Late Edition

Today, mostly cloudy, shower or thunderstorm, high 77. Tonight, mostly cloudy, shower, low 67. Tomorrow, clouds, sun, thundershower, high 79. Weather map, Page C9.

VOL. CLXII . . No. 55,913

2012 The New York Times

NEW YORK, WEDNESDAY, OCTOBER 3, 2012

$2.50

VOTER ID RULES FAIL COURT TESTS ACROSS COUNTRY

PENNSYLVANIA IS LATEST
Ruling Cites Availability Bids Are Blunted in Swing States
By ETHAN BRONNER

Irans Master U.S. IS TRACKING Of Iraq Chaos KILLERS IN ATTACK Still Vexes U.S.

Top Shadow Warriors Influence Goes On PREPARING RETALIATION

By MICHAEL R. GORDON

ON LIBYA MISSION

A Pennsylvania judge on Tuesday blocked the key component of a highly contested state law requiring strict photographic identification to vote in next months election, saying the authorities had not done enough to ensure that voters had access to the new documents. The result, that Pennsylvanians will not have to present a state-approved ID to vote in November, was the latest and most significant in a series of legal victories for those opposed to laws that they charge would limit access to polls in this presidential election. With only a month left until Election Day, disputes around the country over new voter ID requirements, early voting, provisional ballots and registration drives are looking far less significant. Every voter restriction that has been challenged this year has been either enjoined, blocked or weakened, said Lawrence Norden of the Brennan Center for Justice, which is part of the New York University School of Law and opposes such restrictions. It has been an extraordinary string of victories for those opposing these laws. Voter ID laws have been taken off the table in Texas and Wisconsin. The Justice Department has blocked such a law in South Carolina, which has appealed in federal court. In Florida and Ohio, early voting and voter-registration drives have been largely restored. New Hampshire is going ahead with its law, but voters who do not have the required document will be permitted to Continued on Page A16

WIN MCNAMEE/GETTY IMAGES

NO QUESTIONS ASKED

At the University of Denver on Tuesday, two students, Zach Gonzales, left, and Dia Mohamed, had plum roles in a dress rehearsal of Wednesdays presidential debate.

Stark Backdrop as President Prepares to Debate

By MARK LANDLER

HENDERSON, Nev. Las Vegas might seem the last place a presidential candidate would choose to spend three days of sober, nose-to-the-grindstone debate preparation. But since Sunday, President Obama has been encamped 17 miles from the neon excess of the Strip, in a palmfringed, financially battered lakeside resort that serves as a vivid reminder of the economic distress that still threatens his hopes for re-election. Known as Lake Las Vegas, the 3,600-acre gated complex which includes three golf courses, a man-made lake, a casino and two hotels, plus a replica

of the Ponte Vecchio in Florence has the disused air of a paradise lost. Few people here seem to notice Mr. Obamas presence, but that is partly because there are so few people around. The complex has been in and out of bankruptcy multiple times, many of the Spanish-style houses in the residential cul-de-sacs are empty or in foreclosure, and two of the three golf courses are abandoned, their putting greens scorched to a dingy brown. A Ritz-Carlton hotel closed in May 2010 because of the gasping economy. In its dizzying boom and bust, Lake Las Vegas epitomizes the damage done to Nevada, a state hit harder than almost any other by the housing collapse and one

that Mitt Romney is fiercely contesting. Mr. Romney, who was already in Denver ahead of the debate, is sure to fault Mr. Obama, both for his housing policies and the lackluster recovery, when they face off on Wednesday. [Page A13.] Critics here say that Mr. Obamas policies, which emphasized Continued on Page A16

EL ECTION 2012
AD WARS President Obama has out-advertised Mitt Romney after the party conventions. PAGE A12 INVISIBLE Representative Jesse L.

Jackson Jr. is running a race without appearing in public. PAGE A12

WASHINGTON When a senior Iraqi intelligence official traveled to Tehran in the summer of 2007 to meet with the Iranian leadership, he quickly figured out who was in charge of Irans policy toward its neighbor to the west. It was not the Iranian president, Mahmoud Ahmadinejad. It was Qassim Suleimani, the shadowy commander of Irans paramilitary Quds Force, who calmly explained that he was the sole authority for Iranian actions in Iraq, according to an account the Iraqi official later provided to American officials in Baghdad. A soft-spoken, gray-haired operative who carries himself with the confidence that comes from having the backing of Ayatollah Ali Khamenei, Irans supreme leader, General Suleimani is the antithesis of the bombastic Iranian president. Now a major general the highest rank in the Islamic Revolutionary Guards Corps after a promotion last year, he has been the mastermind behind two central Iranian foreign policy initiatives, exerting and expanding Tehrans influence in the internal politics of Iraq and providing military support for the rule of President Bashar al-Assad of Syria. That role has put him in direct conflict with American policy makers hoping to ensure Iraqs future as an ally of the United States, to bring about the fall of Mr. Assad and to curb Irans attempt to gain influence in the region. Last year, the United States Treasury Department put General Suleimani on its sanctions list because American officials said he had been involved in a plot to kill the Saudi ambassador to Washington. For the American officials who had to contend with the shadow war waged by Iran during the Continued on Page A8

Secret Teams Focusing on Militant Group, Officials Say

By ERIC SCHMITT and DAVID D. KIRKPATRICK

WASHINGTON The United States is laying the groundwork for operations to kill or capture militants implicated in the deadly attack on a diplomatic mission in Libya, senior military and counterterrorism officials said Tuesday, as the weak Libyan government appears unable to arrest or even question fighters involved in the assault. The top-secret Joint Special Operations Command is compiling so-called target packages of detailed information about the suspects, the officials said. Working with the Pentagon and the C.I.A., the command is preparing the dossiers as the first step in anticipation of possible orders from President Obama to take action against those determined to have played a role in the attack on a diplomatic mission in the eastern city of Benghazi that killed Ambassador J. Christopher Stevens and three colleagues three weeks ago. Potential military options could include drone strikes, Special Operations raids like the one that killed Osama bin Laden and joint missions with Libyan authorities. But administration officials say no decisions have been made on any potential targets. Spokesmen for the Defense Department and C.I.A. declined to comment. The preparations underscore the bind confronting the White House over the Benghazi attack. Mr. Obama has vowed to bring the killers to justice, and in the final weeks of the presidential campaign Republicans have Continued on Page A10

Wright Masterwork Is Seen in a New Light: A Fight for Its Life Trying to Build for the Future, The Athletics Win in a Hurry
Its hard to say which is more startling. That a developer in Phoenix could threaten by Thursday, no less to knock down a 1952 house designed by Frank Lloyd Wright. Or that the house has until now slipped under the radar, esCRITICS caping the attenNOTEBOOK tion of most architectural historians, even though it is one of Wrights great works, a spiral home for his son David. The prospect of its demolition has suddenly galvanized preservationists, as these crises often belatedly do. They are pursuing a two-pronged attack, trying to have the building designated a landmark, although in Arizona, where private property rights are strong, landmark status is really just a stay of execution, limited to three years. After that the owner is free to tear down the place. So the other prong of attack is to find some preservationminded angel with deep pockets who will buy it from the developer. Preferably today.
By BENJAMIN HOFFMAN

MICHAEL KIMMELMAN

SCOTT JARSON

Phoenix developers want to raze the 1952 house Frank Lloyd Wright designed for his son David.
Wright designed this 2,500square-foot concrete home for David and his wife, Gladys, on a desert site facing north toward Camelback Mountain in a neighborhood called Arcadia. The area, known since the 1920s for its citrus groves and romantic getaway resorts among old Spanish colonial and adobe revival homes, was increasingly subdivided after the war and filled with new, custom-designed ranch houses. But the Wright lot still had its orange trees. The architect took advantage of them by raising his sons house on columns, to provide views over the orchard. It was a touch that partly echoed Le Corbusiers famous Villa Savoye in France; at the same time Wright chose a spiral design akin to the Guggenheim Museums. He had drawn plans for the Guggenheim by then, but it was still some years away from construcContinued on Page A3

The Oakland Athletics were the inspiration last year for a surprising Hollywood hit: Moneyball, a movie about baseball economics, one that, through astute casting, made the geeky world of advanced player statistics seem sexy. The As are back this season as ripe material for a sequel, though not to Moneyball. Instead, think of Major League, with Charlie Sheen, not Brad Pitt. In that 1989 movie, a team desperate for a new stadium has traded away most of its high-priced players and allowed others to leave through free agency. The roster is filled with mostly rookies and a few lesser-known veterans, and they start the season playing to tiny crowds. There is even a mysterious Cuban slugger with a propensity for long home runs. The As are certainly on script. Before the season, in a sell-off of talent aimed at stockpiling young

players whose promise might help the club relocate to a new stadium in San Jose, the As traded their best pitcher and their star closer; they fielded a team that has so far seen a record 99 games started by rookie pitchers; they have been ignited by a young Cuban slugger who was previously known to much of the world only through his YouTube video clips; and theyve played in a stadium that is more an embarrassing contraption than a ballpark with a third of its seats permanently closed off because of poor attendance. Through it all, they have won ballgames at a remarkable rate, qualifying for the playoffs in a run far more unlikely than those pulled off by the teams depicted in Moneyball. They have done it with strong pitching, superb defense, timely hitting and a great deal of youthful swagger. They play with no conContinued on Page B12

NATIONAL A17-20

BUSINESS DAY B1-9

DINING D1-10

Fungus Blamed in Outbreak

Doctors investigating a puzzling meningitis case discovered a deadly outbreak of infections connected to a steroid injection, which they suspect was contaminated with a fungus. PAGE A18

Paying a Shopper for Sales

Some social media shopping sites are offering payments to users who post product links that send Web traffic and sales to retailers. The F.T.C. has raised an eyebrow. PAGE B1
NEW YORK A22-25

Food as Family Drama

Stanley Tucci, a star of culinary films, grew up in a clan bound together by a love of cooking and eating. PAGE D1
FASHION B16

Intelligence Gathering Failure

One of the nations biggest counterterrorism programs has provided no useful PAGE A17 intelligence, a report says.
INTERNATIONAL A4-11

Police Return Officers Gun

The mother of Amadou Diallo, fatally shot by the police in 1999, questioned a decision to allow one officer involved to once again carry a weapon. PAGE A22
ARTS C1-8

Spring Looks Offered in France

The Valentino designers, Maria Grazia Chiuri and Pierpaolo Piccioli, presented a collection that was one of the highlights as Fashion Week continued in Paris. A review by Cathy Horyn. PAGE B16

A Transition in Georgia
The opposition leader Bidzina Ivanishvili, right, called on President Mikheil Saakashvili to step down at once after losing parliamentary elections. PAGE A11

City Opera to Shed Its Past

The opera, with a $500,000 bill for storing sets and costumes, will sell or junk the materials. Glimmerglass Festival gets first claim on some items. PAGE C1
SPORTSWEDNESDAY B10-15

EDITORIAL, OP-ED A26-27

Maureen Dowd

PAGE A27

Massacre at Nigerian College

At least 25 people were killed at the Federal Polytechnic in Mubi after a bitterly PAGE A4 contested campus election.

Yanks Lead Entering Final Day

The Yankees rallied in the ninth, then won in 12 innings to maintain their onegame edge over the Orioles. PAGE B10

U(D54G1D)y+&!#!@!=!$

A2

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

Inside The Times

INTERNATIONAL NATIONAL BUSINESS
QUOTATION OF THE DAY

Border Patrol Agent Alarm Grows in So Paulo As Police Officers Are Killed Is Killed in Arizona
The sharp increase in murders of So Paulo police officers, up almost 40 percent since 2011, has raised fears of a resurgence of the First Capital Command, a criminal organization that carried out a four-day uprising in 2006. PAGE A4 Federal authorities said Border Patrol Agent Nicholas Ivie, an agent since 2008, was killed in a shooting near a Border Patrol station in Naco, Ariz. Another agent, whom they declined to identify, was injured but is in stable condition. PAGE A18

Auto Sales in U.S. Reach Highest Rate in 4 Years

A total of 1.19 million cars, trucks and S.U.V.s were sold in the United States in September, as Chrysler continued a comeback from bankruptcy. PAGE B1

Value of Health Care

The Congressional Budget Office for the first time included health benefits in its reports on income, renewing a debate about how much health care is worth to poor families. Economic Scene. PAGE B1

Syria Berates Hamas Chief

State television in Syria issued a withering attack on a longtime ally, the leader of the Palestinian militant group Hamas, Khaled Meshal, addressing him as if he were an ungrateful child. PAGE A4

Every voter restriction that has been challenged this year has been either enjoined, blocked or weakened. It has been an extraordinary string of victories for those opposing these laws.
LAWRENCE NORDEN, of the Brennan Center for Justice of the New York University School of Law. [A1]

Bid to Remake Judiciary

Republicans are asking voters in Florida to oust three state Supreme Court justices and give the Legislature greater power over Supreme Court appointments and judicial rules of procedure. One of the three justices calls the campaign a fullfrontal attack on a fair and impartial judicial system. PAGE A20

Isolate Trading, Experts Say

Banks in the European Union should separate their risky trading activities from their savings and lending operations to avoid future bailouts at taxpayers expense, experts recommended. PAGE B4

Butler Leaked Popes Papers

Pope Benedict XVIs former butler admitted in testimony to betraying the pope by copying and leaking confidential papal documents, one of the most significant breaches in recent Vatican history, but he insisted that his motives had been pure.
PAGE A6

DINING

For Fisheries, A Line of Hope

Port Clyde Fresh Catch, the countrys first community-supported fishery, is now part of a budding movement that tries to do for smallscale local fishermen what community-supported agriculture has done for farmers. PAGE D1

OBITUARIES

Yvonne Mounsey, 93
Ms. Mounsey, a dancer of glamour, wit and striking presence, put such a stamp on roles even ones she did not create that people still recall her delivery of certain moments after more than 50 years. PAGE A21

SPORTS

Sanctions at Root of Decline

President Mahmoud Ahmadinejad admitted the American-led economic sanctions were partly to blame for a 40 percent fall in the value of the rial, the Iranian currency.
PAGE A8

Polls Are Open for Voting On Fate of Soccer Team

Fans of the Seattle Sounders of M.L.S. will vote if the team should retain Adrian Hanauer as the clubs general manager. PAGE B12

OP-ED

NEW YORK

SPORTS

Thomas L. Friedman
PAGE A27

Possible Shift in Israel Plan

Prime Minister Benjamin Netanyahu of Israel plans to travel to Europe before the end of the year, among other things to press for a toughening of sanctions against Tehran, Israeli officials said. PAGE A9

Buddha Invites Reflection, And Instagram Photos

In the Socrates Sculpture Park in Long Island City, a 10-foot-high inflatable Buddha sculpture that sits on a wooden lily pad prompts visitors to reflect and post photos to Twitter. PAGE A22

Even the President Is a Zombie in This Game

Resident Evil 6, an ambitious mediocrity, is an adventure featuring a worldwide outbreak of bioterrorism, Stephen Totilo writes. Video Game Review. PAGE C1

Crossword C7 Obituaries A21 TV Listings C8 Weather C9 Commercial Real Estate Marketplace B9

Corrections
FRONT PAGE

A picture caption on Sunday with the continuation of an obituary about Arthur O. Sulzberger, the former publisher of The New York Times, referred incorrectly to a photograph of him as a child standing with his three older sisters. It is an undated picture; it was not taken in March 1927 when he would have been about 13 months old.
INTERNATIONAL

all Georgians, we are all citizens of our country. We should all stand together and we should all manage to work together in frames of existing democracy.
NEW YORK

Francisco to court promising start-ups as clients rendered incorrectly part of the name of a start-up incubator. It is AngelList, not Angelist. An article on Monday about a Microsoft program to encourage interest in computer science among high school students misstated the number of students receiving undergraduate degrees in the field. According to estimates from the National Center for Education Statistics, fewer than 40,000 students received bachelors degrees in computer science in 2010, 33 percent fewer than at the peak in 2004. The numbers cited in the article 14,000 students and a decrease of 34 percent from 2004 were from the Computing Research Association, using 2011 data but including only undergraduate deErrors and Comments: nytnews@nytimes.com or call 1-888-NYT-NEWS (1-888-698-6397). Editorials: letters@nytimes.com or fax (212) 556-3622. Public Editor: Readers dissatisfied

grees from institutions that have doctoral programs in the field.

THE ARTS

Because of an editing error, an article on Tuesday about the results of exit polls in Georgias hotly contested parliamentary race erroneously attributed a comment about the polls in some editions. It was Georgias president, Mikheil Saakashvili not David Darchiashvili, a leader of Mr. Saakashvilis governing party who said in a television appearance Monday night as exit polls showed Mr. Saakashvilis party leading in more rural parts of Georgia and his challengers party prevailing in the capital city of Tbilisi: It doesnt mean that we are dividing the country into Tbilisi and provinces. We are

An article in some editions on Tuesday about annual progress reports for New York City public schools misstated, in some copies, the growth in the number of schools that were awarded a C this year and a C or worse the previous two years. There were 114 such schools this year, not 166; last year and there were 5, not 9.
BUSINESS DAY

An article on Tuesday about the 2012 MacArthur Fellows misidentified the university where one, Raj Chetty, was a tenured professor of economics at the age of 27. It was the University of California, Berkeley not Harvard. (He moved to Harvard and had the same position there at the age of 29.) A music review on Monday about Carmen, at the Metropolitan Opera, misidentified the song in which Anita Rachvelishvili, who performed the title role, shaded flat a couple of times. It was the Habanera not the Flower Song, which is sung by Don Jos. with a response or concerned about the papers journalistic integrity can reach the public editor, Margaret Sullivan, at public@nytimes.com. Newspaper Delivery: customercare@nytimes.com or call 1-800-NYTIMES (1-800-698-4637).

The DealBook column on Tuesday, about private equity funds growing need to get their cash holdings invested, misstated the amount of money that the firms would have to return to investors if it is not invested in the next 12 months. It is $200 billion, not $200 million. An article on the DealBook page on Tuesday about law firms that are setting up shop in San

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

A3

PHOTOGRAPHS FROM THE FRANK LLOYD WRIGHT FOUNDATION ARCHIVES (THE MUSEUM OF MODERN ART/AVERY ARCHITECTURAL & FINE ARTS LIBRARY, COLUMBIA UNIVERSITY, NEW YORK)

The David Wright house was designed around the same time as the Guggenheim Museum and uses ramps in a similar way.

A Wright Masterwork Is in a Fight for Its Life

From Page A1 tion. The David Wright house is the Guggenheims prodigal son, except that unlike the museum, whose interior creates a vertical streetscape while turning its back on the city, Davids house was configured by Wright to look both inward and out. It twists around a central courtyard, a Pompeian oasis to which he gave a plunge pool and shade garden, Gladys Wright didnt want their home in a residential neighborhood to be a museum, and so not many architectural scholars or even Wright experts ever got inside it, to see the rug and chairs and mahogany woodwork that Wright devised, even though it is only about a dozen miles from Taliesen West, the headquarters of the Frank Lloyd Wright Foundation. David died in 1997 at 102; Gladys in 2008, at 104, leaving the house, no longer in mint condition, to granddaughters who sold it to a buyer promising to fix it up and live in it. But the buyer did neither, and the place, on its 2.2-acre lot, went back on the market. This June a developer called 8081 Meridian bought it. The place was uninhabited for four years and it had never been placed on a watch list, explained John Hoffman, managing partner of 8081 Meridian, when I called him on Monday. We didnt close on the property until the city approved a lot split. The line through the property went through one end of the house, so it was an indirect approval for demolition. That was his interpretation, although demolition requires separate city approval, and in any case, before the sale closed, the landmark process was already under way. It is scheduled to reach the City Council on Nov. 7. Though not written into the city ordinance, it has for several years been city policy in Phoenix to seek owner consent before designating any building for historic preservation, and because 8081 Meridian never gave its consent, and has no intention of doing so, Mr. Hoffman says he rejects the landmark process outright. The threatened deadline derives from a demolition permit that a staff member in the city proposition Arizona voters passed in 2006, Prop 207, which calls for the compensation of owners any time the government adopts some regulation that affects the value of their property. No money has been paid so far, but the law has clearly had its desired effect, making cities like Phoenix fearful of changing their regulations and spooking city lawyers and historic preservationists. The bottom line, for economic as well as cultural reasons, should of course be protecting both owners and society. Toothless though a three-year landmark delay may seem, its an eternity in pro-development Arizona, and it can work. Various owners in the Woodland Historic District in Phoenix, near the State Capitol, were dissuaded, during just such a reprieve, from tearing down early-20th-century bungalows, and with some city historic preservation bond money, have begun a restoration that has revitalized the area. Years ago Phoenix prevented the owner of El Encanto Apartments, a conspicuous Spanish Colonial low-rise, from tearing it down to put up a high-rise, and the stay helped shift the building into the hands of a preservationminded developer. As for sparing the David and Gladys Wright house, you dont have to be a preservationist to believe that a major work by one of the greatest American architects has a value to posterity, as well as to its Arcadia neighbors, that competes with the interests of developers, who are already well placed to make a healthy profit after just a few months investment. In retrospect, steps should have been taken long ago, by Wrights heirs and by city officials, to avoid all this. But whats now a cliffhanger is also a no-brainer.

Staying under the radar though not far from the revered Taliesen West.
but also faces onto the surrounding desert, with sweeping views of the mountain. The house is coiled, animated, like a rattlesnake, yet flowing and open. A spiral entrance ramp gives it a processional grandeur out of proportion to its size especially nowadays, when many of the old ranch homes in Arcadia have been torn down to make way for McMansions that dwarf Wrights house. The developers plan for the site involves subdividing the lot and erecting two or more new houses. There is no house quite like this one, with its mythic content, is how Neil Levine, the architectural historian and Wright scholar, put it the other day. Everything is custom designed so that the house is, more than most of Wrights later buildings, a complete work of art. How could such a house go largely unnoticed? David and

The house is in the Arcadia section of Phoenix, an area that was largely subdivided after the Second World War.
development office issued to him and his partner, Steve Sells, despite the fact that other city officials had flagged the house to ensure no permit would be issued. Planning authorities learned of the permit and voided it after the demolition company the developer had hired, concerned about razing a Wright house, called to check that the permit was valid. Mr. Hoffman maintains that the permit is legal and that it expires on Thursday. It may be that the demolition threat is being used as leverage to drive up the price to be paid by preservationists. Having just bought the house for $1.8 million, Mr. Hoffman said 8081 Meridian is looking to clear $2.2 million from any sale, and has so far rejected a cash offer floated several weeks ago from an anonymous, out-of-state Wright lover. This prospective buyer promised a little over $2 million, according to the realtor representing him. Underlying the brouhaha is a

A4

WEDNESDAY, OCTOBER 3, 2012

Alarm Grows in So Paulo as More Police Officers Are Murdered

Gang Suspected In Some Killings
By SIMON ROMERO

SO PAULO, Brazil The sun had just begun to rise here one morning in September as Andr Peres de Carvalho, an officer in a special-operations police squad, prepared to leave his home. Two masked gunmen lurking outside the door did their work quickly, killing him before disappearing by motorcycle into the crazy quilt of So Paulos sprawl. He was one of more than 70 police officers killed this year in So Paulo, Brazils largest and most powerful state. The sharp increase in murders of police officers, up almost 40 percent since last year, has raised fears of a resurgence of the First Capital Command, a criminal organization that carried out a harrowing four-day uprising here in 2006 during which almost 200 people were killed. So Paulo officials have tried to play down the suspected role of the criminal group in this years police killings, calling it a violent reaction by a variety of criminals to tougher policing strategies. But security analysts and some members of So Paulos own state police force have characterized the killings as deliberate reprisals by the gang, commonly referred to as the P.C.C., or Primeiro Comando da Capital in Portuguese. Were witnessing a low-intensity war unfold between police units and Brazils most powerful criminal organization, said Camila Nunes Dias, a sociologist who specializes in the P.C.C. at the University of So Paulos Center for Violence Studies. The retaliatory nature of this conflict shows that it can endure for some time to come. Whoever is responsible, the sharp rise in killings of law enforcement officers reflects the precariousness of major gains made over the last decade in curbing violent crime in So Paulo. While the state is still safer than it once was, it has struggled anew this year with a crime wave, including climbing rates of homicides, rapes and armed robberies, called arrastes, in which teams of thieves assault upscale restaurants and apartment complexes. The police officer killings have largely unfolded in the metropolitan area of So Paulo, in which about 20 million of the states 40 million people live. Some of the killings involved police officers who were reacting to armed robberies, and some of the victims were recently retired officers. But dozens of the deaths are thought to be execution-style murders. The sheer scale of the killings

EDUARDO ANIZELLI/FOLHAPRESS

Policemen stood near the body of a gunman on Saturday after the murder of an off-duty officer. More than 70 police officers have been killed in So Paulo this year.
has unnerved many here. By comparison, there were 56 felonious killings of law enforcement officers in 2010 in the entire United States, which has a population of about 314 million. The fact that so many officers have been killed in this one state has focused new attention on the P.C.C., which emerged in 1993 in So Paulos overcrowded prisons, partly in response to the states disastrous handling of a 1992 prison uprising in which security forces killed 111 prisoners at a penitentiary complex called Carandiru. The P.C.C. stunned So Paulo in 2006 when it coordinated its fierce outbreak of violence, in which police officers were also targeted for execution. Since then, the P.C.C. has maintained a lower profile while focusing on its drug trafficking operations. So Paulo officials claim that no reliable evidence has yet to emerge connecting the P.C.C. to this years surge in police officer killings. But other spheres of government appear to have a different take. According to a prominent newspaper here, the federal governments Brazilian Intelligence Agency, or ABIN, prepared an analysis expressing concern over the potential for police killings by P.C.C. to intensify, drawing a sharp rebuke from Antonio Ferreira Pinto, So Paulos secretary of public security. The ABIN has no expertise in this area of intelligence, Mr. Ferreira Pinto said in an interview. He acknowledged that the P.C.C. remained a potent criminal force but contended that other drug trafficking groups were largely responsible for the police officer killings, including relatively obscure marginais, or delinquents. Of the P.C.C., he said, They are more worried about narcotics trafficking than confronting the state. The federal intelligence agency declined to comment. The P.C.C.s mere existence is a highly sensitive issue in Brazil, especially here in the nations richest state, highlighting a security challenge rooted in its own prison system. According to investigative news reports, P.C.C. leaders have continued to operate out of prisons, issuing directives by cellphone and exchanging information via pen drives and cellphone memory chips smuggled behind prison walls. Altogether, the organization has more than 1,300 operatives throughout So Paulo who are for its operatives in drug trafficking operations, while also expanding its reach into money laundering. Herbert Teixeira Mendes, a public prosecutor who has scrutinized the P.C.C. for more than a decade, has been quoted as likening its business structure to franchising. A turning point in the P.C.C.s profile seemed to come in May, when three police officers with Rota, a feared elite special operations squad within So Paulos state police force, were arrested after a witness described their torture of a suspected P.C.C. operative. That episode resulted in the killing of the torture victim, along with five other men believed to belong to the P.C.C. Evidence of extrajudicial executions in separate episodes has long opened the police here to criticism from human rights groups. But the P.C.C. is nothing if not brutal itself. In its apparent thirst for revenge, possibly in connection to the episodes like the one involving torture in May, the group has directed operatives to closely observe police officers before carrying out executions when they are off duty, sometimes in front of their own families, according to televised testimony by one frightened police officer. Killings on both sides have shot up in recent weeks. Eight men believed to be working for the P.C.C. were killed in September by officers from Rota. Graham Denyer Willis, a scholar at the Massachusetts Institute of Technology who studies police violence and the P.C.C. in Brazil, described the police unit like a SWAT team, only much less disciplined. None of the 40 officers from Rota involved in the episode, which the authorities described as a confrontation, were injured that day. But with eerie precision, Rota lost one of its men just two weeks later, when Mr. Peres de Carvalho, the off-duty member of the elite squad, was shot at dawn on Sept. 27. His assailants, like those in dozens of other unsolved killings this year of police officers in So Paulo, remain at large.

A rise in killings may be attributed to criminal reprisals.

expected to pay monthly dues, according to a report this month by the newspaper Folha de So Paulo based on police documents. In exchange, the group pays for legal fees and provides a monthly allowance for an operatives family in case of arrest or imprisonment. Similar to the efficiency goals of private companies, the organization also sets detailed targets

Syria Berates Hamas Chief, An Old Ally, On State TV

By ANNE BARNARD and HANIA MOURTADA

Attack at Nigerian College Leaves at Least 25 Dead

By ADAM NOSSITER

BEIRUT, Lebanon State television in Syria issued a withering attack late Monday on a longtime ally, the leader of the Palestinian militant group Hamas, Khaled Meshal, addressing him as if he were an ungrateful child, saying he was having a romantic emotional crisis over the Syrian uprising and accusing him of selling out resistance for power. The extraordinary reproof, a departure from the blander tone of most official Syrian statements, was the governments first broadside against Hamas since the organization distanced itself from the embattled President Bashar al-Assad this year, when most Hamas leaders left their refuge in Damascus and shuttered their office there. The attack was an editorial delivered by a newscaster in alternately stern and mocking tones, who reminded Mr. Meshal that he was orphaned by Arab countries who would not take him in when he fled Jordan in 1999. She implied that he must have sold out to Israel, saying that was the only explanation for the willingness of Qatar, his new host, to accept him. Damascus seemed to be striking back after Mr. Meshal appeared at a congress of the party of Turkeys prime minister, Recep Tayyip Erdogan, and after Mr. Erdogan and Egypts presi-

MUMTAZ AL-BALOUA FOR THE NEW YORK TIMES

Khaled Meshal, the leader of the Palestinian militant group Hamas, shown in 2009.
dent, Mohamed Morsi, pointedly declared their shared priorities of opposing Mr. Assad and supporting the Palestinians a blow to Mr. Assads longstanding and domestically compelling persona as the champion of Palestinian resistance against Israel. Hamas did not immediately respond to the attack on Mr. Meshal, who recently announced plans to step down from the groups helm. But at the party congress on Sunday in Ankara, Turkeys capital, after praising Syrias uprising, Mr. Meshal declared, according to The Associated Press, There is no contradiction in our adoption of democracy and reform, and our support of the resistance. Damascus is most likely particularly furious that Mr. Meshal has taken up residence in Qatar, one of the countries, along with Saudi Arabia and the United States, that it accuses of bankrolling the insurgency. Syria, Iran, the Lebanese militant group and political party Hezbollah, and Hamas long considered themselves an axis of resistance, in contrast to Arab countries notably Egypt that pursued a more accommodationist policy with Israel and the United States. But relations in the axis have teetered as some of Syrias Palestinians have joined the uprising and as some Hamas officials find it impossible not to sympathize with fellow Sunni Muslims in Syria, who form the bulk of the anti-Assad movement and have borne the brunt of Mr. Assads brutal crackdown. A Palestinian resident of Damascus who opposes the government said that as he listened to the broadcast, he felt as if Mr. Assad and his inner circle were speaking to him directly and revealing the fear behind the presidential facade. They freaked out, the resident, who declined to be publicly identified because of personal safety concerns, said in an interview conducted over Skype. All the legitimacy they have is based on the resistance as if when you are the resistance you can kill your own people and they are losing this. But Hezbollah remains a Continued on Page A9

BISSAU, Guinea-Bissau Assailants killed at least 25 people at a college in northeastern Nigeria early Tuesday, the Nigerian police said. But while the Islamist sect Boko Haram has killed hundreds of people in the region over the last year, suspicion this time appeared to be focusing on a campus election on Saturday that was bitterly contested along religious and ethnic lines. Most of the people killed were executive leaders that were elected, said the police commissioner for Adamawa State, Godfrey Ameka Okeke. We cannot exonerate the students completely. Some fraternities at Nigerian colleges have been using gang violence to exert their power, The Associated Press reported, quoting a statement by Yushau Shuaib, the spokesman for Nigerias National Emergency Management Agency, that also focused on campus politics as a possible cause of the massacre. A spokesman for the college, the Federal Polytechnic in Mubi, could not be reached; communications are difficult in the area because Boko Haram has blown up many of the regions cellphone towers. But the group is known more for targeting two or three members of the government, army or police at a time. Mubi, which is in Adamawa State, has been under an afternoon-to-morning curfew because of the Boko Haram-related violence, and the campus killings took place during the early morning. The attackers were selective in their operation, Mr. Okeke said. They had the names of the

victims. When they entered the compound, they asked everybody to come out. Then they locked all the doors. After they asked the names, they took them aside and shot them, Mr. Okeke said, although many were reportedly spared. How should they know their names? he added. This is what we want to know, whether it was related to the elections. There were differing accounts of the death toll. College authori-

Killings may be tied to a bitterly contested election on campus.

ties reached by The Associated Press reported that 27 students had been shot or stabbed to death, while a spokesman for the Adamawa state police, Ibrahim Muhammad, told the agency that 25 had been killed 19 polytechnic students, three students of another college, a former soldier, a guard and an elderly man. There was at least one other theory about the attack. Last week the police raided the campus looking for Boko Haram suspects an increasingly frequent occurrence in a part of Nigeria where the security services have been battling the sect. The police confiscated numerous weapons and improvised explosive devices, and they made several arrests. Local journalists suggested that the killings could have been related to that raid.

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THE NEW YORK TIMES INTERNATIONAL WEDNESDAY, OCTOBER 3, 2012

7 Crew Members Are Detained in Deadly Collision of 2 Boats in Hong Kong

By BETTINA WASSENER

HONG KONG As the Hong Kong police announced arrests on Tuesday in the deadly collision of two boats in Victoria Harbor, relatives of those killed tossed spirit money into the wind at the scene of the disaster and survivors described a terrifying ordeal. It was all chaos, and people were crying, said a passenger aboard one of the boats, a ferry, according to Reuters. Then water began seeping in, and the vessel began to tilt to one side and people were all told to stand on the other side, and everyone started putting on life jackets. The collision, Hong Kongs worst maritime accident in over 40 years, took place around 8:30 p.m. on Monday just off the coast of Lamma, one of the largest of Hong Kongs many outlying islands, as the city was gearing up for a huge fireworks display to observe Chinas National Day. As of late Tuesday, 38 people, several of them children, were confirmed to have been killed. Of the 101 people who were hospitalized, four had serious injuries or remained in critical condition. The collision involved a scheduled passenger ferry, the Sea Smooth, and the Lamma IV, a vessel belonging to Hong Kong Electric, which operates a power station on Lamma and is part of the business empire of Li Kashing, a Hong Kong billionaire. The Lamma IV was carrying more than 120 passengers, staff members and their families, to see the fireworks display in Victoria Harbor for many, the highlight of a four-day holiday weekend in the city. All of the dead had been on board the Lamma IV, which sank rapidly after the collision, the authorities said. Survivors said passengers were trapped inside and had to break windows to swim to the surface. Within 10 minutes, the ship had sunk, Reuters quoted one survivor as saying. We had Joyce Lau contributed reporting.

KIN CHEUNG/ASSOCIATED PRESS

Workers on Tuesday examined a boat that was involved in a collision. As of late Tuesday, 38 people were confirmed to have died.
to wait at least 20 minutes before we were rescued. Another survivor said, We thought we were going to die. According to an official police statement released late Tuesday, the two vessels captains, as well as five other crew members, were arrested on suspicion of endangering the safety of others at sea. Separately, the government announced that it would form an independent commission to investigate the disaster. The authorities offered no theories as to how the accident had occurred in one of the safest and most regulated waterways in Asia, The Associated Press reported. Several dozen relatives of victims traveled by boat to toss paper money in the air, part of a Chinese mourning ritual, and prayed beside Taoist priests, Reuters reported. Other families waited anxiously in hospitals and the morgue for news of loved ones. Teams of men in white coats, green rubber gloves and yellow helmets carried corpses off a police launch in body bags, Reuters reported. At one of the citys public mortuaries, about 50 grieving relatives gathered, some crying, while others were called in to identify the dead. Hong Kong Electric said the Lamma IV was built to carry 200 passengers. The ferry, operated by Hong Kong and Kowloon Ferry, runs regular trips between Lamma and Hong Kong Island. The ferry was somewhat damaged, but no one on board was seriously hurt, officials said. The collision set off a search-and-rescue operation involving divers, helicopters and numerous police and marine vessels that picked scores of survivors from the sea Monday night. Currents and poor underwater visibility were hampering the search, which will continue for two more days, government officials said at a news conference that was widely reported on local radio. Photographs taken Monday showed the boat half-submerged, its bow pointing nearly straight up, not far from one of the two ferry piers on Lamma. Salvage crews were raising the vessel on Tuesday. Connected to Hong Kong Island by regular half-hour ferry trips, Lamma is home to about 6,000 people, many of them expatriates. Its relaxed atmosphere, scenery and seafood restaurants make it a tourist destination.

I am very shocked, said Anita Yu, who was going to Lamma with friends on Tuesday. This was supposed to be a happy day to see the fireworks. I am from Hong Kong, and I have never heard of anything like this happening here. Still, there appeared to be no sense of general unease about the ferry services, which were running normally on Tuesday. Many people were milling around the ferry piers on Hong Kong Island, home to the citys financial center, soaking in the holiday atmosphere. Asked whether the disaster had made her afraid to take the ferry, Ms. Yu replied that she had faith in the boats safety. Fatal ferry accidents are common in developing Asian countries, where infrastructure development often has not kept pace with population growth and increased demand for travel. Overcrowding and poor maintenance often lead to high death tolls. At least 117 people died when a ferry capsized in Bangladesh in March, and scores were killed in a similar capsizing in India in April. In Hong Kong, however, where infrastructure and weatherwarning systems are highly developed, such disasters are extremely rare. A severe typhoon caused a ferry to capsize in 1971, killing 88 people. Major disasters on land have included a stampede that killed 20 people in Lan Kwai Fong, a bar area in the business district, on New Years Eve, 1992, and a fire that raged through an apartment building in 1996, killing dozens of people. Hong Kongs maritime safety standards are generally high, and accidents are rare, even though the waters surrounding the financial and trading hub are often busy with commercial shipping traffic from regional and transcontinental cargo lines. Hong Kongs port and nearby mainland Chinese ports in the Pearl River Delta rank among the worlds busiest. Passenger ferries, private leisure boats and fishing vessels add to the traffic.

Popes Former Butler Admits He Leaked Documents

By ELISABETTA POVOLEDO

World Briefing
EUROPE

VATICAN CITY Pope Benedict XVIs former butler admitted in testimony on Tuesday to betraying the pope by copying and leaking confidential papal documents, one of the most significant breaches in recent Vatican history, but he insisted that his motives had been pure. In an intense morning hearing before a Vatican tribunal, the butler, Paolo Gabriele, confessed to feeling guilty of betraying the trust of the Holy Father, whom he said he loved as a son would his father. But he declared himself innocent of the charge against him, aggravated theft, saying that he had been distraught over misdeeds he perceived at the Vatican. My intention was to find someone trustworthy with whom to share my state of mind and my perplexity regarding a situation that was unbearable, not only for me but for many inside the Vatican, he said. Mr. Gabriele, 46, is accused of leaking the confidential documents to a journalist who pub-

lished a detailed expos, claiming widespread tensions within the Vatican as well as its most important financial institution. The leak and expos embarrassed the Roman Catholic Church and deeply upset the pope, who set up a commission of cardinals to carry out a separate, confidential investigation. Mr. Gabriele could face up to four years in prison if he is found guilty, although most Vatican experts say he would probably receive a papal pardon. Mr. Gabriele served Benedict meals, packed his bags and often traveled with him. I was the layperson closest to the Holy Father, ready to meet his most immediate needs, Mr. Gabriele said. He testified that he had initially been held in a small room with the light on around the clock, causing intense psychological pressure. The tribunal judge, Giuseppe Dalla Torre, immediately enlisted the Vatican prosecutor to investigate. Members of the popes household staff and several Vatican gendarmes also testified on Tuesday.

Msgr. Georg Gnswein, the popes personal secretary and his closest assistant, told the court that his trust in Mr. Gabriele had been total. But he became suspicious after he realized that three of the documents published in the tell-all tome by the journalist, Gianluigi Nuzzi, could have come only from his own office. Mr. Gabriele had minor secretarial duties, and so shared an office with the monsignor, where he photocopied confidential documents during office hours, in full view of other staff members. Vatican police officers testified that when they searched Mr. Gabrieles Vatican City apartment in May, they found a very, very large wardrobe stuffed with thousands of photocopies, newspaper clippings, printed material from the Internet and even original documents, a few written by cardinals. Some of the documents pertained to the Vatican, but others related to Freemasons or to secret service agencies. In all, 82 boxes of papers were removed. During the course of the search, Mr. Gabriele was arrest-

ed and taken to a holding cell in Vatican City. On Tuesday, under questioning by his lawyer, Cristiana Arru, he described having been kept in a small room, with barely enough room to move his arms, with a light on constantly. The Vatican police said that Mr. Gabriele who has been under house arrest since July had not been mistreated. The holding cell where Mr. Gabriele was first detained adhered to international detention standards for short-term stays, the police said, and 20 days later, he was moved to another cell, which was brought in compliance with international conventions. The gendarmerie also said that Mr. Gabriele had been treated especially well to allow him to be as serene as possible, and he had opportunities to socialize with the officers, whom he knew well, and to spend time with his family. The light had been constantly on for security reasons and to ensure that he did not hurt himself, the police said, adding that later Mr. Gabriele had asked that it remain on.

Britain: Terrorism Suspect Fights Extradition

Lawyers for a Muslim cleric wanted in the United States on terrorism charges said Tuesday that the preacher, Abu Hamza al-Masri, left, was physically unfit to face the accusations against him and that it would be oppressive to extradite him under British law. Mr. Masri, 54, has been resisting extradition since 2004. American prosecutors want him to face charges of calling for holy war in Afghanistan, involvement in kidnappings in Yemen and participating in a plot to set up a terrorism training camp in Bly, Ore. Mr. Masri was born in Egypt and has been in prison in Britain since 2006 on separate charges, including incitement to murder. Over the years, he has successfully fought extradition. But last week the European Court of Human Rights rejected a request for the right to appeal a decision that British officials took as the final word permitting his extradition. ALAN COWELL

France: Strauss-Kahn Investigation Dropped

Prosecutors in Lille have dropped a sexual assault investigation into Dominique Strauss-Kahn, the former International Monetary Fund chief, after a Belgian escort recanted her original account about a brutal encounter. But Mr. Strauss-Kahn, 63, still faces a criminal charge of participating in an organized prostitution ring, the result of sex parties that he attended in northern France and at a deluxe hotel in Washington. The prostitution ring, according to prosecutors, organized sex parties with mostly Belgian prostitutes in Lille, Paris, Brussels and Washington. Eight other men were also charged last October with participating in the ring. Mr. Strauss-Kahn was also arrested in New York in May 2011, following accusations that he sexually assaulted a maid in a Manhattan hotel. Those charges were later dropped after prosecutors concluded that his accuser had lied during the course of the investigation.
DOREEN CARVAJAL

ASIA

Japan: Whaling Group Suffers Financial Loss

The Institute of Cetacean Research, the government group that operates Japans widely criticized research whaling, suffered a nearly crippling financial blow last year when its annual hunt in the Antarctic Ocean was disrupted by an environmental group, a Japanese newspaper reported Tuesday. It said the institute suffered a loss of $20.5 million, requiring additional financing from the government. The newspaper said the group, Sea Shepherd Conservation Society, limited the whaling fleets catch to 172 whales, or one-third of its take the year before. The institute relies on the sale of whale meat to finance a large part of its operations, experts say. MARTIN FACKLER

AFRICA

Ivory Coast: Postelection Trials Begin

Ivory Coasts military tribunal has started the first trial stemming from last years postelection violence, a case that involves the March 2011 killing of a colonel. The five suspects are charged with kidnapping and murder. They include Bruno Dogbo Ble, the feared head of former President Laurent Gbagbos Republican Guard. Mr. Gbagbos refusal to cede power after losing the November 2010 election to Alassane Ouattara, the current president, set off six months of violence in this West African nation that claimed at least 3,000 lives. Mr. Ble has been charged with a variety of other crimes during the violence, including genocide. The military tribunal said he had also been charged in connection with (AP) the 2002 killing of the former ruler Gen. Robert Gue.

Tunisia: Protesters Support Woman in Rape Case

Hundreds of Tunisians protested Tuesday in support of a woman who said she was raped by the police but is facing accusations of violating modesty laws. The case has drawn nationwide attention in Tunisia, where a moderate Islamist-led coalition is working on a new constitution after decades of dictatorship. The question of how it will define womens rights is a contentious topic. The woman says that three police officers stopped her in a car last month, and that one of them held her fianc back while the other two raped her. The police officers deny wrongdoing, saying she was engaged in immoral behavior with her fianc when they stopped her. (AP)

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A Closed Consulate May Limit Venezuelan Votes in the U.S.

By KARLA ZABLUDOVSKY

Six years ago, Mara Carolina Norgaard, a Venezuelan immigrant living in South Florida, drove a mere 20 minutes to the Venezuelan Consulate in Miami to cast her vote in the Venezuelan presidential election. This time around, as President Hugo Chvez runs for re-election on Sunday, Ms. Norgaard will have to travel much farther to register her dissatisfaction with him. The extra travel burden for Ms. Norgaard and the nearly 20,000 other Venezuelans in the area

who are registered to vote is a result of Mr. Chvezs decision this year to close the Miami Consulate. These Venezuelans, who lean heavily toward the opposition, will now have to vote at the New Orleans Consulate instead. The move is being criticized by Mr. Chvezs many critics in this country as an effort to disenfranchise Venezuelans living in Florida and nearby states. It is a very diplomatic way of cutting votes, said Ms. Norgaard, 33, who left Venezuela in 2003. Mr. Chvez, who has been president for nearly 14 years, is in

a tight race with Henrique Capriles Radonski, a state governor. In the last presidential election, in 2006, Mr. Chvez won 62 percent of the vote, but only 2 percent of the 10,799 votes cast in Miami. A diplomatic tiff between the United States and Venezuela prompted the closing of the consulate. In January, the United States government expelled Livia Acosta Noguera, the Venezuelan consul general in Miami. No specific reason was given, but the ouster followed a Univision news report linking her to people in Mexico who had raised the

possibility of a cyberattack against American interests. That particular individual is not welcome here for reasons of behavior incompatible with her status, Victoria Nuland, the State Department spokeswoman, said during a daily news briefing. Mr. Chvez denied the news reports and closed the consulate. That government, the one of the United States, does not respect, Mr. Chvez said during a speech to the Venezuelan National Assembly. Despite the inconvenience, many Venezuelans say they consider the election so critical that

they intend to travel to New Orleans. Venezuelan activists are organizing a mass mobilization, chartering buses and planes and coordinating caravans. Ninety-eight percent of the voters in Miami are against him, said Andres Morrison, a founder of AeroVotar, a nonprofit organization that is gathering donations to book charter flights to New Orleans. It is completely a political and electoral strategy. Because she is pregnant, Ms. Norgaard, who was planning to drive to New Orleans with her family, was given a spot on one of AeroVotars flights. VotoDondeSea Foundation, Spanish for Vote Wherever, has raised more than $20,000, which

will pay for nine buses to New Orleans and two meals per passenger. This is something that makes us all passionate, said Vanessa Duran, a founder of VotoDondeSea. Despite the coordinated efforts, an employee of the Venezuelan Consulate in New Orleans, who was not authorized to speak on the record, said the consulate was not expecting more than 7,000 voters to make the trip from Miami this weekend. Daniel Hellinger, an expert on Venezuelan politics at Webster University in St. Louis, said: Its a highly polarized environment. This will be one more factor raised by the opposition if it loses a close election.

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THE NEW YORK TIMES INTERNATIONAL WEDNESDAY, OCTOBER 3, 2012

Irans Master of Iraq Chaos Still Vexes U.S. Interests in Region Iran, Wary
From Page A1 nearly nine years United States forces were in Iraq, that role is hardly a surprise. Their communications with General Suleimani and their own internal discussions, detailed in classified documents obtained for a new book on Iraq, provide a vivid picture of a persistent and effective executor of Irans international objectives. Gen. David H. Petraeus, who came to know the Quds Force commanders influence when he served in Iraq, once described General Suleimani as a truly evil figure in a letter to Robert M. Gates, then the defense secretary. In another letter, he acknowledged the influence General Suleimani had brought to bear in Iraq. The most sobering surprise of the week was probably the extent of direct Iranian involvement in Iraqi political intrigue, General Petraeus wrote in an April 2008 letter to Mr. Gates. To a greater degree than other American officials in Iraq, General Petraeus, through intermediaries, had his own back-channel interactions with General Suleimani. He became convinced that being able to send a message to him was useful, but that meeting with the Iranian general, even secretly, would have elevated the Iranians stature and reinforced his notion that he was entitled to a say over Iraqs future. General Suleimani first came to the attention of Iraqis during Irans bloody eight-year war with Iraq. As commander of the Revolutionary Guards 41st Division, he gained a reputation for leading reconnaissance missions behind Iraqi lines so much so that the Iraqi military would single him out in its radio broadcasts, according to Ali Alfoneh, a senior fellow at the American Enterprise Institute who has made a career out of studying General Suleimani. The war shaped his attitude toward Iraq, according to Ryan C. Crocker, the former American ambassador to Baghdad. For Qassim Suleimani, the Iran-Iraq war never really ended, Mr. Crocker said in an interview. No human being could have come through such a World War I-style conflict and not have been forThis article is adapted from The Endgame: The Inside Story of the Struggle for Iraq, From George W. Bush to Barack Obama, by Michael R. Gordon and Lt. Gen. Bernard E. Trainor, retired, published by Pantheon Books, an imprint of Random House. Wesley S. Morgan contributed reporting. cans released Qais al-Khazali, whom British commandos had captured in March. You will see results in two months, General Suleimani said, according to Mr. Waeli. For General Petraeus, the offer was out of the question. Mr. Khazali, the leader of a Shiite militia, had been linked to a raid that led to the deaths of five American soldiers in Karbala, and General Petraeus demanded that the Quds Force stop training and arming Shiite militants in Iraq. To provide a bit more jolt, I said that I am considering telling the president that I believe Iran is, in fact, waging war on the United States in Iraq, General Petraeus wrote to Mr. Gates, recounting the response he had told Mr. Waeli to convey to General Suleimani. For what its worth, I do believe that Iran has gone beyond merely striving for influence in Iraq and could be creating proxies to actively fight us, thinking that they can keep us distracted while they try to build WMD and set up JAM to act like Lebanese Hezbollah in Iraq, he added, using the American military acronyms for weapons of mass destruction and for the largest of the Shiite militias, the Mahdi Army. But the shadow war continued. After Iran began supplying its militia partners with deadly rocket-assisted mortars what the American military called IRAMs General Petraeus sent a message of his own. Maj. Gen. Michael D. Barbero, General Petraeuss operations officer, met with Hadi al-Amari, a Shiite politician and the former head of the Badr Organization, a Shiite militia founded to fight President Saddam Hussein of Iraq with the backing of the Quds Force. If Mr. Amaris friends to the east did not stop their attacks, General Barbero said, the Americans would drastically escalate their raids against the Quds Forces suspected proxies and agents in Iraq raids that would involve Task Force 17, a secret commando unit dedicated to countering Iranian influence. The attacks stopped for more than a year, a former military official said, but they later resumed and would remain a problem until American forces left Iraq in 2011. In an April 2008 letter to Mr. Gates, General Petraeus noted that he had rebuffed a proposal by General Suleimani, which had been relayed through Mr. Talabani and Mr. Abdul Mahdi, that the Americans meet with him for secret talks. Dont worry; wont support those, General Petraeus wrote.

