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How Long Until ESPN Brand Is Damaged By Money Trumping Safety?

ESPN stands perilously close to damaging its brand with repeated recent moves that appear to place their income stream ahead of safety. After working closely with Frontline for well over a year on a project documenting the effects of concussion injuries in football and especially in the NFL, ESPN on Friday removed their name from the effort, only a few weeks before the documentary was slated to air. Today, Kevin Brockway is out with an article in the Gainesville Sun noting the frequency with which the University of Florida has been forced to schedule early season home football games during early afternoon hours when heat indices are at dangerous levels for both athletes and spectators.

The New York Times noted yesterday that ESPN wields overwhelming power when it comes to setting the times for college football games to start, in some cases not announcing kickoff times until only six days before the game. Brockway’s article in the Sun shows the impact of ESPN’s decision-making here in Gainesville:

When the Southeastern Conference unveiled its week one 2013 football season start times, the collective groan from Gator Nation was heard from Key West to Pensacola.

For the fourth time in the last six years, Florida was stuck with an afternoon kickoff for its season opener. This Saturday’s 12:21 p.m. start time against Toledo at Ben Hill Griffin Stadium will force fans to again stock up on sunblock and bottled water.

But we aren’t talking about a mere inconvenience with the starting time. Figures on fans treated for heat-related illness in previous years speak to the danger of kickoffs at this hour in August and September:

The burning question is why? Why would the SEC schedule an early-afternoon game for its southernmost member during a month when the average heat index (which measures heat and humidity) is at its highest point of the year?

The answer lies in television, and some factors beyond the SEC’s control. Nonetheless, Florida administrators aren’t happy about the prospect of another sweltering Saturday opener. They consider it a fan safety issue. In 2011, when Florida began the season against Florida Atlantic (7 p.m. kickoff), only six fans were treated by medical staff for heat-related problems. Last season, when Florida opened against Bowling Green (3:30 p.m.), 105 fans were treated for heat-related issues.

A 12:21 kickoff is likely to be even worse than a 3:30 kickoff if rain showers don’t intervene, as the stands on the west side of the stadium usually are in the shade by 3:30 but not at 12:30, while shade doesn’t hit the seats on the east side until early evening.

As for the concussion documentary, here is how the Times described ESPN dropping out of particpation:

On Thursday, ESPN, which has spent heavily in recent years to build its investigative reporting team, abruptly ended its affiliation with “Frontline,” a public affairs television series that was weeks from showing a jointly produced two-part investigative project about the N.F.L.’s contentious handling of head injuries. The divorce came a week after the N.F.L. voiced its displeasure with the documentary at a lunch between league and ESPN executives, according to two people with direct knowledge of the situation.

As might be expected, there are now denials from the NFL that they exerted pressure and from ESPN that they bowed to pressure. Those denials do nothing to improve the optics of the situation, however, and it remains indisputable that ESPN withdrew its support just before the documentary slamming the NFL’s handling of concussions aired.

ESPN is in very dangerous territory right now. If Saturday proves to be especially hard on fans at early afternoon games in the South, the record is already clear on whom to blame for shifting games from their traditional evening kickoffs to the worst possible time for fan and player safety.

Did Ivins Move the Refrigerator? New Cold Facts Cast Further Doubt on Amerithrax Conclusions

The top-notch Frontline/ProPublica/McClatchy group that has been continuing to investigate the anthrax attacks of 2001 and the subsequent Amerithrax investigation by the FBI posted some photos on Monday that they obtained through FOIA requests. They are here. Mouse over the first photo and then you can click through the slideshow. The most important photo is the one of the lyophilizer. The FBI is claiming Bruce Ivins used this to dry the spores used in the attacks. That is not two pieces of equipment in the photo; here’s a clearer shot of what looks like the same model available on the used market. The thing is huge! The problem is that it is NOT in Ivins’ “hot suite”, so using it in its place would have put spores all over the place in area where at least some of the personnel probably weren’t vaccinated (and thus would have died). This would have been an obvious contamination event Ivins could not have hidden. Technically, the lyophilizer is “mobile”, but as you can see, it’s the size of a refrigerator and it would have been obviously missing if Ivins wheeled it into the hot suite. Also, it uses 220V (see the wiring that obviously was put in so the lyophilizer could be used in this spot), so Ivins might not have had an outlet available in the hot lab. Also notice the piece of paper on the top part;  that’s most likely a sign-up sheet to reserve it since this thing is used for drying down large amounts of liquid and these runs take a number of hours. You can bet if Ivins had signed into the log during the critical period we would know about it. There is only one sheet there, though, so the sheet from the appropriate time period might not have survived until the time USAMRIID was being looked at carefully.

