," said Svenja Gudell, a senior economist with Zillow.

As the economy picks up, regions with high percentages of free-and-clear owners probably will get a boost.

"That means there is a lot more disposable income," said Celia Chen, a housing economist with Moody's Economy.com. "That is positive for the local economy."

Out of the nation's largest metro areas, Pittsburgh, Tampa, New York, Cleveland and Miami had the highest percentages of mortgage-free homeowners. Washington, Atlanta, Las Vegas, Denver and Charlotte, N.C., had the lowest.

Throughout the Southland, the percentage of mortgage-free homeowners varied little by county. San Bernardino had the lowest percentage of free-and-clear homeowners, at 19.7%, and San Diego had the highest, at 21.5%. That compares with 29.3% nationally — or nearly 21 million homeowners.

A big factor in regional variation is median home values, with lower-priced areas not surprisingly having higher outright ownership rates.

Zillow also found that the nation's most elderly were the most likely to own their homes, with 77.6% of those 85 and older owning their homes outright, followed by those ages 74 to 84, at about 62.7%. One outlier was those homeowners ages 20 to 24. Out of that relatively young demographic, about 34.5% owned their homes outright. These homeowners could be young millionaires, those with trust funds or those who received help from their parents.

People who own their homes outright have always been a significant part of the housing market, said Guy Cecala, publisher of Inside Mortgage Finance. But the recent financial crisis may drive more people toward the financial security of having no house note.

"Clearly that is going to be a growing trend as our population ages," Cecala said. "The credit crisis has pushed more and more people to think that the best way they can prepare for retirement is with no mortgage at all."

Delia Fernandez, a certified financial planner in Los Alamitos, said that even with interest rates so low, those seeking her guidance for retirement often want to pay off debts. And that makes sense, particularly for those nearing retirement.

"The financial argument has always been to borrow other people's money and invest the rest," she said. But "that higher rate of return is not always guaranteed.… In the meantime, as you get closer and closer to retirement, people want to take on less and less risk."

Victor Robinette, a certified financial planner with Raymond James Financial Services Inc. in South Pasadena, said customers have been asking him more often these days about paying off the mortgage.

"During the boom days, and before, there was hardly any interest in paying off debt because people were so confident that the value of their home was going to go up," Robinette said. "Nowadays, after four or five years of being bruised, people really appreciate the comfort of having the house paid off. And so many people still have concerns about possibly losing their livelihood."

alejandro.lazo@latimes.com

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Skype founder browses globe for next tech earner

LONDON (Reuters) – Niklas Zennstrom, co-founder of internet phone service Skype, believes the next hot tech business will just as likely spring from Istanbul or Sao Paolo as from Silicon Valley or the coolest districts of London.

And he is prepared to fly around the world to find it.

“Talent can pop up anywhere in the world, it’s not just one city block,” the Swedish entrepreneur and venture capitalist said at the headquarters of his Atomico fund, based on upmarket New Bond Street in central London.

Zennstrom, who retains faint traces of a Swedish accent despite his years of globetrotting, is looking for start-ups ready to shift up a gear into new markets and has the experience, gained from growing Skype into a service used by millions around the world, to help them.

Skype was sold to eBay Inc in 2005 for roughly $ 3 billion, before being bought back by a consortium including Zennstrom in 2009 and then two years later sold on to Microsoft Corp for $ 8.5 billion, leaving him a multi-millionaire.

“If you have a product that works it’s important to scale (up) the business as quickly as possible,” said Zennstrom, named by Time Magazine in 2006 as one of its 100 most influential people. “As entrepreneurs, usually you may not have that experience; how does Asia work? Europe? Latin America?”

Atomico, founded by Zennstrom in 2006, has invested in companies in northern Europe including Finland-based Rovio, developer of Angry Birds, and Hailo, a London-based startup that has developed an app that connects passengers with taxi drivers and has raised $ 20 million so far.

It also led a $ 105 million funding round for U.S. online retailer Fab in July.

FUTURE PORTFOLIO

The investment fund, whose London office reception is decked out with simple designer furniture and modern art pieces, has opened offices in Turkey and Brazil, emerging markets with growing middle classes eager to shop online and buy internet services.

Zennstrom wants to make these markets a large part of Atomico’s portfolio in future.

The firm in 2011 backed Brazilian online retailers such as car parts supplier Connect Parts and announced a $ 16 million investment in a Russian online travel agency in October.

Atomico is not necessarily looking for the latest gizmo or internet trend, but savvy businesses with talented leaders who can take advantage of growth in nascent sectors such as e-commerce.

And Zennstrom, softly spoken and wearing an open-necked shirt and dark jacket, believes emerging market growth is fuelling a new breed of optimism and ambition.