Of Israel, Is Said to Err In Strikes

By MICHAEL R. GORDON

MEHDI GHASEMI/ISNA, VIA ASSOCIATED PRESS

Qassim Suleimani, right, consulting with Mayor Mohammad Baqer Qalibaf of Tehran in 2006.
ever affected. His strategic goal was an outright victory over Iraq, and if that was not possible, to create and influence a weak Iraq. In the late 1990s, General Suleimani was picked to lead the Quds Force, a Revolutionary Guards special operations unit. The Revolutionary Guards was formed to support revolutionary movements abroad, including in Afghanistan, Iraq and Lebanon. After the 2003 American invasion of Iraq, General Suleimani took on the mission of expanding Irans influence in the country, tying down the American military and, ultimately, encouraging its exit: paramount objectives for an Iranian government that was determined to be a major power in the region and that felt threatened by expanding American military presence on its western and eastern flanks. This was the Quds Forces assessment: We have a golden opportunity. Now we can keep the Americans busy in this country, and as much as we can we should make chaos in this country, said Mohsen Sazegara, a founding member of the Revolutionary Guards who now lives in exile in the United States. When the Green Zone in Baghdad was being pummeled by rockets in 2008, Adel Abdul Mahdi, Iraqs vice president, asked General Suleimani in a meeting in Tehran whether he was behind the militia attacks. General Suleimani joked that if the fire was accurate, it was his, Mr. Abdul Mahdi later told Mr. Crocker, according to an American Embassy cable. Even as the Quds Force under General Suleimani armed and trained Shiite militias in Iraq, he hosted some of Iraqs most senior politicians. By stoking violence and then mediating the conflict, former American officials say, he could make himself indispensable and keep the Iraqis off balhad apprehended five midlevel Quds Force officers in Erbil, a city in the Iraqi Kurdistan region. The next week, General Suleimani met with Jalal Talabani, Iraqs president, in Syria and gave him a message for Zalmay Khalilzad, then the American ambassador in Baghdad: Iran was prepared to open a dialogue with the United States provided that General Suleimani was the conduit. The Quds Force chief, Mr. Talabani reported, acknowledged that he had hundreds of agents in Iraq, some of whom had conspired to attack British troops, but he insisted that they had not been involved in encouraging attacks against Americans, a claim American officials thought was blatantly false. President George W. Bush approved meeting with the Iranian representatives on Iraq, but not with General Suleimani. When the United States held three-way talks with Iranian and Iraqi diplomats in the summer of 2007 in Baghdad, Mr. Crocker and General Petraeus reported that the Iranian representatives had no real authority. Soon after the meetings, General Suleimani reached out to the American commander with a proposal. In a meeting in a Tehran hotel with Shirwan al-Waeli, the head of one of Iraqs competing intelligence services, General Suleimani instructed the Iraqi official to tell General Petraeus that attacks by Shiite militias in Iraq would be reduced if the Ameri-

A man who controlled Tehrans policies toward its troubled neighbor.

ance. Further internecine Shia bloodshed is all but inevitable, Mr. Crocker wrote in a June 2008 cable after General Suleimani played a role in brokering a cease-fire that enabled the battered Shiite militias in the Sadr City neighborhood of Baghdad, which Iran was supporting, to withdraw. When such violence occurs, it seems likely that the parties will again trudge to Tehran and ask Qassim Suleimani to sort out the chaos that he has been instrumental in creating and perpetuating. One of the first messages American officials received from General Suleimani was in January 2007. American commandos

The Iranian military was so apprehensive about the threat of an Israeli airstrike on its nuclear installations in 2007 and 2008 that it mistakenly fired on civilian airliners and, in one instance, on one of its own military aircraft, according to classified American intelligence reports. The civilian planes were fired on by surface-to-air missiles and antiaircraft batteries and intercepted by Iranian fighter jets. Iranian air defense units have taken inappropriate actions dozens of times, including firing antiaircraft artillery and scrambling aircraft against unidentified or misidentified targets, noted a heavily classified Pentagon intelligence report, which added that the Iranian militarys communications were so inadequate and its training deficiencies so significant that misidentification of aircraft will continue. At the time, there was growing concern in Israel and the United States over Irans nuclear program and discussion of a military response. In September 2007, Israeli aircraft bombed a nuclear reactor that was under construction in northeast Syria. The following year, Israel conducted a major air exercise over the Mediterranean that appeared to be a rehearsal for a potential attack on Irans uranium enrichment plant at Natanz. In Iran, air defense units were edgy, fearing that an enemy aircraft might try to mimic the flight profile of a civilian airliner, according to a classified Pentagon assessment.

Poor training and communications led to a number of mistaken attacks.

The combination of heightened vigilance and poor command and control led to series of mistakes, according to a highly classified 2008 Pentagon report on Operational Mishaps by Air Defense Units. In June 2007, the report noted, a Revolutionary Guards air defense unit fired a TOR-M1 surface-to-air missile at a civilian airliner. In May 2008, an antiaircraft battery fired on an Iranian reconnaissance drone and a civilian airliner. That same month, an antiaircraft battery fired on an Iranian F-14 fighter jet. The report and other documents were examined for a new book. In June 2008, soon after the Israeli air exercise, Iranian air defense units fired at two more civilian aircraft. In one instance, an Iranian F-4 fighter scrambled to intercept an Iraqi Airways flight from Baghdad to Tehran to visually inspect the passenger plane. The Iraqi Airways plane was not harmed. The mishaps were not the first time that air defense forces fired at a civilian aircraft that was believed to be on a military mission. In September 1983, a Soviet pilot shot down a Korean 747 airliner that had strayed from its flight path to Seoul. The Soviet pilot later said in an interview that he knew that he was shooting at a civilian plane, but assumed that it was being used for a spy mission. Worried about an Israeli strike, the Iranian military began to rehearse attacks of its own. Less than two weeks after Israeli warplanes practiced over the Mediterranean in June 2008, a classified Pentagon report noted, the commander of the Iranian Air Force ordered fighter units to conduct daily air-to-ground attack training (GAT) at firing ranges resembling the Israeli city of Haifa and the Israeli nuclear facility at Dimona, according to a classified 2008 report by the Defense Intelligence Agency. Iraqi officials had their own concerns about a possible Israeli strike. On July 3, 2008, Prime Minister Nuri Kamal al-Maliki of Iraq opened a videoconference with President George W. Bush by expressing his fear that Israel might fly through Iraqi skies to attack Iran. If Israel violated Iraqi airspace, he said, he would have no choice but to hold the United States responsible, said Mr. Maliki, who said that he could not allow Iraq to become a battleground. I hear you loud and clear, Mr. Bush assured Mr. Maliki, according to notes of the conversation. Nothing is more important to me than success in Iraq.

Irans President Ties Recent Drop in Currency to U.S.-Led Sanctions

By THOMAS ERDBRINK

TEHRAN Irans president admitted Tuesday that the American-led economic sanctions on the country were partly to blame for a breathtaking 40 percent fall in value of the Iranian currency, the rial, over the past week. He pleaded with Iranians not to exchange their money for dollars and other foreign currencies. Speaking during a news conference broadcast live by several domestic and international Iranian news channels, the president, Mahmoud Ahmadinejad, said Iran was facing a psychological war waged by the United States and aided by what he described as internal enemies. He said the currencys fall was caused in part by the sanctions imposed by the West over Irans disputed nuclear program, which

A leader asks that people not exchange their money.

have prevented it from selling oil and transferring money. He also blamed a domestic band of 22 people in three separate circles who with one phone call could manipulate foreign exchange trades in Iran. One Web site, Mashregh News, reported Tuesday that Mr. Ahmadinejad had ordered the arrests of those disturbing the currency market. The fall in the currencys value has presented Iran with enormous economic risks, including the possibility of starting a severe bout of inflation, which is already high. A rising sense of economic crisis in Iran could also pose political challenges for the countrys leaders. Mr. Ahmadinejads address was aimed at the teachers, bus drivers, businessmen and others who have been frantically converting their savings into dollars and euros at the dozens of unofficial currency-exchange shops in the center of Tehran. I ask you, dear people, do not change your money into foreign currency, Mr. Ahmadinejad said, emphasizing that such moves

ABEDIN TAHERKENAREH/EUROPEAN PRESSPHOTO AGENCY

President Mahmoud Ahmadinejad at a news conference on Tuesday. Rising economic anxiety could pose political challenges.
would only help the enemy. But a fresh day of currency fluctuations played out on Tuesday, with the rial falling, then strengthening before sinking again, to settle around its Monday record low of roughly 37,000 to the dollar. The rate had been 24,600 rials per dollar as of last Monday. Addressing the mixed emotions expressed by many Iranians, who are confused over whether to blame economic mismanagement by the government or the Western sanctions, Mr. Ahmadinejad accused the United States and internal enemies. He described the United States government as plotting to make Iranians miserable, emphasizing that the sanctions were hurting normal people instead of Irans leaders. They are telling you lies, their pressures are on the people, not on the government, he said. Foreign exchange supplies in the country are sufficient to quench demand, he said, and he lauded the central bank, which he said had managed to find ways around the obstacles. The enemies are trying to blame the economic problems on the government. No. Never. There is no economic reason for these erratic ups and downs, Mr. Ahmadinejad said. I have no doubt that we will return to normal conditions. But he did not offer any specific solution to the crisis, and the rials value weakened after he spoke. The reaction prompted one person who exchanges currency to predict that the rial would continue to lose value against the dollar and other currencies. Mr. Ahmadinejad said the economic pressures on Iran caused by the sanctions would never force it to compromise on the countrys uranium enrichment program, which Iranian leaders say is purely peaceful but the West suspects is a cloak for developing nuclear weapons capability. But the president repeated an earlier Iranian offer to stop enriching uranium to 20 percent purity, if world powers would be willing to provide Iran with that grade of nuclear fuel. We have announced that if they give us the fuel, we will stop production, Mr. Ahmadinejad said. But so far no one is prepared to do so. Also on Tuesday an Iranian lawmaker threatened that Iran would enrich uranium to 60 percent purity much closer to bomb-grade material, if talks with world powers failed. The lawmaker, Mansour Haghighatpour, deputy head of the foreign policy and national security committee in Parliament, said Iran needed the higher enriched fuel for still-to-be-designed nuclear submarines and ships, according to Press TV, Iran state televisions English language news channel.

THE NEW YORK TIMES INTERNATIONAL WEDNESDAY, OCTOBER 3, 2012

A9

Netanyahu Appears to Be Shifting Israels Iran Policy Toward More Sanctions

By ISABEL KERSHNER

JERUSALEM Benjamin Netanyahu, the prime minister of Israel, plans to travel to Europe before the end of the year, among other things to press for a toughening of sanctions against Tehran, Israeli officials said Tuesday. The plans appeared to be another indication of a shifting Israeli emphasis, at least for now, toward efforts to stop the Iranian nuclear program by means other than military action. Mr. Netanyahu told the United Nations General Assembly last week that a red line must be drawn capping Irans ability to enrich uranium, asserting that the country might reach an irreversible point in its drive for a nuclear weapon by next spring or summer. Mr. Netanyahu said that while American-led international sanctions have so far not succeeded in stopping Irans nuclear program, he believed that faced with a Jodi Rudoren contributed reporting.

clear red line, Iran will back down. This will give more time for sanctions and diplomacy to convince Iran to dismantle its nuclear weapons program altogether. The Israeli leaders speech appeared to suggest that the deadline for any military strike had been pushed off to mid-2013, well past the American presidential election, smoothing over a main point of contention between the Israelis and the Obama administration. The growing Israeli focus on a new round of sanctions comes amid reports of the deep impact that current sanctions are having on the Iranian economy. A recent internal report prepared by the Israeli Foreign Ministry stated that the sanctions might, according to some assessments, also be affecting the stability of the Iranian government, which insists that its nuclear program is for purely peaceful purposes. But because the sanctions have not yet persuaded the government in Tehran to suspend its nu-

clear drive, the Israeli report concluded, another round of sanctions is needed. We are calling for even stiffer sanctions to be imposed against the regime, but in the background there also needs to be a credible military option, Moshe Yaalon, one of Mr. Netanyahus top ministers, told Israel Radio on Tuesday. That integrated strategy is supposed to bring the Iranian regime to a point of decision. Mr. Netanyahu is expected to personally urge leaders in France and Germany to step up the already severe sanctions against Iran, according to one senior Israeli government official. He added that the new strategy was to focus on Europe out of concern that the impending American presidential election made any new action from Washington less likely. At the same time, the official said, a recent meeting of European foreign ministers in Cyprus suggested some openness to additional sanctions. Our feeling is that with the

ANDREW BURTON/REUTERS

Prime Minister Benjamin Netanyahu is planning to meet with European leaders.

elections and everything, weve not seen much on the American front except for sealing holes where the Iranians have found ways to get around the sanctions, the official said. Up until now, its been the U.S. and then

the Europeans following. If its the other way around, so be it. Weve got to go with what weve got. He added, Personally, I dont think well get a full trade embargo, but its always good to aim high and see what comes out of the wash. Other Israeli officials played down the notion of a policy shift regarding Iran and noted that Mr. Netanyahus plans for a trip to Europe had not yet been finalized. We have been calling for a beefing up of sanctions all the time, said one, adding that the latest moves were part of a continuum. Another cautioned that nobody has yet ascertained that the Europeans are ready to impose a new round of sanctions. Determining the type of sanctions would require a lot of work, he said, and would carry serious economic consequences for Europe. The officials were speaking on the condition of anonymity because they were not authorized

to comment on the issue publicly. Polls show that there is not much appetite among Israelis for a unilateral strike against Irans nuclear facilities, and Israels president, Shimon Peres, is one of several prominent figures who have spoken out against such a course of action. On Tuesday, Mr. Peres repeated those reservations. Paying a traditional Sukkot holiday visit to Rabbi Ovadia Yosef, the spiritual guide of the ultra-Orthodox Shas Party, which sits in the governing coalition, Mr. Peres said it would be preferable to deal with Iran without a war. He said that it was necessary to continue to work with a wide coalition and to increase the diplomatic pressure on Iran. Mr. Peres added that the current economic and diplomatic sanctions were serving to isolate the corrupt regime in Tehran, and that the most important thing was to work hand in hand with the United States of America, which remains the largest and most significant world power and a true friend of Israels.

Syria Berates Hamas Chief, An Old Ally, On State TV

From Page A4 steadfast ally, although it has denied allegations by domestic opponents and the United States that it has aided in Syrias crackdown. On Tuesday, Hezbollahs Web site reported that a senior commander in the group, Ali Hussein Nassif, had died carrying out jihadist duties. A Lebanese security official told The A.P. that Mr. Nassif had died in Syria. It was unclear whether he had been fighting alongside Syrian forces. The verbal assault on Mr. Meshal came amid a Damascus public relations offensive of sorts, hours after Foreign Minister Walid al-Moallem told the United Nations General Assembly that Syrias 18-month uprising was a terrorist movement being financed by the United States and its allies to weaken Syria, and that Syrians who had fled the country had been manipulated by Syrias neighbors in a coldhearted plot for those countries to demand foreign aid. Nearly 300,000 Syrians have sought sanctuary in Iraq, Jordan, Lebanon and Turkey, and the United Nations refugee agency has called the outflow a major humanitarian problem that could destabilize the region. On Tuesday, in a speech to Syrias Parliament, the countrys prime minister, Wael al-Halki, asserted that the world was punishing Syria for its resistance to the United States and Israel, and doubled down on the governments response to the crisis, saying that the army was the only guarantee of Syrias safety and integrity and that Parliament supported its measures against the crisis. He did not discuss the desperate flow of Syrians into other countries, but acknowledged that there were more than 600,000 internally displaced people (the United Nations counts more than

ZAC BAILLIE/AGENCE FRANCE-PRESSE GETTY IMAGES

Friends carried a rebel fighter to a gurney for treatment on Monday in Aleppo after he was wounded in the chest by gunfire during clashes with government forces.
double that), blaming terrorists for the crisis. Finally, the Parliament speaker, Muhammad Jihad Allaham, denounced the anti-Islamic film with shrouded origins in the United States that set off violent antiWestern protests in several Muslim countries. His statement appeared to be the latest instance of conspicuously incongruous solicitude toward Muslims from the steadfastly secular government as it struggles to maintain popular support during the uprising that opponents estimate has taken 30,000 lives. The newscaster who delivered the rebuke to Mr. Meshal also castigated Egypt and Turkey for what she said was their complicity in the Palestinians plight. At certain points her tone became snide: Meshal, since you are having a romantic emotional crisis over what you call the suffering of the Syrian people, the newscaster said, why didnt the Palestinian people elicit the same emotional reaction? She recalled how Syria defied other powers to grant him refuge in 1999. The plane that was carrying him was sent back from the skies of airports as if he was the plague, she intoned. Doha and Ankara and Amman and Cairo all evaded him that day because Israel had vetoed his reception, and no one dared to defy this veto except Damascus. Addressing him directly, she continued, The only possible interpretation for their sudden welcoming attitude today is that you are no longer wanted by the occupation referring to Israels occupation of Palestinian territories and no longer a threat to their safety. She offered a barely veiled good riddance. Syria is not regretful because it didnt do what it did expecting loyalty or thanks, she said, adding, Syria is happy that the person who sold resistance for power is leaving it now. The editorial also took shots at Turkeys bid to become a regional leader and champion of the Palestinian cause. For the Turks who have been major allies of the Syrian insurgency, providing a haven for its fighters that role is too big for them to handle, the newscaster warned. The Turkishization of the resistance is read in the Arabic language as your complete abandonment of it. Meshal, remember that fire needs authentic oil or the smoke will blind eyes. And the authentic oil for the fire of resistance is distinctly Syrian, Palestinian, Arab.

In New Era, Egyptian Police Mimic the Old, Critics Say

By KAREEM FAHIM

CAIRO Two deaths at an Egyptian police station last month have stoked fears that the country is not moving beyond its repressive past. The first involved a police raid on cafes in Meit Ghamr, an industrial town in the Nile Delta, human rights advocates said. During a rough search for scofflaws, the advocates said, the police beat a cafe owner, whom residents, including Atef al-Mansi, took to the police station to complain. But Mr. Mansi, 47, was detained, severely beaten in the station and died soon afterward, according to the Egyptian Initiative for Personal Rights, a human rights group that has investigated the attack. As angry residents converged on the station, police officers fired on the crowd, killing a second person, Sayed Adel, 27. The deaths in Meit Ghamr and other reports of abuse by the police have raised concerns that Egypts new government, hoping to fill the security vacuum after the uprising last year, has been content to bring back an unreformed police force that is continuing old patterns of repression. A report released on Tuesday by Amnesty International said that while there had been cosmetic changes in the countrys security forces during the transitional period, there had been no effort to account for past abuses

or to prepare officers for the new era. The authorities have taken no major steps to rein in the police, the report said. Nearly two years after the 25th January Revolution, it went on, many believe that police officials suspected of serious human rights violations remain in positions where they could repeat them, or in some instances, have been promoted. Karim Medhat Ennarah, who

Old patterns of repression seem to continue.

researches criminal justice matters for the Egyptian Initiative for Personal Rights, said the problem of police abuse had worsened, as officers anxious to reassert their authority confronted a newly empowered citizenry. The police recently have become more brutal, and the community has become more responsive, Mr. Ennarah said. When the police face any resistance, they become more violent. Theyre very defensive and on edge. Abuses by the security services were a core complaint of the protesters who toppled President Hosni Mubarak. For many of

them, the death of a young man named Khaled Said beaten to death by officers in broad daylight six months before the uprising symbolized the culture of impunity that surrounded the security services. As the Muslim Brotherhood, a group whose members bore the brunt of the states repression for decades, came to power in Egypt, many rights advocates assumed that reforming the security services would be a priority for the new government. But despite promises, there has been little evidence of such reform, rights groups say. The new president, Mohamed Morsi, installed a career police officer as the head of the interior ministry, which oversees units implicated in abuse. Since Mr. Morsi took office on June 30, rights violations by the police have continued, the Amnesty International report said. Recently, a street vendor, Amr alBunni, was shot to death by a tourism police officer following an altercation. After residents of Mr. Bunnis neighborhood clashed with the police, at least 16 people were arrested, including a 14-year-old boy who said he was detained for three days, beaten and then released without charges. The officer accused of the killing was released on bail, Amnesty International said. Theres a double standard, said Mohamed Lotfy, a research-

er with the group. When civilians are accused of offenses, the sword of justice is quick to punish them and to punish them in a way that involves repression. Some rights advocates said the lack of reform could be tied to public impatience with the disorder that followed the uprising: Egypts first democratically elected leader may see the need to restore security as more urgent than rooting out the deeply ingrained culture of abuse. Mr. Ennarah said that leading government officials had discussed the problems with human rights advocates, but that implementation had been absent. There are people who are very conservative in the government, he said, and they are unwilling to antagonize the police. There are people interested in reform, he continued, but it hasnt gone beyond that.

A10

THE NEW YORK TIMES INTERNATIONAL WEDNESDAY, OCTOBER 3, 2012 NEW DELHI JOURNAL

The Road to the Schoolhouse Proves Perilous for Indias Young

By SRUTHI GOTTIPATI

NEW DELHI On the day Japneet Singh died, his father dressed him neatly in his crisp school uniform for picture day at his nursery school. At school, Japneet, 4, smiled shyly for the camera. But he never made it home. That afternoon, when Japneets grandfather arrived to pick him up at the bus stop, he found him lying on the roadside in a pool of blood. Japneets schoolbooks were scattered on the ground, and his brother, Parmeet, was kneeling beside Japneets crumpled body, shaking him. Get up, Cherry! Parmeet implored, calling his brother by his nickname. Get up! Such scenes have become all too familiar in India, which leads the world in total traffic fatalities. A startling number of the victims are schoolchildren. Horrific school bus accidents occur with alarming regularity. At least 14 students died and 21 were injured in March when a school bus plunged into a canal in the southern state of Andhra Pradesh. In July, one student died and dozens were injured when their bus fell into a gorge in Kashmir. And often the accidents are like the one that killed Japneet he exited the bus and was crushed beneath its wheels. Experts attribute the accidents to a deadly combination of bad roads, chaotic traffic, poorly enforced safeguards, badly trained bus drivers and a lack of political will to address the problem. Safety analysts also say that the Indian public has failed to demand safer services. There is no public anger, said Harman S. Sidhu, president of ArriveSafe, a nonprofit group focused on improving road safety in India. Its accepted as part of Indias road crashes. In any Indian city or village, schoolchildren can be seen hunched under heavy backpacks in matching uniforms, dodging traffic as they walk to or from school or a bus stop. Indias school enrollment has exploded as the countrys economy has

TAUSEEF MUSTAFA/AGENCE FRANCE-PRESSE GETTY IMAGES

In one accident in Kashmir, in July, a bus carrying students fell into a gorge. At least one student died and dozens were injured.

School bus accidents occur with alarming regularity.

taken off, with elementary schools alone adding about 34 million children in the past eight years. But the number of vehicles tearing through Indias roads has increased even more sharply, doubling to 74 million vehicles in the same period. More than 14 million were added last year alone. This combination of more students and more cars has resulted in far more accidents. No statis-

tics are available on school bus accidents or deaths, but overall traffic fatalities have markedly risen during the past decade. Nearly 134,000 Indians were killed in traffic accidents in 2010, the most recent year for which government figures are available. For many children, the journey to school is often filled with hazards. Roads are poorly planned and rarely maintained. Only half are paved. Drivers often lack much formal training and recklessly navigate through choked city streets. Crosswalks, road signs and even sidewalks may be missing. Fifteen years ago, India enacted its first laws regulating

school bus safety, after a Supreme Court judgment demanded, among other guidelines, that buses have doors that can open and close, a mechanical device to limit the vehicles speed, a qualified conductor and an experienced, law-abiding driver. Now its a question of enforcement, said Mahesh Chander Mehta, the lawyer who filed the case, noting that existing regulations are often ignored. The laws are there. But all over the country awareness is lacking. Ameeta Mulla Wattal, vice chairwoman of the National Progressive School Conference, a coalition of 130 schools, said the lack of enforcement was compounded by a lack of punishment

after an accident occurs. Im sure there are hundreds and thousands of schools that dont follow it, Ms. Wattal said of the guidelines. She said that more stringent rules were needed to address matters like the overcrowding of school buses, which are currently allowed to be stuffed to one and a half times their capacity. Bus operators do this to save money, Ms. Wattal said. This should be contested, she said. It is ridiculous. Safety analysts emphasize the need for government action but argue that the onus is also on schools, which need to take safety more seriously. Many schools collect transportation fees from

students and then contract with a private bus operator to provide the services. If theres a crash, the school management passes on the responsibility to the bus driver and operator, said Mr. Sidhu, president of ArriveSafe. They pass the buck. This year, officials in the western state of Maharashtra introduced measures to address a spate of bus accidents. The new proposals called for tougher rules for the licensing of operators, the replacement of older buses and stricter enforcement to ensure the installation of devices that limit speed. In response, an association of school bus owners, complaining of higher costs and calling the measures impractical, staged a strike. Moreover, school buses are only part of the scrambled student transportation network. In the New Delhi metropolitan area alone, several thousand students cram into vans, euphemistically referred to as school cabs. Others across India are ferried in auto-rickshaws, a popular threewheel vehicle in the country that has no doors, with children often spilling from the sides. Arvinder Singh, the father of the boy killed by his school bus, said he had thought the school bus was a safer option than the vans and auto-rickshaws. Yet, school and government officials were callous and apathetic, he said, when he looked to hold someone accountable after Japneets death. I handed over my child to them, Mr. Singh said on the first anniversary of his sons death last month. Its basically a trust we give to the school that theyll keep our children safe. The school bus driver was arrested, and the case is now in court. Mr. Singh said that the school had offered him about $5,400 but that he had refused the money, saying he wanted justice. I have lost my child, said Mr. Singh, who plans to start a nonprofit group committed to child safety. I know he wont come back to us. But I dont want other parents to suffer like I have.

U.S. Is Tracking Killers in Attack on Libya Mission

From Page A1 hammered the administration over the possible intelligence failures that preceded the attack including a new accusation that repeated requests for strengthened security in Benghazi had been rejected. But any American military action on Libyan soil would risk casualties and almost certainly set off a popular backlash at a moment when gratitude for American support in the revolt against Col. Muammar el-Qaddafi has created a measure of appreciation for the United States in the region. Reflecting a surge in nationalism, the Libyan government has opposed any unilateral American military action in Libya against the attackers. We will not accept anyone entering inside Libya, Mustafa Abu Shagur, Libyas new prime minister, told the Al Jazeera television network. That would infringe on sovereignty and we will refuse. At the same time, the Libyan government still depends almost entirely on autonomous local militias to act as the police, complicating any effort to detain the most obvious suspects. Libyan and American officials acknowledge the possibility that some of the perpetrators may have fled the country, perhaps across the porous southern border. It is a kind of hypocrisy really, said Fathi Baja, a liberal former member of the Transitional National Council from Benghazi. Despite promises of swift retribution, he said, the government had not taken any steps to confront or interrogate those most widely believed to bear responsibility. Both American counterterrorism officials and Benghazi residents are increasingly focused on the local militant group Ansar alShariah as the main force behind the attack. Counterterrorism officials in Washington say they now believe that Ansar al-Shariah had a rough attack plan for the American diplomatic mission on the shelf and ready for some time just in case, as one official put it. Then, the officials said, reports of the breach of the United States Embassy in Cairo, on the 11th anniversary of the Sept. 11, 2001, terrorist attacks provided the impetus. In the hours after the Benghazi attack, the American official said, spy agencies intercepted electronic communications from Ansar al-Shariah fighters bragging to an operative with Al QaeEric Schmitt reported from Washington, and David D. Kirkpatrick from Tripoli, Libya. Suliman Ali Zway contributed reporting from Benghazi, Libya.

Added Security in Libya Was Rejected, G.O.P. Says

By JOHN H. CUSHMAN Jr.

AGENCE FRANCE-PRESSE GETTY IMAGES

This widely published photograph, taken in the aftermath of the attack in Benghazi, Libya, that left the American envoy and three others dead, appears to capture one potential witness.
da in the Islamic Maghreb, an Algerian insurgency that has made itself a namesake of the global terrorist group founded by Bin Laden. Another intercept captured cellphone conversations by militants on the grounds of the smoldering American Mission in Benghazi that suggested links to, or sympathies for, the regional Qaeda group. In Benghazi, Ansar al-Shariahs role in the attack has been an open secret since it began. The groups leaders had boasted of their ability to flatten the United States Mission compound. Witnesses saw trucks emblazoned with the logo of their brigade at the scene, fighters who assaulted the compound acknowledged their affiliation with the group and witnesses saw their faces. Some Libyan guards at the compound saw them close up, and injured attackers were then treated at local hospitals. Although in the immediate aftermath of the attack Libyan officials issued conflicting and unverifiable reports about arrests, the Libyan government has never identified anyone detained, and in recent days officials have declined repeated requests to provide any details. Members of the new national congress, speaking on the condition of anonymity because of the continuing investigation, acknowledged with frustration on Tuesday that Ansar al-Shariah members had not been questioned and remain at large. Mustafa el-Sagizli, a senior official in the transitional government and an officer in one of Benghazis main militias, the February 17 Brigade, said the government had detained a few looters. But he said he did not believe anyone had been detained in connection with the attack itself. It was a mess, he said, and it was hard to tell who did it. Leaders of the large militias that provide the only law enforcement in Benghazi all say they are awaiting further evidence or formal orders before any move to round up or bring in members of Ansar al-Shariah. Privately, militia leaders complain that detaining Ansar al-Shariahs leaders and fighters could require a bloody confrontation. In an interview on Tuesday, Ibrahim el-Sharkasi, a top official of the Interior Ministry, said he had no knowledge of any detentions or interrogations. He insisted that a special judge had been appointed to lead the investigation. But he said he could not name the judge. And there have been no reports of such an appointment. Investigators from the F.B.I., meanwhile, remain in Tripoli, working in concert with other American government agencies from the well-guarded residential compound now serving as the United States Embassy and unable to travel to Benghazi because of security concerns. Moving ahead with a roster of potential targets, the military planners in Washington started by culling pre-existing lists of suspects that are continuously updated by the Joint Special Operations Command and the C.I.A. American officials say that since the Benghazi attack, Special Operations planners have sharply increased their efforts to track the location and gather information on several members of Ansar al-Shariah as well as other militants with ties to Al Qaeda in the Islamic Maghreb. It is unclear precisely how many of the target packages are being prepared perhaps a dozen or more. But military and counterterrorism officials said that Libyan authorities had helped by at least identifying suspected assailants based on witness accounts, video and other photographs from the scene. They are putting together information on where these individuals live, who their family members and their associates are, and their entire pattern of life, said one American official briefed on the planning. Intelligence officials are focusing on militants in Benghazi and eastern Libya, but they must also survey elsewhere because of the possibility that some have fled. And to help prioritize which militants to watch, the Pentagon has stepped up its use of surveillance drones flying over eastern Libya, collecting electronic intercepts, imagery and other information that could help planners compile their target lists. You need to be constantly updating and refining the information on the top targets so that when you get approval, youre absolutely ready to take action, said Rick Nelson, a former Special Operations planner who directs the homeland security and counterterrorism program at the Center for Strategic and International Studies in Washington.

WASHINGTON Republicans on the House oversight committee on Tuesday accused officials in Washington of turning down repeated requests for increased security in Benghazi, Libya, before the fatal attack on the diplomatic compound there last month. In a letter to Secretary of State Hillary Rodham Clinton, committee leaders listed more than a dozen episodes, several of them violent, in the past six months that they said formed the basis for repeated requests by the diplomatic mission in Libya for more security resources. Representatives Darrell Issa of California, the committees chairman, and Jason Chaffetz of Utah, chairman of the subcommittee on foreign operations, said in the letter that officials, whose names they did not reveal, had told them of the requests. They asked for details and a briefing before a hearing that they have scheduled for Oct. 10. The State Department spokeswoman, Victoria Nuland, said the administration would cooperate fully with the committee, but it was not yet ready to answer its specific questions or comment on its assertions. We want to get to the bottom of precisely what happened and learn any lessons that we need to learn from it, she said. Were taking this very, very seriously. The attack, on Sept. 11, killed Ambassador J. Christopher Stevens and three other Americans. Based on information provided to the committee by individuals with direct knowledge of events in Libya, the attack that claimed the ambassadors life was the latest in a long line of attacks on Western diplomats and officials in Libya in the months leading up to Sept. 11, 2012, the letter said. Multiple U.S. federal government officials have confirmed to the committee that, prior to the Sept. 11 attack, the U.S. mission in Libya made repeated requests for increased security in Benghazi, it said. The mission in Libya, however, was denied these resources by officials in Washington. In June, the letter asserted, Mr. Stevens was threatened in a posting on a Facebook page supporting the old government in Libya. Other episodes it cited included harassment, beatings, unsuccessful bombing attempts, gunfights and attacks with rocketpropelled grenades, directed not only at Americans but also at other international representatives and the new Libyan authorities.

Put together, these events indicated a clear pattern of security threats that could only be reasonably interpreted to justify increased security for U.S. personnel and facilities in Benghazi, the letter said. The events in Benghazi have been seized upon by Mitt Romney, the Republican presidential candidate, and by other critics of President Obama as evidence of weakness in his foreign policy. The administration, for its part, has varied its descriptions of the attack, first saying that it appeared to be a spontaneous or opportunistic escalation of a riotous protest, then that it seemed to be an act of deliberate terrorism. The lawmakers letter asserts that it was clearly never, as administration officials once insisted, the result of a popular protest. Mr. Issas inquiry, like oth-

House members cite repeated requests from Benghazi.

ers he has conducted on issues like the Solyndra solar energy loan and the Operation Fast and Furious gun operation, is likely to fuel the political debate, this time on embassy security and, more generally, the handling of foreign policy, especially in the roiled Middle East. Republicans on the Senate Foreign Relations Committee, raising parallel concerns about security in Benghazi, have also asked Mrs. Clinton for the relevant cables. One episode cited by the House committee was the firing in May of rocket-propelled grenades at a Red Cross office less than a mile from the United States diplomatic office in Benghazi, an earlymorning attack that caused no casualties. A Facebook posting that claimed responsibility said, We announce that Libya is an Islamic state, adding, Now we are preparing a message for the Americans for disturbing the skies over Derna, a port city. In early June, a two-vehicle convoy carrying the British ambassador came under rocket-propelled-grenade attack, which the letter called, an important escalation. In late June, the Red Cross was attacked again, and the organization pulled out, leaving the American compound with the last Western flag flying in Benghazi, making it an ideal target for militants, the letter said.

THE NEW YORK TIMES INTERNATIONAL WEDNESDAY, OCTOBER 3, 2012

A11

Georgias President, in an Extraordinary Turn, Concedes an Election Defeat

By ELLEN BARRY

TBILISI, Georgia President Mikheil Saakashvili of Georgia conceded defeat in parliamentary elections on Tuesday and declared himself an opposition politician, an extraordinary event in a country whose other post-Soviet leaders have left office under pressure from chanting crowds and the threat of civil war. Mr. Saakashvili, 44, saw his presidency as a mission to wrench Georgia free of its Soviet past, which made it especially striking to see him let it go so calmly, a bronze bust of Ronald Reagan visible behind his right shoulder. A coalition of opposition groups, called Georgian Dream, won the vote on Monday by 55.1 percent to 40.1 percent, the Central Election Commission reported on Wednesday morning, with about 96 percent of precincts reporting. You know well that the views of this coalition were, and still are, fundamentally unacceptable for me, Mr. Saakashvili said. There are very deep differences between us, and we believe that their views are extremely wrong. But democracy works in this way the Georgian people make decisions by majority. Thats what we, of course, respect very much. Tbilisi, the capital, had become increasingly tense as the elections approached, and many feared that they would end in a confrontation between government forces and the throngs of voters who had coalesced around Mr. Saakashvilis challenger, the billionaire philanthropist Bidzina Ivanishvili. Both of Mr. Saakashvilis predecessors, Zviad K. Gamsakhurdia and Eduard A. Shevardnadze, left office in chaotic circumstances, hoping to avoid civil unrest. Mr. Saakashvilis concession opens the door to another unknown. He will remain president until next year, so he will have to serve alongside Mr. Ivanishvili, who will most likely be prime minister. An hour after Mr. Saakashvilis concession, though, Mr. Ivanishvili excoriated him at length, calling him the main cause of all the bad things in Georgia, and said the two men could not collaborate. Mr. Ivanishvili then said Mr. Saakashvili should resign and Olesya Vartanyan contributed reporting.

JUSTYNA MIELNIKIEWICZ FOR THE NEW YORK TIMES

100 MILES

RUSSIA

Bidzina Ivanishvili, the leader of the opposition bloc Georgian Dream, on Tuesday. President Mikheil Saakashvili conceded defeat in parliamentary elections and said democracy must prevail.
Dozens of United States and European officials had streamed into Tbilisi to serve as consultants or observers, and on the eve of the vote it was difficult to traverse a hotel lobby without passing an American congressman. Under Mr. Saakashvili, Georgia has been the United States staunchest ally in the post-Soviet orbit, and its capital features a statue of Mr. Reagan and a street named after former President George W. Bush. Western officials have frequently warned Mr. Saakashvili about his excesses, including when the police used rubber bullets and water cannons to disperse demonstrators in 2007. As the election approached, American officials and other interlocutors shuttled between Mr. Ivanishvili and Mr. Saakashvili, hoping to defuse tensions in the event of a disputed vote. Representative David Dreier, Republican of California, said he quoted Winston Churchills directive, In victory, magnanimity. This is clearly the most competitive election in the history of the country, said Mr. Dreier, who led a delegation from the International Republican Institute, an American democracy-building organization. Lets hope that brings about a different outcome than the ones weve seen in the past where, basically, you grind your heel into the opposition. Senator Jeanne Shaheen, a New Hampshire Democrat who met with Mr. Saakashvili on Tuesday morning, said he showed his statesmanship, and his commitment to the democratic process, and to continuing the values that he has put in place. Clearly, it was hard, she said. Its never easy to lose. Mr. Saakashvili made it clear in his brief remarks that his mind was on his legacy. He was just 36 when he was swept into office by the Rose Revolution, and his plans were big: disbanding the hated traffic police; instituting a zero-tolerance policy that swelled the prison population fourfold; introducing English, not Russian, as the countrys second language; replacing Soviet concrete-slab construction with jawdropping glass buildings; and establishing Georgia as a laboratory for free-market policies. Many of his pet projects were criticized during the campaign, which tapped into frustration over persistent poverty and unemployment, as well as weariness with a clique that had monopolized politics for eight years. In his remarks, Mr. Saakashvili dwelled on the changes that had taken place in society. The achievements of the Rose Revolution in the last eight years are very important not only for Georgian history it is one of the most important periods of Georgias multicentury history but they have turned Georgia into one of the key countries for the rest of the world, he said. Therefore, I am deeply confident that ultimately, regardless of what threats these achieve-

S.

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schedule new presidential elections. This will be the end of his problems, he said at a news conference. This would be a good way for him to keep his image. This would be good for Georgia. Mr. Saakashvilis national security adviser, Giga Bokeria, went on television to make it clear that there would be no new presidential elections. If someone is interested in provoking a crisis, this is a very dangerous choice, he said. It is not about personalities. It is about Georgian democracy and the will of the people.

ments may face within the nearest months or years, their eradication is impossible. His decision to step aside clearly resonated deeply with some Georgians. We have no tradition of democracy with no shooting, said Mikheil Sologashvili, 51. What weve had here is, You kicked me out, and I ran away. I am so happy that I woke up after the election, and that on the second day, I heard the president say that even though he disagrees, this is the demand of democracy. For me, that is better than if someone gave me the latest model of Mercedes. He said it would be a great mistake for Mr. Saakashvili to leave office before his term ends next year. A big ship leaves big waves behind it, he said. He should not leave quickly. He should calm the waters. Much attention swung immediately to Mr. Ivanishvili, who is still a mysterious figure to many in the West. A central question is how close Mr. Ivanishvili will bring Georgia to Russia, the country where he earned his billions. Mr. Ivanishvili has promised to use diplomacy to normalize the countrys relationship with Russia, which in 2006 closed its markets to imports of wine, fruit and bottled water, stripping many people of their livelihood. At his news conference on Tuesday, Mr. Ivanishvili said without hesitating that he planned to bring Georgia even closer to the United States and that he, like Mr. Saakashvili, hoped to steer the country toward NATO membership. However, he went on to inveigh against Mr. Saakashvili, deriding his trademark reforms, as well as recent projects like a plan to build a city, Lazika, on the Black Sea, and a joint construction venture with Donald J. Trump. Ms. Shaheen, the New Hampshire senator, said she had heard little specific from Mr. Ivanishvili about how he intended to collaborate with Mr. Saakashvili. Georgian Dream and the opposition said they would never hold elections, she said of the current government. They said the elections would never be open and free and fair, that the people of Georgia would not be free to express their will, and, if they did, President Saakashvili would not concede and step down. I would point out that they were wrong on all three counts, she said.

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WEDNESDAY, OCTOBER 3, 2012

ERIC THAYER FOR THE NEW YORK TIMES

HEY, ARE THEY OLD ENOUGH TO VOTE?

Paul D. Ryan, the Republican vice-presidential candidate, signed autographs Tuesday at an event in Muscatine, Iowa. The Republican and Democratic campaigns both estimate that at least 30 percent of Iowans will vote early this year, making the state a popular stop.

Not Seen For Months, But Running In Illinois

Absence of Jackson Creates Odd Campaign
By MONICA DAVEY

Obama Camp Outspending Romney On TV Ads

By JIM RUTENBERG and JEREMY W. PETERS

CHICAGO Unfolding across a stretch of this citys South Side is one of the most peculiar political contests of this election season: a race in which the front-runner has not appeared in public since early June. Campaign advisers for Representative Jesse L. Jackson Jr., who has been undergoing treatment for bipolar disorder, say he is on the ballot to stay and is awaiting permission from his doctors to return to public life. A tour of his district on a recent day turned up no evidence of billboards, new yard signs or surrogates on the stump, and a campaign office that was locked during business hours. Mr. Jacksons absence has left his little-known opponents one of whom drives the neighborhoods in a 2003 Toyota Corolla blaring the gospel song Its Time, by the Winans, from a megaphone that hangs from the back window in the surprisingly difficult position of trying to stir up opposition to a campaign that does not seem to exist. Ive started to use the expression Come out, come out, wherever you are! said Marcus Lewis, who is running as an independent. Mr. Jackson has held his office in this deeply Democratic district since 1995, and speculation has centered not on who will win (he will, of course, pundits say) but on whether he will be seen before the votes are cast. The issue is not that hes been ill its this outright refusal to talk to constituents, to people, to anybody, said Brian Woodworth, the Republican candidate. Theres nothing, no communication. Its almost as if hes got some sort of secret bet with someone, like Watch this, guys, I can win this without even touching the street. In a way, the election here is a study in how much has changed about mental illness since the 1970s, when Thomas F. Eagletons candidacy for vice president was swiftly ended by revelations of depression and electroshock therapy. Along the streets here, both supporters and detractors of Mr. Jackson said they empathized with his medical issues, and many told stories of relatives and friends with similar struggles. But the election is also a reminder of some entrenched truths about big-name Democrats and lasting loyalties in

NATHAN WEBER FOR THE NEW YORK TIMES

Marcus Lewis, an independent who is running against Representative Jesse L. Jackson Jr., on Monday in Chicago.
places like Chicago, where the real fights often end with the Democratic primary and where John Stroger, the longtime president of the Cook County Board of Commissioners, who is now dead, won his last primary election a week after suffering a debilitating stroke. Hell be re-elected overwhelmingly, Laura Washington, a political analyst here, said of Mr. Jackson. He has no significant, known opposition. Hes a long-term incumbent. And theres a lot of heartfelt sympathy for him. The district of Mr. Jackson, 47, a son of the Rev. Jesse L. Jackson, shifted for this election as part of the once-a-decade redrawing of boundaries in a way that might have suggested new vulnerabilities. The newly drawn territory has a smaller percentage of black voters about 54 percent, down from nearly 68 percent. Yet Mr. Jackson ran one of the most aggressive primary campaigns he had in years, crushing Debbie Halvorson, a former member of Congress, in March with more than 70 percent of the vote. Still, at a busy intersection along 71st Street here where large images of Mr. Jackson and his wife, Alderman Sandi Jackson, still smile out from a building that houses their offices not everyone sounds patient. Look, I care about him and all, but its not about that, said Michael Johnson, 35. My thing is what is he going to do for the country? What can he be doing? And where is he? For months, that question has hovered. Since late June, Mr. Jacksons office has offered only bits and pieces of explanation in terse, sometimes conflicting statements that raised nearly as many questions as they answered. Wild speculation simmered over his ailments, a still-looming House ethics investigation into his efforts in 2008 to replace Barack Obama in the Senate and, lately, the significance of the disclosure that his redbrick town house in Washington was on the market (asking price: $2.5 million). Around Labor Day came hints that Mr. Jackson might reappear soon. Images were made public of Mr. Jackson receiving visits at the Mayo Clinic in Minnesota from Representative Dennis J. Kucinich of Ohio and former Representative Patrick J. Kennedy. Mr. Jacksons office confirmed that he had been released from the Mayo Clinic after treatment for bipolar II depression, and at one point noted that he had weight loss surgery in 2004, which, a statement from his representatives said, can change how the body absorbs food, liquids, vitamins, nutrients and medications. He was recuperating, his office said, at his home in Washington. Mr. Jacksons father has counseled patience when asked about his sons plans. The disorder he has faced does not lend itself to a set timetable, Mr. Jackson told reporters in September. Last week, Kevin Lampe, a political consultant for Mr. Jackson, offered no predictions about when the candidate might appear, saying that was entirely in the judgment of doctors. Mr. Lampe acknowledged that the campaign office in Mr. Jacksons district was rarely, rarely staffed during the regular workday, but said the campaign was proceeding with a field operation registering voters and would soon proceed to get-out-the-vote efforts for early voting and then Election Day. He declined to discuss any plans for fund-raisers, advertising or other traditional campaign maneuvers, saying he never discussed strategy. Democratic leaders here could appoint a replacement for Mr. Jacksons spot on the ballot if he were to step aside at least 15 days before the election, but Mr. Lampe discounted such suggestions. Hes on the ballot, and hes staying on the ballot, he said. For several challengers, like Mr. Lewis, a postal worker who does the overnight shift and is staging his bid from his basement in the suburbs, silence feels worse than a tough head-on fight. He has tried to create a stir by handing out his business cards and driving around with a campaign sign on his car. There is a campaign, he said. Its just that most folks dont even know it. On a recent afternoon, Anthony W. Williams, a pastor and a write-in candidate who has run for Mr. Jacksons job many times (as a Democrat, a Republican, a Green Party candidate and a Libertarian), stood near an intersection where eight youths were shot on a single night in August, ticking down a list of troubling issues for the area before a small cluster of supporters. People out here are trying to survive, trying to make it day to day, he said, before the topic turned back to Mr. Jackson and when he might turn up.

DENVER For every five commercials Mitt Romney and his allies ran here in this vital swing state in the last two weeks of September, President Obama and Democrats ran seven, accusing Mr. Romney of having a tough luck attitude toward the middle class and asserting that Mr. Obama has brought the economy back from the brink. In Florida, the disparity was greater. The number of pro-Obama ads outnumbered pro-Romney ads by almost 50 percent some 13,000 of them accusing Mr. Romney of outsourcing jobs to China, trying to gut Medicare and hiding his tax returns from the public. The story was the same in most of most of the other battlegrounds. In Ohio and in Iowa, in Norfolk, Va., and on the Boston stations that feed New Hampshire, Mr. Obama out-advertised his rival after the parties nominating conventions, according to data compiled by the political advertising monitoring firm Kantar Media/CMAG. Mr. Obamas continued advantage on the airwaves, which counters Democratic predictions that he would be far outgunned by Mr. Romney and his allied super PACS by now, may help explain why polls in most of the competitive states have shifted in his direction over the last month. On top of the problems Mr. Romney created for himself with his 47 percent comments, Mr. Obamas ad onslaught appears to have helped the president gain an advantage on issues like Medicare while eating into what had seemed be Mr. Romneys advantage on the economy. It also drove home the image of Mr. Romney as out of touch with the middle class that Democrats spent all summer advancing. While pressing his advantage on broadcast television, Mr. Obama has spent large amounts to put his message in front of women who watch soap operas and talk shows like The View, and in front of the young viewers who watch shows like Late Night with Jimmy Fallon. And on cable, where Mr. Obama ran commercials unopposed for most of the year and where even now he is regularly on twice the number of channels as Mr. Romney he has put his commercials in front of the men who watch ESPN and the African-Americans who watch BET. The dynamic in the political air wars has led to worry among Republican Continued on Page A16

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

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EL ECTION 2012

In 90-Minute Debate, 2 Candidates Stand On Equal Footing

By JEFF ZELENY

DENVER President Obama will have the first word at the presidential debate. Mitt Romney will have the last word. But even before they step onto the stage and shake hands here Wednesday evening, voters across the country are already starting to have the final word. With a little more than a month left in the race, and early voting under way in 35 states, that is the reality facing Mr. Obama and Mr. Romney as they meet for the first of three face-to-face debates. While Republicans concede time may be fading for Mr. Romney to change the dynamic of the campaign, Democrats know it has not faded yet and both men face risks and rewards for their performances. A presidential race between an incumbent and a challenger, which has played out for most of the year in biting television commercials and fiery speeches, suddenly narrows to a pair of candidates standing side-by-side starting at 9 p.m. Eastern time. For 90 minutes, the rivals will be essentially equal, creating what Mr. Romneys advisers believe is a critical opportunity to make a move in the race. There will be no rigid time limits, buzzers or cheering that often threatened to turn the Republican primary debates into a recurring political game show. The debate will be divided into six segments of 15 minutes, with ample opportunity for robust exchanges and a level of specificity that both sides have often sought to avoid. As Mr. Romney took a lunch break on Tuesday, he told reporters, Im getting there, when asked whether he was ready for one of the biggest moments of his campaign. In Nevada, where Mr. Obama practiced for the debate, he went for a quick tour of the Hoover Dam. Here is a look at a few things to watch in style and in substance as the debate unfolds at the University of Denver, here in the battleground state of Colorado, for the first of three encounters between the president and Mr. Romney, the former governor of Massachusetts. RIVALS The two men may spend considerable time talking and thinking about each other, but they know each other only from afar. They have not appeared on the same stage in nearly eight years, when they both spoke at the winter Gridiron Dinner in 2004, a white-tie gathering that is a staple on the social calendar of official Washington. While advisers to Mr. Obama and Mr. Romney said that the two men seem to have little genuine appreciation for each other, it is unlikely their true feelings will be on display. The president, who has yet to live down an offhand remark from a debate in 2008 when he told Senator Hillary Rodham Clinton she was merely likable enough, has been

warned by his aides to avoid being smug. Mr. Romney may have a bit more latitude in this regard as he tries to show Republicans and undecided voters that he can forcefully challenge the president and regain command of the race. TOPICS The debate is to focus on domestic issues, with a particular emphasis on the economy. There is no shortage of material, considering the national unemployment rate is at 8.1 percent. But even though the rationale of Mr. Romneys candidacy is rooted in his business experience and his promise to revive the economy, advisers said he would try to broaden the argument against Mr. Obamas job performance by raising questions about how his administration handled the attack on a diplomatic mission last month in Libya that killed four Americans. The challenge for both men in the debate, to be moderated by Jim Lehrer, will be to enliven the conversation with fresh details, rather than offering a line-by-line replay of the campaign so far. There are many potential flash points, including: health care (the national plan signed into law by the president and the Massachusetts law signed by Mr. Romney); the nations fiscal crisis and solutions for reaching a comprehensive deficit reduction deal, including the willingness to raise taxes and overhauling the nations tax code. STAGECRAFT A coin toss determines speaking order: Mr. Obama opens and Mr. Romney closes. Their respective campaign representatives have spent days on details as small as how many family members can take the stage after the debate, a sign that almost nothing will be left to chance. Yet the chemistry between the two candidates cannot be rehearsed and their interactions could be just as important as the answers to the debate questions. Mr. Romney has practiced being respectfully aggressive, a senior adviser said, with a goal of pleasing Republicans who believe he has been too passive. At the same time, the objective is to not turn off independent voters, women or others who may be disappointed with Mr. Obamas policies but still like him. Mr. Romneys goal is not focused on tearing down the president, aides said, but rather to use the audience of tens of millions of American to show that he can be trusted to improve their lives. In my view its not so much winning and losing its about something bigger than that, Mr. Romney told supporters here Monday night. These debates are an opportunity for each of us to describe a pathway forward. The president, who polls show has developed a lead in several battleground states, has been instructed by aides to use humor and his wide smile to fend off attempts to be drawn into the fray.