Here is the photo of the lyophilizer, slightly enlarged from the PBS website:

The caption supplied by the Frontline/ProPublica/McClatchy team reads:

The lyophilizer, or freeze dryer, which the FBI says Ivins could have used to make the attack anthrax. Stored outside of the secure BSL-3 hot suite, the lyophilizer was a central focus of the investigation; however, the FBI was never able to definitively link it to the attack anthrax, and some of Ivins’ colleagues are skeptical that he would have risked drying anthrax outside of the secure suite.

The FBI’s claim that this lyophilizer was used by Ivins came about in a very emabarrassing way for the Department of Justice. DOJ had submitted a document in the wrongful death suit filed by the widow of Robert Stevens, who was the first fatality in the attacks. The initial filing stated flatly that Bruce Ivins did not have access to the equipment needed to dry the anthrax spores used in the attacks. After the FBI went ballistic over that filing, a judge allowed DOJ to submit an amended document (see page 3) where DOJ referred to the “refrigerator sized” lyophilizer in the BSL-2 containment area, where DOJ also noted that no work with live anthrax was carried out.

For those of you who want more details on the science behind the reasoning that Ivins could not have used this lyophilizer in this spot to dry the spores used in the attack, keep reading after the jump.  Read more

FBI Accused Ivins of Hiding Material While FBI Hid Data From Public, Ivins’ Attorney

A huge portion of the FBI’s circumstantial case against Bruce Ivins in the Amerithrax investigation of the 2001 anthrax attacks relies on the scientific analysis carried out to provide a genetic fingerprint of the anthrax spores in Ivins’ RMR-1029 flask as the source from which the attack material was cultured.  One of the central supporting pieces of evidence the FBI touts in this regard is the claim that Ivins submitted a sample to the FBI in April of 2002, labeled as arising from the RMR-1029 flask, but missing the key genetic variants which the FBI used to characterize the material in RMR-1029.  Through diligent analysis of thousands of pages of FBI files, a team consisting of McClatchy, ProPublica and Frontline has found that the FBI has not been entirely forthcoming about samples submitted to them by Ivins:

Prosecutors have said Ivins tried to hide his guilt by submitting a set of false samples of his Dugway spores in April 2002. Tests on those samples didn’t display the telltale genetic variants later found in the attack powder and in sampling from Ivins’ Dugway flask.

Yet records discovered by “Frontline,” McClatchy and ProPublica reveal publicly for the first time that Ivins made available at least three other samples that the investigation ultimately found to contain the crucial variants, including one after he allegedly tried to deceive investigators with the April submission.

Paul Kemp, who was Ivins’ lawyer, said the government never told him about two of the samples, a discovery he called “incredible.” The fact that the FBI had multiple samples of Ivins’ spores that genetically matched anthrax in the letters, Kemp said, debunks the charge that the biologist was trying to cover his tracks.

As a ProPublica article piles onto the material above from McClatchy, the lead prosecutor in the case continues to claim that the one sample lacking variants is a strong indicator of Ivins’ guilt and shows that he tried to hide the RMR-1029 flask from further scrutiny: Read more

FBI’s Lone Wolf Case Against Ivins Continues to Crumble

Ivins' RMR-1029 flask, identified genetically as the likely source from which the attack material was cultured.

Back in May, McClatchy provided new information that added signficant doubt to the FBI’s accusation that Bruce Ivins worked alone in the 2001 anthrax attacks.  The key information McClatchy reported was that in addition to the already known abnormally high silicon content in the spores found in the attack material, high concentrations of tin were often found in association with the silicon.  They then went on to provide convincing evidence that this unique chemical fingerprint could have come about from a process in which a tin-catalyzed polymerization of silicon-containing precursor molecules was employed to confer on the spores their unique properties which allowed them suspend very easily in air.  The key point in this observation is that this highly sophisticated chemical treatment of the spores requires both expertise and equipment that Ivins did not have, making it impossible for him to have carried out the attacks alone if the spores were indeed treated with this process.