“It’s a much more of an entrepreneurial spirit (in Turkey and Brazil) compared to southern European where it’s a depressed mindset,” he said.

Zennstrom earned his stripes in the tech world after helping launch file-sharing service Kazaa more than a decade ago, which failed as a business but paved the way for Skype.

He said getting investment today was far easier than when he was starting Skype. It took him a year to secure funding, whereas today the most talented entrepreneurs with the best ideas could take their pick of investors.

There is also increasing recognition that entrepreneurs might want to realize some of the value of their creations, something he said was lacking when Skype became successful.

“There was really no IPO market and it was not really accepted for founders to sell some of their shares to get some money off the table,” he said, adding that before Skype was sold to eBay, he could not even secure a mortgage on an apartment.

“I think we made the right decision for the time in terms of selling (Skype),” he said. “Today as an entrepreneur you have more options.”

(Editing by David Holmes)

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Affleck, Argo win big at Critics' Choice Awards

LOS ANGELES (AP) — Hours after a surprise snub in Academy Award nominations, Ben Affleck won best director and his film "Argo" was named best picture at the Critics' Choice Movie Awards.

Affleck, whose film was nominated for seven Oscars including best picture but not best director, accepted the award Thursday night at the Broadcast Film Critics Association's 18th annual awards in Los Angeles, joking as he took the trophy that he'd "like to thank the Academy."

Daniel Day-Lewis from "Lincoln" and Jessica Chastain from "Zero Dark Thirty" both added to earlier Oscar nods with Critics' Choice wins in the top acting categories.

Philip Seymour Hoffman won best supporting actor for his role in "The Master" and Anne Hathaway won best supporting actor for "Les Miserables."

The ceremony was broadcast on the CW network.

___

The night's winners:

Best Picture: Argo

Actor: Daniel Day-Lewis

Actress: Jessica Chastain

Supporting Actor: Philip Seymour Hoffman

Supporting Actress: Anne Hathaway

Young Actor/Actress - Quvenzhane Wallis

Acting Ensemble: Silver Linings Playbook

Director: Ben Affleck

Original Screenplay: Quentin Tarantino

Adapted Screenplay: Tony Kushner

Cinematography: Claudio Miranda (Life of Pi)

Art Direction: Sarah Greenwood/Katie Spencer (Anna Karenina)

Editing: William Goldenberg/Dylan Tichenor (Zero Dark Thirty)

Costume Design: Jacqueline Durran (Anna Karenina)

Makeup: Cloud Atlas

Visual Effects: Life of Pi

Animated Feature: Wreck-It Ralph

Action Movie: Skyfall

Actor in an Action Movie - Daniel Craig

Actress in an Action Movie - Jennifer Lawrence

Comedy - Silver Linings Playbook

Actor in a Comedy - Bradley Cooper

Actress in a Comedy - Jennifer Lawrence

Sci-Fi/Horror Movie - Looper

Foreign Language Film - Amour

Documentary Feature - Searching for Sugarman

Song - Skyfall

Score - John Williams

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Online:

www.criticschoice.com

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The New Old Age Blog: Taking a Zen Approach to Caregiving

You try to help your elderly father. Irritated and defensive, he snaps at you instead of going along with your suggestion. And you think “this is so unfair” and feel a rising tide of anger.

How to handle situations like this, which arise often and create so much angst for caregivers?

Jennifer Block finds the answer in what she calls “contemplative caregiving” — the application of Buddhist principles to caregiving and the subject of a year-long course that starts at the San Francisco Zen Center in a few weeks.

This approach aims to cultivate compassion, both for older people and the people they depend on, said Ms. Block, 49, a Buddhist chaplain and the course’s lead instructor. She’s also the former director of education at the Zen Hospice project in San Francisco and founder of the Beyond Measure School for Contemplative Care, which is helping develop a new, Zen-inspired senior living community in the area.

I caught up with Ms. Block recently, and what follows is an edited transcript of our conversation.

Let’s start with your experience. Have you been a caregiver?

My experience in caregiving is as a professional providing spiritual care to individuals and families when they are facing and coping with aging and sickness and loss and dying, particularly in hospital and hospice settings.

What kinds of challenges have you witnessed?

People are for the most part unprepared for caregiving. They’re either untrained or unable to trust their own instincts. They lack confidence as well as knowledge. By confidence, I mean understanding and accepting that we don’t know all the answers – what to do, how to fix things.

This past weekend, I was on the phone with a woman who’d brought her mom to live near her in assisted living. The mom had been to the hospital the day before. My conversation with the daughter was about helping her see the truth that her mother needed more care and that was going to change the daughter’s responsibilities and her life. And also, her mother was frail, elderly, and coming nearer to death.

That’s hard, isn’t it?