CHIP SOMODEVILLA/GETTY IMAGES

Workers in Denver on Tuesday preparing for the first presidential debate. It will have no rigid time limits, buzzers or cheering.

Squaring Off, With Body Language

Peggy Hackney, an analyst working with the New York University Movement Lab, has examined the body language exhibited by President Obama and Mitt Romney in a number of speeches and debates. Here is a look at some of the signature gestures that they use.
OBAMAS GESTURES While the force of Mr. Obamas movements can

prompt the viewer to support his argument, controlled movements can also make the viewer feel that the path suggested would not be easy.

ROMNEYS GESTURES Mr. Romneys body language is generally more free-flowing than Mr. Obamas. Such movements can be infectious, encouraging the viewer to join with the speaker.

Cutting Mr. Obama often makes a downward chopping motion to place emphasis on an action verb. He has used this to convey a task that he or the viewer might undertake, as well as to sarcastically suggest something his opponent might do.

Tilt and Nod Mr. Romney often uses two head movements to punctuate an idea. In the first, he tilts his head to one side, with eyes open wide, as if to ask, Dont you agree with me? In the second, he nods his head, a gesture that suggests, Of course we agree.

Waving a Ball The president moves his forearm from the elbow with his palm open, fingers slightly rounded, as if he were holding a a baseball. He often uses this gesture when trying to pass along a belief that he wants the viewer to embrace.

Pointer This may be Mr. Obamas most frequent gesture. He holds his hand in a fist with his thumb overlapping the first joint of the forefinger as if he were operating a remote control.

Embrace Mr. Romney has both hands open, fingers loose, suggesting an imminent embrace. Both arms move up and down in a motion that is free-flowing, as if to say that his logic is obvious to all.

Pointer This gesture is similar to Mr. Obamas pointer movement, except that Mr. Romney holds his thumb to the palm side of his forefinger. Mr. Romney swings his forearm more freely than Mr. Obama does, a gesture that emphasizes strength of conviction.
THE NEW YORK TIMES

Sources: Motion capture and gesture recognition by Chris Bregler, Damon Ciarelli at the N.Y.U. Movement Lab

He is aiming to be confident and humble about his first term, one adviser said, in hopes of avoiding coming across as arrogant or dismissive. Both candidates will come to the debate armed with well-practiced one-liners, the moments they hope will become sound

bites that will shape the narrative in the days to come. It will be telling how long they wait before starting to unload them and how they address one another from the outset of the debate.
OLD VS. NEW The general election

debates, which pushed presiden-

tial campaigns into the television age a half-century ago, are now facing a new test. The rise of social media has already reshaped the race, raising questions of whether the audience will match the 52.8 million viewers who tuned into the first debate between Mr. Obama and Senator

John McCain four years ago. But this year, on the eve of the first debate, Ohio became the second battleground state on Tuesday to open its doors to early voting. And by the time the third debate takes place on Oct. 22, tens of millions of Americans will have already voted.

A Closer Look at Assertions the 2 Sides Have Made on Economic Issues

By JACKIE CALMES and JOHN HARWOOD

WASHINGTON The first presidential debate is likely to focus on economic issues as President Obama and Mitt Romney clash over the size and role of government. Here are some topics that could come up. DEBT Mr. Romney blames Mr. Obama for annual trillion-dollar deficits adding to what is now a $16 trillion national debt. Nonpartisan analysts agree that Mr. Obama inherited a bad hand: the 2009 deficit was a projected $1.2 trillion when he took office because of Bush-era policies and an economic crisis that slashed tax collections and increased spending for jobless aid and other safety-net programs. He has added $1.4 trillion in stimulus spending and tax cuts, and he has continued the Bush policies that Democrats blame for the swing from surpluses to deficits: income tax cuts, a Medicare drug benefit and war operations. But Mr. Obamas health care law, rather than adding $1 trillion to deficits as Mr. Romney says, includes offsetting cost savings and tax increases. And Mr. Obama proposes tax increases on the wealthy and spending cuts. Mr. Romneys deficit-reduction plans are hard to assess, given his lack of detail, and they would not fully kick in for years, but analysts say they could lead to a larger debt in the next decade than Mr. Obamas agenda would.

They cite Mr. Romneys proposals for new tax cuts, an increase in military spending and a delay until 2022 in remaking Medicare. In the end, the rate of deficit reduction could depend more on the strength of the economic recovery and long-term growth rates than on any particular policy prescription.
TAXES Mr. Obama says Mr. Rom-

Same Numbers, Different Conclusions

Mitt Romney says that jobs have not increased since President Obama took office, while Mr. Obama often says the private sector has added 4.6 million jobs. It depends on when you start counting: Change in jobs
+4 million Privatesector jobs +2 All jobs

neys tax plan would cut taxes further for the wealthy and increase them for everyone else. His charge derives from an analysis by the nonpartisan Tax Policy Center. Mr. Romney has proposed to cut income tax rates 20 percent, but in a way that neither hurts middle-income taxpayers nor adds to deficits by cutting tax breaks for high-income taxpayers (but not those for their investments and savings). The Tax Policy Center made many favorable assumptions about Mr. Romneys plan, given its lack of detail, yet said it does not add up. The analysts say he would have to cut tax breaks for the 95 percent of households with annual income under $200,000, including those for mortgage interest, health insurance and charitable giving. Families with children would pay $2,000 more on average, they said. Mr. Romney suggested on Monday limiting deductions to $17,000 for everyone. Mr. Romney counters that Mr. Obama has increased taxes on the middle class. His campaign

0 Privatesector jobs 2

All jobs 4
JAN. 09 OBAMA TAKES OFFICE FEB. 10 JOBS BEGIN TO INCREASE AUG. 12

Source: Bureau of Labor Statistics

THE NEW YORK TIMES

cites a 61-cents-a-pack cigarette tax Mr. Obama signed in 2009 to help pay for a childrens health insurance program, and the health care law, which starting in 2014 imposes a tax penalty on people who do not have insurance. But the law provides more

in tax credits for households to buy coverage. And Mr. Obama has cut taxes for middle-income households and businesses in several stimulus measures.
MEDICARE Both candidates agree

that the health care program for

older Americans, the single-biggest contributor to projected deficits, cannot continue growing at current rates. They disagree on how, and how much, to curb it. Mr. Romney favors shifting from the open-ended, fee-forservice Medicare program to one giving each beneficiary a fixed annual amount to buy private insurance or a Medicare option. He has not proposed what the amount of the voucherlike payments would be, so potential budget savings and impact on beneficiaries are impossible to judge. (Democrats assertion that future beneficiaries face average annual costs of $6,400 is based on analysis of a 2011 Medicare plan from Mr. Romneys running mate, Representative Paul D. Ryan. Mr. Ryan, has since modified that plan in ways that make the estimate outdated.) Mr. Obama, who says Mr. Romney would voucherize the program, instead backs marginal changes, including lower payments to providers of health care like doctors and insurers. He has not specified further steps to keep Medicare solvent. Mr. Romneys claim that Mr. Obama has taken $716 billion from Medicare benefits to pay for the health care law has been widely debunked. The cuts would affect those providing health care, not beneficiaries. The health law, in fact, expanded Medicare benefits. Mr. Ryan included identical savings in Republican budgets he passed in

the House.
JOBS Both candidates favor government action to stimulate growth and job creation just different kinds. In the jobs bill he sent to Congress a year ago, Mr. Obama proposed temporary tax cuts but also more aid for struggling state and local governments to prevent further teacher layoffs; money for roads and other infrastructure projects; and federal investments in alternative energy, education and scientific research. Republicans blocked those proposals. Mr. Romney instead advocates cutting tax rates permanently to increase incentives for investment and hiring. He backs deep domestic spending cuts, saying they would clear the way for private market initiatives, but says he would phase in the reductions. While Mr. Romney says Mr. Obama has not created jobs, last week adjusted numbers from the Bureau of Labor Statistics indicated for the first time a net increase in jobs in the presidents term. Mr. Obama likes to count from early 2010, when monthly jobs reports started showing net growth, to claim more than five million jobs created. Mr. Romney counts from January 2009, though Mr. Obama took office at months end. Mr. Romney says he would create 12 million jobs in four years, though government and private forecasters predict that many jobs regardless of who is president.

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EL ECTION 2012

A Stark Nevada Backdrop as President Prepares to Debate

From Page A1 limited steps to modify loans rather than a broad bailout of homeowners, did little to cushion people from a crash that saddled tens of thousands with houses worth far less than their mortgages. They did some things to help, but my understanding is that only about 3 to 4 percent of the homeowners who were underwater here in Las Vegas were able to take advantage of any programs, said Stephen P. A. Brown, director of the Center for Business and Economic Research at the University of Nevada, Las Vegas. And yet, local real estate agents say there are glimmers of hope that the worst is over for Lake Las Vegas. A billionaire hedge fund investor, John Paul-

More Coverage Of the Debates

President Obama and Mitt Romney will square off in Denver on Wednesday night for their first presidential debate, and The New York Times will provide comprehensive coverage. Among the highlights:
Debate Live Stream The Times will show the debate live and in its entirety at nytimes.com and on mobile apps beginning at 9 p.m. Eastern time. TimesCast Politics A preview of the debate in a live video broadcast starting at 8:30 p.m. Eastern, and analysis and fact-checking immediately after the event. Live Blog Starting around 8:30 p.m. Eastern, Times reporters and editors will provide real-time updates and analysis. Q. and A. Times reporters and editors will answer readers questions on the live blog, or on Twitter using the hashtag #asknyt. Fact-Checking Throughout the debate, Times reporters will take a closer look at the candidates statements and attacks. Election 2012 App The latest debate news from The Times and other top sources. Plus opinion, polls, campaign data and live video. Photo Slide Shows Times photographers provide portraits of the candidates and chronicle the event from the hall. Social Media Follow the action live on Facebook at facebook.com /nytimespolitics and on Twitter at twitter.com /thecaucus. Find more Times journalists on Twitter at nytimes.com/politics. Annotated Debate Check back on Thursday morning for an interactive debate video and transcript featuring reporters annotations and illustrative graphics. Columns and Editorials Op-Ed columnists and editorial board members provide analysis and commentary, and dispatches on the Campaign Stops blog.

In a swing state, an acute awareness of economic struggles.

son, recently bought 530 acres of land on the north shore of the lake, which he plans to develop for housing. Investors, many of them from overseas, are beginning to buy houses, which can be picked up for a fraction of what they cost at the peak of the housing bubble. For a while there, people were calling it a ghost town, said Marcy Farris, a real estate broker in Henderson. But were snapping back a bit. Those seeds of hope amid a landscape of ruin may help explain why Mr. Obama has a decent chance to win Nevada, despite its 12.1 percent unemployment rate, the worst in the United States. The jobless rate has fallen slightly since last year, housing prices have started to rise, and residential construction has slowly picked up. At the offices of Windermere Real Estate on the brick-lined shopping street of Lake Las Vegas, half the agents want to give Obama another term, and half are for Romney just like our entire country, said Robyn Yates, the broker and owner. She added, Im a Republican, and I really hope Mitt Romney gets it. Polls show Mr. Obama with a lead of about 5 percentage points in Nevada. He has made eight

PHOTOGRAPHS BY DAMON WINTER/THE NEW YORK TIMES

The Lake Las Vegas complex, above, has been in and out of bankruptcy, though there have been signs of an economic uptick in the area. At left, the presidents motorcade made its way back to a hotel at the complex after a campaign event Tuesday.
most of his time in drills with his aides, consultants, and Senator John Kerry, the Massachusetts Democrat and former presidential contender who is standing in for Mr. Romney in mock debate sessions. During a brief outing Monday to deliver pizzas to a campaign field office in Henderson, Mr. Obama sounded like a man who had just been released from house arrest. Basically, theyre keeping me indoors all the time, the president joked to the 20 volunteers. Its a drag. Theyre making me do my homework. White House officials declined to say why they chose the resort, beyond Ms. Psakis observation that its a place where theres ample space and nice peace and quiet. Security concerns likely played a part: Mr. Obama is staying at the Westin Lake Las Vegas, a secluded hotel reached by a single road. He stayed here on his last visit, though in previous trips to Las Vegas, he has stayed at Caesars Palace. Mr. Obama has had a chilly relationship with the gambling industry since 2009 when he warned executives at companies that were receiving federal bailout funds, You cant go take a trip to Las Vegas or go down to the Super Bowl on the taxpayers dime. Two of the biggest casino owners, Sheldon Adelson and Steve Wynn, back Mr. Romney. But at Lake Las Vegas, where the singer Celine Dion owns a house, the talk is of a renaissance. Ms. Farris, the broker, has listed a 2,000-square-foot stucco house, which had been in foreclosure for years and was stripped clean by vandals. It was literally missing everything,she said. In 2009, she said, an investor bought the house for $129,900 in cash and fixed it up. It is now on the market for $250,000.

trips here this year, and his choice of Las Vegas for debate preparation was hardly accidental. His aides say he is keenly aware of the human cost of the foreclosed homes that line the routes of his motorcade. This is one of the states that every time he comes back here, hes reminded he wants to continue find ways to help the housing market improve, said the cam-

paigns press secretary, Jen Psaki. It is something he is impacted by deeply wherever he goes, whether it is conversations, reports, or reading the Nevada newspapers in the morning. Ms. Psaki said she had not talked to the president about the peculiar woes of Lake Las Vegas. In any event, Mr. Obama has had little chance to check out the desiccated golf courses. He spends

Voter ID Rules Are Failing Court Tests Across the Country

From Page A1 vote and have a month to verify their identity. Strict voter ID laws remain in Kansas, Indiana, Georgia and Tennessee, but they are not seen as battleground states. And while Pennsylvania seems likely to institute a version of its law in the coming year, it will not affect this election. The Pennsylvania judge who ruled on Tuesday, Robert Simpson of Commonwealth Court, had upheld the law in August when liberal-leaning and civil rights groups challenged it. But the states Supreme Court instructed him two weeks ago to hold further hearings to focus on whether enough had been done to ensure liberal access to the picture ID cards, which are available at drivers license centers, or alternatives. Judge Simpson said that on Nov. 6, voters in Pennsylvania could be asked to produce the newly required photo ID but, if they did not have one, could still vote on a normal voting machine, not using a provisional ballot. The state may appeal the decision to the State Supreme Court, but few predicted victory for it, given what the justices had asked of the lower court. The laws opponents said the victory was only a partial one. While were happy that voters in Pennsylvania will not be turned away if they do not have an ID, we are concerned that the ruling will allow election workers to ask for ID at the polls, and this could cause confusion, said Penda D. Hair, co-director of Advancement Project, one of the groups that challenged the law. This injunction serves as a mere Band-Aid for the laws inherent problems, not an effective remedy. Hans von Spakovsky of the Heritage Foundation, a right-ofcenter research group that supports the law, said: While this may seem to be a win for opponents of common-sense election reform efforts like voter ID, it is actually a loss. The court simply found that the state could not effectively implement the ID requirement in

Obama Camp Outspends Romney on Campaign Ads

From Page A12 strategists outside the campaign that Mr. Romneys team has simply been outmatched by Mr. Obamas in its approach to advertising and the way it goes about buying ad time on television. Unlike the Obama campaign, which uses a large outside timebuying firm with about two dozen people working on the account, the Romney campaign, in an effort to save money, buys time with what is effectively an inhouse operation that has at times seemed to rest on the shoulders of a single deputy, several people who have dealt with it say. Mr. Romneys aides dismissed the notion, saying that they have the people they need but that many of their advertising decisions were forced by a temporary lack of money. It is unclear is how lasting Mr. Obamas advantage will be. Mr. Romneys campaign has bet heavily on the idea that it can sway voters in the closing weeks of the race. After holding back after its convention at the end of August, it is now planning much heavier spending after the first debate on Wednesday. Already, the campaign has been quietly increasing its ad spending, with a new $1 million advertising purchase in Iowa, a $2 million purchase in Nevada and several new reservations on cable. With the money that Governor Romneys been able to raise with Ryan raising it too were able to get a more even footing with them in terms of ad buys, and that will help in the long term, said Ed Gillespie, a senior adviser to Mr. Romney. To further help, the conservative group American Crossroads said on Tuesday it would put an additional $11 million into ads in swing states in coming weeks. But, members of both parties said, the question will be whether the late surge in Republican advertising will be enough to undo Jim Rutenberg reported from Denver, and Jeremy W. Peters from New York. the damage to Mr. Romneys standing from the early barrage of commercials from Mr. Obama and his supporting super PAC, Priorities USA Action. Mr. Obamas campaign believed all along that it was essential to try to define Mr. Romney early, in part because early voting means many voters will cast their ballots weeks before the campaign concludes. The cash advantage over the summer was huge it had a huge impact for them, Mr. Gillespie said of Mr. Obamas team. All told, from the moment Mr. Romney emerged as the likely Republican nominee in April through most of September, Mr. Obama ran nearly triple the number of commercials he did, according to Kantar, about 347,000, nearly 270,000 negative. Mr. Romney ran about 121,000, more than 99,000 of them negative. Outside groups have gone a long way toward making up the difference. When those groups are taken into account, the Democrats ran 35,000 more commercials than Republicans. The two exceptions for Mr. Romney have been North Carolina, the swing state where Mr. Romney has performed best, and Wisconsin, which several outside groups hope to turn in Mr. Romneys favor. Commercial counts are a better guide to the advertising war than sheer dollars. Democrats say that Republicans have spent more on advertisements than they have since April 1, $351 million to $303 million. But presidential campaigns can buy ads at lower rates than outside political groups can. The Obama campaign also saved money by reserving time far in advance, securing lower rates. Still, not all ads have the same impact. A single Super Bowl ad can reach more people than dozens of late-night commercials. But a look at the advertising purchases of the campaigns and the super PACS shows that Mr. Obama and the Democrats outstripping their opponents at various times of day, including in prime time, in various markets.

KEITH SRAKOCIC/ASSOCIATED PRESS

A sign at the drivers license center in Butler, Pa., explaining photo-identification rules for voting.
only a month, he added. The law is still in place and remains valid. The Pennsylvania law, passed in March without any Democratic support, is one of 11 similar laws around the country approved by Republican-dominated legislatures. The laws backers say they are trying to ensure the integrity of the electoral process by preventing fraud. But Democrats accuse them of seeking to suppress the votes of the poor and members of minority groups, who are less likely to have the needed ID or the means to go to state offices and obtain one, and who tend to vote Democratic. In opinion surveys, substantial majorities of Americans back the ID requirements even though repeated efforts to demonstrate the existence of in-person voter fraud have found very little. Pennsylvania is one of a number of swing states that could make the difference in the race between President Obama and Mitt Romney, the Republican candidate. Increasingly, however, Mr. Obama, who won Pennsylvania in 2008, has been pulling consistently ahead of Mr. Romney in key states. A Quinnipiac/New York Times/CBS News poll released last week showed Mr. Obama ahead in Pennsylvania by 12 points. The Pennsylvania laws challengers said their focus now would be to press the state to alwhich took part in the laws challenge. Nick Winkler, director of public relations for Pennsylvanias Department of State, said there would indeed be a change. Our education campaign is in full swing, and all we have to do is retool it from talking about requiring voter ID to requesting it, he said. Poll worker training has not begun in some counties and will now take this into account as well. The state has issued 13,000 IDs purely for the purpose of voting, Mr. Winkler said. Judge Simpson said in his Tuesday decision that the issuing of the new documents across the state had not been fast enough. I expected more photo IDs to have been issued by this time, he wrote. Under these circumstances, I am obliged to enter a preliminary injunction preventing the law from being fully carried out. He said there might eventually be a full trial to determine whether the law could be put into effect in a way that did not burden voters.

A lack of photo identification will prevent only the use of a provisional ballot.
ter its voter education campaign to make clear that no picture ID is required in this election. The state has a large budget to spend on advertising this fact, and we want to make sure it does it, said Benjamin D. Geffen, a lawyer with the Public Interest Law Center of Philadelphia,

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WEDNESDAY, OCTOBER 3, 2012

Criticism Of Centers In Fight On Terror

By JAMES RISEN

PHOTOGRAPHS BY STEVE HEBERT FOR THE NEW YORK TIMES

Laura Ruby of Boulder, Colo., and Josh Metten of Fort Collins woke up Saturday morning after sleeping under the stars at the Prairie Festival in Salina, Kan.
SALINA JOURNAL

Out on the Prairie, Moon, Music and Lectures, Too

By KATHRYN SHATTUCK

SALINA, Kan. On the final weekend of September, a pregnant moon illuminated the 600 acres of pasture and test plots at the Land Institute on the outskirts of this central Kansas city, just beyond the western fringe of the tall grasses of the Flint Hills. Up from the banks of the Smoky Hill River, a fiddle band sawed into the night as nearly 200 couples do-si-doed and galloped through a wooden barn. At the crest of a nearby hill, still more revelers warmed themselves by a bonfire inside a giant hedge circle as musicians dueled softly at its perimeter. And across the institutes orchard and prairie hundreds of visitors erected tents, the better to commune with natures myriad species. Its so beautiful to camp out there, with our little cookstove to make our breakfast and to hear the coyotes at night, said Ellen Pajor, one of nine environmental club students who had made the journey from Cornell College in Mount Vernon, Iowa. Being at the Land Institute instead of a conference center helps to immerse you in the topics. Each autumn for 34 years, during its annual Prairie Festival, this nonprofit research organization has become a Mecca of sorts for those whose passions run to sustainability, farming and feeding the world. For two days, Friday evening through Sunday afternoon, lectures and walking tours, interspersed with art installations and musical performances, focused on climate change, agricultural practices and what the institutes president, Wes Jackson, called

getting over the hump in the use of carbon-based energy sources. Informal estimates placed this years attendance at more than 1,200, an increase of nearly 20 percent over 2011, with participants from as far away as Tokyo. Local participation was strong, too stronger than in the institutes early days, when its longhaired devotees unnerved some of the more conservative Kansans with their tendencies to Dumpster dive and feast on roadkill. Mr. Jackson, a plant geneticist who co-founded the institute in 1976, calls the festival an intellectual hootenanny, where ideas collide with music, art, food like bison chili, and bread and beer made from Kernza, the institutes trademarked perennial wheatgrass. But the democratic casualness of the environment listeners sprawled on hay bales, children frolicking on the hillside belied the seriousness of purpose as college hipsters and wizened hippies shared space with revered scientists and conservationists like David Orr, an environmental studies professor at Oberlin; Fred Kirschenmann, a distinguished fellow at the Leopold Center for Sustainable Agriculture at Iowa State University who is also the president of the Stone Barns Center for Food and Agriculture in Pocantico Hills, N.Y.; and Douglas Tompkins, who has preserved more than two million acres of wilderness in Chile and Argentina. Wes and company do tap into obviously wonderful expertise from academia, but his brilliance is getting across that boundary line between the ivory tower and the land, and making the connections in fresh and interesting and

Hundreds of people, some from as far away as Tokyo, came to the festival to hear lectures, top, on subjects like sustainable agriculture and energy sources. Art and music also played a role. On Friday, a bonfire was lighted inside a giant hedge circle.
challenging ways, said the conservation biologist Curt Meine, a fellow with the Chicago-based Center for Humans and Nature and the Aldo Leopold Foundation in Baraboo, Wis. There are those who think of him as rather out there, but he would probably say thats exactly where we need to be. This year Mr. Jackson paid tribute to his longtime friend and sounding board Wendell Berry, the literary voice of the agrarian community, who philosophized on the 35th anniversary of his

seminal book, The Unsettling of America: Culture & Agriculture, which addressed rural and small-town landscapes at a time when environmentalism was still focused on the countrys wilderness. The festivals ability to connect the dots between the local and the global has lured Dr. Richard Stein, a dentist, and his wife, Peggy, a teacher, from Dodge City, Kan., for the last two gatherings. I felt like last year, after hearing the speakers, I really understood whats happening in the world in a whole different way, said Ms. Stein, who admitted to finding few liked-minded people in the states southwestern quadrant, now decimated by drought. The big picture was even more clear. And it really helped us see where we needed to go in making some decisions with our lives. I was always wondering if we would like it because we are not farmers, she added. But were all eaters, her husband interjected. Mr. Berrys prescription for the planets ills appeared tailor made for listeners like the Steins; Luane Todd, a retired grass farmer in Harrison, Ark.; and Howard Stoner from Troy, N.Y., who grinds wheat and rye using an exercise bicycle. It seems to me that its a bad move to get into a contest between optimism and pessimism, he said of the current political tug-of-war over agriculture and the environment. The steadying requirement is for hope. And the last hope, he said, is this: That no matter how bad things get, a person of good will and some ability can always do something to make it a little better.

WASHINGTON One of the nations biggest domestic counterterrorism programs has failed to provide virtually any useful intelligence, according to Congressional investigators. Their scathing report, to be released Wednesday, looked at problems in regional intelligencegathering offices known as fusion centers that are financed by the Department of Homeland Security and created jointly with state and local law enforcement agencies. The report found that the centers forwarded intelligence of uneven quality oftentimes shoddy, rarely timely, sometimes endangering citizens civil liberties and Privacy Act protections, occasionally taken from already published public sources, and more often than not unrelated to terrorism. The investigators reviewed 610 reports produced by the centers over 13 months in 2009 and 2010. Of these, the report said, 188 were never published for use within the Homeland Security Department or other intelligence agencies. Hundreds of draft reports sat for months, awaiting review by homeland security officials, making much of their information obsolete. And some of the reports appeared to be based on previously published information or facts that had on long since been reported through the Federal Bureau of Investigation. The Congressional investigators also found that the reports were often derided by homeland security analysts who reviewed the work. I see nothing to be gained by releasing this report, one analyst wrote repeatedly on

An inquiry cites regional intelligencegathering offices multiple flaws.

several draft reports. This report does not provide the who, what, when, where, how, another official complained about a document. The investigators also discovered that federal officials cannot account for as much as $1.4 billion in taxpayer money earmarked for fusion centers and that some of the centers listed on paper by the Homeland Security Department do not even exist. The report also lays out problems in protecting citizens privacy as the centers gathered and disseminated intelligence. The Department of Homeland Security provided only one week of training to officials assigned to sift through tips and uncorroborated information about American citizens that came into their offices. In a 2009 e-mail discovered by the Senate investigators, one department official warned that the fusion centers were collecting information on Americans without proper vetting, and were improperly reporting this informaContinued on Page A18

Modern Alamo Battle Over Plan to Display Letter

By MANNY FERNANDEZ

FORT WORTH Millions of Texans have read the Victory or Death letter written at the Alamo more than 170 years ago. But only a small number of them have ever laid eyes on the original a brief plea for reinforcements written by Lt. Col. William Barret Travis on Feb. 24, 1836, as he and his outnumbered men faced the Mexican Army. Whether it ever returns to the Alamo is now a hotly debated issue. The letter has become one of the most revered documents in Texas history, and one of its phrases Victory or Death, which Colonel Travis underlined three times has endured as an unofficial Texas slogan, turning up on flags and, occasionally, in the speeches of politicians, including one that Gov. Rick Perry gave last year as he campaigned for president. The document is kept in a secured storage area at the state archives building in Austin, off

limits to the public. It has been publicly displayed only seven times since the early 1900s. Bill ONeal, 70, the official state historian, has never seen the original. But a plan to display the letter for two weeks next year at the Alamo in San Antonio has posed a dilemma for its custodians, the Texas State Library and Archives Commission. The states land commissioner, Jerry Patterson, has asked the archives commission for permission to transport the document from Austin to San Antonio and display it to the public beginning in late February as part of the 177th anniversary of the battle at the Alamo. The letter has never returned to the Alamo, and it was exhibited outside Austin just three times between 1936 and 2006. Mr. Patterson, whose General Land Office oversees the management of the Alamo, has proposed numerous steps to secure and protect the letter. It will be placed in a Mylar sleeve, mounted between sheets

of antireflective plexiglass, placed in a crate and transported from Austin to San Antonio by a fine arts shipper with an escort of state troopers. It will be displayed in a custom-built case that will filter most ultraviolet light. Officers known as Alamo Rangers, private security guards and plainclothes off-duty police officers, will patrol or stand guard. The project will cost more than $100,000, the majority of which will be private donations. But after a meeting here Tuesday, the precautions failed to impress the board that oversees the archives commission, and the plan appeared to be in peril. Archives staff members recommended that the commissioners not approve the plan, citing concerns about the lack of a fire suppression system in the Alamo as well as Mr. Pattersons desire to transport the document during the day with as much fanfare and news coverage as possible. We feel that the risks of loaning the document cannot be miti-

gated 100 percent, and we advise against the loan, the director of the archives agency, Peggy D. Rudd, told the seven commissioners. Commissioners appeared concerned with the potential for mishap, theft or vandalism, and they asked two General Land Office representatives if the letter at the Alamo could be protected from a tornado, a flood or even a weapon. Is the case bulletproof? one commissioner, Martha Doty Freeman, asked. (It will not be, though it will be shatterproof ). A motion to approve the plan failed, but then the commissioners voted to meet again within three weeks, after reviewing an updated and more detailed plan. A potential deal breaker is the issue of daytime or nighttime transport archives officials prefer transporting it at night without any publicity, citing security reasons, while Mr. Patterson wants it done in daylight. We anticipate making this a

TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

Lt. Col. William Barret Traviss Victory or Death letter from the Alamo, a brief plea for reinforcements on Feb. 24, 1836, has been publicly displayed only seven times since the early 1900s.
news item to help make people aware of Texas history, Mr. Patterson said. If you lock something up forever and its never seen by the citizenry, it has little value. This dramatic arrival at the Alamo, not being snuck back over there under cover of darkness, is what the project is about.

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THE NEW YORK TIMES NATIONAL WEDNESDAY, OCTOBER 3, 2012

U.S. Agent Is Killed and Another Is Injured in Shooting at Mexican Border

By MICHAEL S. SCHMIDT

WASHINGTON A Border Patrol agent was killed and another was injured in a shooting early Tuesday morning in an Arizona town on the border with Mexico, according to federal authorities. The victim was identified as Nicholas Ivie, 30, from Provo, Utah, who had been an agent since 2008. The authorities said the injured agent, whom they did not identify, was in stable condition. The shooting occurred near a Border Patrol station in Naco, Nicholas Ivie Ariz., that had recently been named in honor of Brian Terry, an agent whose 2010 murder received national attention because of its ties to Operation Fast and Furious, a botched gun-tracking case. Two guns found at the scene of Mr. Terrys murder were among hundreds that officials of the Bureau of Alcohol, Tobacco, Firearms and Explosives failed to seize as they hoped to build their case. Although the authorities said nothing about the weapons used in the shooting on Tuesday, Republican members of Congress who have been critical of the Justice Department issued statements that tried to tie the shooting to Operation Fast and Furious. Theres no way to know at this point how the agent was killed, but because of Operation Fast and Furious, well wonder for years if the guns used in any killing along the border were part of an ill-advised gun-walking strategy sanctioned by the federal government, Senator Charles E. Grassley, Republican of Iowa, said in a statement. Its a sad commentary. Matthew Casey contributed reporting from Naco, Ariz.

JOSHUA LOTT/REUTERS

The border in Naco, Ariz. Tuesdays shooting occurred as agents responded to what appeared to be an attempt by someone to cross into the United States.
A senior law enforcement official declined to say whether the authorities had uncovered connections between the shooting and Operation Fast and Furious. We need to stay on message here, said the official, James L. Turgal, the special agent in charge of the F.B.I. office in Phoenix who spoke at a news conference at the Border Patrol station in Naco. Operation Fast and Furious was an investigation from late 2009 to early 2011 into an Arizonabased gun-trafficking ring linked to a Mexican drug gang. During its course, A.T.F. agents used the tactic of gun-walking, in which they did not seize illegal weapons in hopes of identifying more criminals. According to Border Patrol officials, the shooting occurred around 1:50 a.m. as the two agents and another agent who was not injured responded to an apparent attempt by someone to cross into the United States. Officials said that they believed the perpetrators were criminals and that because the shooting had taken place in a rugged area it could take more than a day to collect evidence from the scene.

Investigators Harshly Criticize Counterterrorism Program and Its Regional Offices

From Page A17 tion through homeland information reporting channels. More broadly, the flaws uncovered by the Senates Permanent Subcommittee on Investigations raise questions about the role of the Department of Homeland Security in the nations fight against terrorism, and whether the department can ever live up to its original purpose of connecting the dots to prevent another surprise like the Sept. 11 attacks. The report on the dysfunctional nature of the fusion centers makes clear that in the decade since the department was created, Homeland Security has not carved out a clear counterterror mission that does not overlap with those of other agencies. Top officials of the Homeland Security Department have known about the problems for years, but hid an internal department report on the programs flaws from Congress while continuing to tell lawmakers and the public that the fusion centers were highly valuable and that they formed the centerpiece of Homeland Securitys counterterrorism efforts. A 2010 internal assessment by the department discovered, for instance, that four of its claimed 72 fusion centers did not exist, even as department officials kept using the 72 figure publicly with Congress. Homeland Security officials disputed the findings of the Senate investigators. Matthew Chandler, a department spokesman, said the Senate report is out of date, inaccurate and misleading. He said the investigators refused to review relevant data, including important intelli-

Information passed on by centers is called shoddy and rarely timely.

gence information pertinent to their findings. When it was created, the Department of Homeland Security was supposed to function as a central clearinghouse for terrorism-related intelligence, to solve what was supposed to be one of the big problems identified in the governments failure to prevent 9/11 a lack of intelligence sharing between the F.B.I., the Central Intelligence Agency and other agencies. But almost immediately, the

George W. Bush administration created other organizations to do much the same thing. Today, the central clearinghouse is the National Counterterrorism Center, part of the Office of the Director of National Intelligence. Department officials soon began angling to find something else to do. They hit on the idea of taking charge of intelligence sharing between the federal government and state and local law enforcement agencies, and by 2006, fusion centers were being set up across the country. However, state and local law enforcement agencies already were working with the F.B.I. in regional counterterror units called Joint Terrorism Task Forces, which were responsible for handling terrorism-related criminal cases. The fusion centers quickly became a black hole

for taxpayer money, the Senate investigators found. The fusion centers were run by state and local officials, but were funded through grants to states from the Federal Emergency Management Agency with little oversight. That made it easy for state and local officials to divert the federal money earmarked for the centers to other things, including sport utility vehicles and dozens of flat-screen televisions for use by state and local agencies. The dysfunction of the centers could sometimes have bizarre and comic results. Last November, for example, an Illinois center reported that Russian hackers had broken into the computer system of a local water district in Springfield and sent computer commands that triggered a water pump to burn out. But it turned out that a repair technician had

remotely accessed the water districts computer system while he was on vacation in Russia. Sometimes the fusion centers mistakes were more serious. In the wake of the January 2011 shootings in Tucson that killed six and wounded others, including Representative Gabrielle Giffords, an Arizona center issued a report filled with inaccurate information about the gunmans alleged connections to an anti-Semitic and antigovernment group. Homeland Security is probably the most ineffective agency in the government besides Social Security, said Senator Tom Coburn, Republican of Oklahoma and the ranking minority member on the investigative subcommittee that published the report. The fusion centers, he added, are not accomplishing anything in terms of counterterrorism.

Meningitis Cases Are Linked To Steroid Injections in Spine

By DENISE GRADY

Health officials would not identify the source of a suspected drug.

fection as well. In addition, the organism can be difficult to grow in cultures of spinal fluid from patients, making the diagnosis even more of a challenge. Detecting and treating the disease as early as possible gives the best chance of curing it, Dr. Schaffner said, so getting the word out to alert both doctors and patients to the symptoms is important. He said that he understood the investigators reluctance to name the drug maker or provide full details until the investigation is finished, but that the outbreak and its link to the steroid medication have caused quite a bit of worry among both doctors and patients about whether other steroid preparations are safe. We have had many concerns expressed in our own institution, he said. Providers say, Can we continue to use the steroids sent to us by our own pharmacy? Others doctors also wanted more information. Dr. Christopher Standaert, a specialist in spinal and neuromusculoskeletal care at the University of Washington in Seattle, and a spokesman for the North American Spine Society, said he hoped that health officials would release the name of the product, the manufacturer and the lot numbers thought to be involved in the outbreak so that clinics could make sure it was not on their shelves. That would help the spine community, he said. The rest of us would like to know. It would be nice if they told the hospitals.

Dr. April Pettit, an infectious diseases specialist at Vanderbilt University, was worried about her patient. He had been ill with meningitis for two weeks, he was not getting better, and she could not figure out why. Antibiotics, the usual treatment, were not helping. Bacteria, the usual suspects, could not be found. On the morning of Sept. 18, as she and a colleague were examining the patient and talking to his family, a pager buzzed. It was the hospital lab, with an answer at last but a troubling one. A culture of the patients spinal fluid had revealed a fungus, Aspergillus. The patient was so ill that he could no longer communicate, so Dr. Pettit spoke to the family. I told them it was a very unusual cause of meningitis in healthy people, and that we needed to try to figure out how he got this infection, she said. Had he done anything unusual in the weeks before he became ill? she asked. The answer alarmed her. He had had a steroid injection in his spinal area to relieve back pain a common treatment, administered to millions of people in the United States every year. Dr. Pettit called the State Health Department. She is now credited with being the clinician who recognized the index case in what has become a frightening outbreak of meningitis that has killed two people and sickened 12 others who also received steroid injections in

their spines for pain. Doctors suspect that the steroid medicine was contaminated with the fungus. The meningitis does not spread from person to person. Officials said it was not possible to predict the extent of the outbreak yet. Thirteen of the patients have been in Tennessee, and one in North Carolina. Two of the cases were new as of Tuesday, and health officials have said that there could be more cases and that other states could be affected. I dont think weve identified all the cases that will be identified, said Dr. David Reagan, the chief medical officer for the Tennessee Health Department. Dr. Pettits patient was one of the two who died. The Tennessee patients were treated at the Saint Thomas Outpatient Neurosurgery Center in Nashville, which was closed on Sept. 20. Center staff members notified more than 700 patients who received injections of the suspect drug. Another Tennessee clinic, the Specialty Surgery Center in Crossville, also received shipments of the possibly contaminated drug and was notifying patients. Health officials emphasized that the problem appeared to come from the medication and not the clinics themselves, and that the clinics had immediately cooperated by notifying patients and, in the case of Saint Thomas, shutting down when the outbreak was recognized. But the officials have released few details about the source of the drug, saying the

ALAN POIZNER FOR THE NEW YORK TIMES

A neurosurgery center at the Saint Thomas medical complex in Nashville has been closed.
investigation was continuing. All the patients who became ill were treated with one or more injections between July 30 and Sept. 18, and the incubation period the time between exposure and when the patient gets sick has ranged from seven days to about four weeks. That means that some patients may become ill in the next few weeks. Symptoms can include headache, dizziness, fever, loss of balance and slurred speech. At a news conference on Tuesday, state health officials said some of the patients were recovering, but some were in critical condition. The outbreak has led to a nationwide recall of the drug that all the patients received. The drug, preservative-free methylprednisolone acetate, was prepared by one compounding pharmacy, a pharmacy that prepares drug mixtures or solutions for hospitals and clinics. Health officials have declined to name the pharmacy or release lot numbers of the drug, but a spokesman for the Centers for Disease Control and Prevention said that all of the suspect lots had been recalled and that the pharmacy had stopped producing the medication. Scientists are also testing other medications used in giving the spinal injections, like numbing agents and antiseptic wipes. They say the cause has not been determined for sure. The treatments are called lumbar epidural steroid injections, but they are not the same as the epidurals commonly given to women for childbirth or Caesarean sections something that health officials wanted to make clear to avoid creating alarm among women who have recently given birth. Dr. William Schaffner, the chairman of preventive medicine at Vanderbilt, said that this type of fungal meningitis was serious and difficult to treat, and that the C.D.C. had convened an expert panel to help determine the best treatment. The disease can also be difficult to diagnose, because unlike other types of meningitis, it can cause strokes, and when a patient has stroke symptoms, doctors may not look for an in-

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

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THE NEW YORK TIMES NATIONAL WEDNESDAY, OCTOBER 3, 2012 OBITUARIES

G.O.P. Aims to Remake Florida Supreme Court

By LIZETTE ALVAREZ

MIAMI In a bid to remake Floridas judiciary, Republicans are asking voters to oust three state Supreme Court justices and give the Legislature greater power over Supreme Court appointments and judicial rules of procedure. The campaign against the justices by Republican state party officials, a conservative group founded by the Koch brothers and a grass-roots group is similar to the successful push by conservative activists in Iowa during the 2010 election. Voters there defeated three Iowa Supreme Court justices over a ruling that allowed same-sex marriage in the state. A fourth Iowa justice who also ruled in the case is being targeted for ouster this year. In Florida, the issue is not same-sex marriage but another politically divisive matter: President Obamas health care law. In a 2010 ruling, the Florida Supreme Court removed from the ballot a nonbinding amendment allowing Floridians to refuse to buy mandatory health insurance. The justices ruled that the required ballot summary contained misleading and ambiguous language and asked the Legislature to fix it. Lawmakers did, and it is back on the ballot this year. The initial ruling was one of several, including decisions on redistricting and property taxes and, going back to 2000, the ballot recount in Bush v. Gore, that have displeased conservatives in the state and in the Republicandominated Legislature, which has tried since then to exert greater control over the court. I am very, very stressed at the entire circumstance, said Justice R. Fred Lewis, one of the three judges targeted in the campaign. What is going on now is much larger than any one individual. This is a full-frontal attack that had been in the weeds before on a fair and impartial judicial system, which is the cornerstone and bedrock of our democracy. The other two justices being targeted are Peggy A. Quince and Barbara J. Pariente. Justice Lewis and Justice Pariente were named by Gov. Lawton Chiles, a Democrat. Justice Quince was chosen by both Mr. Chiles and Jeb Bush during the 1998 transition. No justice has ever lost a retention battle. All three of these justices were returned to the bench in 2000 and again in 2006. Florida Supreme Court justices appear on the ballot every six years as part of a system of merit retention. Floridians are asked to vote yes or no on whether the justices should remain on the bench. The system of selecting and retaining justices and appellate judges based on competence, and not politics, was put into place in the 1970s after a series of scandals involving popularly elected partisan judges. Until recently, the process was widely praised and largely free of politicking. But in 2010 that began to change. This year, the campaign in Florida is considerably more intense and organized. For the first time, the Florida Republican Partys executive board announced last week it would oppose the retention of the three justices because of their extensive judicial

POOL PHOTO BY CHRIS OMEARA

REUTERS

REUTERS

The Republican Party wants voters in Florida to oust State Supreme Court Justices Barbara Pariente, top; Peggy Quince, above left; and R. Fred Lewis for their judicial activism.
activism. It singled out a 2003 case in which the court reversed the murder conviction of a man who tied a woman to a tree and set her on fire, and ordered a retrial on technical grounds. The United States Supreme Court reversed the decision, saying the justices had applied the wrong standard, and remanded the case to the Florida court. Ultimately, the conviction was affirmed, and the man remains on death row. By announcing its opposition to the three justices, the Republican Party avoids clashing with a law that prevents political parties from endorsing judicial candidates. In its statement, the party said the justices were too extreme not just for Florida, but for America, too. Typically, decisions to remove a justice are based on misconduct or incompetence, not disagreements over particular decisions. The partys decision to take sides surprised even some Republicans, who said it set a bad precedent. I think its a mistake for a party, as a party, to state a position that a certain judge should be thrown out, because then you are introducing partisanship into a system that is supposed to be nonpartisan, said Bob Martinez, a prominent Republican lawyer who was once the United States attorney for the Southern District of Florida. And when you have elected officials, on the right or left, criticizing judges publicly it can become very dangerous and it can undermine the publics faith in the judiciary. Democrats say the campaign is really about giving Gov. Rick Scott, a Republican, the chance to appoint three new justices. The Florida Legislature also wants greater control of the judiciary an effort that began last year with House Speaker Dean Cannon and is continuing with a proposed amendment on the ballot this year. All of this is an attempt to hijack the court, said Dick Batchelor, a Democrat and former State House member who is working with Defend Justice From Politics, one of several counteroffensives. This is all about raw politics. It has nothing to do with jurisprudence. Americans for Prosperity, an

organization founded by the Koch brothers, recently joined in the battle and began broadcasting television advertisements in several cities highlighting the health care amendment ruling. The group also plans to highlight other cases. The Florida Supreme Court removed the amendment from the ballot, denying us a voice and a vote on a historically important issue, the ad states. Shouldnt our courts be above politics and protect our rights to choose? You be the judge. Slade OBrien, the Florida director of Americans for Prosperity, said the television spots, which do not explicitly take sides in the retention battle, focus attention on cases in which the court has acted as judicial activists. Spearheading the battle over the justices is Restore Justice 2012, a grass-roots campaign that began its initial shoestring effort in 2010 and is taking its message to Tea Party activists around the state. The group released a video on the murder ruling this week. (Click on the top one.) The three justices said in interviews that the decisions in question, including the nine-yearold murder conviction reversal, have been misconstrued to score political points. Critics disagree. But the justices, while novices on the stump and restricted by judicial rules on campaigning, are amassing their own supporters. Sandra Day OConnor, the retired United States Supreme Court justice, made a video for the Florida Bar Associations Web site about the retention battles significance in Florida. (Under Know the Facts, click on the video.) Judicial independence is very hard to create and establish, and easier than most people imagine to damage and destroy, she said. Other supporters include the fire and police unions, which spoke out this week; the 23 past presidents of the Florida Bar Association; and a number of prominent Democrats in the state. To counter the campaign, judges are being forced to raise money, which could lead to the perception they are beholden to donors. The justices three separate political committees have raised a total of about $1 million so far. They also could be accused of ruling on politically sensitive cases for the wrong reasons. Judicial rules also restrict what they can say in a campaign. Its like getting into a fight with two hands behind your back tied and one leg, Justice Pariente said. We are trying to keep the high road. The Legislature is also involved in efforts to influence the judiciary. A ballot initiative, Amendment 5, would give the Senate, not the governor, final approval over the choice of State Supreme Court justices similar to the federal system. It also would allow the Legislature to repeal court rules with a majority vote, not the two-thirds now required. And it would grant the House speaker access to confidential judicial misconduct investigation files before charges actually being filed.

Stephen Frankfurt, Artist On Madison Ave., Dies at 80

By LESLIE KAUFMAN

Fewer Teenagers Are Driving After Drinking, Study Shows

ATLANTA (Reuters) The percentage of American high school students who drink and drive has dropped by more than half in two decades, in part because of tougher laws against driving under the influence of alcohol, federal health officials said on Tuesday. In 2011, 10.3 percent of high school students 16 and older reported drinking and driving in the previous 30 days, compared with 22.3 percent in 1991, accord800 deaths annually, and car crashes remain the leading cause of death among people aged 16 to 19, the centers said. For the report, the agency analyzed risk behavior data collected from thousands of high school students through national surveys and from 41 states. In 2011, the percentage of students who reported drinking and driving in the previous 30 days ranged from a low of 4.6 percent in Utah to a high of 14.5 percent in North Dakota. Male students 18 and older were the most likely to drink and drive, and 16-year-old female students were the least likely, it said. Eighty-five percent of high school students who reported drinking and driving in the prior month also admitted binge drinking, defined as having five or more drinks during a short time period. The centers said another factor in the decline of teenage drinking and driving was that high school students were driving less, possibly because of higher gasoline prices and the slowdown in the economy. From 2000 to 2010, the percentage of high school seniors who did not drive during an average week jumped to 22 percent from 15 percent, the health agency said. Dr. Frieden said parents were vital in ensuring that rates of teen drinking and driving continue to decrease. Children see how their parents drive from a young age and model that behavior, he said. Parents are a key part of the equation here.

National Briefing
WEST

Stephen Frankfurt, an advertising executive who helped lead the transformation of television commercials from straightforward sales pitches in the 1950s to sophisticated, art-designed productions, died on Friday in the Bronx. He was 80. The cause was complications of Alzheimers disease, his wife, Kay Frankfurt, said. Working at the New York agency Young & Rubicam and then at his own firm, Mr. Frankfurt led creative teams that coined memorable promotion lines for products and movies alike, including Betcha cant eat just one, for Lays potato chips, and In space, no one can hear you scream, for Alien in 1979. His television commercials were innovative in both their visual impact and emotional appeal. In a famous campaign for Eastern Airlines in the late 1960s called The Wings of Man, he started with shots of cranes and owls and other birds in evoking the marvel of flight. Another ad, for Johnsons Baby Powder, featured close-ups of an infant from the mothers perspective. Mr. Frankfurt was just a year out of college when, in 1957, he joined Young & Rubicams nascent television division. There he was given a great deal of freedom to experiment in steering commercials away from the talkinghead format toward a showdont-tell approach. He used the sound of a beating heart for Excedrin ads and a strobe-lightlike effect for Band-Aids. A commercial for Modess sanitary napkins began with what appeared to be an abstract painting whose elements came together to form an elegant woman in a long evening gown. The Museum of Modern Art in New York acquired the commercial for its permanent collection. Mr. Frankfurt would often enlist high-priced talent for his commercials, like the photographer Irving Penn for the baby powder campaign and the actor Bert Lahr for the Lays potato chips spot. The director Howard Zieff, later known for films like Private Benjamin (1980), also worked for him. Television was a toy then, Mr. Frankfurt said in 1983 when he was named to the Art Directors Hall of Fame. We had creative freedom. Mr. Frankfurt became president of Young & Rubicam at the age of 36, a feat remarkable not just because of his relative youth but also because it was almost unheard-of then in advertising to have a top executive come out of the art department. A creative person being the head of an ad agency back then was unbelievable, said George Lois, a prominent art director who was pushing the creative boundaries at his own firm at the same time. Mr. Frankfurts promotion, he said, was a sign of how the industry was embracing the experts in visual arts. Hollywood also took note of Mr. Frankfurts work. Alan J. Pakula, as the producer, hired him to create the title sequence for To Kill a Mockingbird (1962), in which the tomboy Scout unpacks treasures from a cigar box to a haunting score. (These would later be revealed to be

MARILYNN K. YEE/ THE NEW YORK TIMES

Y&R ADVERTISING & VML

At Y&R Advertising, Stephen Frankfurt, top, enlisted talent like Bert Lahr, above, in a campaign for Lays chips.
gifts from her mysterious neighbor Boo Radley.) His goal, Mr. Frankfurt told The New York Times in 2005, was to find a way to get into the head of a child. He went on to receive movie assignments regularly, creating titles and directing marketing campaigns for Rosemarys Baby (1968), Superman (1978) and Kramer vs. Kramer (1979), among other films. Stephen Owen Frankfurt was born on Dec. 17, 1931, in Manhattan to Blanche and Milton Frankfurt. His father was a lawyer for New York City. Stephen attended the High School of Music and Art and Pratt Institute. (He returned to Pratt to earn a doctorate in 1975.) Trying to break into the film industry, he worked as a background painter for an animation studio during college and immediately afterward. He left Young & Rubicam four years after he was named president. I never had a frustrating day in that company, until I became president, he said in an interview for the Art Directors Awards. He started his own communications firm, under his own name, in 1971. Mr. Frankfurts first marriage, to Suzanne Allen, ended in divorce. He married Kay Gadda in 1969. In addition to his wife, he is survived by two sons from his first marriage, Jaime and Peter; four children from his second marriage, Nicholas, Abigail and Emily Frankfurt and Rebecca Nadler; a brother, Michael; and three grandchildren.
ONLINE: NOTABLE DEATHS

A slide show highlighting the lives of some of those who died in 2012.
nytimes.com/obituaries

California: Council Reverses Ban on Marijuana Shops

The Los Angeles City Council voted Tuesday to repeal the ban on medical marijuana dispensaries that it passed in July. The repeal, which passed on an 11-to-2 vote, came after opponents of the ban gathered enough signatures for a voter referendum. In supporting the repeal, some council members said they needed better guidance from legislators and urged them to address inadequacies in a state law allowing the use of medical marijuana. The citys ban would have eliminated storefronts but would have allowed patients and caregivers to grow medical marijuana. Officials have said that more than 750 dispensaries had reg(AP) istered with the city and that as many as 200 more could exist.