This morning, William Broad and Scott Shane continue this thread of argument in a New York Times article. Broad and Shane report that the scientists who first raised the tin-silicon combination issue now have a scientific article coming out in the Journal of Bioterrorism & Biodefense:

F.B.I. documents reviewed by The New York Times show that bureau scientists focused on tin early in their eight-year investigation, calling it an “element of interest” and a potentially critical clue to the criminal case. They later dropped their lengthy inquiry, never mentioned tin publicly and never offered any detailed account of how they thought the powder had been made.

The new paper raises the prospect — for the first time in a serious scientific forum — that the Army biodefense expert identified by the F.B.I. as the perpetrator, Bruce E. Ivins, had help in obtaining his germ weapons or conceivably was innocent of the crime.

Here is how I described the science behind the current question when the McClatchy article was published:

The FBI carried out a special form electron microscopy that could identify the location of the silicon in the spores from the attack material. They found that the silicon was in a structure called the the spore coat, which is inside the most outer covering of the spore called the exosporium. If silica nanoparticles had been used to disperse the spores, these would have been found on the outside of the exosporuim (see this diary for a discussion of this point and quotes from the scientific literature) because they are too large to penetrate it.  No silicon signature was seen on the outside edge of the exosporium.  What is significant about the type of silicon treatment suggested in the McClatchy piece is that both high silicon and high tin measurements were found in several samples and that there is an alternative silicon treatment that would involve a tin-catalyzed polymerization of silicon-containing precursor molecules. McClatchy interviewed scientists who work with this process and they confirmed that the ratio of silicon to tin found by the FBI is in the range one would expect if such a polymerization process had been used.

What McClatchy doesn’t mention in their report is that it would seem for a polymerization process of this sort, the silicon-containing precursor molecules would be small enough to penetrate the exosporium before being polymerized, or linked together into much larger molecules, once they reached the spore coat. This would mimic the location of silicon incorporated “naturally” into spores.

In today’s article, Broad and Shane report that both Alice Gast, who chaired the National Academy of Science panel that reviewed the FBI’s scientific work and Nancy Kingsbury, the head of an ongoing Government Accountability Office analysis, agree that the silicon-tin issue is worthy of further investigation.

In my ongoing analysis of the known scientific facts surrounding the anthrax attacks, I have been insistent that further attention needs to be paid to secret government laboratories as the potential real source of the attack material.  Broad and Shane appear to be headed in that same direction:

If Dr. Ivins did not make the powder, one conceivable source might be classified government research on anthrax, carried out for years by the military and the Central Intelligence Agency. Dr. Ivins had ties to several researchers who did such secret work.

Note that since Ivins “had ties” to several researchers within these classified facilities, that opens a direct route by which such a facility could have received a sample from Ivins’ RMR-1029 flask which has been identified genetically as the likely precursor from which the attack material was cultured.

We also learn this morning that on Tuesday evening, the PBS series Frontline will air an episode produced in cooperation with McClatchy and ProPublica.  This report will center on the tremendous pressure the FBI applied to Ivins and how such pressure “can shred an individual’s life”:

According to this hard-edged report done in partnership with McClatchy Newspapers and Propublica, the FBI did more than zero in. Under tremendous pressure to solve the case that started in 2001 with anthrax mailed to U.S. senators and network anchors, the agency squeezed Ivins hard — using every trick in the book to get a confession out of him even as he insisted on his innocence to the end.

Ivins was a troubled guy with some distinctive kinks, the report acknowledges, but even FBI consultants in the case now admit that the agency overstated its evidence and never found a smoking gun to prove the researcher’s guilt. In fact, evidence was revealed last summer that shows Ivins did not have the equipment needed to make the powdery kind of anthrax sent through the mail. That didn’t stop the FBI then — or now — in acting like it found its man.

Even as both scientists and journalists poke gaping holes in their now-closed investigation, the FBI continues to stand firm in its position that Ivins acted alone in the anthrax attacks, and their spokesman reiterated this position to Broad and Shane.  Given the apparent momentum of the scientists and journalists, though, the FBI’s position begins to look more and more like something Saddam Hussein’s infamous “Baghdad Bob” would spout.