Yes, because we live in a death-denying society. Also, we live in a fast-paced, demanding world that says don’t sit still — do something. But people receiving care often need most of all for us to spend time with them. When we do that, their mortality and our grief and our helplessness becomes closer to us and more apparent.

How can contemplative caregiving help?

We teach people to cultivate a relationship with aging, sickness and dying. To turn toward it rather than turning away, and to pay close attention. Most people don’t want to do this.

A person needs training to face what is difficult in oneself and in others. There are spiritual muscles we need to develop, just like we develop physical muscles in a gym. Also, the mind needs to be trained to be responsive instead of reactive.

What does that mean?

Here’s an example. Let’s say you’re trying to help your mother, and she says something off-putting to you like “you’ve always been terrible at keeping house. It’s no wonder you lost my pajamas.”

The first thing is to notice your experience. To become aware of that feeling, almost like being slapped emotionally. To notice your chest tightening.

Then I tell people to take a deep breath. And say something to themselves like “soften” to address that tightness. That’s how you can stay facing something uncomfortable rather than turning away.

If I were in this position, I might say something to myself like “hello unhappiness” or “hello suffering” or “hello aging” to tether myself.

The second step would be curiosity about that experience. Like, wow, where do I feel that anger that rose up in me, or that fear? Oh, it’s in my chest. I’m going to feel that, stay with it, investigate it.

Why is that important?

Because as we investigate something we come to understand it. And, paradoxically, when we pay attention to pain it changes. It softens. It moves. It lessens. It deepens. And we get to know it and learn not to be afraid of it or change it or fix it but just come alongside of it.

Over hours, days, months, years, the mind and heart come to know pain. And the response to pain is compassion — the wish for the alleviation of pain.

Let’s go back to what mother said about your housekeeping and the pajamas. Maybe you leave the room for five minutes so you can pay attention to your reaction and remember your training. Then, you can go back in and have a response rather than a reaction. Maybe something like “Mom, I think you’re right. I may not be the world’s best housekeeper. I’m sorry I lost your pajamas. It seems like you’re having a pretty strong response to that, and I’d like to know why it matters so much to you. What’s happening with you today?”

Are other skills important?

Another skill is to become aware of how much we receive as well as give in caregiving. Caregiving can be really gratifying. It’s an expression of our values and identity: the way we want the world to be. So, I try to teach people how this role benefits them. Such as learning what it’s like to be old. Or having a close, intimate relationship with an older parent for the first time in decades. It isn’t necessarily pleasant or easy. But the alternative is missing someone’s final chapter, and that can be a real loss.

What will you do in your course?

We’ll teach the principles of contemplative care and discuss them. We’ll have homework, such as ‘Bring me three examples of someone you were caring for who was caring toward you in return.’ That’s one way of practicing attention. And people will train in meditation.

We’ll also explore our own relationship to aging, sickness, dying and loss. We’ll tell our stories: this is the situation I was in, this is where I felt myself shut down, this was the edge of my comfort or knowledge. And we’ll teach principles from Buddhism. Equanimity. Compassion. Deep inner connectedness.

What can people do on their own?

Mindfulness training is offered in almost every city. That’s one of the core components of this approach.

I think every caregiver needs to have their own caregiver — a therapist or a colleague or a friend, someone who is there for them and with whom they can unburden themselves. I think of caregiving as drawing water from a well. We need to make sure that we have whatever nurtures us, whatever supplies that well. And often, that’s connecting with others.

Are other groups doing this kind of work?

In New York City, the New York Zen Center for Contemplative Care educates the public and professionals about contemplative care. And in New Mexico, the Upaya Zen Center does similar work, much of it centered around death and dying.

People who want to read about this might want to look at a new book of essays, “The Arts of Contemplative Care: Pioneering Voices in Buddhist Chaplaincy and Pastoral Work” (Wisdom Publications, 2012).

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Stocks open lower; S&P 500 eases below 5-year high

Stocks are opening slightly lower on Wall Street, pulling the Standard & Poor's 500 index below a five-year high it reached the day before.

The Dow Jones industrial average was down 17 points at 13,453 shortly after the opening bell Friday.

The S&P 500 index was down a point at 1,471. The Nasdaq composite index was down less than a point at 3,121.

Wells Fargo fell 2 percent after the bank reported that mortgage lending slowed from the third quarter, even as its revenue and per-share income beat Wall Street's estimates. Wells Fargo is the first major lender to report fourth-quarter earnings.

Best Buy rose 9 percent. The struggling electronics retailer reported that its online revenue rose during the holiday season and U.S. sales were better than in recent quarters.