R. B. Greaves, 68, Pop Singer

By DANIEL E. SLOTNIK

MIDWEST

Illinois: Federal Government Agrees to Buy Prison

The federal government has agreed to buy the closed Thomson Correctional Center in western Illinois for $165 million, state leaders announced on Tuesday. Many Illinois leaders said the sale would bring up to 1,100 jobs to the state, and federal officials have said it would help alleviate prison overcrowding. The sale has been stalled for years. Most recently, Representative Frank R. Wolf, a Virginia Republican who leads a House subcommittee that oversees the federal Bureau of Prisons, objected because he believed that terrorism suspects would be housed there. The Obama administration has vowed that will not happen, and federal law now prohibits any transfers from the detention center at Guantnamo Bay, Cuba, to the Thomson prison. (AP)

New laws contribute to a drop in impaired drivers.

ing to a new study by the Centers for Disease Control and Prevention. The agency credited the nearly 54 percent decline to stricter laws against drunken driving and restrictions on teenagers driving privileges, like limits on the hours they may legally drive at night. Weve seen really good progress, Dr. Thomas R. Frieden, the director of the centers, told reporters. Were moving in the right direction, but we need to keep up the momentum. Despite the decrease, nearly a million high school students consumed alcohol before driving last year, the report showed. Drinking and driving among teenagers is a factor in more than

Michigan: Detroit Police Chief Is Suspended

Mayor Dave Bing of Detroit has suspended Police Chief Ralph Godbee after accusations emerged that he was having an extramarital affair with a subordinate. David Robinson, a lawyer for the subordinate, an internal affairs officer, said that she had tried to end the relationship and that Chief Godbee didnt like that. Chief Godbee has been placed on a 30-day suspension pending an investigation. Assistant Chief Chester Logan will assume his duties during the suspension. (AP)

SOUTHWEST

Texas: Airline Faults Clamp Installation in Loose Seats

American Airlines said that improperly installed clamps had caused seats to come loose on some of its planes and that it was expanding an inspection to cover dozens of jets. In the past week, rows of seats have come loose on three planes. (AP)

R. B. Greaves, an R&B singer whose 1969 hit Take a Letter, Maria reached No. 2 on the Billboard pop chart, died on Thursday in Los Angeles. He was 68. His death was confirmed by his son, Shiloh Greaves. Take a Letter, Maria, which Mr. Greaves wrote, is about a hard-working man who dictates a Dear Jane letter to his secretary after coming home to find his wife in the arms of another man. He sings, more in acceptance than in anger: So take a letter, Maria, address it to my wife/Say I wont be coming home, gonna start a new life. Despite its theme of betrayal, the song remains upbeat and ends with the husband asking Maria out to dinner. The song, which was recorded at the hitmaking Muscle Shoals studio in Alabama, went gold, selling more than a million copies. Mr. Greaves was a nephew of the gospel and soul singer Sam Cooke, who was shot and killed by a Los Angeles motel manager in 1964. Mr. Greavess 1970 version of Burt Bacharach and Hal Davids Always Something There to Remind Me reached No. 27 on the Billboard chart. (A version by the synth-pop group Naked Eyes hit No. 8 on the chart in 1983.) Among his other recordings were covers of James Taylors Fire and Rain and Procol Harums Whiter Shade of Pale.

MICHAEL OCHS ARCHIVES/GETTY IMAGES

R. B. Greaves, about 1970. He wrote Take a Letter, Maria.

Ronald Bertram Aloysius Greaves was born on Nov. 28, 1943, at an Air Force base in Georgetown in what was then British Guyana. He was raised on a Seminole reservation in California. In 1963 Mr. Greaves moved to England to perform and record as the frontman for Sonny Childe and the TNTs. He returned to America to record Take a Letter, Maria on Atco Records and Always Something There to Remind Me, both of which appeared on his album R.B. Greaves. Mr. Greaves moved to Los Angeles and began to work in the technology industry after a failed attempt to revive his recording career in the late 1970s.

THE NEW YORK TIMES OBITUARIES WEDNESDAY, OCTOBER 3, 2012

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WALTER OWEN, COURTESY OF NEW YORK CITY BALLET ARCHIVES, BALLET SOCIETY COLLECTION

Yvonne Mounsey in Balanchines Prodigal Son with New York City Ballet. She played Siren, a role she was famous for.

Yvonne Mounsey Dies at 93; Created Roles for City Ballet

By ALASTAIR MACAULAY

Yvonne Mounsey, a dancer of glamour, wit and striking presence who created many roles for George Balanchine and Jerome Robbins with New York City Ballet before founding a prominent West Coast ballet school, died on Saturday at her home in Los Angeles. She was 93. The cause was cancer, her daughter, Allegra Clegg, said. Tall and authoritative, Ms. Mounsey put such a stamp on roles even ones she did not create, as in Balanchines Prodigal Son and Serenade that people still recall her delivery of certain moments after more than 50 years. Ms. Mounsey joined City Ballet in 1949, dancing in many of its early performances of Balanchines Serenade (as the Dark Angel) and The Four Temperaments. Although she was not the first Siren when Balanchine revived his 1929 ballet Prodigal Son in 1950, Ms. Mounsey became the roles first classic interpreter on American soil. She had studied the role with its origina-

Putting her stamp on pieces by Balanchine and Robbins.

tor, Felia Doubrovska, and decades later coached it on film for the George Balanchine Foundation. With her spectacular height she was over 6 feet tall on point long legs and cool eroticism, she came to epitomize the character for a generation. For Balanchine, she also created supporting solo roles in La Valse and Swan Lake (both in 1951) and the Spanish dance in The Nutcracker (1954). For Robbins, she created the roles of the Queen in The Cage (1951), the Harp in Fanfare (1953) and the Wife in The Concert (1956). All these ballets remain in the repertories of City Ballet and other companies. Yvonne Louise Leibbrandt was born in September 1919 on a farm outside Pretoria, South Africa, where she received her early ballet training. Her pursuit of a bal-

let career took her to Britain in 1937. There she danced on tour with the Carl Rosa Opera Company and stayed in London to train with Igor Schwezoff. Too tall to be of the proper type for the British ballet of that era, she auditioned instead for the Ballet Russe de Monte Carlo, successfully. But she had scarcely traveled to Monte Carlo to join that troupe when World War II broke out. She returned briefly to South Africa before heading to Australia and soon joined the Original Ballet Russe, a separate troupe, taking the stage name Irina Zarova. When the company came to New York in 1940, Balanchine was immediately struck by her and cast her in his first setting of Stravinskys violin concerto Balustrade (1941). At one point during the war as she toured with the Original Ballet Russe Ms. Mounsey found herself stranded in Cuba. She turned the stay to her advantage, becoming a successful nightclub dancer there. In 1945, when she took her act to Mexico City, she met Balanchine again and accepted his invitation to perform there with a group of his New York dancers. In a subsequent return to South Africa, where she performed to acclaim, she married Duncan Mounsey, an American. After her time at New York City Ballet, Ms. Mounsey returned to South Africa in 1959 and, with Faith de Villiers, founded the Johannesburg City Ballet. It later became the PACT Ballet, named for the newly instituted Performing Arts Council of the Transvaal. Ms. Mounsey moved to Los Angeles in 1966. The next year she founded the Westside School of Ballet in Santa Monica, which became one of Southern Californias most influential ballet centers. There she helped train many students who went on to be leading American dancers, among them Jock Soto, Andrew Veyette and Tiler Peck. Her marriage to Mr. Mounsey ended in divorce, as did a second marriage, to Hall Hughey. A third marriage, to Kelvin Clegg, a childhood sweetheart, ended with his death in the 1990s. Besides her daughter, Ms. Mounsey is survived by her stepsons, Stephen and Christopher Clegg, and a grandson.

BIKOFFWilliam. The 92nd DAMSKYLeonard, Schnitzer, Sandra Halpern, Stephen passed Bikoff, William passed HALPERNStephen, Street Y Board and staff away September 28, 2012 in away 26 September 2012 at Blackman, Richard Kaplan, Esther Schwaeber, Henry mourn with heavy hearts the Boca Raton, FL at age 83. his home in San Francisco Silber, John Klien, Lawrence passing of William Bikoff, Survived by his wife of 58 at the age of 83. Prede- Burack, Bernard beloved father of our Board years, Audrey, his children ceased by his son David, he Burke, James Smith, Neil Manney, Lillian member, J. Darius Bikoff, Gerald, Susan and Brian, is survived by Irene, his lovSulzberger, Arthur Moseley, Carlos whose adherence to our Com- daughter-in-law ing wife of 61 years, his son Damsky, Leonard Adrienne, mandments was so clearly and grandchildren Matthew, Eric, daughter-in-law Pookie, Donald, Douglas Thompson, McKean Nager, Leona evident in his love and sup- David and Emily. Lenny was and devoted grandchildren Todres, Simon Novello, Peter port of his father, serving as Sr VP of Merchandising at Helen and Ian. Foreman of Gasster, Michael a beautiful example for all of Barneys New York before a civil grand jury and an Gatof, Norman Wallach, Miriam Paul, Alan us. We extend our deepest retiring to Santa Barbara, Experience Corps volunteer, Paulus, Sonya Grieve, Florence sympathies to Darius, his wife CA and Boca Raton, FL. he was active in his profesJill and their children, Ella sional association, SNAME, and Beau, and the entire and his Forest Hill communiBikoff family. May they be DONALDDouglas Dunn, ty. NOVELLOPeter Jon, 58, WALLACHMiriam G. The comforted among the mourndied September 30. Visiting Trustees and staff of The ers of Zion and Jerusalem. KAPLANEsther, 97, of White hours October 4th, 6 to 8pm New York Public Library Stuart J. Ellman, President Plains, NY, passed away on at the Cabot Funeral Home in deeply mourn the passing of Thomas S. Kaplan, Chairman September 20, 2012. Dearest Woodstock, Vt. Funeral ser- one of the most beloved and Sol Adler, Executive Director mother of Edward and Ruth; vice October 5th at 3:00pm at devoted members of the Limother-in-law of Kenneth Ca- the Unitarian Universalist brary family, Miriam G. WalBLACKMANRichard. Shelly vander, cherished grandmoth- Chapel in Woodstock, VT. lach. Beginning in the 1980s, and I cherished our friendship er of Alexander Cavander. Memorial donations to Mrs. Wallach and her late with Richard. His loss is Beloved by all who knew her. Planned Parenthood of North- husband, Ira, along with her deeply felt. - Suzanne Pinkus ern New England. sisters, Celeste Bartos and the BURACKBernard, MD, 89, of KLEINLawrence Benjamin, PAULAlan. October 6, 1929- late Joy Ungerleider-MayerManhattan, NY, a cardiologist MD. February 13, 1952 - Sep- October 2, 2012. Proud and son, took a deep and abiding for 53 years, died Sunday, tember 30, 2012 of Lake Har- loving father of Ron (Joy), interest in the life and misSeptember 30th from heart mony, PA and Long Beach, Michael (Lyn), Steven (Bon- sion of the Library. With exfailure in his Manhattan, NY NY. Loving father of Jordan nie), Mindy (Ken). Beloved emplary dedication and genhome. He is survived by his and Chandler Klein. Adoring and adored grandfather. Pre- erosity, she and her family beloved wife of 14 years, brother to Mary Nemet and deceased by his wife, Rachel became great Library beneNancy Burack; four children Judy Cordiello. Beloved uncle factors who continuein from his previous marriage to 90, passed away October 1. to Andrea and Scott, Loretta - the love of his life. Dad, many waysto have a major Ilene Burack: Rachel Burack Born on Staten Island, he was and Joey, Michelle and Steve, you fought long and hard, it impact on our work, revitalizis OK to "turn off the light Kowal, Esq., Westport, CT; the son of Norman H. Donald Ross and Heidi, Scott and ing and sustaining our exhibiJoshua Burack, MD, New and Emilie M. Donald. He Robyn, and a great-uncle to now." Private graveside ser- tions program, building and vice, Thursday, October 4. Rochelle, NY; Froma Burack leaves his wife of 66 years Scott, Harrison, Kylie, The family will be receiving preserving our collections, Fier, Pacific Palisades, CA; Grace R. Donald, his daughter Michael, Jordan, Joshua, guests at Temple Sinai of serving education and scholAaron Burack, Esq., Oakland, Wendy D. Schaumberg and Matthew, Rachel, Logan, 425 Roslyn Rd., arship, and expanding access CA; Nine grandchildren: Re- his son Peter Gordon Donald, Jake, Michael and Anthony. Roslyn, to our resources electronicalbecca, David, Emily Kowal; two grandchildren and one Longtime loving partner to Roslyn, NY Thursday, Octo- ly. At this moment, we are Sarah, Daniel Burack; Jordan, great-grandchild. He received Corrine Epstein Kriegel and ber 4th from 4:15-6:30pm. especially grateful that one of You've been the Library's single greatest Sophia Fier; Layla, Tobias Bu- his Engineering degree from her children Natasha and PAULAlan. rack; and his elder sister, Princeton University and his Trevor. An undergraduate of such an important person in collections bears the name of Grace Casper, of Ft. Laud- Masters of Science and Min- SUNY Stony Brook, he then our lives for more than 60 The Miriam and Ira D. Walerdale, FL. Bernard Burack ing Engineering from the graduated from New York years. Now you rejoin Rachel lach Division of Art, Prints was a 1944 graduate of New School of Mines, Columbia Cornell Medical School and your life's partner. We are and Photographs. We extend York University and a 1949 University. He was a World then went onto become a here for all our nieces, our heartfelt condolences to graduate, Creighton Universi- War II veteran, serving for successful vascular surgeon. nephews and families. all of her family. Aunt Na and Uncle Paul ty School of Medicine, Oma- two years in the South Pacific Dedicated to helping others, Neil L. Rudenstine, ha, NE. He interned at as a Naval officer. He had Dr. Klein, "Larry" to his PAULUSSonya Chairman Lee. The Creighton Memorial St. been with Scudder Stevens friends, will be remembered Acting Company will greatly Catherine Marron, Joseph's University Hospital and Clark from 1962 until 1996 for his devotion to his family. miss our devoted volunteer Samuel C. Butler, returning to New York in 1950 and was Vice President and Larry was truly a free spirit and beloved friend. Our deepElizabeth Rohatyn, to begin his residency and ca- Manager of Scudder's Gold and a Renaissance man. Cul- est sympathy to Kristin. Marshall Rose, reer at Montefiore Medical Fund since its inception in tured and refined, quirky and Chairmen Emeriti Center, Bronx, NY. He was 1988. After retiring, he started eclectic, Larry was, if nothing SCHNITZERSandra, of BoynAnthony W. Marx, ton Beach, FL, passed away Chief Resident then Attending a precious metals stock con- else, a good, good friend. For President and Senior Attending Physi- sultancy and was on the all of his brilliance, Larry on September 29, 2012. The cian there until 2003. Dr. Bu- boards of Piedmont Mining, cared most about his daugh- beloved wife Herbert (derack was a Polio Foundation Repadre Capital, Stillwater ters, Jordan and Chandler, ceased). Devoted mother of WALLACHMiriam G., of Research Fellow, 1953-54 at Mining and Dayton Mining and the well-being of his fam- Michele and Margret. Loving Scarsdale, NY, at the age of of Chelsea, New York Weill-Cornell Hos- companies. His professional ily and friends. The smartest grandmother 97. Devoted and loving wife Jessica, and Rianna. pital. Since 1955, Bernard Bu- memberships included the So- man we ever known, Larry for 68 years of Ira D. Wallach rack was a private practice ciety of Mining Engineers, As- was never aloof or beyond SCHWAEBERHenry T. The who passed away on January cardiologist, most notably at sociation for Investment Man- reproach. For a brilliant man Board of Governors and the 6, 2007. Loving mother of Sue his office at 2A East 77th agement and Research, Min- of science, Larry would be Members of Glen Oaks Club W. Wachenheim (Edgar) of Street until his retirement in ing and Metallurgical Society most proud to know that he is express our deepest sorrow Rye, NY, James G. Wallach December, 2003. Dr. Burack, of America and New York So- remembered lovingly for his at the passing of our es- (deceased, survived by his serving as the first acting ciety of Security Analysts. His compassion, his patience, and teemed member and wish to wife, Mary) of Scarsdale, NY, Chief of Cardiology, is credit- New York interests included an enormous loving heart. extend our heart-felt sympa- Kenneth L. Wallach (Susan) ed as a Founding Physician of Squadron A., Sons of the Rev- There will be a private cere- thy to his wife Lois and the of New York, NY, and Kate The Albert Einstein School of olution, Saint Nicholas Society mony for family only on entire family. W. Cassidy (Martin) of East Medicine, Bronx, NY, teach- and Church Club. He was a Wednesday. Forever in our Board of Governors Hampton, NY. Loving granding there as an Associate trustee of Staten Island Rich- Hearts! Michael Mann, President mother of Sue's children, Clinical Professor 1974-1998. mond Town Restoration and SILBERJohn R. Mutual of Lance, Kim, Chris and Amy; He was an Associate, then Se- was a director and on the MANNEYLillian, 99, of Mill- America, its Board of Direc- Jim's children, Andrew and nior Attending Cardiologist at board of Staten Island Histori- brook, NY died on September tors, together with all of its Scott; Ken's children, Dana Lenox Hill Hospital, Manhat- cal Society and was instru- 21, 2012. A celebration of her officers and employees, and Keith; Kate's children, Aitan, NY, for 21 years. In 1991, mental in engineering the co- life on November 3, 2012, mourn the passing of John R. dan, Emily, Meagan, Cailin he was honored as the Med- ordination of the two organi- 2:30pm at The Fountains of Silber. Mr. Silber served with and Camaron; and adoring ical Director Emeritus for zations which are now under Millbrook, 79 Flint Rd., Mill- distinction for 15 years on the great-grandmother of Kyle, The Jewish Guild for the the management of the Stat- brook, NY. Donations may be Board of Mutual of America Avery, Grant, Julia, Eloise, Blind, New York, NY, having en Island Historical Society. A made in her memory to Cam- Institutional Funds, Inc. He James, Emery, Emmeline, served there in that capacity memorial service will be Sat- phill Ghent, 2542 Rt. 66, has been a great friend to the Hudson, Rylan and David. 1958-1989. He was also an As- urday, October 6 at 12 Noon Chatham, NY 12037. Mutual of America family for Her wisdom, love and optisociate Professor of Clinical in the Chapel of St. George's many years and his wisdom mism enriched the lives of Sleep Medicine at SUNY Episcopal Church, Stuyvesant MOSELEYCarlos DuPre, 98, and insight on the Board pro- her family and friends. Her Stony Brook, 1994 -1996. Dr. Square, New York City. Con- of Spartanburg, SC, died on vided sound guidance and di- loss will be deeply felt. FunerBurack's most noted contribu- tributions may be made in his October 1, 2012 at his home. rection. We will always cher- al services will be private. tions to medicine include his memory to Calvary-St. Ge- Mr. Moseley was born Sep- ish his significant contribupioneering research and de- orge's Church, 61 Gramercy tember 21, 1914, in Laurens, tions. Our sincere condovelopment of cardiac Park North, New York, NY South Carolina, the son of He- lences to his children and WALLACHMiriam G. The directors, officers and staff of esophageal pacing at Monte- 10010 or Staten Island Histori- len DuPre Moseley and Car- their families. National-Gottesman fiore that laid the groundwork cal Society, 441 Clarke Av- los Roland Moseley, and Thomas J. Moran Central for today's transesophageal enue, Staten Island, NY 10306. grandson of Daniel Allston Chairman of the Board, Inc. sadly mourn the loss of echocardiograms; his widely DuPre, a Wofford College President and CEO our long time director and expublished research and abprofessor for more than 50 Mutual of America tend our deepest condolences stracts regarding heart func- GASSTERMichael. years. He graduated magna Life Insurance Company to her family. Miriam was a tion and circadian rhythms; Professor Emeritus, Chinese cum laude and Phi Beta KapJohn R. Greed director of Central Nationaland the The Burack Classifi- History, Rutgers University, pa from Duke University in Chairman of the Board, Gottesman Inc. for more than cation, published in 1976, in died September 24. A gather- 1935. Mr. Moseley spent President and CEO 50 years. She was dedicated ing in his memory will be many years working with the conjunction with The Jewish Mutual of America to the organization, a proGuild for the Blind, a utilized held 2pm, October 7 at the New York Philharmonic OrInstitutional Funds, Inc. found part of her life, which Library, Haverford chestra as its Managing Diwas founded by her grandfastandard of care protocol for Magill ther and wisely managed by the disabled and chronically College. In lieu of flowers, rector, President, and Chairher father, D.S. Gottesman ill endorsed by the New York donations in his name may man of the Board. His tenure SMITHNeil. The Graduate (deceased), her husband, Ira State Department of Health. be sent to the Spar Scholar- saw the most sweeping ship Fund, Haverford Col- change and growth in the Center, City University of D. Wallach (deceased) and Throughout his career, Dr. New York, mourns the loss of her son, James G. Wallach Burack traveled extensively lege, Haverford, PA 19041. Philharmonic's history. He The organizapresenting a vast assortment also appeared as piano soloist our distinguished colleague (deceased). of his published cardiology with a number of symphony and extends deep sympathies tion's current Chairman and papers and abstracts at The GATOFNorman, 82, of Boca orchestras under such con- to his family. An inspirational Chief Executive Officer is her Raton, FL (formerly NYC) teacher and brilliant scholar, son, Kenneth L. Wallach. We American Heart Association, ductors as Leonard Bernstein, the American Academy of died October 1, 2012. Loving Eric Leinsdorf, Gerard honored widely for his work will greatly miss her warmth, Cardiology, and The Sleep son of the late Herbert and Schwarz, Mehli Mehta, and in critical geography, urban intelligence and support. Central NationalResearch Society meetings Frances Gatof, he is survived Aldo Ceccato. Among the or- studies, and global economic Gottesman Inc. and by invitation to medical by his beloved wife Judith, chestras he performed with development, he was also the schools and symposiums twin brother Paul, daughter were the New York Philhar- founder and director of the Wendy Malina, son Mark, and Center for Place, Culture, and world-wide. Bernard Burack is grandchildren Catherine, Emi- monic, the American Youth Politics from 20008. He will WALLACHMiriam. The 92nd a Fellow of the American Col- ly and Max. A graduate of Orchestra, and the Savannah Street Y Board and staff lege of Physicians; Council of the U.S. Merchant Marine Symphony. Additionally, he be sorely missed. William P. Kelly, President mourn with heavy hearts the Clinical Cardiology, The Academy at Kings Point, Mr. performed many recitals in The Graduate Center, CUNY passing of Miriam Wallach, American Heart Association; Gatof was a successful and both the United States and The New York Academy of highly regarded businessman France. Mr. Moseley is sur- SULZBERGERArthur O. The beloved mother of our Board Science; The New York Cardi- who, prior to his retirement, vived by his sister, Cynthia Browning School is saddened member, Kenneth Wallach. ological Society; and The was Chairman/CEO of Monet Elizabeth Moseley and was by the death of Arthur O. Her legacy as a philanthropist Sleep Research Society. He Jewelry and a Group Vice predeceased by his brother, Sulzberger '44. In 1938, he en- and community leader continwas a member of The Nation- President of General Mills. Daniel DuPre Moseley. In lieu tered Browning's Sixth Grade ues in her family. Our hearts al Board of Medical Examin- There will be a private grave- of flowers, memorials may be and was enrolled for three and prayers are with Ken and ers and the American Board side service for immediate made to Converse College years. His son, Arthur Jr., at- his wife Susan, their children, of Internal Medicine. He was family only. Honest-Straight Petrie School of Music, Wof- tended Browning for 11 years, Dana and Keith, as well as an avid sailor and swimmer. Forward-Family Man: you are ford College Department of graduating in 1970. In 2006, the entire Wallach family. they be comforted In retirement, he lived in Ft. loved and will be missed. Music, the Episcopal Church Mr. Sulzberger received May Lauderdale, FL; sailed from of the Advent, or the Philhar- Browning's Alumnus Achieve- among the mourners of Zion Three Mile Harbor, Long Ismonic-Symphony Society of ment Award. Our thoughts and Jerusalem. Stuart J. Ellman, President land, NY; and Manhattan, NY, GRIEVEFlorence "Flo" New York. A memorial ser- are with the entire Sulzberger Thomas S. Kaplan, Chairman his primary residence. Brogan, 83, of Naples, Florida vice will be held at 4:00pm on family. Sol Adler, Executive Director Bernard Burack was a mem- and Sunfish Lake, Minnesota, October 8, 2012 at the EpiscoJames S. Chanos, President, ber of Park Avenue Syna- died October 1, 2012 of com- pal Church of the Advent in Board of Trustees gogue since 1991. A Memori- plications from a recent stoke Spartanburg. Stephen M. Clement, III, Condolences WALLACHMiriam G. With al Service will be held at Park at Thistle House, her home in may be expressed to the Headmaster Avenue Synagogue, 50 East Sunfish Lake. Her life was family at Alka K. Singh, President, deep sorrow, the Partners 87th Street, New York, NY, characterized by commitment www.JMDunbar.com. Dunbar Parents Association and staff of WeiserMazars 10021 on Wednesday, October to family, friends and com- Funeral Home & Crematory. Michael P. Beys '89, President, LLP mourn the passing of 3rd, at 10am. The burial at munity, as devoted wife, Alumni Association our friend of many years, client and philanthropist, MiriMt. Hebron Cemetery, mother, dog lover, patron of MOSELEYCarlos. am G. Wallach. We join in ofQueens, NY will follow the the arts, supporter of our The Board and staff of Lin- SULZBERGERArthur O. We, the current and former fering our deepest sympamemorial service. Shiva con- Minnesota veterans and their coln Center Theater are independent directors of The dolence arrangements will be families and, most recently, deeply saddened by the death New York Times Company, thies to the members of her announced at the memorial political activist opposed to of Carlos Moseley, a good extend our deepest sympa- family and all those who service. In lieu of flowers, in voter identification. She is an friend and an enthusiast who thies to Arthur and the entire were touched by her life. WeiserMazars LLP. tribute donations may be emerita board member of the believed that a vital theater Sulzberger family. Punch was made to: YBA Pirchei Landmark Center in St. Paul, was essential, a key element an inspiration to us all and we Aharon, American Friends of a dedicated supporter, with among the Lincoln Center are committed to ensuring WALLACHMiriam. The Yeshivot Bnei Akiva, 11 her husband, of the Guthrie constituents. Above all he ad- that his legacy continues. Board and Staff of the NaBroadway, Suite 901, New Theater and the Minneapolis mired artistry and expected tional Book Foundation York, NY 10275-0563 or to Institute of Art, and served the theater to meet the high THOMPSONMcKean, Octo- mourn the passing of MiriThe Creighton University on the board of directors of standards of all the world- ber 14, 1925 - September 30, am G. Wallach, mother of School of Medicine, Creighton the Minnesota Children's Mu- class organizations that call 2012, passed away peacefully the Foundation's board University, PO Box 30282, seum and Milkweed Editions. Lincoln Center their home. after a long battle with vari- member Ken Wallach. Our Omaha, NE 68103-1382. A long time member of the We extend our condolences ous ailments. He braved all deepest sympathies to her his challenges with optimism St. Paul Garden Club, the to sister Cynthia Moseley. family and friends. BURACKBernard, MD. J. Tomilson Hill, and a willingness to go the David Steinberger, Chairman The Lenox Hill Hospital com- Pierson and Florence Grieve Chairman, distance. In the end, he went munity mourns the passing of Courtyard at the Carlson Linda LeRoy Janklow, out on his own terms. He Bernard Burack, MD, a re- School of Business reflects Chairman Emeritus leaves behind his loving wife spected member of our med- this passion. At the request of Andre Bishop, of 62 years, Barbara, a son ical staff for 21 years. Our governor Rudi Perpich in the Artistic Director Jack and wife Kim, and heartfelt condolences are ex- late 1980s, she participated in Bernard Gersten, granddaughters Kaitlin and WAINWRIGHTTony. tended to his wife Nancy and the development planning for Executive Producer Grace. He will be forever Minnesota's public Arts High 9/14/33 - 10/3/03 . the entire Burack family. by family and Hattie Jutagir, missed You had to leave, Will Hiltz, Chairman, School. Born in Bronxville, Executive Director of friends, who loved him as New York, Flo attended you had no choice. Executive Committee Development & Planning he loved them - unendingly. Roycemore School in But how I grieve Frank Danza, Memorial service: Saturday, without your voice. Executive Director Evanston, Illinois, and NorthOctober 6 at 10:30am, at Tony I love you. Mark Schiffer, M.D., western University. In 1956 MOSELEYCarlos. The di- Trinity Church 1142 BroadYour MB Medical Board President she moved with her husband, rectors and staff of The Fan way Hewlett, NY 11557. Pierson "Sandy" MacDonald Fox and Leslie R. Samuels BURKEJames E. The Grieve, and three small chil- Foundation mourn the pass- TODRESSimon "Sid". The Trustees and staff of The dren to St. Louis Park, Min- ing of Carlos Moseley who Board of Governors and Metropolitan Museum of Art nesota, and began a life-long served as an advisor to our Members of the Elberon mourn the passing of Bene- love affair with the Twin Ci- founders and as a board Bathing Club mourn the sudfactor and long-time support- ties. She is survived, and will member of the Foundation den and unexpected passing er James Burke. Along with be greatly missed, by her for more than a quarter of our long time member and Pine Lawn "Garden of Serenity" concrete his wife Diane, who is an husband of 62 years, Sandy, century. Carlos was a won- dear friend, Sid Todres. Fa- 2 lawn crypts, includes& bronze liner for two burials Honorary Trustee and also a her sister, Katherine Hynds, derfully insightful colleague ther of four, three of whom plaque. $6,500/neg. 706-870-7111 Benefactor, he made a series her three children, Peggy, who shaped our thinking are part of our EBC Family, of generous gifts that support- Scott and Bruce, daughters-in- about performing arts and he was a fixture at the Club our grant-making for so many years it's hard ed the Museum's fundamen- law, Debbie and Laureen made and grandchildren smarter and more respon- to believe he is gone. A gental mission in the areas of ed- Grieve ucation, special exhibitions, Joshua Schoen and Alec, sive to the field. He was tle man with an active sense a courteous, genial of humor, seeing him sitting publications, and acquisitions. Heather, Kate and Pierce also and a loyal in his customary chair readThey have also served as loy- Grieve. Mass of Christian Bur- companion, al members of the Chair- ial at 10:30am, Friday, Octo- friend. Our deepest condo- ing his paper, always with man's Council. We are ex- ber 5, 2012, Chapel of St. lences to his sister, Cynthia, smile and "hello" (unless, of tremely grateful that his vi- Thomas Aquinas at the Uni- and to his many New York course, he was taking a sion and involvement have versity of St. Thomas (St. and South Carolina friends. snooze) became as much a done so much to help the Mu- Paul). In lieu of flowers, donapart of EBC as the white sand seum enlighten and educate tions in her name may be NAGERLeona, on Septem- and blue Atlantic. Our heartthe public at the highest level made to the Grieve Family ber 30, 2012. Wife of the late felt condolences go out to of excellence, now and in the Stress and Resilience Fund at Philip. Dearest mother of Shelley, Amy, Wendy, Ben future. We extend our condo- the Child Mind Institute, which Robert (Sandra). Adoring and the entire Todres family. lences to Didi and the entire helps military families get grandmother of Suzy, daugh- Sid was one of the "good children who are struggling ter of the late Dolly and Dave guys" who left us too soon Burke family. Daniel Brodsky, Chairman with emotional and behav- and sister of the late Barbara and will be missed by all who Thomas P. Campbell, ioral problems the support Robbins. She loved books and knew him. Director and CEO they need and deserve Robert Fagenson, President art, a quiet place and a few Emily K. Rafferty, President (childmind.org). Douglas Schwartz, Secretary good friends

In Memoriam

Cemetery Plots

A22

WEDNESDAY, OCTOBER 3, 2012

Diallos Mother Asks Why City Officer Who Shot at Her Son Will Get Gun Back
By WENDY RUDERMAN and J. DAVID GOODMAN

More than 13 years after the police shooting of Amadou Diallo, Commissioner Raymond W. Kelly has agreed to restore a service weapon to one of the four New York City officers involved, a decision that Mr. Diallos mother characterized as a betrayal. Mr. Kelly had indicated that he was not going to give back the gun, Kadiatou Diallo said in a phone interview from her home in Maryland. Now he has turned around and given back the gun. We want to know why. Why did he change his mind? The police fired 41 shots, killing Mr. Diallo as he stood in the vestibule of his apartment building in the Bronx on Feb. 4, 1999. Although the officers said they believed he had a gun, Mr. Diallo was unarmed. The Police Department offered no official explanation on Tuesday about restoring a gun to the officer, Kenneth Boss. But a law enforcement official familiar with Mr. Kellys reasoning point-

A decision in another fatal case may have influenced the police commissioner.
ed to the recent exoneration of another officer, Michael Carey, who fired 3 of 50 bullets shot at Sean Bell, who was killed on the morning of his wedding outside a Queens nightclub in 2006. The subsequent exoneration in the trial room of Officer Carey in the Sean Bell case, whose gun-carrying privileges were restored under similar circumstances as the Diallo shooting played a significant role in the decision, the law enforcement official said. Officer Carey, who is on full patrol duty in Midtown South, began carrying a firearm in late June. Patrick J. Lynch, president of the Patrolmens Benevolent Association, said he believed that Mr. Kellys decision, re-

ported Tuesday in The New York Post on Tuesday, was appropriate and long overdue. This police officer was exonerated in a criminal trial and in a thorough departmental review and there was no reason to deny him full restoration, Mr. Lynch wrote in a statement. The fusillade of bullets, 19 of which struck Mr. Diallo, prompted furious protests against the police. The officers, all white and members of the elite Street Crime Unit, said they believed Mr. Diallo had a gun. It turned out to be his wallet. The city convulsed again the next year as a jury acquitted the four officers of all charges. Anguished protesters marched, and relations between the police and many black people soured. The Police Department later dismantled the street unit, which had come under withering criticism from black leaders, and the city reached a $3 million settlement with Mr. Diallos parents, who said profiling by the police had caused their sons death.

Officer Kenneth Boss had a modified-duty police job in Brooklyn after Amadou Diallos death in 1999. Commissioner Raymond W. Kelly has agreed to return his gun to him.

OZIER MUHAMMAD/THE NEW YORK TIMES

In the years following the verdict, three of the officers opted to leave the force rather than face another painful public battle. Edward McMellon and Richard Murphy have been active duty firefighters for more than a decade, with Mr. McMellon currently in Brooklyn and Mr. Murphy in the Bronx. Sean Carroll retired in 2005 after being reassigned to a police job at Floyd Bennett Field in Brooklyn. Officer Boss also worked at the field, assigned to modified duty for the Emergency Service Units training school and repair shop. He carried an identification card stamped No firearm. But determined to remain a police of-

ficer, he pressed ahead in court to remove what he saw as an enduring blot on his record. Filing suit in 2002, he maintained that the Police Department rules allowed him to perform regular police duties, including carrying a weapon. Not having one, he said in court documents, earned him the mocking moniker Kenny NoGun among his colleagues. But a state court found that the police commissioner had the ultimate say over whether an officer could have a gun or not, a decision that was upheld on appeal. Commissioner Kelly said in court Continued on Page A24

A Buddha, Full of Air, Sits Serenely On the Waves

By SHARON OTTERMAN

The 10-foot-high inflatable Buddha sat on a wooden lily pad in a cove of the East River, bobbing gently back and forth on the ripples of the tide. On a late September day, its translucent plastic skin glittered with the changing patterns of sunlight and clouds. The stone lighthouse of Roosevelt Island and the steel and glass towers of Manhattan rose in the distance. When a gust of wind came, the Buddha sculpture strained at the ropes that secured it to its floating platform. Its broad face and rounded body tilted skyward, and drops of water cascaded from its lap. But when the breeze stilled, so did the Buddha, riding out the changes with cross-legged equanimity. From the rocky shoreline, a steady trickle of dog walkers, tourists, workers on their breaks and other visitors paused to watch the Buddha ride the tide. Many said the Buddha artwork, Floating Echo, seemed to intensify the sense of peace they regularly found at the Socrates Sculpture Park, a fourand-a-half-acre patch of trees and grass on an industrial stretch of Long Island City, Queens. The Buddha, hes just chilling, you know, just chilling out there, thinking, said Brandon Polanco, 25, a filmmaker who was stretching on the grass after a run. He had taken a photo of the Buddha sculpture in which it shone like a crystal against the skyline. In the background, you see the whole entire city, and hes just quietly sitting on the water, Mr. Polanco said. It puts some perspective on things. As a public park run by a nonprofit corporation, the Socrates Sculpture Park regularly hosts playful, provocative outdoor art displays that change with the seasons. Floating Echo, by Chang-Jin Lee, a Korean-born visual artist who lives in New York City, is part of an exhibition by emerging artists. The shows debut was on Sept. 9, and it will remain, if it survives the weather, until March.

LIBRADO ROMERO/THE NEW YORK TIMES

Chang-Jin Lees inflatable Buddha sculpture, Floating Echo, is anchored on the East River at Socrates Sculpture Park in Long Island City, Queens.
Religion is often, like economics or culture, a subject of the public art at the park, said John Hatfield, the parks executive director. A short walk from the Buddha, for example, was a statue of the Virgin Mary made of birdseed; it changes each day with the pecks of twittering sparrows. Religion is a part of our lives, and therefore its a part of what artists are sometimes interested in exploring, philosophically, politically, spiritually, Mr. Hatfield said. Floating Echo works on several levels, he said. It invites reflection on Buddhist ideas of tranquillity and detachment, as it comes alive on the waves, while remaining in balance. Yet on another level, it is a kitsch object. After all, it is an inflated, plastic balloon, he said. The Buddha as kitsch is every-

Religious art in a Queens park invites reflection and Twitter posts.

where, he added in bodegas, in garden ornaments. Why is that O.K.? he said. Is there something about Buddhist philosophy, he wondered, that makes that perfectly fine? Because the sculpture has not gotten much notice, most people who come to the small park are not expecting, when they come down a gentle slope toward the river, to see it there. Many react by taking photos, which they promptly post to Instagram or Twitter. Some try

to adjust their own pace to try to be like the sculpture itself, going with the flow amid the chaos of the city. Taeko Shioiri, 37, a Buddhist from Japan who was flying kites in the park with her two sons, said that while she saw Floating Echo as an artistic object, for really religious people, maybe it could be a little bit provocative. But for Kissor Sherpa, 50, a Buddhist from Nepal, it seemed to bring personal delight. He had dropped by the park on Saturday afternoon carrying a heavy bag from his shift working at a local gym. While other visitors snapped photographs, he stood reverentially for several minutes, surprised to see the Buddha there, and smiled deeply when asked for his opinion. Buddhist temples are often in remote areas, he noted. So

this place is good. Religious or not, people did find themselves reflecting on spiritual themes as they watched the Buddha. Haesang Cho, 26, a graphic designer who identified herself as Catholic, said she found herself wondering if her God and the Buddha were one. She spent several moments in dialogue with the sculpture, she said. I was asking, What kind of message do you want to give me? Nina Svensen, 31, brought her parents, who were visiting from Denmark, to see the sculpture and she was simply glad it was still intact. We didnt think it would survive this long, she said. We were here on the 9th of September, and we thought for sure someone would have punctured it by now.

City Subpoenas Film Outtakes as It Defends Suit by Men Cleared in 89 Rape

By RUSS BUETTNER

In a new movie, the documentary filmmaker Ken Burns explores the lives of the men who were convicted, and later exonerated, in the racially charged 1989 Central Park jogger rape case. Now lawyers for New York City want to explore if much of the films unpublished interviews and unreleased footage might help them defend against a $50 million federal lawsuit filed by the men nine years ago. City lawyers have subpoenaed notes and outtakes from the film, The Central Park Five, which includes in-depth interviews of the five men, who as teenagers came to embody racial tensions in a city overtaken by rampant crime. Mr. Burns said the subpoena, dated Sept. 12, came after the city had spent years rebuffing requests for interviews that he felt would help best explain the actions taken by law enforcement officials involved in the prosecutions. There is a great deal of disappointment that it came to this, given the fact that we had given so many of the factions in this complicated story many, many opportunities, on a regular basis, to comment, he said in an interview. The city has long maintained that officers and prosecutors acted in good faith

Seeking taped interviews of former suspects in the Central Park jogger case.
cussing the heart of the litigation, she said. Ms. Koeleveld said that to prevail in their claims of coerced confessions, the men must show misconduct by law enforcement officials, and not simply that the outcomes were incorrect. The five men, who were teenagers at the time, were held and interviewed by the police for more than 24 hours before they confessed. Their arrests led to headlines that included wolf pack and the coined term wilding that fueled racial divisions. The men recanted almost immediately and have maintained their innocence ever since. But all five were convicted in two trials, based largely on their confessions. About a decade later, Matias Reyes, who had been convicted of a string of rapes on the Upper East Side that same summer, bumped into one of the Central Park Five, Kharey Wise, in an upstate

DAILY NEWS, VIA GETTY IMAGES/SUNDANCE SELECTS

Kharey Wise, right, a former suspect, in The Central Park Five.

based on the best information available, and that what became available later, including the confession of a serial rapist, cannot retroactively alter that fact. We believe that based on the information that the police and prosecutors had at the time, they had probable cause to proceed, and the confessions were sound, said Celeste Koeleveld, the citys executive assistant corporation counsel for public safety. She added that the interviews of the subjects speaking of their confessions and their years in prison were clearly vital to the citys defense and not available elsewhere. This is the plaintiffs, all of them, dis-

prison. Mr. Reyes eventually confessed, and his DNA matched evidence found on the Central Park victim. Robert M. Morgenthau, the Manhattan district attorney at the time, ordered a new investigation and, after his recommendation, a Manhattan judge vacated the convictions. The film is a tightly woven two hours, much different in pacing and emotion than Mr. Burnss multipart epics on baseball, jazz and the Civil War. It has its roots in work that Mr. Burnss daughter, Sarah, began while a student at Yale University. Her research eventually became a book. Mr. Burns, Sarah Burns and her husband, David McMahon, who has worked for Mr. Burnss film company for 14 years, wrote, directed and produced the film together. The movie has been shown in film festivals and is scheduled for theatrical release in New York City next month. It explores many questions surrounding the convictions, pointing out that the chronology of events suggests the five men were not in the area of the park where the rape occurred, their DNA was not found on the victim, and their confessions contradicted one anothers. David N. Dinkins, who was the citys mayor then, is shown reading a passage

from the Morgenthau report saying that the confessions differed on nearly every aspect of the crime, and that some were simply contrary to established fact. Now, this is a damn shame, Mr. Dinkins says solemnly. Mr. Burns, who said he grew more emotional about the matter as he learned more about the mens plight, said the delays in the case hurt the five men yet again. Not much has happened, he said in the interview. And that, I think, is an unfortunate thing, that this was already justice denied, and now justice delayed. John Siegal, a lawyer representing the filmmakers, said the citys demand for unpublished material requires the city to show how the material is necessary to its defense and unavailable elsewhere. We dont think they are going to be able to make that showing, Mr. Siegal said. Mr. Burns has publicly said he hopes the film will push the city toward settling the case; Ms. Koeleveld said that Mr. Burns had crossed the line from journalism to advocacy. She said his sentiment demonstrated that he met the legal definition of being aligned with the plaintiffs, also part of the legal test for the subpoena.

THE NEW YORK TIMES NEW YORK WEDNESDAY, OCTOBER 3, 2012

A23

Our Next Stop, Governor: Another Development Site Helped by Your Policies
By THOMAS KAPLAN

SYRACUSE Gov. Andrew M. Cuomo studied the rendering for a new office building as he stood inside a bioscience center that is itself not yet completed. At a nearby hospital, he reviewed plans for its expansion while surrounded by construction workers and nursing students. And then he examined a model for a mixed-use project that is intended to revitalize the local Inner Harbor, a reclaimed inland port located in a former industrial area. Mr. Cuomo, visiting central New York on Tuesday, looked at times like an architecture graduate student, at others a Chamber of Commerce cheerleader, as he dropped by four development sites in Syracuse, joined by a large entourage of cabinet members, local officials and reporters. The visit was the first of 10 planned trips around the state in which the governor intends to highlight projects that illustrate his economic development strat-

Trips to showcase new projects that some say are pork.

egy, but which some critics have suggested are simply a centralized form of pork. Like other governors first elected during the economic downturn, Mr. Cuomo, a Democrat, has focused much of his administrations energy on job creation. He has chosen to distribute funds via competitive regional councils panels of local officials and academic and business leaders that vie with their counterparts in other regions to receive grant money from the state. Why? Because people like to win, Mr. Cuomo said Tuesday. Why else? Because people dont like to lose. The regional council system is modeled after the Empowerment Zones created during the Clinton administration, in which Mr. Cuomo served as housing secretary. There are 10 councils around the state, and central New York won the largest package of grants and tax credits last year $103.7 million for 74 projects. If you want to grow the economy, you cant do it from Albany,

Mr. Cuomo said. You have to recognize the variations in the states economy from region to region, and you have to develop that economy from that region. Local officials are buying into the concept. The state does things a whole new way, and its been a lot better for us here in central New York, said Joanne M. Mahoney, a Republican who serves as the Onondaga County executive. Ms. Mahoney said her goal was to show the governor that we have real results, we have cranes in the sky. The Cuomo administration is planning to award an additional $762 million in financing and tax credits in December; after showing Mr. Cuomo around, the central New York council presented a group of state officials and outside experts with its proposal for a slice of that pie. The success of the economic development strategy will take time to measure New Yorks unemployment rate is 9.1 percent. But Mr. Cuomos tour was intended in part to demonstrate the number of projects that have been brought to life on his watch, and to allow for some encouragement of local officials. Mr. Cuomos visit began at the bioscience incubator, a $23 million project that the state awarded $2 million last year. In a laboratory there, the governor observed a demonstration of a sealant for concrete that cures nearly instantly when exposed to ultraviolet light ideal, he was told, for repairing cracks in manholes. Then he boarded a city bus that had been borrowed for his visit Welcome Gov. Cuomo, its digital sign read and took a seat in front next to Nancy Cantor, the chancellor of Syracuse University and a co-chairwoman of central New Yorks council. Cuomo cabinet officials squeezed into the rows behind the governor, lined up like schoolchildren on a field trip, though in business suits. The other cochairman of the council, Robert M. Simpson, the president of the CenterState Corporation for Economic Opportunity, a business group, stood in front with a microphone and served as tour guide. As the bus navigated around orange construction barrels, Mr. Simpson pointed out sights along the way to the right, Syracuse

NATHANIEL BROOKS FOR THE NEW YORK TIMES

Gov. Andrew M. Cuomo at St. Josephs Hospital Health Center in Syracuse, which received $2.5 million last year for expansion.
Stage, which is seeking $500,000 in state financing for renovations; to the left, a brick armory that was turned into student housing. Mr. Cuomo debarked outside St. Josephs Hospital Health Center, which received $2.5 million from the state last year for its expansion project. He greeted a row of construction workers and nursing students, pausing at one point to inspect a young womans stethoscope. After looking at renderings of the expansion, Mr. Cuomo posed for a group photograph with an enthusiastic crowd of nursing students, some of whom hunched over in front, sorority-style. He looked way too happy in that picture, Assemblyman William B. Magnarelli, a Syracuse Democrat, joked. Later, after stopping by the Inner Harbor, Mr. Cuomo visited a downtown block where four historic brick buildings were being renovated. Standing across the street, Mr. Cuomo pronounced the tour a very impressive morning. His question-and-answer session had a welcome sound track: the whump, whump, whump of hammering from construction workers.

At M.T.A., State Comptroller Finds Improved Fiscal Health

By MATT FLEGENHEIMER

Two years after a budget shortfall prompted deep cuts in subway and bus service, the Metropolitan Transportation Authoritys finances have improved appreciably, according to a report the New York State comptrollers office released on Tuesday. The authority has benefited from ridership growth as a result of regional job gains, the report said, but remains vulnerable to the pace of the economic recovery, a looming round of collective bargaining and litigation challenging the constitutionality of its largest source of tax revenue. Were pleased to see some progress, the comptroller, Thomas P. DiNapoli, said in a phone interview. Obviously, as we point out, there are risks and challenges that remain. In July, the authority released a $13.1 billion preliminary budget for 2013, less than a week after announcing that it would expand and restore some service that was lost during the 2010 cuts. The authority expects to generate $450 million annually from a fare increase scheduled to be put in place in March. The report noted that the authority raised fares and tolls 7.5 percent in December 2010 and planned to raise them 14 percent triple the expected rate of inflation over the next three years. The comptrollers report also pointed out that some financing

sources for future projects remained unclear. The authority could need at least $20 billion for its 2015-19 capital program to keep the system in good repair, but had yet not identified where the money would come from, the report said. On Tuesday, Joseph J. Lhota, the authoritys chairman, lauded Mr. DiNapolis review of the financial plan, characterizing it as a thoughtful and thorough analysis. The comments stood in contrast to some of Mr. Lhotas past assessments of the comptrollers office. In July, after the office issued a report accusing the authority of giving Apple an unfair advantage in the bidding process to place a store in Grand Central Terminal, Mr. Lhota took to Twitter to assail its findings. Trust, honesty & accountability are building blocks of positive reputation, he wrote. Shame comptrollers staff have none of the qualities. The authority included in its preliminary budget some savings estimates that appeared hard to predict, including an expected $22 million in annual savings resulting from attempts to curb fare evasion on buses. The authority also expects to save $20 million annually as a result of a $1 charge it will impose on each new MetroCard purchase, a measure intended to push riders to refill cards rather than buy new ones.

Lottery Numbers
Oct. 2, 2012

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A24

THE NEW YORK TIMES NEW YORK WEDNESDAY, OCTOBER 3, 2012

City Room
News and conversation from the five boroughs:
nytimes.com/cityroom

ALEXANDER CRESWELL/HIRSCHL & ADLER GALLERIES

A watercolor by Alexander Creswell depicts a River Thames procession during Queen Elizabeth IIs diamond jubilee.

An Artistic Witness To Royal History

By JAMES BARRON

Alexander Creswell was saying he had drawn while bouncing in a speedboat alongside a yacht and while hanging out of a helicopter. So the watercolor showing what happened on April 29 of last year something that happened indoors, that did not involve splashing or motion sickness and that was over in less than an hour must have been an easy assignment, right? No, he said. Mr. Creswell is a British artist with 38 watercolors in the Royal Collection, which has its Rembrandts and Vermeers, and also the crown jewels and which has been making acquisitions since the Middle Ages. Thats a lot longer than April 29 of last year. Why does April 29 of last year keep coming up, anyway? For Americans who do not memorize

important dates in the royals lives, April 29 of last year was the day on which Prince William married Kate Middleton in Westminster Abbey. And Mr. Creswells maquette in effect, the final draft of the larger one that went to the newlyweds is on display in New York in an exhibition at the Hirschl & Adler Galleries at 730 Fifth Avenue, where a reception was held on Tuesday. Back to April 29 of last year. For Mr. Creswell, it was a workday, and a complicated one. I very nearly didnt get there because of the crowds, he said, and he had allowed time for an early start. As it was, he was in his seat, sketching, two hours before and four hours after. He said he covered 25 pages in his sketchbook. He even did watercolor notes sketches in color so that he would have a record of the colors

CHESTER HIGGINS JR./THE NEW YORK TIMES

Mr. Creswell, who has 38 watercolors in Britains Royal Collection, has a show in Manhattan. You cannot make mistakes in a watercolor, he said. Well, you cannot correct them.
of the day when he painted the final version, back in the studio. I was drawing as all the guests arrived, he said. By the time the ceremony was over, he said, I was drawing without looking at what I was drawing. You download from your eyes. Youve got to get it down while you remember it. The maquette apparently passed muster with the bridegrooms father. Prince Charles visited Mr. Creswells studio not to approve it or anything, Mr. Creswell said. What was the princes reaction to the maquette? I survived to paint another day. At the time, Mr. Creswell was working in the studio of the lateVictorian painter George Frederic Watts, who is famous for large allegorical scenes and for the way G. K. Chesterton described him: He may not be certain that he is successful, or certain that he is great, or certain that he is good, or certain that he is capable: but he is certain that he is right. Mr. Creswell was the first painter to work in Wattss studio in Surrey since Watts died in 1904; the reception at the Hirschl & Adler Galleries on Tuesday honored the Watts Gallery in Surreys efforts to save Wattss house there. Mr. Creswell has said he finds watercolor appealing because it is considered the most difficult medium. You cannot make mistakes in a watercolor, he said. Well, you cannot correct them. He does not work on a small, delicate scale: The maquette of the royal wedding is 22 inches by 30 inches, and Roman Forum, completed in 2006, is nine feet wide by five feet tall. Im pushing the boundaries, he said. Im starting a 12-by-5. He has been closely associated with the royal family for more than 20 years, but said he had not met Prince William or Catherine, the Duchess of Cambridge. Ive been in the same room as them on occasion. The royal family and the House of Lords commissioned him to paint the lying in state of the Queen Mother after her death in 2002, and he was the official artist when Prince Charles went on a

tour of Central Europe in 1998. The artists job is to see things he is too busy to see, Mr. Creswell said, describing Prince Charless trip as six manic days, drawing at state banquets in Slovakia and Bulgaria, among other places. The conversation turned back to what he was doing at the royal wedding: being a witness, documenting an important event. The tradition in the Royal Collection is they commission artists to record events, be they happy or sad, Mr. Creswell said. He mentioned the painter and printmaker John Piper, who was appointed an official war artist in World War II. There are millions of photographs of London during the blitz, but the idea is you get something more than the literal truth of the event. Half a century later, it was Mr. Creswells turn to document a gloomy moment in British history, the devastating fire at Windsor Castle in 1992, the year Queen Elizabeth called an annus horribilis. What if there had been an official artist in Las Vegas in August to document the party at which, judging by cellphone videos that turned up on the celebrity Web site TMZ, Prince Harry lost more than his shirt at strip billiards? I would have done a much better job than an iPhone, said Mr. Creswell, who is 55, but Im too old to go to that kind of a party, I suspect.

Mother Of Diallo Questions Gun Return

From Page A22 documents that if Officer Boss were to carry a weapon again, then he and the department could face prejudgment should he fire it. In 2006, Officer Boss took military leave and served as a Marine in Iraq. When he returned with an achievement medal for combat operations, Officer Boss again asked to get his gun back. Again he was denied. He then sued in court, only to see that case dismissed as well. Edward W. Hayes, the lawyer who represented Officer Boss, described his client as a cops cop. He loves the Police Department, Mr. Hayes added. This is a guy who loves being a policeman. Loves it. And he loves helping people. Mr. Hayes said he never gave up on Officer Boss throughout his long legal battle. I would have represented this guy till he was 100, he said. Officer Boss is now assigned full duty to the Special Operations Division, which responds to critical and emergency situations, like water rescues and hostage negotiations. There are not many cops who have his record in the Marine Corps, so you want to save him for the really bad problems, Mr. Hayes said. Yet Ms. Diallo said Officer Bosss determination to get his gun back had forced her to relive her sons death repeatedly. For Kenneth Boss to be stubborn and continue challenging this, its like hes killing my son all over again, she said. He is opening up the wound. In many ways, Ms. Diallo has

City Is Fined For a Failure To Display Leash Rules

By TRISTAN HALLMAN

MARY F. CALVERT FOR THE NEW YORK TIMES

Kadiatou Diallo with a picture of her son Amadou Diallo near her home in Maryland. She lived in Guinea when he was killed.

An officer in a 1999 case who was exonerated at trial.

become the public face of tragic fatal police shootings. She traveled from her Maryland home to Manhattan on Friday to console the mother of Mohamed Bah. The police shot and killed Mr. Bah, 28, in the doorway of his Harlem apartment when, according to the police, he lunged at officers with a knife on Sept. 25. Mr. Bahs mother called 911 for help after her son locked himself in his apartment with a knife. Ms. Bah and Ms. Diallo have

RUBY WASHINGTON/THE NEW YORK TIMES

Officer Kenneth Boss, second from left, outside court with Officers Richard Murphy, left, and Edward McMellon, with glasses.

been friends for years. They had lived near each other in Liberia and the two families socialized, according to Ms. Diallo, who added that the timing of Mr. Kellys decision, on the heels of Mr. Bahs death, added a new layer of grief. Ms. Diallo said her three grandsons, 7-year-old triplets, one named Amadou, look at her sons photograph on her living room wall and ask her what happened to their uncle. He is smiling in the photo, frozen at age 22. We never discuss this tragedy with them, Ms. Diallo said. They look at the picture and say: Grandma, can you tell us what happened to our uncle? Was it a car accident? Was he sick? I tell them, One day I will tell you.

A Broadway Honor for a Very Early New Yorker Largely Lost to History
By SAM ROBERTS

Juan Rodriguez is not a household name. Not yet, at least. In fact, the name has been so lost to history that people cannot agree even on how to spell it. Nonetheless, one version will soon grace street signs on three miles of Broadway in Upper Manhattan, and the honor may prompt a debate about when to start celebrating New York Citys 400th birthday. Who was Juan Rodriguez? That is not certain, either, but enough agreement has emerged that Rodriguez, a native of what is now the Dominican Republic, was the first non-Indian to settle in New York that Mayor Michael R. Bloomberg signed legislation on Tuesday to add Rodriguezs name to Broadway from 159th Street in Washington Heights to 218th Street in Inwood. The neighborhoods have heavily Dominican populations. Councilman Ydanis Rodriguez no relation, apparently, to Juan

CHARLES LILLY/SCHOMBURG CENTER FOR RESEARCH IN BLACK CULTURE

A portrayal of Juan Rodriguez, with a pan, establishing a trading post with American Indians on Manhattan Island in 1613.
sponsored the legislation. In 1613, Juan (or Jan or Joao) Rodriguez (or Rodrigues) appears to have accompanied Thijs Mossel, a Dutch sea captain, on the vessel Jonge Tobias from San Domingo, now known as Santo Domingo. Mossel returned to the Netherlands, while Rodriguez was marooned in what became New York (on either Governors Island or Manhattan) or more

likely decided on his own to stay. Something of a linguist, he is believed to have mastered the local Indian language and manned a tiny trading post. The Dutch apparently gave him 80 hatchets and other tools and weapons as payment for his services. Much of what is known about him comes from affidavits by another captain, Adriaen Block, who complained that Mossel, presumably through Rodriguez, was overpaying for beaver pelts and was ruining Blocks business. Mossel insisted that Rodriguez was not his agent, but rather that Rodriguez had abandoned ship and stayed on the island voluntarily (at least into 1614, when Mossel returned) and might have eventually married an Indian. Crew members said in affidavits that the mulatto or Spaniard had run away from the ship and gone ashore against their intent and that Blocks crew ought to have killed him when he refused to go with them

to Holland. A report by the Dominican Studies Institute at City College of the City University of New York concluded this year: Juan Rodriguez happens to be the first historically recorded individual of non-Native American ancestry to have ever resided in what is today metropolitan New York, before the Dutch named their settlement New Amsterdam. Since there is no archival evidence that Rodriguez left, said Ramona Hernandez, director of the institute, Rodriguez is the first immigrant, the first black person, the first merchant, the first Latino and, to us, the first Dominican to have ever lived in New York City. The city seal proclaims 1625 as the year the Dutch founded New York. With Rodriguez now freshly remembered as having become a New Yorker a dozen years earlier, maybe the citys 400th birthday candle will be lighted in 2013.

Dog owners claimed victory over New York City on Tuesday when an appellate panel ordered the parks department to pay $5,000 for ignoring a 2004 court order to post signs regarding leash rules in Riverside Park. The court found that the department did not post the required signs until 2010. The signs were meant to alert parkgoers to where and when they could have their dogs off the leash. Dogs are not allowed to be off leash within a five-block radius of the parks dog runs at any time. The nearly seven-year delay led to a sharp decision from five judges in the First Department of the Appellate Division of the State Supreme Court. Compliance with court orders is essential to the integrity of our judicial system and thus, litigants must not be allowed to ignore court orders with impunity, they wrote, declaring the parks departments conduct frivolous. Their decision overturned a 2011 ruling by a State Supreme Court justice, O. Peter Sherwood, that said the city did not have to pay a fine. Despite the absence of signs, the leash law was enforced and dog owners were fined without a posted notice, said David F. Dobbins, a lawyer for a group of dog owners who use the park. Mr. Dobbins, 84, has long crusaded against the parks leash rules. He is something of an unlikely champion for the cause of leash freedom, since his Doberman, Anteia, was fatally struck by a car in Riverside Park while chasing a squirrel while off leash two years ago. His current dog, Jesse, lacks the confidence to be without a leash, Mr. Dobbins said. Mr. Dobbins fought the rule, which was enacted in 1999, that made the five-block restrictions effective around the clock rather than only between 9 a.m. and 9 p.m. He lost that battle, but the court order stating that the city must post 20 signs in the park announcing the rule became his consolation prize. Mr. Dobbins said the $5,000 fine was a drop in the bucket for a department with a $338 million operating budget for the 2013 fiscal year. And the fine will be paid to the state Department of Taxation and Finance, so essentially one government entity will just be paying another. The parks department said it did not believe a fine was needed. We are in compliance with the court order now and have been for some time, wrote Vickie Karp, a spokeswoman, in a statement. We do not think sanctions were warranted in this case. Mr. Dobbins said, Im a private practitioner, and if I continue to ignore something that Im supposed to do, my client can sack me. We cant sack a government agency.

THE NEW YORK TIMES NEW YORK WEDNESDAY, OCTOBER 3, 2012

A25

Ex-Officials For Housing Plead Guilty To Bribery

By MOSI SECRET

Citys Proposed Council Map Is Called Unfair to Minority Groups

By DAVID W. CHEN

Two former New York City housing officials pleaded guilty on Tuesday to accepting bribes from real estate developers. They were the latest people connected to the city agency to fall in a stillcontinuing corruption investigation. One of the officials, Michael Provenzano, who supervised work-site inspections for the Department of Housing Preservation and Development, pleaded guilty to providing internal inspection reports to a real estate developer in exchange for an annual $10,000 payment. The developer, who was inflating his labor costs, used the reports to alter his payrolls to match what housing inspectors observed at the construction sites, according to court documents. The other official, Luis Adorno, 49, also a supervisor at the housing department, admitted accepting a $100,000 bribe in exchange for securing a lucrative contract for a developer. Neither of the developers were named in the court documents, an indication that they are cooperating with investigators. In the courtroom of Judge Nina Gershon in Federal District Court in Brooklyn, Mr. Provenzano, 49, choked back tears as he read from a statement that he had prepared with his lawyer. I knew what I did was wrong and I deeply regret that, he said. Moments later, Mr. Adorno acknowledged his crimes without much emotion but said that he was feeling remorseful. Their pleas followed another from Wendell B. Walters, a onetime assistant commissioner at the housing department who pleaded guilty in March to racketeering conspiracy and bribery in connection with a scheme to steer projects to developers in exchange for millions of dollars in cash. Several others arrested in that case are awaiting trial. That touched off the broad investigation in contracts at the department, led by the Federal Bureau of Investigation in cooperation with the federal Labor Department and the citys Investigation Department. These defendants flouted their responsibilities as city employees to profit personally, Mary Galligan, an assistant director of the F.B.I., said in a statement on Tuesday. When public employees favor bribe-payers, inevitably the city and the public stand to lose. The government plans to seize $30,000 from Mr. Provenzano and $100,000 from Mr. Adorno. Both men are scheduled to be sentenced in December. They each face a maximum of 10 years in prison.

East Harlem would be split in two, and represented by two New York City Council members, including one from the Bronx. Two neighborhoods in Brooklyn and Queens with fast-growing AsianAmerican populations would be quartered, making it much more likely that the areas would continue to lack Asian-American elected voices. And Manhattan, despite growing at a healthy clip, would cede one City Council seat to the Bronx. Those are among the grievances that have gained momentum in recent weeks among advocates for minorities and government watchdogs, in response to the map proposed by the citys Districting Commission to delineate, block by block, the future boundaries of City Council members districts. They have not done a very good job so far, said Margaret Fung, executive director of the Asian American Legal Defense and Education Fund. Now, however, the redistricting process, which takes place every 10 years, after the census, is entering a crucial stage. A monthlong schedule of public hearings, which began Tuesday night in the Bronx and will continue on Thursday in Manhattan, will culminate with an updated map proposal that will be presented to the City Council for an up-or-down vote in early November. Then, barring a court challenge, that map will be first used in the 2013 citywide elections, which, because of term limits, promise to produce a lot of turnover on the Council. In an interview, Carl Hum, the

RICHARD PERRY/THE NEW YORK TIMES

Public hearings on the draft City Council redistricting map began on Tuesday at Bronx Community College. Herman Francis, from the Bronx, addressed the redistricting commission.
executive director of the commission, defended the initial map as an earnest attempt to balance many different demographic forces, using the example of a jigsaw puzzle. But he suggested that the commission was open to changes because we certainly understand the gravity of having a map that reflects our city and making sure minority groups are represented fairly. It was a map to start the conversation, he said. We didnt get everything right. Redistricting is usually a much bigger battle on the state level, with state legislative and Congressional seats at stake, and incumbents future chances sometimes in jeopardy. The local process, by contrast, is typically free of controversy or attention, as was the case a decade ago in New York City. But this time, the debate here is much more animated. The redistricting commission has 15 members; 7 are appointed by Mayor Michael R. Bloomberg; 5 by Christine C. Quinn, the City Council speaker; and 3 by James S. Oddo, the City Council minority leader. But advocates for minorities and government watchdogs contend that the power lies chiefly with Ms. Quinn, who is expected to be a leading candidate for mayor in 2013. One of the main shortcomings of the proposed map, some critics say, is that it breaks up established neighborhoods, like El Barrio in northern Manhattan and Brooklyns Chinatown, in a way that is counter to the City Charter. They cite, as the most egregious example, City Councilwoman Melissa Mark-Viverito, whose district, which now covers 10 percent of the Bronx, would

become a majority-Bronx district, thereby giving Bronx political forces an extra seat. This doesnt make any sense, said Ms. Mark-Viverito, who, along with her neighbor in Harlem, City Councilwoman Inez Dickens, is viewed as a possible contender to be the next speaker. Its a disservice, I think, to constituents in the Bronx and in Manhattan. Theres a lot of speculation, and I dont want to get in the middle of that. So as an alternative, minority groups have proposed what they say is a Unity Map that would more accurately reflect the demographic shifts in the city, with Hispanics and Asian-Americans getting a better chance at representation. Even if the commission adopts many of the proposed changes, however, some critics are grumbling that there will be no public hearings held to discuss the amended maps; the City Charter requires only that the commission submit the new map to the Council. This process is very important, and it would behoove the City Council and the community to be as transparent as possible, said John Garcia, redistricting manager of LatinoJustice PRLDEF. But Mr. Hum said that there would be plenty of time, after the Council votes on the proposal, for the public to weigh in with individual council members. The map must also pass the muster of the Justice Department, to ensure that minorities rights under the Voting Rights Act are upheld, and the commission is in regular contact with the federal government, Mr. Hum noted.

L.I. Man Is Said to Have Connected Mystery Investor to Scuttled Musical

By PATRICK HEALY and WILLIAM K. RASHBAUM

Appeals Court Orders Bail For a Donor

By The Associated Press

A Long Island man with a history of civil fraud complaints against him, and who filed for personal bankruptcy in 2011 with $15 million in debts, steered the lead producer of the now-scuttled Broadway musical Rebecca to a mysterious investor whose recent death from malaria set the stage for the collapse of the musical, according to a person who learned about the middleman from the producer, Ben Sprecher. The man, Mark C. Hotton of West Islip, N.Y., has been sued for fraud in federal court in New York and Florida in recent years, with plaintiffs alleging that Mr. Hotton and his wife Sherri have hoodwinked investors by inflating the account balances of their businesses and diverting payments for their own benefit. In one of the cases, according to court papers, Mr. Hotton was accused of running a Ponzi scheme in which he recruited people to invest in securities and guaranteed at least a return on principal, then used the money to pay off other investors. The case was closed last year pending the outcome of a related arbitration proceeding. In another fraud case filed against Mr. Hotton in State Supreme Court in Manhattan, Justice Judith J. Gische wrote that Jack Styczynski contributed research.

Mark C. Hotton is a savvy businessman and his defenses show at best, poor judgment, and at worst, admissions of criminal conduct. The outcome of that case, based on court records, was unclear. As for Rebecca, Mr. Hotton first met the shows producer, Mr. Sprecher, last winter, at a time when news reports described Mr. Sprechers difficulties raising money for the $12 million budget to stage the musical on Broadway, according to the person who provided information about Mr. Hotton. The person spoke on condition of anonymity, citing a continuing criminal investigation into the collapse of Rebecca by the United States attorneys office and the Federal Bureau of Investigation. Mr. Hotton connected Mr. Sprecher to Paul Abrams, whom Mr. Sprecher described in an interview last month as a wealthy South African businessman with offices in Johannesburg and London. Mr. Sprecher has said he never met or spoke on the phone to Mr. Abrams, however; Mr. Abrams signed investment papers for Rebecca in February, listing an Australian address and phone number, and pledged to provide $2 million for the show and raise $2.5 million more from three other people. Then, in September, Mr. Sprecher announced the death of a major investor, whom he would later identify as Mr. Abrams, and said the show would be in limbo

unless he was able to replace the $4.5 million. Mr. Sprecher said that this week he came close, but that a new major investor, who was going to put $2 million in the show was scared off by an anonymous e-mail that outlined the shows troubled history and derided Mr. Sprecher. Mr. Hotton and his wife could not be reached for comment on Tuesday night at any of the phone numbers listed in court documents and public records. However, Mr. Hottons lawyer in the bankruptcy proceedings, Heath Berger, said in an inter-

view on Tuesday night that he had no information about his client being involved with Mr. Sprecher or the Rebecca musical. According to his bankruptcy filing, Mr. Hotton owed more than $1 million in loans on four different boats; $235,000 to American Express; and several millions of dollars in other debts. Mr. Hotton did not respond Tuesday night to a request for comment that Mr. Berger said he would pass along. Federal authorities interviewed Mr. Sprecher last week about Mr. Abrams and others as-

pects of Rebecca, and Mr. Sprecher also spoke with the authorities about Mr. Hotton, according to the person who spoke on condition of anonymity. No one has been able to confirm the existence or death of Mr. Abrams, and even some associates of Mr. Sprecher question whether he existed. Mr. Sprecher did not respond Tuesday night to a request for comment about his relationship with Mr. Hotton. The United States attorneys office and the F.B.I. declined to comment on Tuesday night.

An opera-loving philanthropist convicted of a multimillion-dollar fraud will soon be freed from prison on bail after a federal appeals court in New York signaled on Tuesday that he might be succeeding in his effort to prove that his case deserved a second look. The United States Court of Appeals for the Second Circuit issued a one-page order requiring the philanthropist, Alberto W. Vilar, and a co-defendant, Gary Alan Tanaka, be released before it issued its opinion on the legality of their convictions. A lawyer, Vivian Shevitz, who is representing both men on appeal, said she was very gratified by the decision. It means we have a substantial issue likely to result in reversal, she said. A spokeswoman for federal prosecutors declined to comment. Mr. Vilar, 71, was accused of cheating investors out of $22 million through his company, Amerindo Investment Advisors Inc., based in San Francisco. He was convicted in November 2008 on 12 counts of securities fraud, wire fraud and money laundering, among other charges, and was sentenced to nine years in prison. He was projected to be released in September 2016. Mr. Vilars defense team said that he had received poor legal help, that there was insufficient evidence of certain crimes of which he was accused, and that the judge at trial had not instructed the jury properly. The appeals court, which heard oral arguments in August, instructed a lower-court judge to set bail for the men. Mr. Tanaka, 69, has two years remaining on his five-year prison term.

A26

THE NEW YORK TIMES EDITORIALS/LETTERS WEDNESDAY, OCTOBER 3, 2012

ARTHUR OCHS SULZBERGER JR., Publisher Founded in 1851

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The News Sections

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The Business Management

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The New York Times Company

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Publisher 1896-1935
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Mr. Schneiderman Presents His Case

New Yorks attorney general uses state law to expose a broad pattern of mortgage fraud
If New Yorks attorney general, Eric Schneiderman, cannot bring banks and bankers to justice for the mortgage debacle, it wont be for lack of trying. It will be for lack of resources and political will that only federal partners can provide, including the Justice Department, the Internal Revenue Service, the Securities and Exchange Commission and, most important, President Obama. Mr. Schneidermans civil suit against a unit of JPMorgan Chase, filed this week in New York State Supreme Court, contains familiar allegations in a new legal package. It revolves around Bear Stearns & Company, the failing investment bank acquired by JPMorgan Chase in a government-brokered fire sale in 2008, and contends that, from 2005 through 2007, Bear Stearns systematically defrauded investors who bought mortgage securities packaged by the investment bank and its mortgage-lending unit. The crux of the complaint is the willful failure of Bear Stearns to assess the quality of the loans it was packaging into securities, though it assured investors it was performing stringent due diligence. And even as the loans began to default en masse, Bear Stearns allegedly did not require the loan originators to buy them back, as it should have to reimburse investors. Instead, it demanded cash payments from the lenders and pocketed the money. Unlike other cases brought by federal regulators that focused on particular transactions, the Schneiderman lawsuit alleges a broad pattern of fraud and misrepresentation. That broad scope presents an opportunity not only to punish wrongdoing at one bank, but to apply the methods and findings of the case to other banks. Another contrast is that mortgage fraud cases, to date, have tended to settle quickly. In this case, JPMorgan has said it would contest the allegations. That creates the potential to unearth more evidence of wrongdoing, increasing the possibility that the case could be used as a template for further cases. It also holds out the possibility of criminal charges, assuming that fact-finding in the civil case leads to evidence of crimes. The Schneiderman case does not name any individuals, and the time for pursuing criminal charges under state law is running short. But federal prosecutors have greater leeway to pursue such charges. So where are the feds? If systemic fraud is alleged under New York law, why arent there parallel federal charges, civil and criminal, for violations of banking, tax and securities laws? Clearly, unless there is a pathway to criminal prosecution even a successful civil suit is likely to leave the impression that justice has not been done. Mr. Schneiderman is pursuing his case under New Yorks Martin Act, a powerful tool that does not require the attorney general to demonstrate that the defendant intended to defraud. But unless and until federal prosecutors and regulators are willing to follow up Mr. Schneidermans actions with broad suits based on violation of federal laws, the full range of potential wrongdoing by banks will go unaddressed. And the rule of law, as well as the opportunity for redress, will suffer irreparable harm.

Overcoming Hurdles to a Childs Success

TO THE EDITOR:

Re The Psych Approach (column, Sept. 28): Thanks to David Brooks for calling attention to the effect that trauma can have on children. Understanding that adverse childhood experiences can lead to a cascade of social, cognitive and emotional problems, high-risk behavior and ultimately early death is the first step in addressing them. The interdisciplinary work Mr. Brooks calls for began more than 15 years ago. A number of organizations working at the district, state and national level have developed a new vocabulary for addressing the needs of traumatized children, and new ways of structuring the school environment. The spreading trauma sensitive schools movement has created a shared understanding of the coordination needed among teachers, administrators, social workers, and even bus drivers and cafeteria workers to create the safe and supportive environments these children, and all children, need. Organizations working to address the effect of childhood trauma need the support this critical public policy issue requires and its inclusion in the education reform agenda. SUSAN F. COLE Cambridge, Mass., Sept. 29, 2012 The writer is director of the Trauma and Learning Policy Initiative, a joint program of Harvard Law School and Massachusetts Advocates for Children.
TO THE EDITOR:

early social and emotional health leads to more favorable long-term academic and social outcomes. This underscores the importance of early intervention that can prevent the emergence of emotional and behavioral challenges later in life. We can do this by using schoolwide assessments for students social and emotional competencies like self-management, decisionmaking and optimism. Health care providers, academic institutions and society as a whole must build a culture of resilience. If we can shift the paradigm to focus on healthy brain development, we will be able to design more holistic, effective, efficient and less costly interventions across all human service lines. MARILYN B. BENOIT Villanova, Pa., Sept. 28, 2012 The writer, a child and adolescent psychiatrist, is the chief clinical officer of Devereux, a nonprofit behavioral health organization.
TO THE EDITOR:

Temporary Voter Relief in Pennsylvania

A judge lifts the ID requirement for the November election, but a bad law lives on
A state judge on Tuesday brought some temporary relief to the democratic process in Pennsylvania, ruling that voters there will be able to cast a ballot for president next month even if they lack an ID card. If the ruling holds up, it will mean the failure, for now, of a Republican effort to disenfranchise minority and low-income voters likely to support President Obama. But neither the judge, Robert Simpson, nor the State Supreme Court took the far more courageous step of tossing out the entire voter ID law for violating the rights of Pennsylvania citizens. Instead, Judge Simpson said there simply wasnt time before the Nov. 6 election to ensure that no one would be disenfranchised by the law. In effect, he gave voters a few more months or years to obtain state IDs, missing the point that the cards are unneeded and unfair in the first place. I expected more photo IDs to have been issued by this time, he wrote. For this reason, I accept petitioners argument that in the remaining five weeks before the general election, the gap between the photo IDs issued and the estimated need will not be closed. The judge also refused to stop election officials from asking for ID cards at the polls. Those without identification can still vote, and they will not have to use provisional ballots. But for voters who arent keeping up with the news, merely being asked the question could create unnecessary confusion and fear. Allowing officials to ask for unneeded ID cards makes little sense, but it fits right in with a law that from the start was based solely on political expediency and not on rational grounds. The fraud that the law purports to reduce does not actually exist, either in Pennsylvania or anywhere else in the country. Republicans made a strenuous effort to impose the ID requirement in swing states that Mr. Obama won in 2008, including Florida, Wisconsin, Ohio and Pennsylvania. One Pennsylvania legislator was caught on video admitting that the law would give the state to Mitt Romney. Polls in the state suggest thats very unlikely to happen this year, but these laws will live on as a sleazy legacy of voter suppression. The Pennsylvania Supreme Court had a chance to strike it down, but instead told Judge Simpson last month simply to determine whether the cards were adequately distributed for this election. The judge, who had already ruled in August that the ID requirement was reasonable and nondiscriminatory, will hold another trial on the matter after the election. That means he still has time to change his mind, acknowledge reality and lift this offensive requirement from new generations of Pennsylvania voters.

I was pleased and encouraged to read David Brookss column making the case for domestic policies for children that address psychological barriers to success. Indeed, the critical link between childrens social and emotional health and their success in life cannot be overestimated. Weve known that childrens

David Brooks gets it! Poverty is correlated with dysfunction but does not cause it. Rather, childrens emotional absorption in trying to deal with multiple childhood traumas and absent or poor parental models interferes with learning and adaptation. Mr. Brookss solution of programs to help students work on resiliency, equanimity and self-control is well meaning but superficial. These children need continuing psychotherapy to deal with these traumas from preschool onward in the schools to work on these complex underlying problems. BRUCE H. SKLAREW Washington, Sept. 30, 2012 The writer is a psychoanalyst and psychiatrist.

Invitation to a Dialogue: Affirmative Action

TO THE EDITOR:

Justice Under the Law of Nations

The Supreme Court heard arguments on Monday in the important international human rights case of Kiobel v. Royal Dutch Petroleum. The case was brought by Nigerian citizens who allege that, from 1992 to 1995, multinational oil companies working in Nigeria aided the military dictatorship that tortured and killed protesters who fought the environmental damage caused by the oil operations. The issue is whether American courts can hear cases brought by noncitizens against multinational corporations that do business in the United States for committing extreme human rights abuses abroad and, if so, under what rules. The 1789 Alien Tort Statute allows federal courts to hear any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States including this one, say the plaintiffs. Since 1980, federal courts have allowed foreigners to sue foreign individuals in the United States under that statute for violations of the law of nations, like torture, genocide and war crimes. In 2004, the Supreme Court confirmed in a 6-to-3 ruling that the law allows suits for the most abhorrent violations of universally accepted rights. But it did not say whether corporations can be sued under that statute. The defendants argue that allowing such suits in American courts could subject American corporations to similar claims in other countries. But that concern is overblown. In fact, many countries allow suits against foreign corporations for conduct abroad that violates the law of nations, with no great burden on American corporations. Even if the justices let plaintiffs sue corporations under the Alien Tort Statute, a federal court cannot take the case unless the defendant has sufficient connection to this country. And well-established legal doctrines allow federal courts to dismiss claims if another country provides a better forum or if the case will interfere with American foreign policy. American law has allowed plaintiffs to sue corporations for more than 200 years. There is no good reason that principle should not be applied to corporate actors for claims under the Alien Tort Statute, when evidence points to severe human rights violations.

The Supreme Court will hear arguments this month in a case with the potential to end the use of race as a factor in college admissions (Fisher v. University of Texas at Austin). Conservatives are eager for a sweeping ruling accomplishing just that. But their zeal betrays longstanding conservative values about states rights and the role of the courts. And the country is not exactly clamoring for the change they seek. There are good reasons for the court to sidestep this opportunity to act boldly, reasons that conservatives would trumpet in other contexts. An affirmativeaction challenge at the federal level tramples on conservative legal principles like respect for state sovereignty and local governance, as well as judicial restraint in tinkering with democratically enacted policies. Indeed, rushing to the Supreme Court is not always the wisest method for effecting legal change. Seeking a ruling from the court with nationwide effect neglects the state-by-state evolution on affirmative action. Seven states have barred their public colleges from using it, and affirmative-action bans are regularly on the ballot in other states. States are making their own decisions at their own paces, and there are risks to leapfrogging them. The Supreme Courts experience with fraught social issues demonstrates the virtue of the courts waiting to have the last word. Roe v. Wade, which invalidated 46 state abortion laws all at once, is an oft-cited example of the courts moving too far too fast. That decision spawned a backlash that has riven national politics ever since. In contrast, the court did not

KELLY BLAIR

recognize a right to interracial marriage until 1967, when just 16 states had laws against it and public opinion was mostly settled in support. Same-sex marriage advocates have carefully weighed the lessons of those cases and others to decide how aggressively to push their litigation agenda. Opponents of affirmative action, especially those on the Supreme Court, ought to do the same. ADAM D. CHANDLER Burlington, N.C., Oct. 1, 2012 The writer is a 2011 graduate of Yale Law School. He was a law clerk to Judge Patrick Higginbotham, who wrote the affirmative action decision being reviewed by the Supreme Court, but his clerkship began after the opinion was issued. Editors Note: We invite readers to respond by Thursday for the Sunday Dialogue. We plan to publish responses and Mr. Chandlers rejoinder in the Sunday Review. E-mail: letters@nytimes.com

Jerry Seinfeld (Really!) Riffs About . . . Something

TO THE EDITOR:

Mistrust in California
Gov. Jerry Brown of California dropped the ball on Sunday when he vetoed the Trust Act, a bill aimed at keeping harmless immigrants out of the deportation dragnet not out of misguided compassion, but to bolster public safety. The police in immigrant communities depend on the cooperation of witnesses and victims; when local officers become federal immigration deputies, fear overrides trust and crime festers. Mr. Browns late-night veto bitterly disappointed immigrant advocates, law-enforcement officials, religious leaders and others who had urged him to take a stand against pressure from Immigration and Customs Enforcement, which is deporting people at a blistering pace and wants to keep doing so. The agencys Secure Communities program has turned local police into handmaidens of federal immigration policy; people arrested are automatically subjected to immigration checks, leading to the deportations of tens of thousands who have no criminal records or are only minor offenders. Local crime fighting and civil immigration enforcement have thus become confusingly, dangerously entangled. States like Arizona are jumping into the deportation business; sheriffs offices are run like rogue ICE outposts; racial profiling and other abuses are rampant. Mr. Brown could have put California on a better path. He failed, making it more urgent for President Obama to reform ICE to compel it to focus on dangerous offenders and to stop outsourcing critical discretion to local sheriffs and police departments. Mr. Brown also vetoed a bill to make his state the second, after New York, to extend basic labor protections to domestic workers. He won praise for signing a bill to allow drivers licenses for young people whose deportations have been halted by the Obama administration. But judging from the dismay that his vetoes have caused, Mr. Brown has work to do to repair ties with a larger set of constituents. He can start by protecting their safety, and their rights.

A note to Neil Genzlinger (The R Word: Really, Really Overused, Arts pages, Oct. 2): Your Critics Notebook column about the overuse of the term Really? was so deeply vacuous that I couldnt help but feel that you have stepped into my area of expertise. Really, Neil? Really? Youre upset about too many people saying, Really?? I mean, really. O.K., fine, when its used in scripted media, it is a little lazy. But comedy writers are lazy. Youre not fixing that. So, heres the bottom line. If youre a writer, fine, dont use it.

ONLINE: MORE LETTERS

Jeremy Ben-Ami, president of the lobbying group J Street, writes about Jewish voters and the Middle East. Also: American policy on cyberwarfare.
nytimes.com/opinion

But in conversation it is fun to say. I did a Saturday Night Live Weekend Update segment titled Really!?! with Seth Meyers a few years ago. It was a blast and the audience loved it. Your example with the girl in the office and the bad clothes? It is definitely much more fun to look at her and just say, Really? than to actually talk about the stupid outfit. Really, it is. What I do not say or write, as you did in the part about responses to Einsteins theories, is wrap my head around it. Are you kidding? No, no, no, Neil. No sir. When I hear people say, If you can wrap your head around it, I want to wrap their heads around something, like a pole. Theres no wrapping. Theres no heads going around. Dont preach to us about Really? and then wrap our heads around things. You crumbled a bit of civilization off there yourself. Really. JERRY SEINFELD New York, Oct. 2, 2012

THE NEW YORK TIMES OP-ED WEDNESDAY, OCTOBER 3, 2012

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THOMAS L. FRIEDMAN

China Needs Its Own Dream

On Nov. 8, China is set to hold the 18th National Congress of the Communist Party. We already know who will be the next party leader: Vice President Xi Jinping. What we dont know is what matters: Does Xi have a Chinese Dream that is different from the American Dream? Because if Xis dream for Chinas emerging middle class 300 million people expected to grow to 800 million by 2025 is just like the American Dream (a big car, a big house and Big Macs for all) then we need another planet. Spend a week in China and youll see why. Heres a Shanghai Daily headline from Sept. 7: City Warned of Water Resource Shortage. The article said: Shanghai may face a shortage of water resources if the population continues to soar. ... The current capacity of the citys water supply was about 16 million tons per day, which is able to cover the demand of 26 million people. However, once the population reaches 30 million, the demand would rise to 18 million tons per day, exceeding the current capacity. Shanghai will hit 30 million in about seven years! Success in the American Dream, notesPeggy Liu, the founder of the Joint U.S.-China Collaboration on Clean Energy, or Juccce, used to just mean a house,

A Glimmer in the Vast Wasteland

By Newton N. Minow

MAUREEN DOWD

How will Chinas new leaders handle growth?

a family of four, and two cars, but now its escalated to conspicuous consumption as epitomized by Kim Kardashian. China simply cannot follow that path or the planet will be stripped bareof natural resources to make all that the Chinese consumers want to consume. Liu, an M.I.T. graduate and former McKinsey consultant, argues that Chinese today are yearning to create a new national identity, one that merges traditional Chinese values, like balance, respect and flow, with its modern urban reality. She believes that the creation of a sustainable Chinese Dream that breaks the historic link between income growth and rising resource consumption could be a part of that new identity, one that could resonate around the world. So Juccce has been working with Chinese mayors and social networks, sustainability experts and Western advertising agencies to catalyze sustainable habits in the emergent consuming class by redefining personal prosperity which so many more Chinese are gaining access to for the first time as more access to better products and services, not necessarily by owning them, but also by sharing so everyone gets a piece of a better pie. That means, among other things, better public transportation, better public spaces and better housing that encourages dense vertical buildings, which are more energy efficient and make shared services easier to deliver, and more e-learning and e-commerce opportunities that reduce commuting.Emphasizing access versus ownership isnt just more sustainable, it helps ease friction from the differences between rich and poor. Indeed, Juccce translates Chinese Dream as Harmonious and Happy Dream in Mandarin. (Green doesnt sell in China.) Chinese are more open to this than ever. A decade ago, the prevailing attitude was, Hey, you Americans got to grow dirty for 150 years. Now it is our turn. A couple of weeks ago, though, I took part in the opening day of Tongji Universitys Urban Planning and Design Institute in Shanghai and asked students whether they still felt that way. I got a very different answer. Zhou Lin, a graduate student studying energy systems, stood up and declared, with classmates nodding, You can politicize this issue as much as you want, but, in the end, it doesnt do us any good. It is not about fairness anymore, he said. It is in Chinas best interest to find a cleaner growth path. To say China needs its own dream in no way excuses Americans or Europeans from redefining theirs. We all need to be rethinking how we sustain rising middle classes with rising incomes in a warming world, otherwise the convergence of warming, consuming and crowding will mean we grow ourselves to death. Chinas latest five-year plan 2011-15 has set impressive sustainability goals for cutting energy and water intensity per unit of G.D.P.All of these goals are critical to the greening of China, but they are not sufficient, argues Liu. With retail sales growing 17 percent a year since 2005 and urban incomes up 150 percent in the last decade, the government must also have a plan to steer consumer behavior toward a sustainable path, adds Liu. But it doesnt yet. So Xi Jinping has two very different challenges from his predecessor. He needs to ensure that the Communist Party continues to rule despite awakened citizen pressure for reform and that requires more high growth to keep the population satisfied with party control. But he also needs to manage all the downsides of that growth from widening income gaps to massive rural-urban migration to choking pollution and environmental destruction. The only way to square all that is with a new Chinese Dream that marries peoples expectations of prosperity with a more sustainable China. Does Xi know that, and, if he does, can he move the system fast enough? So much is riding on the an swers to those questions.

CHICAGO ONIGHT, President Obama and Mitt Romney will meet in Denver for our nations 28th televised presidential debate. The first was in 1960, when John F. Kennedy and Richard M. Nixon squared off in Chicago. After he was elected, Mr. Kennedy told me he would not have not have won without the four debates that year. The debates are an institution now, and among the most watched television events in America. They are one place in the modern campaign perhaps the only place where the voter is treated with respect. They are the one time when the major candidates appear together side by side under conditions they do not control. They are a relief from the nasty commercials that dominate the campaign, fed by donations that are effectively unlimited and anonymous. Broadcasters provide the television time for the debates, without commercials, as a rare public service. I have been privileged to participate in some form in all 27 presidential and 8 vice presidential debates so far. In 1960, I helped my boss, the former Illinois governor and presidential candidate Adlai E. Stevenson, persuade Congress to exempt debates from the equal-time law, making it possible for broadcasters to cover them without having to include every candidate for the presidency, no matter how marginal. (Congress failed to provide the same exemption in 1964, 1968 and 1972, so there were no debates those years.) After the Federal Communications Commission acted to exempt the debates from the equal-time law, the League of Women Voters revived the debates, in 1976, and asked me to help. Critics have sometimes charged that the debates, and their format and substance, are controlled by the two major parties and campaigns. This was once true. In 1980, for example, the negotiations between the League of Women Voters and two skilled Texas political hands James A. Baker III for the Re-

publicans and Robert S. Strauss for the Democrats reached an impasse. Thats when Jim Baker looked at me and said, Newt, excuse me, I have to go to the mens room. Two minutes later, Bob Strauss similarly excused himself. About 10 minutes later, they came back together with handwritten notes on the back of an envelope and told us, Heres the way its going to be. At that time, the debates were still a fragile institution. We had no leverage to compel the candidates to participate, so we accepted their compromise. Eventually, this led to a showdown: In 1987, the parties established the Commission on Presidential Debates, a bipartisan nonprofit organization, to organize

TV has been a disaster for politics. The debates are an exception.

the debates, and the following year, the League of Women Voters withdrew its sponsorship. (I serve on the commission.) Once derided as a creature of the parties, the commission has gradually become independent of them. In 2004, President George W. Bush and Senator John Kerry tried to force us to accept a 32page memorandum of understanding setting out debate details; we refused, and they backed down. In 2008, Senator John McCain asked for a postponement of the first debate, citing the turmoil in the financial markets. We said we would hold it as scheduled, and he agreed to participate as planned. This year, each of the 90-minute presi-

Newton N. Minow, the chairman of the Federal Communications Commission from 1961 to 1963, is the author, with Craig L. LaMay, of Inside the Presidential Debates: Their Improbable Past and Promising Future.

dential debates will be moderated by a single individual (tonight, Jim Lehrer), not a panel. The first and third debates will be divided into six 15-minute segments. Each segment will open with a question, followed by two minutes for each candidate, with the balance of time for informal discussion. (The second presidential debate will be a town-hallstyle discussion.) We hope the new format will provide for focused, extended discussion and be entirely different from the disappointing primary and caucus debates, where we saw moderators preening for the camera, demanding yes-or-no answers, asking candidates to raise their hands to respond to questions, and forcing candidates to shout to be heard. We even observed media handlers urging the audience to boo, applaud and jeer. Sadly, the marriage of television and politics in our country has been mostly a history of disappointment. In 1952, television stations which are licensed by the F.C.C. to serve the public interest began selling commercials to political campaigns. Other democracies have rejected this idea, and instead provide public service time to candidates during campaign periods. Over the next 60 years, more and more political commercials flooded the airwaves, forcing candidates to raise more and more money. Many of the slurs and slogans in these commercials which are often truth-free are now paid for by super PACs and secretive 501(c)(4) groups. I believe it is unconscionable that candidates for public office have to buy access to the airwaves which the public itself owns to talk to the public. The debates are one of the few features of our political campaigns that are still admired throughout the world. Candidate debates are still new in most democratic countries, even in Western Europe. Britain, often held up as a model for how to hold a proper election, only in 2010 began to have televised live debates among the party leaders vying to be prime minister. Let me suggest that after you watch the debate tonight, you turn off your television set and do your best to avoid the spin that will follow. Talk about what you saw and heard with your family, your friends, your neighbors, your coworkers. You are smarter than the spinners. Its your decision that matters on Nov. 6, not theirs.

Complicity In Duplicity?
A woman named Rice in a top administration job, ambitious to move up to secretary of state, hitting the Sunday talk shows to aggressively promote a Middle East narrative thats good for the president but destined to crumble under scrutiny. Accusations that intelligence on Al Qaeda links in the Middle East was cherry-picked by American officials to create a convenient reality. A national security apparatus that becomes enmeshed with the political image-making machine. Sound familiar? Last time it was Condoleezza Rice helping her war-obsessed bosses spin their deceptive web, as they recklessly tried to re-engineer the Middle East. This time it was Susan Rice offering a noncredible yarn as the Obama team desperately tries to figure out the Middle East. W.s administration played up Al Qaeda ties, exploiting 9/11 to invade Iraq, which the neocons had wanted to do all along. The Obama administration sidestepped Al Qaeda ties in the case of the Libyan attack to perpetuate the narrative that the president had decimated Al Qaeda when Osama bin Laden was killed, and to preclude allegations that they were asleep at the switch on the anniversary of 9/11. Better to blame it all on a spontaneous protest to an anti-Islam video on YouTube. Its remarkable that President Obama, who came to power abhorring the manipulative and duplicitous tactics of the Bush crowd, should now be vulnerable to similar charges. You know youre in trouble when Donald Rumsfeld is the voice of reason. The idea of sending a United Nations ambassador for the United States out to market and peddle and spin a story that has, within a matter of hours, demonstrated to be not accurate, I think is inexcusable, the former defense secretary told Fox News on Tuesday. I cant imagine. His imagination fails him even though he, his pal Dick Cheney and his ward W. sent then-Secretary of State Colin Powell to the U.N. to market a story that fell apart one invasion later. Rumsfeld said that if the Obama administrations critics are right, that perhaps officials were bureaucratic and unwilling to respond promptly to a threat report. Like when W. was unwilling to respond promptly to that threat report screaming Bin Laden Determined to Strike in U.S.? There was something off-kilter about the tragic saga of Christopher Stevens from the beginning. Even for a highly regarded ambassador with a dash of Lawrence of Arabias empathy and mistaken sense of invulnerability, Stevens was obviously too lightly guarded in a region roiling with threats and hatred; he was in a susceptible complex without enough armed security and basic emergency equipment. Even afterward, the place was so unprotected that a CNN staffer could walk in and pick up Stevenss private diary, which reflected the ambassadors fear about never-ending attacks and being on an Al Qaeda hit list. There were, after all, Al Qaeda sympathizers among the rebels who overthrew Muammar el-Qaddafi with American help. House Republicans will hold a hearing next week and have asked Secretary of State Hillary Clinton to explain why the consulate was not better defended given, as Representative Darrell Issa noted in a letter, the long line of attacks on Western diplomats and officials in Libya in the months leading up to September 11, 2012. Susan Rices tumble is part of a disturbing pattern of rushing to pump up the president on national security, which seems particularly stupid because its so unnecessary. Last year, the White House had to backtrack from the overwrought initial contentions of John Brennan, a deputy national security adviser, who said Bin

CARDON WEBB

Spanish Prisoners
By Ricard Gonzlez and Jaume Clotet

N Sept. 11, hundreds of thousands of people took to the streets of Barcelona calling for Catalonias independence from Spain. Artur Mas, the Catalan prime minister, reacted by dissolving the regional Parliament and calling for elections on Nov. 25, which will likely strengthen his partys position. Catalonias Parliament, which represents an autonomous region the size of Belgium in Spains northeast corner, has overwhelmingly supported holding a referendum on independence despite the Spanish Constitutions ban on secession. So in addition to its economic woes, Spain now faces a deep constitutional crisis. History can follow a capricious path, sometimes meandering slowly for decades only to accelerate abruptly and take

Catalonia has a right to self-determination.

a vertiginous turn. The immediate cause of Catalonias sudden outbreak of secessionist fever is so-called fiscal looting. The region accounts for about one-fourth of Spains exports. But for every euro Catalans pay in taxes, only 57 cents is spent in the region. Before taxes, Catalonia is the fourth richest of Spains 17 autonomous regions. After taxes, it drops to ninth a form of forced redistribution unparalleled in contemporary Europe. For a society suffering the acute pain of budget cuts and a deep recession, the burden of fiscal transfers, which cripple the Catalan economys ability to compete globally, is unacceptable. Unable to draw Ricard Gonzlez is the former Washington correspondent for El Mundo and the Catalan magazine El Temps. Jaume Clotet is a novelist and former political editor of the Catalan newspaper Avui.

on its own tax base, the Catalan government recently went through the humiliation of being forced to ask Madrid for a bailout. Americans know well that an unfair taxation system can easily ignite calls for independence. But money isnt the only cause of secessionist sentiment. We Catalans have long been attached to our distinct identity and never accepted the loss of national sovereignty after being defeated by the Spanish monarchy in 1714. For three centuries, Catalonia has striven to regain its independence. Most attempts to establish a state were put down by force. The Catalan question was a major catalyst of the Spanish Civil War in the 1930s, and Gen. Francisco Francos dictatorship harshly repressed Catalan culture. At the core of Catalonias unique identity is the Catalan language, which is distinct from Spanish. Since the re-establishment of Spains democracy in 1977 and Catalonias autonomy in 1979, Catalan has been revived in the regions schools. However, a recent ruling by Spains Constitutional Court threatens this policy. To most Catalans, our language is a red line. If the current system of autonomy cant guarantee protection of it, independence is the only solution. The independence movement is not driven by hatred of Spain. Catalan nationalism is civic and cultural, unlike the ethnic nationalism that has so often plagued Europe. Indeed, most of the two million Spaniards who migrated to Catalonia in the 1960s and 70s are today fully integrated and many of them have embraced secessionist ideals. The growth of the secessionist movement is also a reaction to a renewed wave of Spanish nationalism. When Catalonia passed a more far-reaching autonomy law in 2006, some political parties and media outlets unleashed a fierce antiCatalan campaign that included a boycott of Catalan products. This campaign caused an emotional rift, and many Catalans concluded that only independence would protect them. Once mutual trust was lost, other possible solutions, like a federal state, lost their appeal. The fact that the Spanish government is now seeking to curb the powers of autonomous regions by blaming them for the

economic crisis doesnt help. Opponents of secession often argue that Catalan independence doesnt make sense in a globalized world where state sovereignty is progressively being eroded. However, the opposite is true: it has never made more sense at least for small European nations. Europes common market and its increasing move toward greater political union enhances the viability of small countries. Small states are more competitive and tend to react faster to global economic challenges. Catalonia has a population of just over 7.5 million. Twelve current European Union members, including Ireland and Denmark, have smaller populations. Although secession sounds drastic, it doesnt need to be. The European Unions internal borders are already blurred and its citizens cross them in order to travel, work and emigrate without visas. Spaniards and Catalans would continue to be members of a community of nations, and the most important economic and cultural links would be preserved. Unfortunately, the Catalan demands for self-determination have so far been met with threats and contempt by the Spanish government. This attitude differs starkly from that of the British prime minister, David Cameron, who has been negotiating with Alex Salmond, Scotlands first minister, over a scheduled 2014 referendum on Scottish secession from the United Kingdom. Spains Constitution may not permit regions to secede, but the principles of democracy and justice necessitate finding a political solution to Catalonias demands. In a world where deep-seated national grievances often lead to violence, Catalans offer the example that peaceful change is possible. Denying Catalans the right to self-determination would be an affront to the democratic ideals that Spain, and Europe, claim to embrace.
ONLINE: OP-DOCS

Whos cherry-picking and prevaricating on national security now?

Laden died after resisting in a firefight and that he was hiding behind women who were put in front of him as a shield. Now that one of the members of the Navy SEAL team, Matt Bissonette, has written a book, there are contradictory accounts, one by a Democratic White House dying to sound tough, and one by an eyewitness. Bissonette wrote that the lead commando shot an unarmed Bin Laden in the head when he peered out of his bedroom door and they shot his convulsing body again inside the bedroom. In the administrations version, the shot in the stairwell missed. Just so, in an overzealous effort to burnish a president who did not need burnishing especially against foreign policy bumbler Mitt Romney and foreign policy novice Paul Ryan they have gotten tangled in contradictory accounts about Benghazi. The administration had benefited from the impression that it had diminished Al Qaeda, even though the public no doubt appreciates that it was never going to be so simple. But, as Romney learned when he prematurely rushed to the microphone to take advantage of the crisis and mangled his facts, there is a cost to letting the political spin cycle dictate how you discuss national security. The U.S. military is preparing to retaliate for the Libyan attack. But, even if Stevens is avenged, will the president get the credit he deserves if his acolytes have left the impression that theyre willing to rewrite the story for political advantage?