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Irvine City Council overhauls oversight, spending on Great Park

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

mike.anton@latimes.com

rhea.mahbubani@latimes.com

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Netflix announces ‘Super HD’ and 3D streaming for select ISPs

Netflix (NFLX) on Tuesday announced new enhanced streaming options for users on select ISPs. Following a series of rumors that suggested as much, Netflix has confirmed the availability of “Super HD” streaming — which is simply Netflix’s branding for 1080p content — and 3D video streaming. Both services are available immediately with a huge caveat: only Netflix subscribers with Cablevision or Google Fiber Internet service have access to the new content. For those lucky subscribers, Super HD and 3D content is accessible using a number of devices including the Wii U, compatible Roku players, the Apple TV, Windows 8 PCs and select smart TVs and Blu-ray players. Netflix’s full press release follows below.

Netflix “Open Connect” Delivery Network Gains Widespread Global Acceptance
Cablevision Most Recent Major Provider to Join Open Connect
New Super HD and 3D Video Formats Available on Open Connect

[More from BGR: Apple’s next iPhone to reportedly feature larger screen and ‘brand new exterior design’]

Jan 8, 2013

LAS VEGAS, Jan. 8, 2013 /PRNewswire/ — Netflix Open Connect, the single purpose video content delivery network launched last year, is now delivering the majority of Netflix international traffic and is growing at a rapid pace in the domestic market.

In early 2012 Netflix began enabling Internet service providers (ISPs) to receive, at no cost to them, Netflix video directly at the interconnection point of the ISP’s choice. By connecting directly through Open Connect, ISPs can more effectively manage their networks and more efficiently deliver Internet services to consumers, including the more than 1 billion hours of Netflix TV shows and movies consumers watch every month.

Netflix Open Connect is now widely deployed around the world, serving the vast majority of Netflix video in Europe, Canada and Latin America, and a growing proportion in the U.S., where Netflix has over 25 million streaming members.

“Leading-edge ISPs around the world such as Cablevision, Virgin Media, British Telecom, Telmex, Telus, TDC, GVT, among many others, are already participating in Open Connect to provide the highest-possible quality Netflix service to consumers,” said Netflix Chief Executive Officer Reed Hastings. “Our goal is to have all of our members served by Open Connect as soon as possible.”

“Optimum is committed to providing the highest-quality TV, phone and Internet to our customers, and our new partnership with Netflix supports this critical objective,” said James L. Dolan, president and CEO of Cablevision, the most recent major provider to join Open Connect. “With Open Connect, we are establishing a direct local connection with Netflix that delivers a higher-quality Netflix viewing experience for Optimum customers than Verizon or AT&T can provide, including access to new Netflix Super HD and 3D TV shows and movies.”

Netflix Super HD and 3D

Now available through Open Connect partners, Netflix Super HD is the highest quality video format offered by Netflix, providing an even better picture on 1080p HDTVs.

In the U.S., Netflix is also for the first time offering a small number of titles streaming in 3D through Open Connect partners. Available for 3D viewing are, among other titles, the action fantasy drama “Immortals,” Red Bull Media House’s snowboarding documentary “The Art of Flight,” and a number of titles from the Discovery/Sony/Imax joint venture 3net Studios – including the native, original 3D series “African Wild,” “Scary Tales,” and “Live Fire.” Depending on member demand, Netflix will consider adding 3D titles and expanding availability to international markets.

“These new Super HD and 3D formats are more challenging to deliver than our other video streams, which is why we will deliver them through Open Connect,” said Ken Florance, vice president of content delivery at Netflix. “Any ISP that wants to be able to deliver our new formats can do so easily and for free.”

Netflix members can verify if their ISP is part of Open Connect and provides access to Netflix Super HD and, in the U.S. only, 3D on this Web site: http://www.netflix.com/superhd

ISPs that are not yet on Open Connect can contact Netflix at openconnect.netflix.com to start their Open Connect relationship. As part of Open Connect, Netflix is also sharing its hardware design and the open source software components. These designs are suitable for any other provider of large media files and are very cost efficient.

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Mass. charge against Gene Shalit to be dismissed

GREAT BARRINGTON, Mass. (AP) — A misdemeanor driving charge against retired television movie critic Gene Shalit is set to be dismissed in Massachusetts.

The 86-year-old Shalit was cited in October after his vehicle struck a utility pole and came to rest against a house in Lenox, in western Massachusetts. Shalit, who lives in nearby Stockbridge, wasn't hurt. He told police he fell asleep.

The agreement between police and Shalit's lawyer was approved during a probable cause hearing Wednesday in Southern Berkshire District Court. The hearing was continued to April 2, when the driving to endanger charge will be dismissed.

Shalit's lawyer tells The Berkshire Eagle (http://bit.ly/VL5eMe ) his client won't drive until the next hearing, at which time his driving status will be re-assessed.

Shalit, known for his bushy hair and mustache, reviewed movies for NBC's "Today" show from 1973 until 2010.

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Information from: The Berkshire (Mass.) Eagle, http://www.berkshireeagle.com

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