In the third of four videos adapted from the documentary Electoral Dysfunction, the humorist Mo Rocca tells children about the Electoral College.
nytimes.com/opinion

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

S.& P. 500 1,445.75 Dow industrials 13,482.36 Nasdaq composite 3,120.04 10-yr. Treasury yield 1.62% The euro $1.2918

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1.26 32.75 6.51 Unch. 0.0030

Square Feet

Midtown Puzzle
Demand is up for residential penthouses, but down for office space up there. 9

A court in Malaysia recognizes the right to publish a newspaper. 3 Europes banks urged to separate trading from savings and lending.
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SportsWednesday
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A Cheer for Tulane

An injured player inspires a team and a city. 11

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WEDNESDAY, OCTOBER 3, 2012

Health Care As Income For the Poor

As a nation, we devote almost one-sixth of our spending to health care, twice the share of 30 years ago. Medical bills for the elderly are climbing, threatening to blow up the budget in a few decades. Politicians from both parties are consumed by how to pay for it all. ECONOMIC Yet we cannot quite SCENE agree on how valuable government health care benefits are to Americans. In July, the Congressional Budget Office the nonpartisan arbiter of the costs and consequences of government spending decided that we had not been valuing these benefits enough. In a report on how income and taxes are distributed across the population, it decided, for the first time, to value health benefits provided by the government at every penny they cost. The decision stoked a long-simmering debate about how much health care is really worth to poor families who may not have enough to eat. The reclassification of health benefits added $4,600 a year to households in the bottom fifth of income. It shrank the nations yawning income gap and muted the increase of inequality over the last three decades. And it changed the picture

Ads Attack Wall Street Ties, No Matter How Flimsy

By PETER LATTMAN

EDUARDO PORTER

Wall Street has taken a beating this election season. Yet what is considered to be Wall Street may be surprising. Take Keith J. Rothfus, a Republican candidate for Congress in Pennsylvania. A lawyer at a small firm, he specializes in drafting software-licensing agreements. While unglamorous, it helps pay the bills. Among the clients he has represented is Bank of New York Mellon, which has a large presence in western Pennsylvania. Two commercials backed by Democratic groups are attacking Mr. Rothfuss relationship with his banking client. Millionaire Wall Street lawyer Keith Rothfus will fit right in in Washington, said the narrator of one of the ads. The spot shows a plunging stock market and a grimlooking Mr. Rothfus entering what looks to be a bank. Over ominous music, the narrator goes on: As a wealthy attorney, Keith Rothfus represented a Wall Street bank that received a bailout from taxpayers. In an interview, Mr. Rothfus called the ad deceitful, shameful and outrageous. He said that while BNY Mellon took bailout funds, his work for the company most of which predates Bank of New Yorks 2006 takeover of Mellon Financial of Pittsburgh had no connection to the financial crisis. Im a Stanwix Street lawyer, not a Wall Street lawyer, Mr. Rothfus said, referring to his firms downtown Pittsburgh address. I visited Wall Street once, in 1980, as a tourist at the New York Stock Exchange. If

Auto Sales Are Highest In 4 Years

By BILL VLASIC

JEFF SWENSEN FOR THE NEW YORK TIMES

Keith Rothfus, a Republican, said his opponents commercial was deceitful.

Im a Wall Street lawyer, then the 7,500 people that work for Mellon bank in western Pennsylvania are fast-money traders who charter private jets to the Hamptons on weekends. As campaigns enter their final month, a number of candidates are flooding the airwaves with advertisements demonizing Wall Street. From the presidential race to local Congressional contests, from Montana to New Mexico, candidates both Democrats and Republicans are relentlessly attacking their opponents by linking them to bankers and bailouts, no matter how tenuous the connection. Candidates are bashing each other over the heads for being in Wall Streets back Continued on Page 5

A new calculation of poverty renews a debate on spending.

of what the government does for Americans. The reasoning behind the budget offices action seems to make lots of sense: the government spends almost $8,000 on the average Medicaid beneficiary and more than $12,000 for each person on Medicare. Why shouldnt that count as income? Without it, the recipients could not afford an essential, lifesaving service. Moreover, the budget office considers Social Security benefits as income. And thats the way it treats the health insurance provided by employers to their workers. But not everyone thinks health care is worth that much. In particular, the Census Bureau does not include health care and other noncash benefits when computing the official poverty rate. Even its Supplemental Poverty Measure which was created to capture noncash sources of income, Continued on Page 4

DETROIT Unemployment is still high and the so-called fiscal cliff is looming, but those worries didnt slow down the nations car and truck buyers in September. Autos flew off the lot at the highest sales rate in four years, adjusted for seasonal variations, according to the research firm Autodata. Over all, a total of 1.19 million cars, trucks and S.U.V.s were sold in the United States during the month a 13 percent increase from a year ago. Japanese and German manufacturers led the sales boom, offsetting weaker results at General Motors and Ford. The monthly sales rate equaled about 14.9 million vehicles on an annualized basis, and it was the highest seasonally adjusted rate since February 2008, according to Autodata. Analysts said the robust pace was fed by consumers replacing older vehicles, the wide variety of new fuel-efficient models on the market and the greater availability of credit at low interest rates. The industry is continuing its comeback the old-fashioned way: with new products, better inventory management and historically cheap loans, said Jesse Toprak, an analyst with the auto research Web site TrueCar.com. Overall industry sales are up 14.5 percent through the first nine months of the year, compared with the same period in 2011. Many of the gains in Septem Continued on Page 2

T-Mobile Looks to Buy MetroPCS

By MICHAEL J. de la MERCED

MICHAEL FALCO FOR THE NEW YORK TIMES

Its extra cash for something that I like doing, said Julie Medeiros, who is paid when viewers of her collections on Pinterest and Beso click a link to a retailer. Its sort of rewarding to be able to make a few cents from sharing your personal life.

The Shopper as Seller

By STEPHANIE CLIFFORD

MIKE SEGAR/REUTERS

FACEBOOKS SALES MESSAGE

The chief operating officer, Sheryl Sandberg, delivered a confident Advertising Week message to Madison Avenue. Page 3.

Julie Medeiros thinks her taste in fashion is worth something. Turns out it is: about $50 a month. Ms. Medeiros is not a style pro; her day job is at a talent agency in Manhattan. But in a little-known practice, social media shopping sites are offering payments to shoppers who post product links that drive Web traffic and sales to retailers. In the case of Ms. Medeiros, it is the sneakers and lipstick she added to Pinterest and the night life collection she posted on the shopping site Beso. Favorable mentions on blogs have been for sale for years. Product reviews can also be bought. Now social media sites are taking citizen marketing to a new extreme, turning anyones Twitter message, Facebook post, Pinterest im-

Social Media Sites Offer Payment For Product Links

age or e-mail into a possible paid promotion. The shopping sites are open about the moneymaking mechanics and argue that readers no longer expect everything online to be commercial-free. But the Federal Trade Commission says the practice blurs the line between a recommendation and a paid endorsement and needs to be flagged to readers. Its turning word of mouth into a revenue opportunity, said Mary Engle, who directs the commissions division of advertising practices. Since theyre get-

ting compensated, in a sense, for their endorsement, then they should disclose that. Social media shopping sites let users select items from across the Web and share and comment on other users selections. They dont sell anything themselves but make money by taking a cut from retailers on their sites. Beso formally introduced a program on Tuesday that Ms. Medeiros has been trying, which pays users to send clicks to hundreds of major retailers, like Target and Gap. If they drop a link onto Twitter about a pair of shoes that theyre dying for, or a new handbag theyre coveting, and they refer users to Neimans or whoever sells that item, said David Weinrot, the chief marketing officer for Shopzilla, the parContinued on Page 7

The parent company of T-Mobile USA, the struggling cellphone service provider, is in talks to buy MetroPCS as it fights to compete against two bigger rivals. A deal would be the latest chapter in an industry that has rapidly consolidated to a handful of major players. It would come after last years aborted attempt by AT&T to buy T-Mobile for $39 billion, an ambitious move thwarted by government antitrust regulators. Both T-Mobiles parent, Deutsche Telekom, and MetroPCS confirmed on Tuesday that they were in talks. A deal could be announced as soon as Wednesday, according to people briefed on the matter, who cautioned that final moves could derail an agreement. Any possible transaction would most likely involve a stock swap, leaving Deutsche Telekom with a significant stake in a newly public T-Mobile. Shares in MetroPCS climbed nearly 18 percent on Tuesday, to $13.57. That valued the company at $4.93 billion. In recent years, AT&T and Verizon Wireless have seized increasingly bigger portions of the American cellphone market; together, they claim to have more subscribers than their next six competitors combined. Though a merger would not put the subContinued on Page 5

B2

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

How the Industry Fared

Cars
SEPT. 2011 SEPT. 2012 CHANGE

Most Popular Cars and Trucks

Total Figures for the United States
FORD

ON THE WEB
TECHNOLOGY
MODEM FEE Time Warner Cable,

Light Trucks

487,239 600,956 +23.3%

566,483 1,053,722 587,909 1,188,865 +3.8% +12.8% 14.94

BIGGEST GAINER +103.0%

Sept. 2012 Sales

Change from Sept. 2011 Sales

F-Series

55,077 36,425 34,252 29,182 25,973 25,787 24,448 23,148 23,026 22,268 21,546 19,736 18,932 18,305 17,332 15,835

1.2 %

Thats the premise behind a JESSICA BRUDER start-up. nytimes.com/boss

RECORD CHECK Has President

CHEVROLET Silverado TOYOTA HONDA DODGE

16.6 + 37.8 + 56.6 + 5.9

ANNUAL SELLING RATE (MILLIONS)

Camry Accord Ram

How the Automakers Fared

Sept. 2012 Sales
GENERAL MOTORS FORD MOTOR TOYOTA CHRYSLER HONDA NISSAN HYUNDAI VOLKSWAGEN KIA SUBARU

Change

Market Share

Toyota Prius

following the lead of other cable companies, is planning to start charging customers a monthly fee of $3.95 for renting a cable BRIAN X. CHEN modem. nytimes.com/bits
BLUE FUTURE Virginia M. Romet-

Obama actually cut taxes for small businesses 18 (or more) times? A list to judge from.

ROBB MANDELBAUM

CHEVROLET Cruze NISSAN BIGGEST LOSER 16.6% FORD TOYOYA HONDA HONDA FORD TOYOTA HYUNDAI HYUNDAI

+ 42.5 + 0.4

nytimes.com/boss

Altima Escape Corolla/Matrix CR-V Civic Focus Prius Elantra Sonata

210,245 174,454 171,910 142,041 117,211 91,907 60,025 48,927 48,105 27,683

+ 1.5 % 0.2 +41.5 +11.5 +30.9 1.1 +15.3 +32.4 +35.1 +32.2

17.7 % 14.7 14.5 11.9 9.9 7.7 5.0 4.1 4.0 2.3

+ 14.5 + 42.6 + 13.6 + 57.0 + 91.4 +103.0 + 27.2 + 4.7 2.2

Chevrolet Silverado

ty, I.B.M.s chief, says the companys new mission, teaching machines to learn, is the third wave of computing and will transform jobs in every industry.

ECONOMICS
BEYOND THE CLIFF Letting the

CLAIRE CAIN MILLER

nytimes.com/bits
CLIMATE CONTROL Nest, a com-

CHEVROLET Equinox

Source: MotorIntelligence.com

pany founded by the former Apple designer Tony Fadell, has a new version of its self-learning thermostat coming out this BRIAN X. CHEN month. nytimes.com/bits

fiscal cliff spending cuts and tax increases take place, then addressing them, may be politically easier and more practical than trying to change them before Jan. 1, an economist writes.
BRUCE BARTLETT

nytimes.com/economix

AUTOMOBILES
HONDA RECALL As part of the

THE NEW YORK TIMES

Auto Sales in U.S. Reach the Highest Rate in 4 Years

From First Business Page ber came at Toyota and Honda, the two big Japanese manufacturers that suffered major product shortages after last years earthquake and tsunami in Japan. We all underestimated the strength of the Toyota and Honda brands and their customer loyalty, Mr. Toprak said. They have not only gained back their market share, but increased it. Toyota said that it sold 171,000 vehicles during the month, a 41.5 percent increase from a year ago. The company reported that sales of its Prius gas-electric hybrid cars more than doubled from last year. Honda reported that its sales grew 30.9 percent, to 117,000 vehicles. The company benefited from high demand for its two best-selling passenger cars, the Civic and the Accord. Honda began selling a new version of the Accord in the middle of the month. The performance of Toyota and Honda contrasted with essentially flat sales at both G.M. and Ford, partly because of tepid sales of pickup trucks. G.M. said Tuesday that its overall sales grew by 1.5 percent during September, which the company said were its best results for the month since 2008. G.M. said it sold 210,245 vehicles; passenger cars led the way with a 29 percent gain. But sales of the companys pickup trucks, which are big profit producers, dropped by 20 percent during September. G.M. attributed the decrease partly to a reduction in sales to rental fleets. A G.M. executive said the automaker was trying to keep truck inventories low as it continued to focus on introducing new cars like the Chevrolet Spark. Passenger cars have been the launch point for a broad and deep G.M. product offensive, said Kurt McNeil, vice president for an uptick in housing starts would eventually fuel an increase in pickup sales. The most popular theme in auto land appears to be to buy companies with pickup exposure, Brian Johnson of Barclays wrote in a research report on Tuesday. While G.M. and Ford struggled somewhat, Chrysler continued its steady comeback from very weak sales after its government bailout and bankruptcy in 2009. Chrysler said its September sales increased 11.5 percent from the year-ago period, its 30th consecutive month of year-over-year sales gains. The company said it sold 142,000 vehicles, and each of its brands had gains, led by an 18 percent increase at Dodge. The company benefited from the introduction of its Dodge Dart compact sedan, the first highmileage small car Chrysler has produced since it was acquired by the Italian automaker Fiat. It also outperformed its Detroit rivals in pickups with a 4 percent increase in sales of Ram pickups. Chryslers top American sales executive, Reid Bigland, said the industrys recovery appeared to be gaining steam in the latter part of the year. Going forward with our current product lineup, record low interest rates and a stable U.S. economy, we remain optimistic about the health of the U.S. newvehicle sales industry and our position in it, Mr. Bigland said. Other carmakers reported mixed results during the month. Nissan said it sold 91,000 vehicles, a 1.1 percent decline from a year ago. Like G.M. and Ford, it was hurt by the resurgence at Toyota and Honda. One of the hottest manufacturers during the month continued to be Volkswagen. The German carmaker, which is already expanding its new assembly plant in Tennessee, said it sold 48,000 Volkswagen and Audi brand vehicles in September, a 32.4 percent increase from a year ago.

MEDIA
NBC RENEWALS NBC, which has

not had much success in prime time recently, quickly renewed three series finding early success: Revolution, a drama, and two comedies, Go On and The New Normal. BILL CARTER nytimes.com/mediadecoder

fourth recall relating to the problem, Honda will recall 573,000 Accords from the 2003-7 model years with V-6 engines because of a potential fire hazard.
CHRISTOPHER JENSEN

nytimes.com/wheels

PERSONAL FINANCE
CREDIT MOVE A fix is on the way

SMALL BUSINESS
DATA EXCHANGE Personal data is

often collected and sold behind the users back. But what if users could cash in on their own data?

for a restriction that forced credit card companies to consider individual income and not household income, a handicap for at-home ANN CARRNS spouses. nytimes.com/bucks

The Dow Minute by Minute

Position of the Dow Jones industrial average at 1-minute intervals yesterday.
Previous close 13,515.11 13,600

JOE RAEDLE/GETTY IMAGES

A salesman, above, shows a Jeep Compass to a customer in Hollywood, Fla. Sergio Marchionne, below right, head of Chrysler, which is owned by Fiat, spoke with the Fiat chairman, John Elkann, at the Paris Motor Show last month.

13,550

13,500

13,450

13,400

10 a.m.
Source: Bloomberg

Noon

2 p.m.

4 p.m.
THE NEW YORK TIMES

STOCKS & BONDS

ANTOINE ANTONIOL/GETTY IMAGES

United States sales. Ford said its total sales for September were down 0.2 percent from a year ago. Truck sales dropped 7.6 percent, wiping out gains made by new cars and S.U.V.s like the Ford Fusion and the Escape. Ford said it sold 174,000 vehicles during the month, reporting its best results in small cars, sales of which increased by 73 percent.

Fuel economy remains one of the most important features customers want today, said Ken Czubay, Fords head of United States marketing, sales and service. Sales of the companys top seller, the F-series pickup, grew by just 1.2 percent during September, and sales of its Lincoln luxury brand fell 3.1 percent. One industry analyst said stock investors were betting that

Despite a Volatile Day, Little Change by the End

By Reuters

Chief Steps Down at a Company Serving Electric Cars

By BRADLEY BERMAN and ZACH McDONALD

Better Place, an electric vehicle infrastructure company, said on Tuesday that it had replaced Shai Agassi, its charismatic chief executive and founder, with Evan Thornley, the companys top executive in Australia. Mr. Agassi founded the company five years ago with the ambitious goal of replacing the worlds gas pumps with batteryswapping stations for electric cars. But despite vast publicity, the idea has gained little traction so far. The announcement of Mr. Agassis departure fed speculation that the companys widening losses were the cause. According to the Israeli newspaper Haaretz, the company has posted $477 million in cumulative losses since the beginning of 2010. The paper reported that Better Place has $181 million in cash reserves, which at the current rate of spending would last four and a half quarters. Joe Paluska, a spokesman for Better Place, declined to comment on the reason for Mr. Agassis departure. Mr. Agassi will stay on as a board member and remains a major shareholder in the enterprise. Mr. Agassi amassed more than $800 million in private capital since the companys founding. He used lofty rhetoric about the need to rid the world of its addiction to oil to persuade investors and powerful leaders to back his plan. But the business feasibility of the battery-swapping network has always been uncertain. Battery swapping is applicable to certain markets where you have higher fuel cost and smaller geographic profiles, like Israel

JACK GUEZ/AGENCE FRANCE-PRESSE GETTY IMAGES

Shai Agassi will remain on the board of Better Place, which he founded five years ago in Israel.

A change at the top brings theories of widening losses at a battery provider.

and Denmark, said John Gartner, research director at Pike Research, a clean-technology research firm. But its not a model thats going to work in a lot of places or give the company the ability to scale the technology in the same way that the companys been investing money and receiving capital to this point. In a September 2011 interview, Mr. Agassi said that the global

electric car market, and Better Places network, would take time to grow. The first flight after the Wright brothers took off in the air, for about 10 feet, wasnt to the moon, he said. What you do is slowly move up, gradually. Mr. Paluska said the company was operating 24 battery swapping stations in Israel, and 12 in Denmark. He said these locations give more than 750 customers the ability to drive across those tiny countries. The process of swapping a depleted battery with a fully charged one takes about five minutes. Better Place subscribers buy their cars, but not the expensive battery packs that provide power to the vehicles. For a fixed fee of

about $350 a month, customers lease access to the batteries, swap stations and charge points. To reach scale, Better Place needs car companies to build battery-swapping capability into their vehicles. To date, only the French automaker Renault has signed on, adapting its Fluence Z.E. sedan to enable battery switching. Mr. Thornley, the new chief executive of Better Place, is a former Australian legislator who founded the Internet advertising company LookSmart in 1995. In 2008, he left government and soon after joined Better Place, where for the last three years has overseen the companys efforts in Australia.

Wall Street markets ended little changed in a volatile session on Tuesday amid uncertainty over when Spain might apply for a bailout. Concerns about the coming quarterly corporate reporting period, which starts in earnest next week, added to the cautious tone. The Dow Jones industrial average was pressured by stocks closely tied to the rate of economic growth, a factor that weighed on Caterpillar and Boeing as demand from Europe, which has been drifting toward recession, has declined. The Spanish prime minister, Mariano Rajoy, said a request for European aid was not imminent. Germany has signaled that Madrid should hold off on making its request, according to European officials. A request for a bailout is viewed as positive for Spain and the euro because it could lower the countrys borrowing costs. It also would remove another layer of uncertainty in the regions three-year-old debt crisis. But uncertainty over the timing of the request kept investors on edge, with many selling the euro at higher levels. Another risk factor is a soon-to-be announced review of Spains credit rating, by the rating agency Moodys, which cut the countrys debt to junk status. The market is making this news even bigger than it really is just to make it an excuse to sell, said Frank Gretz, a market analyst at Wellington Shields & Company in New York. The Standard & Poors 500stock index rose nearly 6 percent in the third quarter, lifted by accommodative moves by the Federal Reserve and European Central Bank, which market participants said would help restore flagging economic growth. If Madrid were to seek a rescue, the European Central Bank would begin buying its bonds, a development that would help to ease nervousness among investors in the United States about the effect of the euro zones debt crisis on the American economy. Until we get some kind of clarity, we should expect a lot of volatility and difficulty holding on to gains, said Brian Barish, president of Cambiar Investors in Denver. The Dow Jones industrial aver-

age ended Tuesday down 32.75 points, or 0.24 percent, at 13,482.36. The S.& P. was up 1.26 points, or 0.09 percent, at 1,445.75. The Nasdaq composite index was up 6.51 points, or 0.21 percent, at 3,120.04. Weaker-than-expected results from Mosaic, a maker of fertilizer, added to worries about the third-quarter earnings period. Mosaic shares fell 3.9 percent to $55.76. Oil and grain futures slumped for a second day on Tuesday after a weak economic outlook pressured energy prices, while a record-fast harvest and betterthan-expected crop yields weighed on agricultural markets. The dollars retreat from last weeks three-week high limited to an extent the downside for commodities. Since raw materials are mostly traded in dollars, a weakening of the currency usually

Ahead of corporate earnings, caution from investors with an eye on Europe.

leads to upward adjustments in price. Metals markets bucked the trend in oil and grains. The spot price of gold edged higher, ending near Mondays 11month peak. Futures of the precious metal, traded in New York, fell in light trade. Copper crept higher for a fourth day of gains as the dollar fell and funds bought in, although the markets upside was capped by Europes debt crisis. Car companies reported September sales, with General Motors and the Chrysler Group posting gains while Ford Motor remained flat. Interest rates were steady. The Treasurys benchmark 10-year note was unchanged at 1002/32, and the yield was unchanged at 1.62 percent. Following are the results of Tuesdays Treasury auction of four-week bills :
(000 omitted in dollar figures) Price................................................................ 99.992 High Rate ...................................................... 0.100 Coupon Yield ................................................ 0.101 Low Rate ....................................................... 0.075 Median Rate................................................. 0.085 Total applied for..........................................$154,251,536 Accepted........................................................ $40,001,041 Noncompetitive........................................... $239,577 The four-week bills mature on Nov. 1, 2012.

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

B3

Facebook Delivers a Confident Sales Pitch to Advertisers

By SOMINI SENGUPTA

Facebook on Tuesday made a pointed pitch to Madison Avenue: We know how to get your messages to real people, nearly one billion of them, because we know exactly who they are and whom they trust. Speaking to marketers in New York at a time when the company faces acute pressure to increase revenue, Sheryl Sandberg, the

Enticing marketers with data amid privacy concerns.

companys chief operating officer, sought to assure the industry that Facebook was single-mindedly focused on proving the promise of advertising on its platform. Rather than just talk at large groups of anonymous people, businesses can relate to a consumer and establish an ongoing relationship, she said at the Advertising Week conference. And importantly, that consumer has an average of 130 friends there, so when they are talking to that consumer, that person brings their friends along. Ms. Sandberg played down the companys falling stock price, saying the ethos of the West

Coast meant that the company had already moved on. While certainly people were disappointed, you know, Silicon Valley companies, we cycle quickly, she said. We iterate so quickly, and so were pretty good at moving forward. We launch products. Some of them work. We launch the next product. Ms. Sandberg, pressed by her interlocutor, the television journalist Charlie Rose, said that pressure from investors had neither damped confidence among employees nor stymied their ability to churn out new products. We are really happy with the progress we are making, she said. The enthusiasm has not spread to Wall Street. The company has lost nearly half its value since its initial public offering in May, and its executives have been criticized for setting high expectations and failing to meet them. The stock closed Tuesday at $22 a share, from an offering price of $38, and remained unchanged in after-hours trading following the public appearance of Facebook officials. The company is to report third-quarter earnings later this month. The market research firm, eMarketer, recently scaled back its bullish revenue projections; it now estimates that Facebook will earn $5 billion in revenue this year and grow to $6.6 billion in 2013. Facebooks bread and butter is advertising, and it needs to prove

MIKE SEGAR/REUTERS

Sheryl Sandberg, Facebooks chief operating officer.

to Madison Avenue that money spent on Facebook will yield measurable results. Facebook, Ms. Sandberg said at the conference, can transform how marketers reach their audience because Facebook knows exactly who is in that audience. These days, Facebook is pushing stronger than ever at targeted advertising. It is using not only the data it has from its roughly 955 million users worldwide, it is matching that with the trail of data consumers leave as they shop online and offline and using it to analyze what kinds of advertisements work best on Facebook. It is a gamble. Facebook also

must persuade users to trust the social network with their personal information. Facebooks new forays reveal the rich trail of data that consumers can leave, often unwittingly, every time they buy groceries with a loyalty card or when they longingly eye a pair of shoes online. All of that data can trickle back to Facebook: With nearly a billion users, the company can find those consumers when they log on to Facebook and direct tailored ads to them. In an experiment that stirred some controversy, Facebook linked arms with Datalogix, a data-mining company, to glean what individual shoppers buy at offline stores. Datalogix says it gets this information from loyalty card data and other sources. Facebook can find those shoppers on its own platform if they have a Facebook account. It can then serve them advertisements based on their purchase history. Facebook calls the results promising: Shoppers who are shown advertisements on their Facebook page are spending more at the cash register. Facebook says it is not sharing its user data with third parties. It also says it makes personal information anonymous by hashing the data, though security researchers have questioned the effectiveness of such tactics. The partnership with Datalogix led the Washington-based advocacy group Electronic Privacy Information Center to file a com-

plaint with the Federal Trade Commission. Another new advertising offering is Facebook Exchange. With this effort, an online shopping site like HauteLook can target its customers on Facebook. It knows when customers are browsing for items on its own site, and can then ask Facebook to serve advertisements to those customers when they log onto Facebook. The process is called retargeting. It is common on the Web, though new for Facebook. At the conference on Tuesday, Marc Andreessen, a Facebook board member and early investor who was seated at Ms. Sandbergs side, offered a vision of other ways that Facebook might leverage the information it has about its users. If he is walking past a restaurant where his Facebook friend say Mr. Rose, the television journalist was having lunch alone, he could be notified on his cellphone, along with a discount offer for lunch. Mr. Andreessen described this as a win for all parties concerned: a lunch date for Mr. Rose, a discount for himself and a new customer for the restaurant. Mr. Rose asked whether using that data could make Facebook users feel uncomfortable. Ms. Sandberg said new technology always elicited new anxieties, but that Facebook would have to reassure its users. Trust is the cornerstone of our business, she said.

In Malaysia, Court Backs Right to Print A Newspaper

By LIZ GOOCH

KUALA LUMPUR, Malaysia Obtaining permission to publish a newspaper in Malaysia, where the print media are dominated by government-linked publications, is likely to become easier after a court ruled that the right to freedom of expression includes the right to publish and is a fundamental liberty, a lawyer said on Tuesday. A Malaysian court ruled on Monday that the government should not have rejected an application for a print publishing license by Malaysiakini, a popular independent news Web site, said Shanmuga Kanesalingam, a lawyer who represented Malaysiakini. Under Malaysian law, a newspaper must obtain a permit from the government before it can publish. Free-speech advocates hailed the decision as a victory. Recognition that the right to publish a newspaper is a fundamental right is very, very significant, Mr. Shanmuga said. Its the first time weve had this said by a judge. Masjaliza Hamzah, executive officer of the Center for Independent Journalism in Kuala Lumpur, described the decision as a very progressive judgment for freedom of expression, for freedom of the press in Malaysia. Its very significant, she said, because few new permits for print newspapers have been granted in recent years. The permits that have been given out are mostly for smallscale publications, but not for the kind of publication that could garner a national audience, which Malaysiakini could, Ms. Masjaliza said. The government has not yet decided whether to appeal the decision, said Noor Hisham bin Ismail, a senior federal counsel involved in the case. It has a month to file. Although the Internet has remained relatively free in Malaysia, most large newspapers are

The Web is relatively free, but government controls print media.

either owned by the government or linked to it. Mr. Shanmuga said the court had ruled that the home minister, who grants publishing permits, must reconsider Malaysiakinis application in accordance with the law. He said the ruling would make it more difficult for the government to refuse an application for a printing license, because it requires officials to show that the proposed publication would be a threat to public order or to national security, or would be immoral. Premesh Chandran, cofounder and chief executive of Malaysiakini, said he hoped the companys application for a license would now be approved, although he expected the government to appeal. He said Malaysiakini, which attracts about 400,000 online readers a day and has sections in English, Malay, Chinese and Tamil, wanted to publish an English-language newspaper to reach the many Malaysians who still receive the news through print. Ms. Masjaliza, from the Center for Independent Journalism, said it was difficult to predict whether the ruling would lead to a rush of applications for printing licenses, because printing a newspaper still requires a large amount of capital. But many Malaysians, particularly those in rural areas, still rely on print, she said, and a new newspaper could challenge the dominance of the governmentlinked media in those areas. If a newspaper launched that is targeted toward the Malay hinterland, she said, it would have a huge impact in terms of the kind of information people get, which has more diversity of opinions, which has more space being given to multiple political actors and political parties. Amendments made this year to the Printing Presses and Publications Act allow a company whose application for a publishing license has been rejected to appeal to the courts for the decision to be reviewed. Previously, Ms. Masjaliza said, these companies had no legal recourse. Publications are also no longer required to renew their licenses annually, but media freedom advocates argue that the government should go further and remove the requirement for publishing permits.

PHOTOGRAPHS BY SUZANNE D eCHILLO/THE NEW YORK TIMES

An Advertising Week exhibit at The Times Center. The conference, which runs through Friday, is filled with digital, mobile and social media marketing events.
By TANZINA VEGA and STUART ELLIOTT

ADVERTISING

HE fundamental things apply as time goes by, according to the song. So, too, with each year that goes by, Advertising Week in New York becomes more fundamentally about digital, mobile and social media, underscoring how they have become fundamental ways of selling goods and services. That can be divined from the schedule for the 2012 Advertising Week, which began on Monday and continues through Friday. Scores of the more than 150 panels, speeches and presentations are devoted to newer marketing methods, with companies like Facebook, Instagram, Pinterest, Tumblr and Twitter being discussed about as often as parodies of Call Me Maybe are uploaded to YouTube. And there are numerous daylong or multiday events focusing on digital, mobile and social, among them O.M.M.A. (Online Media, Marketing and Advertising) Global, sponsored by MediaPost Communications and composed of five conferences in areas like mobile, video and social media; SM2 2012, the Smarter Mobile Marketing conference, sponsored by the Mobile Marketing Association; the Mobile Media Summit 2012; and the Mixx Conference and Expo, sponsored by the Interactive Advertising Bureau. Facebook took the opportunity of a session at the Mixx conference to answer questions about the efficacy of buying advertising on its site questions that were widespread even before the companys disappointing initial public offering. Brad Smallwood, director of pricing and measurement at Facebook, discussed the findings of a study the company hoped would change advertisers minds about depending on measurements like clicks to determine the success of campaigns on facebook.com. The goal is to have them perceive the social network more as a medium akin to television for branded advertising If you ran a campaign in the last five years, you focused on clicks, Mr. Smallwood said, but demand fulfillment is only one piece of the market-

At Ad Week, the Vital Role Of Digital Marketing

Attendees are finding a focus on the latest online marketing methods.

ing puzzle. We have to provide a solution for the brand marketers of the world, he added. The study was conducted with a new Facebook partner, Datalogix, a company that measures in-store purchases. Fifty campaigns on Facebook were measured, for brands from giant marketers like Nestl, Procter & Gamble and Unilever. When purchase data from stores was combined with data about ad impressions on Facebook, the study found that 70 percent of the campaigns enjoyed three times greater return on their budgets, and 99 percent of the sales came from consumers who did not interact with the Facebook ads. with brands on twitter.com. Nine out of 10 people on Twitter follow at least one brand, Mr. Lunenfeld said. Although most said they did so for promotions, coupons and free products, he said that 87 percent said they followed brands for fun and entertainment and 80 percent said they did so for access to exclusive content. Among the examples presented by Mr. Lunenfeld were how brands like Panasonic and Procter & Gamble use Twitter. Perhaps most interesting was Mr. Lunenfelds connection between Twitter posts and television commercials. Twitter is the EKG of action for television, he said, adding that 50 percent of people who use Twitter do so while watching TV. Brands that are engaging in conversations are finding really prominent ones and turning those into campaigns, Mr. Lunenfeld said. For instance, the Audi division of Volks-

wagen of America noticed that an Audi brand fan had posted a message with the hashtag #IWantAnR8. Audi brought the fan an Audi R8 to drive, he said, and turned the test drive into a commercial. Rick Webb, a consultant for marketing and revenue at Tumblr, began the companys first-ever presentation at an advertising conference by sharing data. Tumblr has 75 million blogs, he said, and visitors spend 18 minutes per visit on tumblr.com. Although Tumblr does not track the behavior of users or their personal details, Mr. Webb said, brands are beginning to take notice of the platform. Tumblr recently opened up to brands a small section of its pages, known as Radar, where outstanding Tumblr content is highlighted. Since May, about 10 percent of the content in the Radar box has been sponsored, Mr. Webb said, offering as an example an animated gif, or image, of a glass Coca-Cola bottle spinning on a floor. Mr. Webb acknowledged the ubiquity on the Web site of all things feline, including cat videos and animated gifs, by describing Tumblr as a massive amount of technology brought to bear to animate cats.

A cheeky characterization of the content on another social media site, Instagram, was offered during a breakfast that featured a conversation between Vivian Schiller, senior vice president and chief digital officer at the NBC News division of NBCUniversal, and Alex Wagner, the anchor of Now With Alex Wagner on the MSNBC cable channel. Instagram is mostly a repository for brunch photos, Ms. Wagner said, laughing. She is also a fan of Twitter, she added, where she had, as of Tuesday afternoon, more than 34,700 followers. When Ms. Wagner asked Ms. Schiller what she believed would be the next big thing in social media, Ms. Schiller replied, I have no idea, and anybody who says they do is making it up. Ah, grist for additional discussions at future Advertising Weeks.

At another Mixx presentation, Joel Lunenfeld, vice president for global brand strategy at Twitter, shared data about the relationships people have

B4

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

Europes Banks Urged To Isolate Trading Side

Panel Seeks to Prevent Future Bailouts
By JAMES KANTER

BRUSSELS Banks in the European Union should separate their risky trading activities from their savings and lending operations as a way to safeguard the financial system and avoid future bailouts at taxpayers expense, a panel of financial experts recommended Tuesday. The recommendation, from a group led by the Bank of Finlands governor, in some ways recalls the Glass-Steagall Act in the United States, which for decades after the 1929 stock market crash kept stock trading and other investment banking activities separate from retail lending. The restrictions were repealed in 1999, and many critics have said that the change paved the way for the sort of risk taking that eventually required Washington to bail out the countrys biggest banks in 2008. The European proposal would stop short of requiring full separation of investment banking and commercial banking into two different companies, as GlassSteagall did. Instead, banks that engaged in risk-taking activities beyond a certain level would have to be put into a separate unit of the same company. But the proposal is an indica-

Calling for European banks to adopt a rule like Glass-Steagall.

tion of how intent many policy makers have become on responding to recent bank failures in Britain, Spain and elsewhere that left European governments with huge debts and stymied growth, and stifled recovery from the regions lingering debt debacle. The report will now be studied by the officials who commissioned it: Jos Manuel Barroso, president of the European Commission, and Michel Barnier, the European commissioner for financial services. It will be up to them to decide whether to start the long legislative process that could eventually result in the banking restrictions becoming law throughout the 27-nation European Union. The Finnish bank official, Erkki Liikanen, was chairman of the panel after being assigned the task early this year by Mr. Barroso and Mr. Barnier. His groups report cited excessive risk taking, often in trading of highly complex securities or in real estate-related lending, and excessive reliance on short-term financing, as factors in the financial crisis. The group included former bankers, economists, regulatory experts, and a representative from a consumer group. Already, though, the groups proposals have met opposition from big lenders, which want to avoid additional banking restricJack Ewing contributed reporting from Frankfurt.

tions. Europe is already pushing various other reforms in banking and finance, including requiring larger capital reserves for risktaking parts of the business, as well as expanded powers for the European Central Bank to oversee every bank in the euro union. Guido Ravoet, chief executive of the European Banking Federation, a group of national associations representing 4,500 banks, said his members were concerned over the proposal to ringfence trading activities of the bigger banks into a separate part of the banking structure. He said the proposal seemed not to fully acknowledge the major regulatory changes already put in place and those still forthcoming. Some bankers may also take affront at the singling out of activities like trading of complex securities known as derivatives, which the panel identified as risky but which they consider integral to modern finance. Simon Lewis, the chief executive of the Association for Financial Markets in Europe, which represents the investment banking and securities industries, said, We do not believe that further changes to the structure of the banking industry are necessary or will contribute to Europes economic growth. The activities that should be separated, according to the Liikanen report, would include banks trading of derivatives for their own accounts, and other closely linked activities. Many of the banks conducting these forms of risk taking would need to place those activities in units that were financed separately from regular commercial banking, the report said. The separation could be carried out using a single holding company, the report said, and it would only be mandatory if the

YVES LOGGHE/ASSOCIATED PRESS

Erkki Liikanen, left, chairman of the panel, and Michel Barnier, the European commissioner for financial services, on Tuesday.
risky activities amounted to a significant share of a banks business. The report also recommended additional limits on how bankers should be compensated, including making the overall amount of bonuses less than what banks pay in dividends. Mr. Barnier, the financial services commissioner, said Tuesday that he still must decide whether to proceed with legislative proposals based on the recommendations. The report will feed our reflections on the need for further action, he said. Should things reach that stage, the European Parliament would probably become involved. Any specific measures may need approval from each of the European Unions 27 member governments before they could take effect. But turning the Liikanen groups idea into law would be very difficult because of the power of large banking groups in Europe, said Karel Lannoo, the chief executive of the Center for European Policy Studies, a research organization. Legal separation means separate capitalization of the different entities, which may become very expensive for large banks, said Mr. Lannoo, who cited Deutsche Bank of Germany and BNP Paribas of France as examples. Today, several larger E.U. banks already have low levels of capital. Separation of trading from retail will further weaken the capital base. This is why I expect these proposals will be resisted. Europe is much more vulnerable to banking crises than the United States because of the size of the financial sector in relation to the economy, said Jan Pieter Krahnen, a professor of finance at the University of Frankfurt who was a member of the Liikanen committee. The total assets of European banks the amount of money they have at risk is equal to 350 percent of gross domestic product in the European Union. In the United States, the corresponding figure is about 80 percent. In addition, some institutions like ING in the Netherlands, HSBC in Britain or Santander in Spain have assets larger than the economies of the countries in which they are based. If they get in trouble, national governments have little choice but to bail them out at taxpayer expense. As happened in Ireland, the expense can drive government debt to perilous levels. The problem has a completely different dimension here than in the U.S., Mr. Krahnen said at a news briefing in Frankfurt. A structure like this is easier to destabilize. Mr. Liikanen acknowledged that some members of his panel wanted to recommend far less aggressive forms of regulation, such as requiring banks with investment banking units only to put extra money aside in the form of so-called capital buffers. But Mr. Liikanen, who is a member of the European Central Banks governing council, argued that structural changes that included splitting off investment banking would be the best way to protect the socially most vital parts of commercial banks.

Spanish Regions Agree To National Deficit Plan

By RAPHAEL MINDER

Some breathing room despite a Catalan separatist movement.

uct set by Mr. Rajoy for this year. Some of them have tapped an 18 billion euro emergency fund set up by the central government to meet their debt financing obligations and pay suppliers of health care and other basic services. So far, five regions have asked for a combined 15 billion euros, including a request for 5 billion euros from Catalonia. Mr. Mas and other regional leaders have called for a redistribution of the burden sharing between the central and regional governments in meeting deficit targets Madrid has agreed to with the rest of the euro zone. On Tuesday, however, Mr. Rajoy convinced the regions that such an overhaul should not be negotiated until next year, to avoid unnerving investors already concerned about Spains lack of budgetary discipline.

BARCELONA, Spain Spains 17 regional governments agreed on Tuesday to stick to budget deficit targets set by the central government, giving Prime Minister Mariano Rajoy some breathing space as he faces pressure from investors and his European partners to clean up Spains banks and public finances. After a meeting in Madrid with leaders of the regional governments, Mr. Rajoy said, Spain was giving a good message. He added that he was very grateful to everybody for backing his governments budget plans and avoiding a full-blown confrontation between the central and regional governments. The meeting came at a delicate time for Mr. Rajoy. Some regional leaders had publicly questioned austerity measures included in the 2013 budget plan the central

government presented last week. In addition, there is a growing separatist movement in Catalonia, Spains most powerful regional economy. Last month, Artur Mas, the Catalan leader, called an early regional election for Nov. 25 after failing to persuade Mr. Rajoy to negotiate fiscal concessions for Catalonia. On the heels of a giant pro-independence rally in Barcelona on Sept. 11, the vote could turn into an unofficial referendum on whether Catalans want to split from the rest of the country. Mr. Mas, however, did not raise the issue of separation at the meeting of regional leaders on Tuesday, according to other participants, and left Madrid without issuing a statement. Instead, some regional leaders from Mr. Rajoys conservative Popular Party called on the regions to close ranks in the face of

SERGIO PEREZ/REUTERS

King Juan Carlos of Spain, right, with the Catalan leader, Artur Mas, center, and the treasury minister, Cristbal Montoro.
a deepening recession and budgetary problems that could require Mr. Rajoy to request additional bailout money from the European Union. Spain has already requested up to 100 billion euros, or $129 billion, in aid for the countrys banking sector, though government officials suggested last week that Madrid would ask for only 40 billion euros. The pact reached Tuesday said, The regions are not the problem but part of the solution, which needs to be found within a climate of collaboration and institutional loyalty. Still, the regions are struggling to meet the deficit target of 1.5 percent of gross domestic prod-

Counting Health Care as Income for the Poor Renews a Debate on U.S. Spending
From First Business Page as well as all the costs faced by the poor sets the value of Medicare and Medicaid at zero. That approach is not unreasonable, either. To paraphrase Timothy Smeeding, the director of the Institute for Research on Poverty at the University of WisconsinMadison: you cant eat health care. Medicaid benefits are enough to lift many people out of poverty statistically even if they dont have enough money to afford housing, utilities and food. And the addition of those benefits could alter how we view our progress. From 2000 to 2010, government spending for each Medicare recipient rose by two-thirds after inflation. But those increases probably didnt make seniors feel wealthier, especially since their out-of-pocket expenses for medical care rose, too. For years, the Congressional Budget Office followed the general approach of the Census Bureau: health benefits were worth only the amount that a family otherwise would have spent on doctors and other medical services that is, money that could be used on something else. So Medicare, Medicaid or Childrens Health Insurance Program benefits to a family that didnt have enough money to satisfy necessities like food, shelter and utilities were valued at zero, because without the government benefits E-mail: eporter@nytimes.com; Twitter: @portereduardo the family wouldnt spend on medical care at all. The change in approach alters the calculation of who is living in poverty. Including these health benefits at face value raises by 25 percent the income of households in the poorest fifth of the population, to $23,300 in 2009 from $18,900 under the previous calculation. This is more than three times the average income of the poorest fifth of households before federal taxes and government benefits kick in, which in 2009 was $7,600. The gains from the new calculations are enough to vault a family of two parents and two children over the Census Bureaus official poverty line of $21,756 and to almost breach the supplemental measures threshold of $23,854. Because two-thirds of Medicare funds and 83 percent of Medicaid funds are spent on the poorest 40 percent of the population, the shift also narrows the nations income gap. Under the budget offices old method, the richest fifth of American households made more than nine times the incomes of the poorest fifth, after taxes and government benefits. Under the new method, the rich take home less than 7.5 times what the poor do. The new definition of income removes many seniors from the poorest group of Americans, as they are big consumers of Medicare. And it pushes more working families to the bottom of the income scale. Accounting for health care this

How Health Care Affects Income

Including the value of Medicare and Medicaid benefits changes the picture of inequality, lifting the income of the poorest Americans.

$250 thousand 225 200

Base annual income Income after taxes and government benefits All health care benefits valued at the governments full cost of providing them.
22%

175 150 125 100

8%

Percentage difference
+5% +35% +207%

75 50 25 0

Poorer
Source: Congressional Budget Office

INCOME QUINTILES

Richer
THE NEW YORK TIMES

way also changes the view of what government actually accomplishes. Social scientists have noted with some dismay that taxes and government transfer payments have become less effective over the last 30 years at narrowing the income gap in American society. But including health benefits changes the out-

come significantly because health care is becoming a much bigger part of government spending. Under the budget offices old methods, taxes and government spending in 2007 narrowed the income gap by 17 percent, as measured by the Gini index, which ranges from 0 when everybody

has the same income to 1 when one plutocrat hoards it all. Including all government health spending as income, the government reduced inequality by 21 percent. The budget offices change will not settle the debate about how to value health care. Mr. Smeeding, for instance, advised against the change. He argues that the new measure makes the poor look better off than they really are and their improvement over time better than it was. The National Academy of Sciences panel that advised the Census Bureau on its new poverty measures agreed that health benefits distorted the picture of poverty. But if you ask Jonathan Gruber, the M.I.T. economist who advised the White House on health care reform, government health benefits are being undervalued even when reported at full cost. I think it is likely that this is too low because folks have utility value from being insured, which goes above and beyond the cash cost of insurance, he wrote in an e-mail. Not counting it at all, he added, is a major shortcoming. Gary Burtless, a senior fellow at the Brookings Institution, advised the Congressional Budget Office to go ahead with the change. Our entire system of redistribution is tilted in the favor of giving the poor medical care, but were not going to count that? he asked. Thats ridiculous! Richard Burkhauser of Cornell University, another economist

who advised the budget office to change its definition, argues that it is particularly important after the passage of President Obamas health plan, which will increase the governments footprint in health care. Mr. Burkhauser suggests that the poverty threshold should be raised so that health benefits dont vault the poor over the line. More of the nations income is being devoted to health care, he says, and that needs to be count-

Medicare and Medicaid costs narrow the nations income inequality.

ed to help us decide the best way to spend our resources. We may ask why we are spending so much to give poor people Cadillac health care and nothing else, he says. The political debate about health care could change if more people in Washington adopted this view. By Mr. Burkhausers rough calculations, provisions in the Affordable Care Act championed by President Obama would add about $750 a year to the income of people in the bottom 60 percent. Under this light, Obamacare might appear a more powerful tool to improve Americans well-being than we thought.

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

B5

In Stock Market Rebound, a Windfall for Wall St. Executives

By STEVEN M. DAVIDOFF

DealBook Online
POWERFUL WEAPON The New York attorney generals new lawsuit against JPMorgan Chase over mortgage-backed securities showcases one of the legal weapons most feared on Wall Street: the Martin Act. In using the law, the attorney general, Eric T. Schneiderman, left, is drawing upon the securities fraud statute behind many of the biggest actions against financial firms in recent years.
MICHAEL J. de la MERCED

Some four years after the financial crisis, many are still feeling the ill effects. But big bank executives are not among this unfortunate group, compensation data shows. The executives who DEAL headed financial instituPROFESSOR tions in those uncertain times of early 2009, when markets and banks were being supported by the federal government, are now in line to receive windfall compensation in the hundreds of millions of dollars. What did they do to deserve such a reward? Its hard to justify and it goes a long way toward explaining the persistent anger toward Wall Street. And we have the government partly to blame for it. A large part of the reason is simply lucky timing. In the depths of the financial crisis in 2008 and 20009, when the Standard & Poors 500-stock index was touching below 700, bank executives were granted millions in options and stock incentives valued at incredibly low stock prices. The banks were encouraged to offer this compensation because of the restrictions in the Troubled Asset Relief Program, which in many circumstances prohibited the payment of bonuses other than in long-term restricted stock. As a result, companies awarded more equity than they otherwise would have at the time. Since then, the stock market has returned to near the level it was before the financial crisis, making those options and stock very valuable. To determine how large the windfall is, I asked Equilar, an executive compensation data firm, to compile the value of stock and options granted to the top five executives at each of the 18 largest American financial institutions those that underwent stress tests in those years. (Ally Bank also received a stress test but was excluded because it was not public at the time). I also asked Equilar to determine what the packages were worth now, assuming the executives had held on to the stock and options. Its a stupendous amount. The top executives at those 18 financial institutions received an aggregate of $142 million in stock and options from July 1, 2008, to June 30, 2009. It was a lot Steven M. Davidoff is a professor of law and finance at Ohio State University. His columns can be found at nytimes.com/ dealbook. Follow @StevenDavidoff on Twitter.

HARRY CAMPBELL

then, but these stock and options are now worth $457 million, an increase of $330 million, or 221 percent. On average, that is roughly $4 million per executive who received such compensation. Individually, some of the gains are even more breathtaking. Take American Express and its chief executive, Kenneth I. Chenault. In 2007, before the financial crisis, American Express was trading for years at $50 to $60. Then the crisis hit, and in six months the stock fell below $10 a share. In January 2009, American Express granted its top five executives stock options with a strike price of $16.71, which Equilar values at $7.63 million. According to American Expresss public disclosure, Mr. Chenault received the largest grant of 1,196,888 options. American Express stock is now back to about $57 a share. And that equity package is up 1,097 percent and valued at $91.36 million. Mr. Chenaults option package alone is now valued at almost $50 million. Thats a nice payday. Can anyone argue that it is owed to the executives performance rather than to a recovery in the stock market? American Express did not respond to requests for comment. The biggest dollar winners are the ex-

ecutives of Capital One. According to Equilar, the credit card companys top five executives received an incentive pay package granted in 2009 valued at $19.9 million. The package is now worth $114 million. The reason for the huge compensation package: Capital Ones options were granted at a price of $18.28 during the financial crisis. . Yet, Capital Ones stock price is trading at almost $60 a share, below its precrisis price of around $80. A Capital One spokesman said that the compensation was justified because Capital One delivered solid results in 2009. The spokesman added that Equilars figures did not account for the fact that some Capital One executives had already exercised their options. According to Capital One, if these exercises were taken into account, the packages value would be $87 million instead, still a fantastic amount. All told, eight of these 18 firms, including Wells Fargo and SunTrust banks, gave executive pay packages during the financial crisis that are now more than 200 percent higher in value. Four of these financial institutions BB&T, U.S. Bancorp, Capital One and American Express awarded pay packages that are up more than 400 percent. Almost all of this value is attributable sim-

ply to the stock markets recovery. And some of these packages reward what frankly appears to be poor performance. The top five executives of Fifth Third Bancorp received a pay package that is now 253 percent higher in value despite Fifth Thirds stock being about a third its precrisis value. How could this happen, you may ask? The bank executives who stood to make the most were those who were paid more in options than in stock. Options provide greater gains when the stock goes up and so are increasingly in disfavor. For example, Equilar calculates that the options granted to the Capital One executives are up 838 percent, or almost $70 million, while the stock component is up only 212 percent, or about $25 million. You wont be surprised to hear that American Expresss total 2009 incentive compensation was paid all in options. Another explanation is that many of the financial institutions did not adjust the dollar amount of their financial compensation paid that year to take into account the stock market drop. In other words, the banks paid the same dollar amounts but had to grant more options and stock to meet this number because of the low price. If you are shaking your head, you should know that these numbers are only for the top five executives at these companies. Lower-ranked employees who received equity compensation, which is largely undisclosed, may have also received such a windfall. Indeed, The New York Times reported in 2010 that the partners and employees of Goldman Sachs had received a substantial equity grant of 36 million stock options during the financial crisis. And of course, this excess compensation was awarded at many other, smaller banks. Taken together, this is a sobering view of executive compensation. It shows how compensation can have little to do with performance and more with stock market movements and the luck of having options granted instead of less valuable stock. More tellingly, it also shows how the government most likely enriched financial executives by pushing banks to award more equity compensation through TARP than they otherwise would have. The sad thing is that these executives were compensated not because of the work they did at their firms, but because of a lucky rise in the stock market. It is anything but pay for performance. And yes, if the financial crisis had not occurred, they were likely to have been much poorer otherwise. Its no wonder Main Street is still seething.

URGING ACTION A financial regulator on Tuesday assailed a court ruling that overturned limits on speculative trading, calling the decision deeply flawed and vulnerable to appeal. Bart Chilton, a Democratic member of the Commodity Futures Trading Commission, called for the agency to challenge the ruling handed down last week by a federal judge in Washington. The decision tossed out the agencys new so-called position limits rule, which took aim at speculative Wall Street trading tied to soaring energy BEN PROTESS prices. ENTERING BRAZIL Peter Thiel, below, made his first foray in Brazil through his global venture capital firm, Valar Ventures Management, which led an investment in an e-commerce start-up, Oppa, that is trying to shake up the traditional furniture market in the country and take on an established retailer recently acquired by the Carlyle Group. Oppa, a design and furniture company based in So Paulo, recently obtained $10.47 million in financing, according to securities filings. Mr. Thiels Valar led the round.
VINOD SREEHARSHA

INTANGIBLE COSTS The costs of corporate bankruptcy or reorganization are often considered to encompass two concepts. There are the direct costs, which academics examine, in part because they are easy to study. In addition, according to In Debt, there are indirect costs of a companys financial distress, which are more abstract, like lost revenue, lost opportunities and lost good will.
STEPHEN J. LUBBEN

nytimes.com/dealbook

Ads Attack Wall St. Ties, No Matter How Flimsy

From First Business Page pocket, said Elizabeth Wilner of Kantar Medias Campaign Media Analysis Group. Wall Street is this campaign seasons punching bag, and its bipartisan and its escalating. In the turmoil of the 2008 financial crisis, Heather A. Wilson, then a Republican congresswoman from New Mexico, voted in favor of the Troubled Asset Relief Program, or TARP, which provided rescue funds to banks. Four years later, Ms. Wilson a former Air Force officer is running for the United States Senate. An opponents ad assails what it characterizes as her deep ties to Wall Street. As a congresswoman from New Mexico, it wasnt Heather Wilsons job to represent Wall Street banks, said the narrator in a spot paid for by a liberal super PAC. The ad shows a series of dark, shadowy Manhattan office towers those of Bank of America, Morgan Stanley, Merrill Lynch, JPMorgan Chase and Citigroup. But she voted time and again to give them special tax breaks, and then voted to bail them out. In Montana, the incumbent, Senator Jon Tester, a Democrat, is facing a fierce challenge from the states sole congressman, Denny Rehberg. Mr. Tester, who has received substantial money from executives in the financial industry, has boasted in television spots that he opposed all of those Wall Street bailouts. Mr. Rehberg also voted against the bank bailout. So instead of focusing on TARP, ads pummel Mr. Rehberg for his longtime support for privatizing Social Security in other words, putting retirement funds in the hands of Wall Street money managers. One of the ads features the floor of the New York Stock Exchange and an electronic ticker showing shares in a nose dive. The narration features voices of market commentators: A wild ride on Wall Street . . . the biggest point drop . . . a precipitous fall . . . these guys have been gambling . . . gambling . . . bad bets . . . they didnt know when to back

T-Mobile in Talks to Buy MetroPCS, a Smaller Rival

From First Business Page scriber base of T-Mobile and MetroPCS anywhere near the two largest carriers, it would make the combined company a stronger competitor. T-Mobile and its larger rival, Sprint Nextel, have both sought customers seeking lower-cost plans. Both have also raced to build their next-generation data networks to better service newer smartphones, like the Samsung Galaxy S III. But T-Mobile has fallen well behind Sprint in its fight for users. As of midyear, the company claimed about 33.2 million customers, compared with Sprints 56 million. It still does not offer the Apple iPhone, which has deprived it of subscribers with higher-price data plans. T-Mobile also lost 205,000 subscribers in its second quarter of this year, quadruple what it reported a year ago. Buying MetroPCS, an 18-yearold wireless service provider toed those plans at the 11th hour. Sprints stock fell 5.4 percent on Tuesday as investors worried about what a T-Mobile-MetroPCS combination would mean for its ability to vie for consumers. Sprints chief executive, Daniel Hesse, said at an industry conference last month that he expected his company to participate in what he saw as a continuing wave of consolidation. This leaves Sprint awkwardly independent and on the outside looking in, Craig Moffett, an analyst at Sanford C. Bernstein & Company, said in a phone interview. He added that Sprint may feel compelled to make a higher bid because the alternative is so unattractive. Shares in Leap Wireless International, another prepaid wireless service provider, closed more than 8 percent higher on Tuesday, as investors hoped the company would prove to be another merger target. But analysts said that Leap, with its focus on lesser markets and with major operational problems, may remain independent for a while longer. We dont view Leap to be as attractive as MetroPCS; Leap has a smaller subscriber base, lower margins and burns cash, Mike McCormack, an analyst at Nomura, wrote in a research note on Tuesday. Should it reach a deal, Deutsche Telekom could sell down its stake in T-Mobile over time. That would eventually unwind its expensive experiment in the American marketplace, one that began with the German telecoms purchase of VoiceStream Wireless at the peak of the dotcom era in 2001. Since then, however, troubles at T-Mobile have cost Deutsche Telekom dearly, including an $18 billion write-down a year later. Executives at the German telecommunications company have openly spoken about possible deals for the American unit, including by staging an initial public offering or combining it with another industry player. One uncertainty about any deal would be the reaction from antitrust regulators. But a transaction may draw less fiery opposition than the failed combination of AT&T and T-Mobile, given the smaller size of MetroPCS.

JEFF SWENSEN FOR THE NEW YORK TIMES

Keith Rothfus, on phone, said his legal specialty was drafting software licensing agreements.
away. A gamble. Thats Congressman Denny Rehbergs plan for Social Security. Josh Mandel, the Republican Ohio state treasurer running for United States Senate as a Washington outsider, has an ad that goes after members of Congress on both sides of the aisle for supporting the bailout. Every Democrat and every Republican who took our tax dollars and used them to bail out Wall Street banks was dead wrong, Mr. Mandel says in the spot, speaking in an angry tone to a group of factory workers. It was fiscally irresponsible. It was morally wrong. The presidential candidates have also criticized one another for their Wall Street ties. Ads for President Obama have homed in on Mr. Romneys leadership of Bain Capital, the private equity firm he started. By focusing on private equity a specific pocket of the financial industry Mr. Obama has largely avoided a broader critique of Wall Street, where he has raised millions of dollars. On Monday, the Obama campaign announced a new ad that links Bain to a company that outsourced American jobs. Republicans, meanwhile, depict Mr. Obama as a pawn of the financial services industry. One advertisement from the conservative organization American Future Fund titled Obamas Wall Street highlights Mr. Obamas vote in favor of TARP when he was a United States senator running for president and says that his cabinet is full of financiers. Another, called Justice for Sale, suggests that campaign contributions from the banking industry explain why the administration has not prosecuted more executives relating to their conduct during the financial crisis. Under Obama, Wall Street keeps winning, and Obama keeps taking their cash, the narrator says. Tell Obama to stop protecting his Wall Street donors. Mr. Rothfus, the Republican candidate in Pennsylvania, is locked in a tight race with his opponent, the Democratic incumbent Mark S. Critz. He has counpracticed on and off at Yukevich, Marchetti, Liekar & Zangrilli, a 12-lawyer firm. He earned about $125,000 last year. His assignments for BNY Mellon constitute a tiny portion of his overall practice, which focuses on small- and medium-size businesses. Ive never done anything close to securities work for Mellon, never came close to those C.D.O.s, said Mr. Rothfus, referring to collateralized debt obligations, the complex mortgage instruments that contributed to the near collapse of the financial system. Ive never even done an I.P.O. Spokesmen for organizations behind the attack ads against Mr. Rothfus the Democratic House Majority PAC and Afscme said that they stood behind the ads. Despite Mr. Rothfuss modest salary top Wall Street lawyers earn substantial seven-figure salaries the millionaire epithet is accurate. That comes courtesy of his wife, the daughter of a successful Pittsburgh businessman. Based on his most recent financial disclosure, Mr. Rothfuss total assets, including those of his wife, range from $5.1 million to $13.9 million. With clean-cut looks and wirerimmed glasses, Mr. Rothfus does look the part of a buttondown Wall Street lawyer. But he is quick to point out that he favors Brooks Brothers off-therack suits instead of the bespoke variety and prefers Lands End neckwear to Herms ties. There were certain individuals on Wall Street who were reckless and betrayed our trust, he said. But I wasnt one of them.

T-Mobile has fallen well behind Sprint in its fight for users.
based in Richardson, Tex., might solve those problems. The company had 9.3 million customers as of June 30, many located in major cities. And it has already begun introducing Long Term Evolution, or LTE, the high-speed network on which smartphones like the iPhone 5 run. Merging T-Mobile and MetroPCS could prove tricky. While the two could eventually combine their LTE networks, the majority of their phones run on incompatible network standards, reducing any cost savings from a tie-up in the short run. And MetroPCS offers only prepaid plans, a business that T-Mobile has been eager to exploit but which also carries lower margins. Yet such headaches may prove worthwhile, because a deal would deprive Sprint of a suitable takeover target to fix its own problems. Sprint had neared its own deal for MetroPCS this year, only to walk away after its board ve-

Candidates of both parties seek to link their rivals to bailouts.

tered the attack ads with humorous Keith Rothfus is a regular guy 30-second spots. In one, he is shown gardening in his modest front yard, driving his children around town and repairing his daughters bicycle. In response, the American Federation of State, County and Municipal Employees has produced an ad that starts, Regular guy? Hardly. Keith Rothfus is a millionaire attorney for a Wall Street bank. Banner headlines of the BNY Mellons $3 billion bailout run across the screen. Mr. Rothfus, who lives in Sewickley, Pa., with his wife and six children, has worked as a corporate lawyer since graduating from Notre Dame Law School in 1980. For the last 15 years he has

B6

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

MARKET GAUGES
S.&P. U 1,445.75 +1.26 500 DOW D 13,482.36 32.75 INDUSTRIALS NASDAQ U 3,120.04 +6.51 COMPOSITE 10-YEAR TREASURY YIELD
1.62% UNCH. $91.89 CRUDE OIL D $0.59

GOLD D $1,772.70 $7.80 (N.Y.)

$1.2918 THE U +$0.0030 EURO

Standard & Poors 500-stock index

1,500 1,450

3-MONTH TREND

Nasdaq Composite
3,300

3-MONTH TREND

Dow Jones Industrial Average

14,000 13,500 13,000

3-MONTH TREND

+10%

3,200 3,100 3,000

+10%

+10%

+ 5% 1,400 1,350 1,300 0%

+ 5%

+ 5%

2,900 2,800 July Aug. Sept.

0% 12,500

0%

5% July Aug. Sept.

5% 12,000 July Aug. Sept.

5%

When the index follows a white line, it is changing at a constant pace; when it moves into a lighter band, the rate of change is faster.

STOCK MARKET INDEXES

Index DOW JONES Close Chg % Chg 52-Wk % Chg YTD % Chg Index NASDAQ Close Chg % Chg 52-Wk % Chg YTD % Chg

MOST ACTIVE, GAINERS AND LOSERS

Stock (TICKER) 20 MOST ACTIVE Close Chg % Chg Volume (100) Stock (TICKER) 20 TOP GAINERS 4.90 8.93 2.62 9.79 8.27 22.79 29.66 13.57 22.84 18.87 25.12 22.27 11.11 2.18 3.27 40.92 33.26 661.31 31.65 23.68 0.28 0.03 +0.05 0.14 +0.41 0.02 +0.17 +2.05 +0.09 0.03 +0.09 +0.28 0.00 2.81 0.01 0.05 +0.51 +1.92 0.02 +0.59 5.4 1833822 0.3 1077655 +2.1 889588 1.4 631493 +5.2 550604 0.1 443566 +0.6 427494 +17.8 375713 +0.4 359997 0.2 343083 +0.3 299169 +1.3 292783 0.0 287849 56.3 272347 0.3 269544 0.1 266128 +1.6 251040 +0.3 223344 0.1 215687 +2.6 212940 Oak Valley (OVLY) 8.13 MetroPCS C (PCS) 13.57 Annapolis (ANNB) 8.25 Kingstone (KINS) 5.74 B Communic (BCOM) 5.02 Emclaire F (EMCF) 24.45 S&W Seed C (SANW) 7.31 Overseas S (OSG) 7.08 Auburn Nat (AUBN) 23.70 Journal Co (JRN) 5.53 Leap Wirel (LEAP) 7.59 Zoltek Com (ZOLT) 8.40 Brightcove (BCOV) 12.96 Bon-Ton St (BONT) 11.12 Hydrogenic (HYGS) 5.69 Schawk Inc (SGK) 13.99 Headwaters (HW) 6.93 Mackinac F (MFNC) 7.88 Commercial (CVGI) 7.50 Hyster-Yal (HY) 43.25 +1.38 +2.05 +1.20 +0.79 +0.58 +2.39 +0.61 +0.59 +1.90 +0.43 +0.59 +0.63 +0.97 +0.78 +0.39 +0.94 +0.46 +0.52 +0.48 +2.73 +20.4 +17.8 +17.0 +16.0 +13.1 +10.8 +9.1 +9.1 +8.7 +8.4 +8.4 +8.1 +8.1 +7.5 +7.4 +7.2 +7.1 +7.1 +6.8 +6.7 194 375713 21 70 75 3 966 16456 32 8088 103717 18021 8033 4570 92 482 6211 3 14910 2116 Close Chg % Chg Volume (100) Stock (TICKER) 20 TOP LOSERS Pacific Bo (PBM) 5.10 10.19 MSCI Inc (MSCI) 26.21 9.61 Express In (EXPR) 11.68 3.33 Core Labor (CLB) 100.95 19.68 Skechers U (SKX) 17.78 2.59 Spherix In (SPEX) 10.40 1.36 Fifth & Pa (FNP) 11.32 1.45 Tecumseh P (TECUB) 5.60 0.60 United Com (UCBA) 6.07 0.63 Sarepta Th (SRPT) 14.99 1.54 Aruba Netw (ARUN) 20.40 1.99 Patrick In (PATK) 16.99 1.50 Liquidity (LQDT) 46.04 3.51 Proofpoint (PFPT) 12.98 0.96 USMD Holdi (USMD) 21.00 1.50 Zagg Inc (ZAGG) 8.39 0.58 Ship Finan (SFL) 14.98 1.02 Rosetta Ge (ROSG) 6.26 0.42 Apogee Ent (APOG) 19.01 1.25 Susser Hol (SUSS) 34.85 2.29 66.6 26.8 22.2 16.3 12.7 11.6 11.4 9.7 9.4 9.3 8.9 8.1 7.1 6.9 6.7 6.5 6.4 6.3 6.2 6.2 10617 152644 127839 35117 27638 50 83895 211 42 26194 92651 5407 14153 1236 3 11093 41726 34249 3272 4509 Close Chg % Chg Volume (100)

Industrials Transportation Utilities Composite

STANDARD AND POORS

13482.36 4908.44 475.95 4453.92

+ +

32.75 8.71 1.84 0.45

+ +

0.24 0.18 0.39 0.01

+ 23.54 +10.35 + 17.16 2.22 + 9.82 + 2.43 + 19.01 + 5.24

100 Stocks 500 Stocks Mid-Cap 400 Small-Cap 600

NEW YORK STOCK EXCHANGE

666.04 1445.75 987.57 469.81

+ + +

0.18 1.26 3.38 0.12

+ + +

0.03 0.09 0.34 0.03

+ + + +

29.74 27.78 26.41 32.20

+16.69 +14.96 +12.33 +13.19

Nasdaq 100 Composite Industrials Banks Insurance Other Finance Telecommunications Computer
OTHER INDEXES

2799.29 3120.04 2560.28 1894.41 4645.57 4065.34 197.67 1669.87 2467.27 15095.36 3069.80 840.51 190.81 382.96 49.87 223.45

+ + + + + + + + + + + + +

5.01 6.51 3.32 4.23 0.90 7.08 0.64 2.65 14.57 16.42 4.52 0.20 1.29 1.84 0.16 0.78

+ + + + + + + + + + + + +

0.18 0.21 0.13 0.22 0.02 0.17 0.32 0.16 0.59 0.11 0.15 0.02 0.67 0.48 0.32 0.35

+ + + + + + + + + + + + + + + +

30.86 29.17 24.89 36.48 19.97 27.18 11.01 30.04 20.33 27.47 28.71 30.48 3.14 13.03 41.11 17.46

+22.89 +19.76 +18.08 +17.10 + 8.61 +17.98 + 0.38 +21.12 + 8.29 +14.45 +13.88 +13.44 + 5.63 + 5.08 +26.64 + 3.32

NYSE Comp. Tech/Media/Telecom Energy Financial Healthcare

8295.11 6200.71 12936.92 4788.44 7984.66

+ + + + +

10.74 7.22 26.46 9.40 30.46

+ + + + +

0.13 0.12 0.20 0.20 0.38

+ + + + +

22.14 19.94 22.12 25.83 23.16

+10.94 +13.05 + 4.25 +17.86 +13.33

American Exch Wilshire 5000 Value Line Arith Russell 2000 Phila Gold & Silver Phila Semiconductor KBW Bank Phila Oil Service

Sprint Nex (S) Bank of Am (BAC) Sirius XM (SIRI) Ford Motor (F) Research I (RIMM) General El (GE) Microsoft (MSFT) MetroPCS C (PCS) Intel Corp (INTC) Cisco Syst (CSCO) Pfizer Inc (PFE) Facebook I (FB) Activision (ATVI) ArQule Inc (ARQL) Advanced M (AMD) JPMorgan C (JPM) Citigroup (C) Apple Inc (AAPL) Oracle Cor (ORCL) General Mo (GM)

S&P 100 STOCKS

Stock (TICKER) 52-Week Price Range 1-Day Low Close () High Close Chg 1-Yr YTD Chg % Chg Stock (TICKER) 52-Week Price Range 1-Day Low Close () High Close Chg 1-Yr YTD Chg % Chg Stock (TICKER) 52-Week Price Range 1-Day Low Close () High Close Chg 1-Yr YTD Chg % Chg Stock (TICKER)
PepsiCo Inc (PEP) Pfizer Inc (PFE) Philip Morris (PM) Procter & Gamble (PG) Qualcomm I (QCOM) Raytheon C (RTN) Schlumberg (SLB) Simon Property (SPG) Southern C (SO) Starbucks (SBUX) Target Corp (TGT) Texas Instruments (TXN) Time Warner (TWX) U.S. Banco (USB) Union Pacific (UNP) United Parcel (UPS) United Tec (UTX) UnitedHeal (UNH) Verizon Co (VZ) Visa Inc (V) Wal-Mart S (WMT) Walgreen C (WAG) Walt Disney (DIS) Wells Fargo (WFC) Williams C (WMB)

52-Week Price Range 1-Day Low Close () High Close Chg

58.50 17.05 60.45 59.07 46.40 38.68 54.79 103.32 41.00 35.12 47.25 26.06 28.43 21.84 77.73 61.27 66.87 41.32 35.32 81.71 51.63 28.53 28.19 22.61 17.88

1-Yr YTD Chg % Chg

3M Co (MMM) 68.63 Abbott Lab (ABT) 48.96 Accenture (ACN) 50.34 Allstate C (ALL) 22.34 Altria Group (MO) 25.94 Amazon.Com (AMZN) 166.97 American Electric (AEP) 35.85 American Express (AXP) 41.30 Amgen Inc (AMGN) 52.85 Anadarko P (APC) 56.42 Apache Cor (APA) 73.04 Apple Inc (AAPL) 354.24 AT&T Inc (T) 27.41 Baker Hugh (BHI) 37.08 Bank of America (BAC) 4.92 Bank of Ne (BK) 17.10 Baxter Int (BAX) 47.55 Berkshire (BRKb) 69.07 Boeing Company (BA) 56.90 Bristol-Myers (BMY) 30.10 Capital One (COF) 36.33 Caterpillar (CAT) 67.54 Chevron Corp (CVX) 86.68 Cisco Systems (CSCO) 14.93 Citigroup (C) 21.40

94.30 93.54 + 0.25 + 30.30 + 14.5 70.41 68.54 0.54 + 34.02 + 21.9 70.97 70.25 + 0.30 + 33.35 + 32.0 40.72 40.08 + 0.13 + 69.19 + 46.2 36.29 33.73 + 0.09 + 25.81 + 13.8 264.11 250.60 1.41 + 15.90 + 44.8 44.84 44.17 + 0.26 + 16.18 + 6.9 61.42 57.18 0.55 + 27.35 + 21.2 86.59 86.35 + 1.27 + 57.11 + 34.5 88.70 70.47 0.15 + 11.77 7.7 112.09 86.55 + 0.14 + 7.86 4.4 705.07 661.31 + 1.92 + 73.43 + 63.3 38.58 37.81 + 0.06 + 32.57 + 25.0 61.90 45.09 + 0.04 2.30 7.3 10.10 8.93 0.03 + 45.92 + 60.6 24.95 22.96 + 0.03 + 23.51 + 15.3 61.67 60.47 + 0.38 + 7.71 + 22.2 89.95 88.83 + 0.17 + 25.04 + 16.4 77.83 69.53 0.48 + 14.91 5.2 36.34 33.95 + 0.04 + 8.19 3.7 59.74 58.31 + 0.25 + 47.14 + 37.9 116.95 85.47 0.00 + 15.75 5.7 118.53 117.96 + 0.71 + 27.40 + 10.9 21.30 18.87 0.03 + 21.74 + 4.4 38.40 33.26 + 0.51 + 29.85 + 26.4

Coca-Cola (KO) 31.67 Colgate-Palmolive (CL) 86.19 Comcast Co (CMCSA) 19.72 ConocoPhil (COP) 44.71 Costco Wholesale (COST) 78.41 CVS Carema (CVS) 32.28 Dell Inc (DELL) 9.72 Devon Energy (DVN) 50.74 Dow Chemical (DOW) 20.61 E. I. du Pont (DD) 37.10 eBay Inc (EBAY) 27.41 Eli Lilly (LLY) 35.46 EMC Corp (EMC) 19.99 Emerson El (EMR) 39.50 Exelon Cor (EXC) 34.54 Exxon Mobil (XOM) 69.21 FedEx Corp (FDX) 64.07 Ford Motor (F) 8.82 Freeport-M (FCX) 28.85 General Dynamics (GD) 54.72 General Electric (GE) 14.02 Gilead Sciences (GILD) 34.45 Goldman Sachs (GS) 84.27 Google Inc (GOOG) 480.60 H.J. Heinz (HNZ) 48.54

40.66 38.34 0.04 + 13.50 + 9.6 109.84 107.92 0.07 + 21.70 + 16.8 36.90 35.84 + 0.46 + 71.32 + 51.2 59.68 57.37 0.04 + 18.85 + 3.3 103.51 99.49 1.02 + 21.14 + 19.4 48.94 48.49 0.18 + 44.36 + 18.9 18.36 9.90 + 0.10 29.99 32.3 76.34 61.57 + 0.79 + 11.06 0.7 36.08 29.16 0.16 + 29.83 + 1.4 53.98 49.50 0.86 + 23.84 + 8.1 50.64 48.40 + 0.17 + 64.12 + 59.6 48.14 47.94 + 0.37 + 29.67 + 15.4 30.00 27.24 0.02 + 29.78 + 26.5 53.78 48.03 + 0.10 + 16.27 + 3.1 45.45 35.53 + 0.13 16.62 18.1 92.57 91.72 0.08 + 26.28 + 8.2 97.19 84.50 0.52 + 24.85 + 1.2 13.05 9.79 0.14 + 1.24 9.0 48.96 39.68 0.17 + 30.31 + 7.9 74.54 67.30 0.12 + 18.30 + 1.3 23.00 22.79 0.02 + 49.74 + 27.2 69.49 69.18 + 1.74 + 78.29 + 69.0 128.72 117.25 + 0.39 + 24.01 + 29.7 765.99 756.99 4.79 + 46.98 + 17.2 58.31 56.36 + 0.06 + 11.65 + 4.3

Halliburton (HAL) 26.28 Hewlett-Packard (HPQ) 16.23 Home Depot (HD) 31.03 Honeywell (HON) 41.22 Intel Corp (INTC) 20.40 International (IBM) 168.88 Johnson & Johnson (JNJ) 60.83 JPMorgan Chase (JPM) 27.85 Kraft Food (MDLZ) 20.86 Lockheed Martin (LMT) 70.37 Lowes Com (LOW) 18.55 MasterCard (MA) 293.01 McDonalds (MCD) 83.74 Medtronic (MDT) 31.06 Merck & Co (MRK) 30.54 Metlife Inc (MET) 25.61 Microsoft (MSFT) 24.26 Monsanto C (MON) 59.15 Morgan Stanley (MS) 11.58 National O (NOV) 47.97 News Corp (NWSA) 14.72 Nike Inc (NKE) 81.01 Norfolk Southern (NSC) 57.57 Occidental (OXY) 66.36 Oracle Cor (ORCL) 24.91

40.43 34.07 + 0.40 + 11.63 1.3 30.00 17.13 0.08 23.70 33.5 60.89 60.33 0.24 + 83.54 + 43.5 62.00 61.45 + 0.65 + 39.95 + 13.1 29.27 22.84 + 0.08 + 7.05 5.8 211.75 209.84 0.63 + 20.00 + 14.1 69.75 68.96 0.17 + 8.27 + 5.2 46.49 40.92 0.05 + 35.86 + 23.1 28.48 28.01 + 0.19 + 27.48 + 14.6 93.99 93.16 0.28 + 28.25 + 15.2 32.29 30.29 0.02 + 56.62 + 19.3 466.98 457.65 + 0.76 + 44.30 + 22.8 102.22 90.93 1.06 + 3.54 9.4 44.04 43.71 + 0.44 + 31.50 + 14.3 45.70 45.47 + 0.26 + 39.05 + 20.6 39.55 34.33 0.00 + 22.56 + 10.1 32.95 29.66 + 0.17 + 19.16 + 14.3 91.95 90.94 + 0.55 + 51.47 + 29.8 21.19 16.91 + 0.12 + 25.17 + 11.8 89.95 80.73 + 0.18 + 57.61 + 18.7 25.18 24.64 + 0.09 + 59.17 + 38.1 114.81 94.95 0.60 + 11.04 1.5 78.50 65.02 + 0.57 + 6.56 10.8 106.68 85.15 1.23 + 19.09 9.1 33.81 31.65 0.02 + 10.13 + 23.4

73.66 70.62 0.03 + 14.09 + 6.4 25.41 25.12 + 0.08 + 42.08 + 16.1 93.60 91.85 + 1.14 + 47.24 + 17.0 69.97 68.79 0.66 + 8.88 + 3.1 68.87 61.79 0.12 + 27.06 + 13.0 58.68 54.75 0.83 + 33.96 + 13.2 80.78 72.26 0.32 + 20.98 + 5.8 164.17 152.25 + 1.06 + 38.43 + 18.1 48.59 45.57 0.10 + 7.55 1.6 62.00 49.30 0.84 + 32.21 + 7.2 65.80 62.98 0.01 + 28.43 + 23.0 34.24 27.61 0.00 + 3.60 5.2 46.56 45.30 0.20 + 51.15 + 25.3 35.15 34.08 0.01 + 44.77 + 26.0 129.27 119.10 + 0.57 + 45.83 + 12.4 81.79 72.02 + 0.01 + 14.05 1.6 87.50 78.39 + 0.04 + 11.41 + 7.3 60.75 56.80 + 0.34 + 23.16 + 12.1 48.77 45.86 + 0.05 + 24.62 + 14.3 137.90 136.00 0.73 + 58.66 + 34.0 75.24 73.75 0.30 + 42.10 + 23.4 37.34 36.91 0.04 + 12.22 + 11.6 53.40 51.64 0.43 + 71.22 + 37.7 36.60 34.82 + 0.12 + 44.36 + 26.3 35.79 35.55 0.05 + 78.86 + 31.8

Prices shown are for regular trading for the New York Stock Exchange and the American Stock Exchange which runs from 9:30 a.m., Eastern time, through the close of the Pacific Exchange, at 4:30 p.m. For the Nasdaq stock market, it is through 4 p.m. Close Last trade of the day in regular trading. + or indicates stocks that reached a new 52-week high or low. Change Difference between last trade and previous days price in regular trading. or indicates stocks that rose or fell at least 4 percent. indicates stocks that traded 1 percent or more of their outstanding shares. n Stock was a new issue in the last year.

FINRA TRACE CORPORATE BOND DATA

Yields
FINRA-BLOOMBERG CORPORATE BOND INDEXES

GOVERNMENT BONDS
Market Breadth
All Investment High Issues Grade Yield Total Issues Traded 6022 Advances 3039 Declines 2686 Unchanged 158 52 Week High 560 52 Week Low 73 21,799 Dollar Volume* 4325 2236 1956 53 434 56 13,198 1474 685 637 98 110 11 7,360 Conv 223 118 93 7 16 6 1,240

52-week Total Returns

FINRA-BLOOMBERG CORPORATE BOND INDEXES

Yield Curve
Yest. 1-mo. ago 1-yr. ago

Key Rates
4% 3 2 1
Maturity
10-year Treas. 2-year Treas. Prime Rate Fed Funds

Most Recent Issues

Mat. Date Rate Bid 0.09 0.14 100.02 100.05 100.09 98.81 Ask 0.08 0.14 100.03 100.06 100.11 98.84 Chg +0.00 +0.01 +0.03 +0.06 Yield 0.09 0.14 0.24 0.61 1.62 2.81

4% 3 2 1 0 3 6 2
Months

10% 8 6 4 2 0 2011

high yield +6.76%

+20% +15 +10 + 5 0

high yield +17.13%

T-BILLS 3-mo. Jan 13 6-mo. Apr 13

End of day data. Activity as reported to FINRA TRACE. Market breadth represents activity in all TRACE eligible publicly traded securities. Shown below are the most active fixed-coupon bonds ranked by par value traded. Investment grade or high-yield is determined using credit ratings as outlined in FINRA rules. C Yield is unavailable because of issues call criteria. *Par value in millions.

BONDS & NOTES 2-yr. Sep 14 5-yr. Sep 17 | 10-yr. Aug 22 1| 30-yr. Aug 42 2}

0 30 2011 2012
Source: Thomson Reuters

5 10
Years

TREASURY INFLATION BONDS [ 107-30 5-yr. Apr 17 [ 109-32 10-yr. Jul 22 2 144-18 20-yr. Jan 29 } 110-24 30-yr. Feb 42

invest. grade +3.22% 2012

5 2011

invest. grade +10.58% 2012

Source: FINRA TRACE data. Reference information from Reuters DataScope Data. Credit ratings from Moodys, Standard & Poors and Fitch. Issuer Name provided by S&P Capital IQ

108-01 +0-06 -1.56 110-07 +0-20 -0.85 144-30 +1-06 -0.19 111-16 +1-21 0.36 Source: Thomson Reuters

Most Active
Issuer Name (SYMBOL) INVESTMENT GRADE Coupon% Maturity

FOREIGN EXCHANGE
Credit Rating Moodys S&P Fitch Price High Low Last Chg Yld% Foreign Currency in Dollars AMERICAS Argentina (Peso) Bolivia (Boliviano) Brazil (Real) Canada (Dollar) Chile (Peso) Colombia (Peso) Dom. Rep. (Peso) El Salvador (Colon) Guatamala (Quetzal) Honduras (Lempira) Mexico (Peso) Nicaragua (Cordoba) Paraguay (Guarani) Peru (New Sol) Uruguay (New Peso) Venezuela (Bolivar) EUROPE Britain (Pound) Czech Rep (Koruna) Denmark (Krone) Europe (Euro) Hungary (Forint) Dollars in Foreign Currency Foreign Currency in Dollars ASIA/PACIFIC Australia (Dollar) China (Yuan) Hong Kong (Dollar) India (Rupee) Japan (Yen) Malaysia (Ringgit) New Zealand (Dollar) Pakistan (Rupee) Philippines (Peso) Singapore (Dollar) So. Korea (Won) Taiwan (Dollar) Thailand (Baht) Vietnam (Dong) Dollars in Foreign Currency

General Elec Cap Medium Term Nts (ge.Hcl) 5.550 General Elec Cap Medium Term Nts (ge) 3.150 General Elec Cap Medium Term Sr (ge.Hih) 2.125 JPMorgan Chase Bk, Columbus, OH (jpm.Mre) 6.000 JPMorgan Chase & Co (jpm) 3.250 Vale, S.A. (vlps) 5.625 Ford Motor Credit Company llc (f.Gso) 12.000 Vale Overseas ltd (vlps) 6.875 General Elec Cap Medium Term Nts (ge.Hmx) 5.500 GMAC (ally) 2.200
HIGH YIELD

May 20 Sep 22 Dec 12 Jul 17 Sep 22 Sep 42 May 15 Nov 36 Jan 20 Dec 12

a1 a1 aaa a1 a2 baa2 baa3 baa2 a1 aaa

a bbb+ bbb bbb+ aaa

118.978 103.476 100.430 118.520 104.480 106.901 124.696 120.275 120.213 100.434

116.582 100.895 100.412 117.470 101.820 103.830 123.800 119.115 117.712 100.103

118.978 101.380 100.414 117.470 101.983 105.115 124.375 120.275 117.712 100.417

1.240 0.022 0.019 0.203 0.478 3.115 0.125 1.175 0.886 0.007

2.758 2.988 0.162 2.114 3.018 5.283 2.323 5.366 2.787 0.170

Sabine Pass Lng lp (lng.Gf) Plains Expl & Prodtn Co (pxp) Citycenter Holdings llc (cchf) Cricket Communications (leap.Gi) Sabine Pass Lng lp (lng.Gd) Alpha Natural Resources (anr.Gb) Dean Foods Co New (df.Ge) GMAC (ally) Momentive Performance Matls (mpm) Hughes Satellite Sys (sats)
CONVERTIBLES

7.500 6.750 10.750 7.750 7.250 6.000 7.000 6.750 11.500 6.500

Nov 16 Feb 22 Jan 17 Oct 20 Nov 13 Jun 19 Jun 16 Dec 14 Dec 16 Jun 19

b1 b1 caa2 b3 b1 b2 b2 b1 caa3 ba3

b bb

109.500 103.785 107.250 101.590 107.625 86.500 109.210 108.113 60.100 107.625

108.500 99.554 106.750 98.500 107.400 83.250 105.000 107.375 57.000 107.100

108.500 100.500 106.750 99.500 107.500 84.250 107.550 107.625 57.750 107.625

0.500 0.500 0.250 1.250 0.050 0.500 1.012 0.375 1.850 0.375

5.195 6.660 N.A. 7.834 0.734 9.215 4.724 3.065 29.872 5.138

.2130 .1437 .4938 1.0165 .0021 .0006 .0255 .1144 .1253 .0509 .0778 .0420 .0002 .3851 .0488 .2331

4.6950 6.9600 2.0250 .9838 472.70 1798.0 39.2300 8.7425 7.9810 19.6500 12.8539 23.8378 4400.0 2.5970 20.5000 4.2893

One Dollar in Euros

0.85 euros 0.80 0.75 0.70 0.65 11 2012
Norway (Krone) Poland (Zloty) Russia (Ruble) Sweden (Krona) Switzerland (Franc) Turkey (Lira) .1753 5.7056 .3141 3.1834 .0321 31.1300 .1515 6.6006 1.0681 .9362 .5587 1.7900

$1 = 0.7741

1.0265 .1591 .1290 .0191 .0128 .3279 .8273 .0105 .0241 .8127 .0009 .0342 .0326 .0000

.9742 6.2840 7.7549 52.4200 78.1400 3.0500 1.2088 94.9000 41.5500 1.2305 1112.8 29.2790 30.7000 20860

One Dollar in Yen

84 yen 82 80 78 76 74 11 2012
Lebanon (Pound) Saudi Arabia (Riyal) So. Africa (Rand) U.A.E (Dirham) .0007 .2667 .1198 .2723 1500.0 3.7500 8.3441 3.6729

$1 = 78.17

1.6132 .6199 .0517 19.3510 .1733 5.7708 1.2918 .7741 .0045 221.41

MIDDLE EAST/AFRICA Bahrain (Dinar) 2.6529 .3770 Egypt (Pound) .1641 6.0955 Iran (Rial) .0001 12240 Israel (Shekel) .2578 3.8793 Jordan (Dinar) 1.4138 .7073 Kenya (Shilling) .0118 84.9000 Kuwait (Dinar) 3.5651 .2805

Prices as of 4:45 p.m. Eastern Time. Source: Thomson Reuters

Verisign (vrsn.Gb) Gilead Sciences (gild.Gh) Massey Energy Co (anr) Medtronic (mdt.Gk) Linear Technology (lltc.Gc) Annaly Cap Mgmt (nly) Amgen (amgn.Gn) Intel (intc.Ge) Prologis lp (pld.Hh) Intel (intc.Gd)

3.250 0.625 3.250 1.625 3.000 5.000 0.375 3.250 2.625 2.950

Aug 37 May 13 Aug 15 Apr 13 May 27 May 15 Feb 13 Aug 39 May 38 Dec 35

n.A. n.A. n.A. a1 n.A. n.A. baa1 a2 n.A. n.A.

N.A. N.A. n.A. N.A. bbb N.A.

153.600 181.771 93.841 101.000 104.625 104.116 113.250 124.750 100.850 109.760

151.250 176.933 91.300 99.875 104.350 102.000 110.916 122.000 100.775 108.500

152.285 181.441 92.000 100.850 104.438 103.577 112.250 124.062 100.850 109.659

0.215 4.722 0.459 0.060 0.237 1.515 0.348 0.758 0.000 0.079

0.899 80.799 6.391 0.014 0.172 3.552 33.514 2.076 1.254 2.404

FUTURES
Future Corn Soybeans Wheat Live Cattle Hogs-Lean Cocoa Coffee Sugar-World Gold Silver Hi Grade Copper Light Sweet Crude Heating Oil Natural Gas Monetary units per Exchange quantity CBT CBT CBT CME CME NYBOT NYBOT NYBOT COMX COMX COMX NYMX NYMX NYMX /bushel /bushel /bushel /lb /lb $/ton /lb /lb $/oz /oz /lb $/bbl $/gal $/mil.btu Lifetime High Low 849.00 1789.00 977.50 135.55 86.00 3630.00 291.95 25.39 386.75 914.00 629.50 121.90 70.05 2050.00 153.70 14.70 Date Dec Nov Dec Dec Dec Dec Dec Feb Dec Dec Dec Oct Oct Oct Open High Low Settle Change + 1.50 29.75 12.75 + 0.25 + 1.73 + 25.00 + 5.60 + 0.46 7.70 28.30 + 1.55 0.59 0.01 + 0.05 Open Interest 624,495 317,276 246,341 128,304 106,730 93,365 80,520 372,959 351,295 88,676 100,222 303,758 99,799 268,389

Crude Oil
$120 110 100 90 80 70 11 2012 $91.89 a barrel

CONSUMER RATES

Yesterdays rate 1-year range

Change from last week Up Flat Down

ECONOMIC INDICATORS

12 756.50 760.00 746.00 758.25 12 1559.75 1561.25 1526.50 1530.50 12 884.00 885.00 863.75 871.50 12 125.98 126.83 125.75 126.38 12 75.25 77.15 75.18 76.85 12 2438.00 2481.00 2412.00 2475.00 12 178.10 184.55 177.95 183.65 13 21.09 21.72 21.08 21.59 12 1780.00 1786.60 1772.30 1775.60 12 3475.00 3511.50 3442.00 3466.90 12 377.60 382.25 376.80 380.10 12 92.41 92.94 91.62 91.89 12 3.14 3.15 3.12 3.13 12 3.48 3.55 3.40 3.53

Home Mortgages
Federal funds Prime rate 15-yr fixed 15-yr fixed jumbo 30-yr fixed 30-yr fixed jumbo 5/1 adj. rate 5/1 adj. rate jumbo 1-year adj. rate

Year Yesterday Ago

0.25% 3.25 2.82 3.31 3.39 4.01 2.96 2.80 4.82 0.25% 3.25 3.37 4.13 4.00 4.82 2.99 3.17 2.95

1934.60 766.00 4951.00 347.50 448.65 308.85 112.21 73.14 3.35 2.33 10.67 2.57

0%

8 5-YEAR HISTORY

Industrial Production
Change from previous year

+10%

Key to exchanges: CBT-Chicago Board of Trade. CME-Chicago Mercantile Exchange. CMX-Comex division of NYM. KC-Kansas City Board of Trade. NYBOT-New York Board of Trade. NYM-New York Mercantile Exchange. Open interest is the number of contracts outstanding. Source: Thomson Reuters

Aug. 12 July 12

+2.8% +4.3

MUTUAL FUNDS SPOTLIGHT: LONG- AND INTERMEDIATE-TERM GOVERNMENT BONDS

20

07

12
Fund Name (TICKER) Type

% Total Returns YTD 1 Yr

Exp. Assets (mil.$) Fund Name (TICKER) Type

% Total Returns YTD 1 Yr

Exp. Assets (mil.$)

5 Yr* Ratio

5 Yr* Ratio

Consumer Confidence
Conference Board survey 0% 1 2 3 4 5 6 7 8

100

LARGEST FUNDS PIMCO Total Return Instl (PTTRX) Vanguard Total Bond Market Index Adm (VBTLX) Vanguard GNMA Adm (VFIJX) Dodge & Cox Income (DODIX) American Funds Bond Fund of Amer A (ABNDX) T. Rowe Price New Income (PRCIX) Vanguard Inflation-Protected Secs Inv (VIPSX) JPMorgan Core Bond Select (WOBDX) Fidelity Total Bond (FTBFX) Vanguard Interm-Term Investment-Grde (VFIDX) Metropolitan West Total Return Bond I (MWTIX) Fidelity GNMA Fund (FGMNX) PIMCO Real Return Instl (PRRIX) Vanguard Long-Term Investment-Grade (VWETX) Harbor Bond Instl (HABDX) Franklin US Government Secs A (FKUSX) Loomis Sayles Investment Grade Bond Y (LSIIX) Vanguard Interm-Term Bond Index Adm (VBILX) Spartan U.S. Bond Index Investor (FBIDX) TCW Total Return Bond I (TGLMX) Fidelity Investment Grade Bond (FBNDX) Delaware Diversified Income A (DPDFX) Bernstein Intermediate Duration (SNIDX) Average performance for all such funds Number of funds for period CI CI GI CI CI CI IP CI CI CI CI GI IP CL CI GI CI CI CI CI CI CI CI +9.4 +4.1 +2.8 +7.1 +5.5 +5.4 +6.7 +4.8 +6.1 +8.5 +10.2 +3.5 +8.9 +11.6 +8.5 +2.2 +10.5 +6.6 +4.2 +11.5 +6.0 +6.4 +5.0 +5.9 526 +11.8 +8.9 +5.1 +6.5 +4.0 +6.7 +8.5 +7.1 +6.9 +4.0 +7.0 +7.0 +9.5 +7.7 +5.9 +7.1 +8.0 +7.2 +10.5 +7.9 +11.2 +8.9 +4.6 +7.1 +11.7 +8.9 +14.1 +10.6 +10.5 +8.2 +3.4 +5.9 +12.2 +8.3 +8.3 +8.4 +5.2 +6.1 +11.1 +9.7 +7.3 +6.2 +8.8 +8.3 +5.8 +6.9 +7.4 526 +6.8 500 0.46 169,317 0.10 34,972 0.11 25,697 0.43 25,622 0.61 24,089 0.57 18,796 0.20 16,268 0.58 14,766 0.45 14,140 0.10 14,073 0.42 12,518 0.45 11,058 0.45 10,061 0.12 9,072 0.54 7,691 0.71 6,859 0.60 6,813 0.10 6,111 0.21 6,035 0.44 5,513 0.45 4,896 0.90 4,887 0.57 4,826

LEADERS Cohen & Steers Preferred Sec & Inc I (CPXIX) Delaware Extended Duration Bond Inst (DEEIX) PIMCO Real Return Asset Instl (PRAIX) Principal Preferred Securities Inst (PPSIX) GuideStone Funds Ext.-Dur Bond GS2 (GEDYX) Western Asset Corporate Bond A (SIGAX) PIMCO Investment Grade Corp Bd Instl (PIGIX) Delaware Corporate Bond Inst (DGCIX) Nuveen Strategic Income I (FCBYX) Vanguard Long-Term Investment-Grade (VWETX) Managers Fixed Income Inst (MFDYX) BMO TCH Corporate Income I (MCIIX) LAGGARDS SunAmerica 2015 High Watermark A (HWFAX) SunAmerica GNMA C (GNMTX) Dreyfus US Treasury Intermediate Term (DRGIX) American Century Zero Coupon 2015 Inv (BTFTX) American Funds US Government Sec B (UGSBX) MFS Government Securities C (MFGDX) Waddell & Reed Government Secs A (UNGVX) Invesco US Government C (AGVCX) BlackRock US Government Bond Inv C (BIGCX) Putnam American Government Income A (PAGVX) ISI Total Return US Treasury (TRUSX) Fidelity Advisor Government Income C (FVICX) CL CL IP CI CL CL CI CI CI CL CI CI CI GI GI GL GI GI GI GI GI GI GI GI +18.4 +14.5 +13.5 +15.9 +14.3 +13.1 +12.8 +12.4 +11.4 +11.6 +9.8 +10.1 +0.1 +0.2 +1.4 +1.5 +1.8 +1.8 +2.0 +1.8 +2.1 +2.8 +2.0 +2.1 +22.3 +19.3 +18.6 +18.4 +18.0 +16.3 +15.9 +15.4 +14.7 +14.1 +13.5 +13.5 +0.4 +1.3 +1.9 +2.2 +2.3 +2.4 +2.4 +2.4 +2.4 +2.6 +2.6 +2.6 NA +13.7 +12.0 +7.9 +11.5 +6.3 +10.9 +10.1 +8.6 +10.6 +7.5 NA +0.8 +5.1 +5.0 +6.8 +4.9 +5.2 +4.9 +5.0 +4.4 +7.3 +5.9 +5.1 0.75 0.70 0.55 0.75 0.53 1.07 0.50 0.70 0.63 0.12 0.59 0.55 1.40 1.64 0.65 0.56 1.35 1.61 1.00 1.67 1.81 0.44 0.87 1.52 764 379 551 1,814 84 306 4,453 538 537 9,072 59 93 64 61 102 302 109 112 456 72 101 656 78 98

Home Equity
$75K line good credit* $75K line excel. credit* $75K loan good credit* $75K loan excel. credit* 4.23% 4.22 5.25 5.17 4.31% 4.23 5.61 5.43

Sept. 12 Aug. 12

70.3 61.3

20

07

12
2.0

Inventory-Sales Ratio
Monthly Seasonally adjusted

Auto Loan Rates

36-mo. used car 60-mo. new car 3.61% 3.25 4.62% 4.35

0%

July 12 June 12

1.28 1.29

1.0

07

12
+20%

Leading Indicators
Change from previous year 0% 1 2 3 4 5 6 7 8

CDs and Money Market Rates

Money-market $10K min. money-mkt 6-month CD 1-year CD 2-year CD 5-year IRA CD 0.50% 0.52 0.48 0.73 0.86 1.42 0.55% 0.63 0.52 0.82 0.92 1.74

Aug. 12 July 12

+2.1% +1.5

20

07

12
1.0

New Home Sales

Annual rate, in millions Seasonally adjusted

*Annualized. Leaders and Laggards are among funds with at least $50 million in assets, and include no more than one class of any fund. Todays fund types: CIInterm-Term Bond. CL-Long-Term Bond. GI-Interm. Government. GL-Long Government. IP-Inflation-Protected Bond. NA-Not Available. YTD-Year to date. Spotlight tables rotate on a 2-week basis. Source: Morningstar

Aug. 12 July 12
Source: Bankrate.com

0.37 0.37

0.0

07

12

ONLINE: MORE PRICES AND ANALYSIS

*Credit ratings: good, FICO score 660-749; excellent, FICO score 750-850.

Source: Bloomberg

Information on all United States stocks, plus bonds, mutual funds, commodities and foreign stocks along with analysis of industry sectors and stock indexes: nytimes.com/markets

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

B7

Social Media Shopping Sites Pay Users for Links That Sell
From First Business Page ent company of Beso, they could actually be rewarded. Other large social shopping sites and apps, including the Fancy and Pose, recently introduced similar programs, and Referly, a site introduced in May, is entirely based on people referring products to friends and receiving money in return. Referly says 10,000 people have already signed up. The programs are too new to evaluate their financial success, but Web marketers say consumers should expect more similar programs, in part because visitors are no longer offended by the idea. The economic maturity of consumers is, businesses need to make money somehow if theyre going to survive its so ubiquitous now that its expected, said Alicia Navarro, co-founder and chief executive of Skimlinks, which automates referral links for publishers. The sites determine who gets paid through unique links created for each participant. When someone uses a link to visit a retailers site, or buys a product, a payment is deposited into the referring users account. The practice is known as affiliate marketing. Bloggers already use the system and almost all major online retailers are willing to pay for traffic or purchases, Ms. Navarro said. Links can be tracked no matter where a post occurs, meaning a Twitter message, a photo on Pinterest or a Facebook entry can all generate revenue. The social media shopping sites act as a middle man, collecting fees from the retailers and depositing payments into the users online accounts after taking a cut. (Sometimes, sites cut out consumers, too. Earlier this year, Pinterest got into hot water when it quietly adjusted some users links to become affiliate-marketing links, and seemed to be collecting all the revenue for itself. It says it has ceased using affiliate links and declined to comment on whether it would offer users fees from such links in the future.) Beso pays users an average of 14 cents for each click they send to participating retailers, while other companies, like Pose, pay only when a purchase is associated with a link. Payments for purchases average about 5 percent of the price, Ms. Navarro said.

Express Cuts Its Forecast As Promotion Falls Short

By Reuters

CHRISTOPHER BROWN

Lynsey Eaton, who runs the blog Law of Fashion on Pose, said switching to the paid version made her more likely to post links.
The sites and the retailers monitor for spamlike behavior, like tons of clicks from a single I.P. address, and do not pay in those cases. Lynsey Eaton, a Pose user who runs the blog Law of Fashion, said switching to the paid model Ms. Engle of the commissions advertising division said, whether they are in a post or a 140character Twitter post. They can use a hashtag and then ad, and thats only three characters, Ms. Engle said. But there is some disagreement about whether a Twitter post should be treated like a bloggers recommendation and about the changing expectations of financial disclosure on the Web. Linda Goldstein, a lawyer specializing in advertising, said when the F.T.C. issued its blogger guidelines, consumers were much less sophisticated than they are today. Consumers are now being used to generate leads I dont know if that raises the same concerns as an endorsement, said Ms. Goldstein of Manatt, Phelps & Phillips. Youre not expressing an opinion about the product, youre sending it to someone you think might be interested. Twitter and Facebook policies allow individuals to post referralbased links, but both companies say users should disclose that they are getting paid.

The sites argue that their users dont expect everything online to be ad-free.
for Pose images had made her more likely to post Pose links, and had made the service more useful. Instead of just making it an Instagram for fashion, its now shoppable as well, she said. The Federal Trade Commission issued guidelines in 2009 saying bloggers must disclose any paid endorsements, and recently updated them. The guidelines apply to these commission-based links,

CHRISTOPHER BROWN

Instead of just making it an Instagram for fashion, its now shoppable as well, said Ms. Eaton, in some favorite fashions.
So far, the social media companies and their users seem to be largely unaware of how the guidelines apply to them. Dustin Rosen, chief executive of Pose, said he was not clear on whether the guidelines would apply. Beso says its users should add hashtags like #spon, for sponsored, or #paid to links, but stops short of requiring it. Ms. Eaton, the Pose user, says she follows disclosure guidelines on her blog but has not yet done so on Pose. I think this is so new that I havent really honestly thought about how users perceive the fact that people are making money, she said. Ms. Medeiros, who signed up for the Beso pilot program about a month ago, says she doubts that her friends will mind that she makes money from her links. Its extra cash for something that I like doing, she said. Its sort of rewarding to be able to make a few cents from sharing your personal life.

Express Inc. slashed its forecast for the current quarter, highlighting the perils of resorting to promotions that fail to clearly communicate value to the customer, ahead of the crucial holiday selling season. Shares of Express, which caters to 20- to 30-year-old men and women, fell $3.33, or 22 percent, to $11.68, their lowest since the company was taken public in 2010 by the private equity firm Golden Gate Capital. The retailer was forced to discount to clear out inventory and return to affordable tops after a shift to expensive knitted sweaters earlier in the year proved unsuccessful. However, Expresss strategy of offering a discount on a second purchase failed to attract customers as they were left unsure about the value proposition, a Wedbush Securities analyst, Betty Chen, said. The company, which operates more than 600 retail stores, said a shift to simpler discounts helped improve traffic at its stores in the final week of September. They did test a new pricing message by late September that got a slightly better reaction, but that is not enough to salvage the quarter, Ms. Chen said. Express, which is based in Columbus, Ohio, was acquired by Golden Gate from Limited Brands in 2007. The consumer is responding to hard price points as opposed to prices they have to calculate, Neely Tamminga of Piper Jaffray wrote in a client note. Ms. Chen at Wedbush, who expects the coming holiday season to be full of aggressive promotions, said Expresss rivals, including Bebe Stores and Guess, were also likely to resort to heavy discounting to clear inventory. The fashion company Fifth & Pacific Companies Inc. cut its profit outlook on Monday because of difficulties in selling its Juicy Couture brand products at full price.

B8

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

SQUARE FEET
RECENT SALE

$8.57 million
1334 Caffrey Avenue (between Mott Avenue and Davies Road) Far Rockaway, Queens An investor has bought this six-story building with 83 apartments two studios, 30 one-bedrooms and 51 twobedrooms, including 14 two-bedrooms with balconies. The 1965 building has indoor and outdoor parking, as well as a private playground.
BUYER: 1334 Caffrey L.L.C. BUYERS BROKER: Steven Goldstein SELLER: Triloke Realty SELLERS BROKER: Suraj K. Advaney, Tri-

Once Shunned, Now Highly Desirable

Office Rents Around Bryant Park Outperform Rest of Midtown
By ALISON GREGOR

boro Realty and Management

FOR SALE

RUBY WASHINGTON/THE NEW YORK TIMES

$2.9 million
136 West 22nd Street (between Avenue of the Americas and Seventh Avenue) Manhattan This nine-story Chelsea apartment building is offering a duplex ground floor commercial condominium. The space features a 2,853-square-foot ground floor space, with two staircases leading to a 2,543-square-foot lower level and a backyard. Monthly common charges are $1,518; yearly taxes are $52,000.
OWNER: 36 West 22nd Street Ownership Group BROKERS: Perry Rothenberg, JDF Realty; and Mary Zahoudanis, Rutenberg Realty

RECENT LEASE

$102/square foot
$48,858 approximate annual rent

2121 Frederick Douglass Boulevard (between 114th and 115th Streets) Manhattan A yogurt shop has signed a 10-year lease for 479 square feet on the ground floor of this five-story walk-up, its second Harlem location.
TENANT: ChillBerry Frozen Yogurt LANDLORD: Morningside Partners BROKERS: Faith Hope Consolo, Joseph

ROSALIE R. RADOMSKY

e-mail: realprop@nytimes.com

High-rises near the park have been upgraded to top-tier office space.

FIF

Aquino and Arthur Maglio, Prudential Douglas Elliman

For decades, Bryant Park was known as an enclave of unsavory characters and menacing panhandlers, making the park an obstacle to the development of Midtown Manhattans office district. But in the 1990s, the park was transformed into an urban oasis where office workers lunch and city dwellers gather to watch outdoor films. Since then, attitudes toward the park have decidedly changed, and rising office rents in buildings on the park have resulted in the area outperforming the rest of Midtown. A study of 13 buildings surrounding Bryant Park conducted by the commercial real estate brokerage Jones Lang LaSalle found a vacancy rate that stood at 3.8 percent in the second quarter of 2012, while Midtowns vacancy rate hovered around 11.5 percent. For that same period, office rents in those buildings around the park were $78.29 a square foot, while Midtown rents in general were $63.40 a square foot. Jones Lang LaSalles data showed that Bryant Parks office rents first diverged from the rest of Midtown and started taking off around 2003, shortly before construction began on One Bryant Park, a 51-story, 2.1 million-squarefoot office tower on the northwest corner of the park, anchored by the Bank of America. Since then, a handful of other highrises around the park have undergone extensive renovations to upgrade them to top-tier office space. Still to come is another overhaul of an existing highrise, 475 Fifth Avenue on the east side of the park, as well as construction of a new 28-story office tower on the southwest corner of the park, to be called 7 Bryant Park. The new buildings and the substantial upgrades for existing buildings all serve to help solidify the areas status in the commercial real estate market. Bryant Park is now established as a hub of top-priced office space, and the park itself is the nucleus of this submarket, said Mary Ann Tighe, a chief executive of the New York tristate region at the CBRE Group, a commercial brokerage firm. Viewing the Bryant Park area as a submarket may sound logical, but it actually required a drastic shift in thinking for New Yorks commercial real estate world. Midtown Manhattans office district is scored by 42nd Street, a line that for decades separated the premium office buildings to the north from those to the south that were considered less desirable, Ms. Tighe said. Its pretty funny, but in New York, you can be a block south of a dividing line, and people immediately apply a discount factor, she said. Since the northern side of Bryant Park is bordered by 42nd Street, that discount factor traditionally applied to most of the office buildings around the park until recently. Ms. Tighe said that some canny commercial real estate investors, recognizing that perceptions of Bryant Park were changing, had bought buildings on the park for southof-42nd-Street prices in the hopes of renovating and capturing northof-42nd-Street rents. Two buildings whose owners have done that successfully are 1095 Avenue of the Americas, on the parks west side,

RUBY WASHINGTON/THE NEW YORK TIMES

Bryant Park, once a haven for muggers and panhandlers, but now an urban oasis, is seen from 452 Fifth Avenue.
and 452 Fifth Avenue, on the southeast corner of the park, Ms. Tighe said. Not a single one of the tenants moving in there now say, Oh my goodness, were two blocks south of 42nd Street, she said. In fact, what they say is Wow, were on Bryant Park in a great building. At the 30-story 452 Fifth Avenue, the last phase of about $32 million in capital improvements and renovations is being completed, said Ehud Elizur, the president of PBC USA Real Estate, a subsidiary of the Public and Building Corporation, an Israeli public company, which is in turn the real estate arm of IDB Group. The company purchased the building for $353 million in 2010. From May through December 2011, PBC was able to lease 14 of 18 available floors to financial and law firms, which will begin moving in at the end of this year. While Mr. Elizur did not reveal those rents, the small amount of space currently
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THE NEW YORK TIMES

available in the building has asking prices of $90 to $100 a square foot. In the fourth quarter of 2012, PBC will also begin marketing the top three floors of 452 Fifth Avenue, where asking prices will be at least $100 a foot. Asking rent for unrenovated space in the area would probably be closer to $50 a square foot. The pension fund giant TIAA-CREF hopes to pull off a similar transformation at 475 Fifth Avenue, a 24-story, 280,000-square-foot tower it purchased in 2011 for a reported $144 million. TIAACREF plans to do a major overhaul to turn the 86-year-old office building into a jewel box of a tower, said Frank Doyle, a vice chairman at Jones Lang LaSalle, though he would not reveal what asking rents would be charged when the building is completed at the end of 2013. They believe in this submarket so much, he said. Bryant Park really has become its own little submarket, just because of the transformation of these iconic buildings. On a site at the southeast corner of the park that is owned by the investment company Pacolet Milliken Enterprises, construction will begin in November on a 28-story tower to be called 7 Bryant Park. The investment company selected Hines, an international real estate firm, to assist in the towers development, and the tower should be completed by late 2014. CBRE is handling leasing for 7 Bryant Park. Ms. Tighe said that the tower was designed by the architect Henry N. Cobb of Pei Cobb Freed & Partners, with a nod to Bryant Park as the lifeblood of the neighborhood. Henry made the decision right off that the building needs to gesture to Bryant Park, she said. It needs to pay respect to the great park that sits there, and you see how the building cants toward the park.

Tommy Craig, a senior managing director of Hiness tristate operations, said the company had been watching Midtowns office district creep south and west for three decades. Getting involved in the 7 Bryant Park project seemed like a beneficial move as Bryant Park became more central to Midtown. With no other opportunities for largescale development of office space around the park, Mr. Craig said that in an interesting way, our project will complete the square around Bryant Park. One way in which the park neighborhood could still improve is in its selection of retail stores, brokers said. To

A site that stretches the high-rent district a couple of blocks south.

that end, the real estate firm Blackstone Properties of New York has begun an upgrade of retail space in two buildings it owns on the park, 1095 and 1065 Avenue of the Americas. Theres not a lot of places to shop, so if I needed to run out and get a tie or buy a gift for a friend or my wife, theres not a huge choice of options, said Josh Glick, a vice president of Equity Office Properties, a subsidiary of Blackstone. Mr. Glick said that 40,000 square feet of space was available at 1095 Avenue of the Americas and most likely some time next year another 40,000 square feet of space would be marketed at 1065 Avenue of the Americas. Asking rents are at a sizable discount to Times Square rents certainly, and Fifth Avenue rents, he said, and major global brands have been showing interest.

THE NEW YORK TIMES BUSINESS WEDNESDAY, OCTOBER 3, 2012

B9

SQUARE FEET

THE 30-MINUTE INTERVIEW

D O NA L D C . WO O D

Mr. Wood, 52, is the chief executive and president of Federal Realty Investment Trust in Rockville, Md., which owns and operates shopping centers. Mr. Wood joined the company in 1998 as chief financial officer. He became chief operating officer in 1999 and chief executive in 2002. Interview conducted and condensed by VIVIAN MARINO

RICHARD PERRY/THE NEW YORK TIMES

Q. What changes have you made at Federal Realty over the last nearly 10 years? A. Our company has always been all about high-quality retail real estate, but we had lost our way a bit in the 90s and my job was really to come in and settle things back down. It was to bring us back to basics. We sold, we bought, we built. We had purchased in the 90s a lot of smaller buildings, and I sold a lot of those buildings to concentrate on larger pieces of real estate. Q. Whats the average size of property in your portfolio? A. The average strip shopping center in this country is 125,000 square feet, and what that usually means is a grocer thats 40,000 or 50,000 and a CVS or Wal-Mart thats 15,000 or 20,000, and small shops. The average Federal Realty center is over 230,000 square feet.

called Huntington Square. Were now in the middle of a major redevelopment at Huntington Shopping Center, which is next to Simons Walt Whitman mall. Were looking to redevelop Fresh Meadows in Queens. We have a building in Forest Hills. We have a hit list, and for us its not about whats for sale. Its about what wed like to own and then working with those owners for years and years and years. We have a hit list thats over 700 props nationally. One of the reasons Im up here now is to look at a property in northern New Jersey.
Q. So do you expand mostly through acquisitions, as opposed to new development? A. We do both. Weve developed 20 percent and acquired 80 percent over the last 50 years. Q. How many deals or projects do you have in the pipeline? A. To me every lease is a deal. We do about 330 deals leases a year. Every year: about 1.2 million square feet of new or renewals. Thats always giving us an opportunity to create more value. Q. How would you describe your tenant mix?

Penthouse Offices Leasing Slowly in Midtown

By C.J. HUGHES

property over all?

Q. How do you categorize your

A. The best real estate portfolio in the country. We have more people within three miles of Federal Realty shopping centers, who have higher household incomes and with the least amount of retail per capita. Q. So upscale strip mall? A. Im not going there.

People love to ask: Is it a strip center? Or a grocer-anchored strip? Is it a mall? Is it a power center? I dont care. You know who doesnt care what you call them? Customers who are simply trying to find the retail that works for them and tenants who are looking for the right kind of storefront and environment. Some of our property includes street retail with apartments on top, offices on top, a hotel in the middle. Youd see power centers with a big Bed Bath & Beyond, a PetSmart and a Dicks Sporting Goods. I would call them hybrid centers.
Q. The company seems to be moving more toward mixed-use developments. A. It is. We were one of the first companies to do mixed-use back in the 90s, and we learned a lot. We didnt do it all that well at certain times. But when you look at what is sustainable in terms of peoples lifestyle, mixed-use can work real well. It has to be in the right place. Weve got large mixed-use projects in San Jose, Calif.; the Silicon Valley; in Bethesda, Md.; and were building one outside Boston called Assembly Row. Q. What percentage of your property is in the New York area? A. Not nearly enough from my perspective. Its only about 10 percent of the company. Q. So is expansion in the New York area one of your goals? A. Yeah, it is, particularly in northern New Jersey and Westchester. A year ago we bought another property in Huntington,

than 2.8 percent of our revenue stream. We dont want anybody to be overly dominant in our portfolio. Were diversified geographically and by product type.
Q. You do have a number of highend retailers like Gucci. A. Were more upper-middle, so its the Anthropologies, Urban Outfitters, Diesels; and then the necessity base, the grocers, the drugstores, the fitness clubs. And mom-and-pop stores. Q. Lets talk numbers now. A. Were over 94 percent leased. Wed been as high as 96 percent, in 2004-5, and as low as 92 percent, three years ago. If you look at the last five years, the best of times were in 2007; the worst of times were in 2008 and 09; and then purgatory ever since. Our average rent per square foot is over $20. The market value is nearly $30. As leases expire, we generally roll rents up. Average lease length is seven years, but there are a lot of fives and fifteens. Anchors are longer theyre 15, 20 or more. Q. How much debt does Federal Realty have on its properties, on average? A. Thirty percent debt, 70 percent equity. Q. Where would you like to take the company in the next five to 10 years? A. I love the trend that were on. I also want to be the most boring guy in the business. I want people to think, Oh we know Federals results are going to be great and that Federals properties are going to do well. We dont need to check on Wood; hes so boring. I truly want to be Mr. Boring. And I think weve gotten there.

A. No one tenant makes up more

From a residential standpoint, 2012 might be considered the year of the penthouse. Rooftop apartments with stunning views and sky-high price tags have seemed to change hands every few months in New York, smashing sales records in the process. The top floors of Manhattans office buildings can be just as dazzling, but lately their leasing prospects seem to have come back down to earth. In premier Midtown buildings, more than a half-dozen penthouses are now available, which is more than in recent memory, according to brokers, landlords and industry analysts. Many of them have been empty for more than a year. Those vacancies can in part be explained by a sluggish Midtown leasing market, whose vacancy rate has been stuck around 11 percent, they say. But penthouses, which often have cavernous rooms and quirky layouts, can present their own hurdles. Because they are usually the priciest of a buildings units, cost can be a deterrent. Current average asking rents are $158 a square foot, according to CBRE, the commercial brokerage, versus $113 for lower floors. But while lower floors may have comparable views, penthouses can boast singular perks, like the duplex that crowns 623 Fifth Avenue, at East 50th Street, which is flanked by wide planterlined terraces. We can provide a place where tenants can sit outside and enjoy views of New York that are second to none, said David Nevins, senior vice president of leasing for Cohen Brothers Realty Corporation, the buildings owner. On a recent tour of the space, Mr. Nevins pointed out the Chrysler Building, Bank of America Tower and 30 Rockefeller Plaza, as well as Rockefeller Centers skating rink. He said the 21,000-square-foot space previously was occupied by the investment bank Merrill Lynch and used mostly for meetings and parties. The space takes up the entire 35th and 36th floors, has wood paneling and wall-to-wall carpeting, and a large kitchen. In a stronger market, the penthouse, which has been available since March, could probably fetch annual rents of $150 a foot, but will likely end up leasing for between $100 and $125 a foot, he said. Its pretty, we know that, but we also understand the realities of the market, Mr. Nevins added.

PHOTOGRAPHS BY TINA FINEBERG FOR THE NEW YORK TIMES

David Nevins, top, of Cohen Brothers Realty, at 623 Fifth Avenue. Above, Brian Gell of CBRE, at 535 Madison Avenue.
Large floor plates for these kinds of spaces arent that unusual. The penthouse duplex on the market at 499 Park Avenue, at East 59th Street, owned by Hines, totals 18,200 square feet. But more common among the current batch is the penthouse at 535 Madison Avenue, at East 54th Street, a 1984 building owned by the Park Tower Group. The space, which is perched on the 37th floor, measures 9,500 square feet space, has been available Indeed, six passenger elevators travel from the lobby to the 47th floor at 599 Lexington Avenue, at East 53rd Street, an 8,600square-foot space offering views of a glittering East River. Boston Properties is asking $110 a foot in rent for the office, which has been on the market for a year. Its size may be a factor. Most office deals are for 5,000 square feet or less, said Mr. Levin, who may ultimately divide the space in half to make it easier to lease. Similarly, several offices could be carved out of 30th-floor space atop 510 Madison Avenue, an 11,500-square-foot spread with Central Park views, Mr. Levin said. Columnless, with 14-foot ceilings, its in a new building whose basement fitness center features a skylight-topped twolane pool. Boston Properties, which bought the building in 2010 before completing its construction, is asking $145 a foot, though there have been no takers in a year and a half. That delay may not be surprising. Penthouses arent one size fits all, Mr. Levin said. Theyre one size fits one. Brokers say that the kinds of tenants most likely to fill these lofty perches would be in finance, especially managers of family trusts or hedge funds looking to make a statement. Lower-elevation spaces are vacant, too, like the duplex penthouse at 681 Fifth Avenue, which is owned by Metropole Realty Advisors and encompasses the 17th and 18th floors of a recently

Price, size and layout can be a deterrent to transactions.

since early 2012 and is asking $125 a foot, according to Brian Gell, the CBRE broker who is marketing it. While the triangular space lacks outdoor space like a traditional penthouse, it does offer ceiling heights of 26 feet, which easily beats most of its competitors, Mr. Gell said. Reached by a private elevator from the 36th floor, the office is also secure, which the financial tenant that probably ends up there will like, he added. All penthouses are not created equally, Mr. Gell said. Some are truly very special spaces, and some are just the top floor of a building. But having to transfer elevators to get to work can be a nuisance, says Andrew Levin, a senior vice president of leasing for Boston Properties, the developer, whose two available Midtown penthouses trumpet their direct elevator access.

renovated 1912 building by McKim, Mead & White. Its 7,600 square feet, which include internal stairs, 30-foot ceilings and two terraces, have been available since early 2011. Perhaps in a nod to how difficult it can be to price penthouses accurately, brokers for this space wont pinpoint an asking rent, saying only that they expect it to go for at least $100 a foot. We want people to come and see it, said Mark Mandell of Cushman & Wakefield, who is marketing it. I know that sounds a little out of the ordinary, but its a strategy. Not all commercial penthouses are dark. Those atop the citys most prestigious office buildings are leased, especially in and around Midtowns Plaza District. Examples include the GM Building, at 767 Fifth Avenue; and Carnegie Hall Tower, at 152 West 57th Street, which are leased, brokers say. But while some commercial penthouses have struggled, their residential counterparts have soared. A 6,700-square-foot penthouse at 15 Central Park West, was listed last November and sold three months later for $88 million, a record. The duplex penthouse at One57, a new condo at 151 West 57th Street, went into contract soon after for more than $90 million, said Extell Development Company, its developer. If the competition for tenants for Midtown penthouses is now stiff, it could soon get fiercer. Planned arrivals include 250 West 55th Street, a new high-rise at Eighth Avenue from Boston Properties, whose 38th floor will have 14-foot ceilings. And the International Gem Tower, which Extell is building at 50 West 47th Street, will offer a 34th-floor perch when it opens next summer. Also expected to vie for the handful of tenants that could take a penthouse is a downtown building, the 72-story Four World Trade Center, which is set to be completed in 2013.

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B10

WEDNESDAY, OCTOBER 3, 2012

The Pennant Races

Title Is in Reach After 2 Hits Arent

Homer and Single By Ibanez Set Up Final-Day Drama
By DAVID WALDSTEIN

Yankee Stadium was a damp and dreary place for eight innings Tuesday night. Fans sat through a steadily falling mist waiting for nearly three hours for their team to finally get a hit at a critical moment, growing increasingly agitated with each failed opportuni4 ty against the YANKEES Red Sox, a last- RED SOX 3 place team play12 innings ing for nothing. So when Raul Ibanez hit a two-run pinch-hit homer in the ninth inning that tied the score, 3-3, they exploded in celebration, and it seemed victory was inevitable. More frustration, however, would ensue. The Yankees squandered opportunities for two more innings after Ibanezs home run before they finally capped one of their most memorable games of the season, a contest that took 4 hours 9 minutes to complete. Once again, Ibanez delivered the key hit. The 40-year-old outfielder slashed a two-out single in the 12th to give the Yankees a come-from-behind 4-3 victory that trimmed their magic number to win the American League East to one game. It was the first time in 59 games that the Yankees won after trailing after eight innings. The Yankees also have a chance to finish the regular season with the best record in the American League, which would ensure home-field advantage in the second round of the playoffs, if they get that far. I feel really blessed to be a part of this great tradition, legacy of the Yankees, Ibanez said. To get an opportunity like that to help the team win, its definitely special." If the Yankees beat Boston on Wednesday in the final game of the regular season, they no longer need to watch at the out-of-town scoreboard to gauge their status. They will win their 13th division title since 1996 and can begin preparing for a bestof-five division series. Hiroki Kuroda will get the ball against Daisuke Matsuzaka, who is 1-6 with a 7.68 earned run average. If you win, you win the division, thats the bottom line, Manager Joe Girardi said. And we have a chance to have the best record, and thats a good feeling, that you can control that. The Orioles beat the Tampa Bay Rays, 1-0, and remain a game behind. But if they win on Wednesday and Continued on Page B13

Bearing Down On Triple Crown

BARTON SILVERMAN/THE NEW YORK TIMES

Raul Ibanez hit a two-run homer to right in the ninth to force extra innings and then beat the Red Sox with a seeing-eye single to left in the 12th.

Miguel Cabrera had two hits and drove in two runs and leads the American League in the triple crown categories. Page B12.

One Big Swing Keeps the Orioles Alive

ST. PETERSBURG, Fla. That was Chris Davis, all right, standing by his locker in the visiting clubhouse Tuesday night, answering questions about his teams latest victory and his six-game home run streak. But his mind was not really there. In spirit, Davis was more than a thousand miles away, engrossed in the Yankees game playing on the television hanging ON from the ceiling in the center of the BASEBALL room. Davis, the Baltimore Orioles right fielder, trained his eyes on the screen, over the heads of the reporters. A first-place tie was just three outs away. Davis finished his interviews and moved closer to the television, just as Raul Ibanez lined a

TYLER KEPNER

game-tying, ninth-inning homer into the rightfield seats. Groans rang from all corners of the Orioles clubhouse, and creative expletives went flying. But Davis could only sigh. Ibanez, a gentleman of the game, could not draw his ire. Why does he have to be a good guy, too? Davis said. As the room cleared out, the Orioles headed for their team hotel knowing only that their 1-0 victory over the Tampa Bay Rays assured that they could not be eliminated from the American League East race. Only later, after Ibanezs gamewinning single in the 12th, would they learn that they remained a game behind the Yankees. The Orioles will start Chris Tillman on Wednesday and hope he can match the kind of

pitching they got on Tuesday. The Orioles, who have clinched at least a wild card, took the best from the Rays James Shields who set a club record with 15 strikeouts and allowed only two base runners and came out a winner thanks to one mighty swing. Hes a strong guy, catcher Matt Wieters said. When he gets ahold of one, thats what he does. Davis, who tied Reggie Jacksons 1976 club record for consecutive games with a homer, obliterated a high changeup onto the roof of a restaurant in center field. Miguel Gonzalez and three relievers made it stand up, holding the Rays to two Continued on Page B13

MARC SEROTA/GETTY IMAGES

A Second Chance Ends With a Strikeout

Seven years after he was hit by a pitch in his only major league plate appearance, the Marlins gave Adam Greenberg a second one. He struck out. Page B13.

HOLMES PROBABLY OUT FOR SEASON

Santonio Holmes, the Jets top receiver, is all but certain to miss the rest of the N.F.L. season with a serious foot injury. Page B11.

N.H.L. Player Becomes the Forward of Nottingham

By SARAH LYALL

SHEFFIELD, England As a forward with the Carolina Hurricanes in the N.H.L., Anthony Stewart earned $800,000 last season. But in his temporary job playing for the Nottingham Panthers in Britains Elite League, he is making, basically, nothing. Its not necessarily about the money, said Stewart, who is staying for now in a $97-a-night Nottingham hotel conveniently located, its Web site notes, near the bus station and a local Hooters. Ive been sitting around the last two weeks doing informal skates on my own, and its good to just get out on the ice and get some full-blown game action. Put out of work by the N.H.L. owners lockout, now in its third week, some 75 N.H.L. players have signed or agreed to

sign temporary contracts with wellknown teams across Europe, in places like Russia, Switzerland and the Czech Republic. Stewart is the only player so far to sign with the Elite League, a league so obscure in this soccer-, cricket- and rugby-preferring nation that many Britons do not even know it exists. Its a minority sport in this country, said Gary Moran, the Panthers general manager, who was answering the Panthers phone the other day, the office manager having stepped out. Stewarts agent, Eustace King, said that the point was to give Stewart playing time so he would remain in gameready shape and perhaps improve before returning to the Hurricanes, for whom he was coming off indifferent Continued on Page B14
ANDREW TESTA FOR THE NEW YORK TIMES

Anthony Stewart, second from left, an N.H.L. forward, has joined the Nottingham Panthers of Britains Elite League. His signing was considered a coup.

ELSA/GETTY IMAGES

THE NEW YORK TIMES SPORTS WEDNESDAY, OCTOBER 3, 2012

B11

PRO FOOTBALL
THE FIFTH DOWN

In Falcons Start, Star Power to Spare

By CHASE STUART

BEN SOLOMON FOR THE NEW YORK TIMES

Santonio Holmes, the Jets top receiver, sustained a serious left foot injury on Sunday. The team had already lost Darrelle Revis.

Jets Holmes Is Probably Out for Rest of Season

By BEN SHPIGEL

A month into a season that is already teetering, the Jets have lost two games, and their two best players. Their faint hope that Santonio Holmes had avoided a serious left-foot injury was dashed Tuesday, when the Jets learned that he is all but certain to miss the remainder of the season. It is a demoralizing, if not completely unexpected, development for a team already reeling from losing Darrelle Revis to a torn knee ligament and, more specifically, for an offense that bumbled its way Sunday to 145 yards, the fewest yards in Coach Rex Ryans 52-game tenure.

Holmes sustained the injury to his Lisfranc ligament, a band of tissue that connects the front of his foot to the midfoot and is essential in maintaining the foots alignment in the fourth quarter of the Jets 34-0 loss to San Francisco on Sunday. It is not an uncommon injury among football players. In recent years, it has sidelined Justin Tuck and Michael Strahan of the Giants, among others, and last season it knocked out Houston quarterback Matt Schaub, but it is a particularly painful one that includes a long recovery. Holmes left MetLife Stadium on Sunday on crutches, his foot in a walking boot. At his news conference Mon-

day, Ryan was asked specifically about the potential for a Lisfranc injury. You know what? Its hard to say, Ryan said then. I dont know what its called. We know its a foot injury and things like that. Are they ready to say that yet? Im not sure, because quite honestly, I have no idea what that is. Now they most certainly do. The team did not release an update on Holmess status, but a football executive with knowledge of the injury confirmed it. The Jets will have a better idea about how much time Holmes will miss Wednesday, when Ryan will address the issue at his afternoon news conference.

Holmes and quarterback Mark Sanchez overcame some miscommunication issues in Pittsburgh on Sept. 16, to combine for an ugly victory the next week against the Dolphins in Miami as Holmes caught nine passes for 147 yards. His 38-yard catch in overtime set up the winning field goal. Sanchez has targeted Holmes 41 times. Jeff Cumberland, with 20, ranks second. Without Holmes, the Jets have an inexperienced and diminished receiving corps. Only Jeremy Kerley, Chaz Schilens and Clyde Gates are healthy, and the rookie Stephen Hill, who missed Sundays game with a hamstring injury, was held without a catch in his previous two games.

If The Associated Press named a most valuable player of the first quarter of the season, Atlanta Falcons quarterbackMatt Ryan would be the likely selection. The Falcons lead the N.F.C. in points scored and remain undefeated (4-0) despite a less-than-stellar defense, large part because of Ryans league-leading 112.1 passer rating. He has thrown 11 touchdown passes and only 2 interceptions; no other quarterback has a positive differential of more than six in those categories. Ryan is averaging 7.9 yards an attempt as part of a ruthlessly efficient Atlanta offense. On Sunday, the Falcons trailed the Carolina Panthers, 28-27, with the ball at their 1 and only 59 seconds remaining. On the first play, Ryan faked a handoff and threw a deep pass along the left sideline to Roddy White for 59 yards. A few plays later, Matt Bryant kicked the winning 40-yard field goal. According to Scott Kacsmar, a statistician who goes by Captain Comeback, that was Ryansthirdgame-winning drive that started with less than one minute remaining, trailing only Dan Marino and Mark Sanchez (four each) for most oneminute game-winning drives since 1981. But dont give Ryan all the credit: hes playing with one of the best supporting casts in the league. White has been an elite wide receiver for years but has not received a level of national attention befitting that status. White has 6,835 receiving yards since 2007, the most in the N.F.L. during that time frame. Over that span, only Wes Welker has more receptions. With 413 receiving yards already in 2012, White looks ready to have another dominant season. As good as White is, many view him as the Falcons secondbest wide receiver. The second-

year star Julio Jones is one of the games best young players, although his numbers have yet to reflect his ability so far in 2012. After a 108-yard, 2-touchdown performance in Week 1, Jones has had diminished production, in part because of a hand injury, but he is still giving defensive coordinators nightmares. Then theres Tony Gonzalez, the likely Hall of Fame tight end. He leads all tight ends in 2012 in receptions and trails only Philadelphias Brent Celek in receiving yards. Earlier this year, Gonzalez moved into second place in N.F.L. history in career receptions behind Jerry Rice. If he can reach 93 receptions, he will set the record for receptions by a player 36 years or older (held, of course, by Rice). Gonzalez isnt the only geezer (in N.F.L. years) producing for Atlanta. Many were ready to write off the 30-year-old running back Michael Turner, but he rushed 13 times for 103 yards against the Panthers. But thats just the side story: Turner, a 10-year veteran, also caught a short pass and turned it into a 60-yard touchdown, the first receiving touchdown of his career.

Around the League

The Texans became the 14th team since 1970 and the first since 2007 to win three of their first four games by at least 20 points. Next up for Houston? A game Monday night at MetLife Stadium against the Jets, who lost their last game by 34 points. . . . Buffalos Ryan Fitzpatrick leads the league with 12 touchdown passes. Unfortunately for Bills fans, he also led the league in interceptions through Sunday night, with seven, until he was passed by Tony Romo, with eight, after Romos five-interception game against Chicago on Monday night.

COLLEGE FOOTBALL
ESSAY

New Orleans Roots for Injured Player and Forgotten Program

By BRETT MICHAEL DYKES

NEW ORLEANS In the weeks since Tulane safety Devon Walker sustained a devastating spinal injury against Tulsa, an unusual occurrence has taken place here: New Orleanians have rallied around the Tulane football program. The team is a regular topic to be covered by the local news media. Tulane students have organized Walker-inspired rallies. Devon Numerous Walker hastily planned fund-raisers have resulted in considerable donations for Walkers care. Locals who rarely, if ever, give even a passing thought to Tulane football have been talking about going to games. A home game against Mississippi on Sept. 22 drew a shade under 29,000 people a colossal crowd by recent Tulane attendance standards and people all over town that day could be seen wearing T-shirts in support of Walker. This was a stark contrast to what you would have seen in New Orleans home to Tulane, a private university, and its nearly 14,000 students on the Saturday Walker was injured. You could have spent the entire day traversing the city and not come across a single person wearing Tulane apparel. You would have seen plenty of football fans, mind you. There were numerous people wearing New Orleans Saints and Louisiana State Tigers apparel, and a healthy sampling wearing clothes with the logos of the Washington Redskins and the Washington Huskies the respective opponents for the Saints and the Tigers that weekend. But on Sept. 8, it would have been nearly as likely to spot a Yeti strolling down Bourbon Street sipping a Sazerac from a go-cup as to have laid eyes on someone dressed in a manner designed to convey enthusiasm for the Tulane football program. I know this because I rode a bike around the city that day casually looking for Tulane fans. I failed to spot a single one. I had not set out with the goal of seeing such a person, but after a while, the absence became conspicuous. How did this happen? This is, after all, a program with some history behind it, a former member of the Southeastern Confer-

CHRIS GRAYTHEN/GETTY IMAGES

Above, Tulane volleyball team members selling shirts to support safety Devon Walker, who sustained a devastating spinal injury Sept. 8. Left, the first-year coach Curtis Johnson.
area. Holiday flights to and from the Northeast may be filled with more Tulane students than the student section at some home games. Im from the New Orleans area and I know more Tulane graduates from my time living in New York than from all the years Ive spent in south Louisiana. And with a local economy that for years has lacked diverse employment opportunities, few Tulane graduates stick around to establish roots after they finish college, creating a phenomenon in which much of the universitys alumni base resides far from campus. In a recent interview, Tulanes athletic director, Rick Dickson, said that the unbelievably diverse mix of students was one of the great selling points about Tulane, but acknowledged that it did present challenges when trying to maintain a fan base. (There were reports that less than 1,000 people showed up for Tulanes home game with TexasEl Paso last year, a number university officials have disputed.) Dickson, in fact, had just returned from a trip to New York to speak to alumni groups and attend fund-raisers. I spend a lot of time up there, he said. I distinctly remember encountering local residents who were die-hard Tulane fans when I was growing up. Frequently, they had not attended Tulane nor did they socialize regularly with the universitys graduates. Instead, these were working-class people who, presumably fueled by the same provincialism that leads many New Orleanians to believe that everything in their ecosystem is superior to everything outside of it, were simply fiercely loyal to Tulane football. They hated L.S.U. Where else could they turn? I thought that if I did some pok-

BILL HABER/ASSOCIATED PRESS

ence that still has more league titles (three) than five of the SECs current members and thats not even including Texas A&M and Missouri, both in their first season in the conference despite having dropped out nearly 50 years ago. So how did a major college

football team smack in the middle of a football-mad region become such an afterthought? There are a few obvious reasons. First, Tulane hasnt had a winning season in a decade (it is 0-4 this year). Second, the majority of Tulanes student body hails from outside the New Orleans

ing around within my network of friends and associates that I could turn up a few of these folks, but no such luck. A common response to my queries was that people used to know a Tulane loyalist an uncle, a colleague, someone from their neighborhood but that the person was now, well, dead. Semi-exasperated, I reached out to the Tulane athletic department multiple times hoping that they could put me in touch with a die-hard fan or two, but no one ever got back to me. This leads me to believe that the local bluecollar Tulane fan I remember from my youth is either seriously endangered or extinct. But as distressing as this sounds, a healthy amount of optimism about the future of Tulane football exists these days. For one thing, the university recently cleared the final hurdles to begin construction on a 30,000-seat oncampus stadium that will be ready for the 2014 season. We think itll change the game for us a lot, and we think this is the most important and impactful way to show that weve got a stake in the ground, Dickson said. The Superdome is a magnificent facility, but its just not conducive to college football. Dickson added that the universitys former on-campus facility was once the centerpiece of football culture in New Orleans, something he hopes the new stadium can at least partly reclaim. Additionally, the talent-laden inaugural recruiting class assembled by the first-year coach Curtis Johnson has generated buzz the first time that has happened in a while and 12 of the 17 recruits are products of local high schools. According to Dickson, when Tulane takes the field in 2013, at least half of its roster spots will be filled by Louisiana athletes, the first time that has happened since the 1990s and, for Dickson, a source of hope. This thing is not going to turn around overnight, he said. But its going to turn around. Meanwhile, Devon Walkers family spoke publicly for the first time last week, expressing gratitude for the outpouring from the community. Its such a humbling experience, Yolan Walker-Bender, Walkers sister, told the CBS affiliate in New Orleans at a fundraiser for Devon. We appreciate everything that everybody has done. All the prayers. All the support.

B12

THE NEW YORK TIMES SPORTS WEDNESDAY, OCTOBER 3, 2012

BASEBALL
ROUNDUP

Even on Day of Rest, Nationals Find a Way

By The Associated Press

EZRA SHAW/GETTY IMAGES

With a victory against the Texas Rangers in Oakland on Monday, the Athletics clinched their first postseason berth in six years.

Trying to Build for Future, As Win in a Hurry

From Page A1 science, said Ron Washington, the former As coach who now manages their rivals the Texas Rangers. Theyre not afraid of nobody right now. Moneyball told the tale of Billy Beane, the teams brilliant general manager, who found novel ways to define how and why players are valuable and then acquired valuable players on the cheap. With his cutting-edge methods, he built a winning team and annoyed the sports establishment along the way. Beane, played by Mr. Pitt in a performance that drew an Academy Award nomination, is still in charge of the As, and he has not abandoned his beliefs. But the teams success this season, to be frank, was not supposed to happen. The Athletics, entering the seasons final two games, could finish with the best record in the American League. This is a team that knows it can do a lot of things, Jarrod Parker, one of the five rookies in Oaklands starting rotation, told reporters Monday after a victory that clinched a playoff spot. Its no surprise to me. It might be a surprise to everybody else. Michael Lewis, the author of the book Moneyball, on which the movie was based, said of the 2012 team: The spirit of the thing still feels kind of the same. I still feel like they look different from other teams. There is this misfit-toys quality to them. If the Athletics lacked outsize ambitions at seasons start, they have had plenty to overcome to mount their outsiders run. The teams top two starters were both lost for the season, one of them struck in the head by a line drive on Sept. 5. The other, Bartolo Colon, was suspended for 50 games after testing positive for a banned substance. (It might be noted that Charlie Sheens character in Major League was never drug-tested.) Through Monday, the teams offense had provided enough runs to win games despite producing the fifth fewest hits in the majors. Relying on home runs to make up for a dearth of base runners, Oakland was just 15th in runs scored. The modest offensive output was not unexpected, for the Athletics theme heading into the season had appeared to be capitulation rather than triumph. Beane raised eyebrows by trading away the teams top starting pitchers, Gio Gonzalez and Trevor Cahill, and the teams closer, Andrew Bailey, in costcutting moves that yielded 10 prospects. He also let Josh Willingham and David DeJesus, twothirds of the 2011 starting outfield, leave via free agency. Gonzalez has won 21 games for the Washington Nationals and could well win the National League Cy Young Award. Willingham has hit 35 home runs for the Minnesota Twins. Beanes moves were designed for the future. The club, long beleaguered by meager attendance, wants badly to relocate to San Jose, to draw fans, and, yes, make and spend money. That place is a pit, Mr. Lewis said of the clubs current home, the Oakland Coliseum. Its a horrible place to try to run a baseball team from. But it makes his life more interesting. Operating with constraints, in a lot of ways, is more energizing than not having them. It forces him to think about things differently. In some weird way, I bet it makes Billy better at his job. Beanes decisions, made with an eye on the horizon, have certainly affected the present in a fantastic way. Most significant has been the production of the teams rookie pitchers. Parker (acquired in the Cahill trade) and Tommy Milone (acquired in the Gonzalez trade) have led the way. The bullpen has been excellent as well, with Ryan Cook (also acquired for Cahill) being one of the teams best relievers. Outfielder Josh Reddick, acquired from the Boston Red Sox as part of the Bailey trade, had 32 home runs through Monday, the most on the team. Yoenis Cespedes, the mysterious Cuban, was signed to a four-year, $36 million contract that seemed incongruous with Beanes other moves. He has rewarded the faith by batting .290 with 23 home runs and 16 stolen bases. As a result, the Athletics have been among the most exciting teams in baseball, winning 14 games in the teams final at-bat, tops in the majors. That lategame magic, combined with the ability of starting pitchers Parker and Anderson to dominate batters, has the Athletics poised to be one of the teams most feared in the postseason. Were just a bunch of young guys having fun, said Coco Crisp, one of the teams few veterans. You wouldnt think all these rookies would be doing things like this. Not even Beane. Certainly not Mr. Lewis, his co-conspirator on Moneyball. They are still very data-driven, Mr. Lewis said of the Athletics. But this team required enormous luck.

A smile crept across Adam LaRoches face while he rounded the bases Tuesday night after hitting his career-high 33rd homer, making him the third Washington Nationals player to drive in 100 runs in a season. It was another celebratory moment for the Nationals, the National League East champions, during a 4-2 victory over the Philadelphia Phillies in Washington. A day after clinching their title, the Nationals earned their 97th victory without many of their regulars, as Manager Davey Johnson rested most of his usual starting lineup. LaRoche was Washingtons only everyday player who stayed in for more than five innings and he led off the sixth by driving reliever Josh Lindbloms second pitch into the home bullpen in right field, putting the Nationals ahead to stay, 2-1. The Nationals (97-64) remained tied with the N.L. Central champion Cincinnati Reds for the best record in the majors. Tom Gorzelanny started for Washington instead of the originally scheduled Gio Gonzalez. With the division title in hand, Johnson preferred to let Gonzalez stay fresh for a start in Game 1 of the teams division series. Gonzalez is 21-8 with a 2.89 earned run average. LaRoche and center fielder Bryce Harper were the only regulars in Johnsons lineup. Im rewarding the guys that

have been grinding through a tough schedule, Johnson said. REDS 3, CARDINALS 1 Mat Latos (14-4) won his fourth straight decision, and Scott Rolen homered as Cincinnati kept host St. Louis from clinching a wild-card berth. PIRATES 5, BRAVES 1 Kevin Correia (12-11) pitched into the seventh inning, and host Pittsburgh won a second straight game for the first time in four weeks.

ROB CARR/GETTY IMAGES

Tom Gorzelanny made his only start of the season as the Nationals rested regulars.
BREWERS 4, PADRES 3 The rookie

Cabrera Closes In On Triple Crown

KANSAS CITY, Mo. (AP) Miguel Cabrera had two hits and drove in two runs before leaving in the fifth inning, and the Kansas City Royals rallied to beat his American League Central champion Detroit Tigers, 4-2, on Tuesday night. With one game left in the regular season, Cabrera leads the American League in average (.331), home runs (44) and runs batted in (139), putting him on the verge of becoming the first triple crown winner since Bostons Carl Yastrzemski in 1967. The Texas Rangers Josh Hamilton, who has 43 home runs, played later Tuesday against the Oakland Athletics. Alcides Esocbar and Jeff Francoeur homered for Kansas City, and Salvador Perez provided the go-ahead R.B.I. in the fifth inning.

Martin Maldonado hit his first grand slam for host Milwaukee. ASTROS 3, CUBS 0 Bud Norris (713) pitched six scoreless innings as visiting Houston prevailed in the first matchup of 100-loss teams since a Cubs-Mets series in 1962. BLUE JAYS 4, TWINS 3 Kelly Johnson hit a two-run homer for host Toronto. Minnesotas Joe Mauer was 0 for 3, dropping his batting average to .320, 11 points behind the league leader, Miguel Cabrera of Detroit. INDIANS 4, WHITE SOX 3 Jason Donald singled home the winning run with two outs in the 12th inning, lifting host Cleveland. TIGERS SCHERZER HURT Detroit Tigers pitcher Max Scherzer will miss his start in the regular-season finale at Kansas City on Wednesday because he twisted his ankle during the on-field celebration of Detroits American League Central title on Monday. Scherzer was going to pitch five innings against the Royals on Wednesday to test his sore right shoulder, which caused him to miss his last scheduled start. Manager Jim Leyland said he was not sure who would pitch.

New ideas. Daily in Op-Ed.

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Amid the banners and braying at CenturyLink Field, the Seattle Sounders stadium, some members of the fan group that calls itself Gorilla F.C. are wearing their gorilla-themed Uncle Sam T-shirts with an image of their mascot, Civ, in a top hat and the slogan, Civ wants YOU to vote for Hanauer! Hanauer is Adrian Hanauer, the general manager of the Sounders of Major League Soccer. The vote is something that may be unique among American professional sports. Beginning Sunday, and ending Dec. 7, Sounders fans will head to the polls (at the stadium or online from home) and cast ballots on whether the team should retain Hanauer. At first, it sounded like a gimmick, said Kevin Zelko, the founder of the Gorilla F.C. fan club. But now were getting to do it. Its great to see it happen. While some European clubs like Barcelona and Real Madrid in Spain have long allowed fans to vote on their management, American sports fans must resort to less official avenues sports radio, online forums and e-mails to the team to convey their wishes. If Sounders fans vote to replace Hanauer, the teams owners would have to find a new general manager. It sure is different, said George Belch, a professor of marketing at San Diego State University. Ive just never seen this in the U.S. The comedian Drew Carey, a Sounders minority owner along with Hanauer and the Microsoft co-founder Paul Allen, said the idea for a general manager vote emerged when he visited Spain. I thought it was the greatest idea ever, he said. And I thought, I want to do this in the U.S. Carey proposed the idea to his

TED S. WARREN/ASSOCIATED PRESS

From right, Drew Carey, a Sounders minority owner; General Manager Adrian Hanauer; and the ex-goalkeeper Kasey Keller.
co-owners. Joe Roth, a movie executive who is the majority owner, was on board. Everything we think of, we always have democracy in sport in the back of our minds, Carey said. We want to keep fans in the fold; the fans can strike back at us. With other teams, the only ways you can really voice your disapproval are by calling talk radio, writing a letter to the editor or quit going to the games. Thats it. Im thinking really long term and long after were dead were going to have this system where the fans arent going to have to abandon their team. Theyre going to be able to vote out their general manager. To vote, a Sounders fan must be a member of the Alliance, the clubs official members association. Membership is gained by being a season-ticket holder or paying a $125 fee. A minimum of 10,000 votes is required, and the results will be announced Dec. 13. I think its fantastic, said Brian Frederick, executive director of the Sports Fans Coalition, a Washington, D.C.-based fan advocacy organization. I think its something that would be welcome among many fan bases. Theres no better way to build a relationship with your fans and generate some interest in a team than to give them some control over the fate of the team. I think its long overdue in this country and I know its a European tradition. Owners have had control of teams and manipulated cities for decades. Frederick said he could see the voting concept spreading elsewhere in M.L.S., but doubted that other, more established leagues would adopt it anytime soon. The leagues have a monopoly, he said. They dont have to appease the fan base. Since their inaugural season as an M.L.S. team in 2009, the Sounders have been vigorously supported in Seattle, a city that has come to know disappointment from other pro teams. After decades of calling the Pacific Northwest home, the N.B.A.s SuperSonics left for Oklahoma City in 2008. That same year, baseballs Mariners lost 101 games. They have continued to struggle. But life has been better for Sounders fans. The team went 12-

7-11 in its first season and has won the Lamar Hunt U.S. Open Cup three times before losing in this years final. The Sounders sold 32,500 season tickets this season and have had 589,878 in total attendance in 14 league games according to the M.L.S. Web site. When I go to a Chelsea game, its a combination of the N.F.L. and church, Roth said. Thats kind of what its becoming like in Seattle. Sounders fans have voted on the teams name, the name of the association (the Alliance, with Carey as the chairman) and the marching bands name (Sound Wave). When purchasing season tickets, fans are asked what types of fans they would like to be seated with rowdy, quiet or something in-between. The Alliance Council has drafted a constitution. The general manager vote will take place online and at polling stations with tablets at games. The results will be audited by an accounting firm, said Paul Cox, the president of the Alliance Council. We joke about having the accountants show up with the briefcases handcuffed, he said. (The Alliance decided it would be inappropriate to make an official endorsement, Cox said.) Hanauer, who will retain his minority stake even in the unlikely event he is voted out as the general manager, said he was not nervous about the vote. He has not retained a political consultant, created attack ads or given stump speeches. My job is to put our team in a position to win a championship every year, he said. Theres not really anything I can say or demonstrate or talk my way through that is going to convince people Im doing things the right way. Thats the beauty of our business. Its 100 percent results-oriented. Either you win or you dont.

THE NEW YORK TIMES SPORTS WEDNESDAY, OCTOBER 3, 2012

B13

BASEBALL

One Swing Keeps Orioles Alive

From First Sports Page singles and three walks. Gonzalez, who improved to 9-4 with a 3.25 earned run average, might be the player who best embodies the Orioles unlikely ascension. Last season, at three levels of the Boston Red Sox farm system, he was 0-7 with a 5.40 E.R.A. It was his seventh season as a professional, including two lost to injury, without ever reaching the majors. This year seemed to herald much of the same. Last winter, Gonzalez said, he expected to sign with a Mexican League team in Cancn. But the Orioles came through with a minor league deal in March, and Gonzalez joined the organization. Gonzalez did not pitch in any spring training games for the Orioles, but he learned how to pitch inside to left-handed hitters by switching to the first-base side of the rubber. He made his first major league start on July 6 in Anaheim using a glove worn by his former minor league teammate Nick Adenhart, who was killed in a car crash in 2009 and has never left the rotation. One out of a thousand, Gonzalez said, guessing the odds against his success this year. You never know whats going to happen. Its been a crazy year for me, but its been fun. So it has been for the Orioles, who can assure themselves of at least one more game at Camden Yards if they win here on Wednesday. (Its complicated, but its true.) Manager Buck Showalter, whose first playoff experience, in 1995, ended with a wrenching loss in Seattle as 21year-old Derek Jeter watched from the dugout, wants his team to experience the atmosphere of a home playoff game. Theyre not old enough to really realize how fleeting it can be, Showalter said. Its like

BARTON SILVERMAN/THE NEW YORK TIMES

Raul Ibanez, hidden between two Yankees at center, brought the crowd to its feet twice in the late innings. Another win Wednesday will clinch the A.L. East title.

For Yanks, Title Is in Reach After 2 Hits by Ibanez Arent

From First Sports Page the Yankees lose, the two teams will play a one-game play-in on Thursday in Baltimore. The winner will wear the A.L. East crown, and the loser will become a wild-card entrant, asked to play a one-game playoff to advance to the division series. The Yankees had been thwarted and frustrated for most of the night, unable to cash in the myriad chances they had to score when just a bloop or a broken-bat dribbler could have evened the score. But they got much more than a bloop from Ibanez. Curtis Granderson had reached on a single to Zach Schonbrun contributed reporting. right field off Andrew Bailey, and then Girardi sent up Ibanez, who drove a 1-2 pitch on a line into the bleachers in right field in his biggest swing as a Yankee. In the 12th Andrew Miller set down the first two Yankees, but Francisco Cervelli, the thirdstring catcher who had not had an at-bat since the Class-AAA Scranton/Wilkes-Barre season ended, was called on to pinch hit. Cervelli was looking for fastball, but he never got one. He walked and advanced to second when Granderson walked. Ibanez rapped a ball through the hole on the left side of the infield. Cervelli, arms and legs pumping as he rounded third base, slid home with the winning run as the Yankees poured out of their dugout to celebrate. That makes my season, said Cervelli, who was disappointed when he was demoted to the minors in spring training. I am going to go home very happy. The Red Sox scored twice in the first when Dustin Pedroia, playing with a broken finger, doubled home one run and scored on a sacrifice fly by Cody Ross. Mark Teixeira, who homered Monday in his first game back since Sept. 8 due to a calf injury, had an agonizing game. He came up with runners on first and third in his first two at-bats, and both times hit into inning-ending 6-4-3 double plays. After the first time in the first inning, he flung his helmet to the dirt in disgust, frustrated at how he was either too early in his swing, or far too late. But after Ibanezs star turn, it did not matter. I told Raul thank you about a hundred times, Teixeira said. Hes my favorite player now, for a lot of reasons.

Late-Surging Yankee Shifts Momentum Again

By ZACH SCHONBRUN

Valentine Is Hurt Falling Off Bike

By DAVID WALDSTEIN

In the final days of one of the most painful seasons of his career, Red Sox Manager Bobby Valentine on Tuesday lay entangled with his bicycle at the bottom of a ditch next to the Central Park Reservoir. On the wet, slippery path, Valentine was reading a text on his phone from Dustin Pedroia, the Red Sox second baseman, and riding his bicycle. When he looked up, he had to swerve to avoid the umbrellas of two French tourists walking in front of him. The bike skidded, and he lost his balance and went careening head over pedals down the side of the hill by the road.

I shouldnt have been reading a text while I was riding, he said. Thats the wrong thing to do. But at least I was wearing my helmet. Valentine sustained minor injuries to his knees and hips. An avid cyclist, Valentine rides his bicycle to Fenway Park most days and takes it on trips to ride in the afternoons before heading to the ballpark. Pedroia had texted Valentine to tell him that he would play in Tuesdays game against the Yankees despite a broken left ring finger. Hey, if he can play with that, I can certainly manage with this, he said, showing the bandages on his legs.

INSIDE PITCH threw 43 pitches in two innings of relief, the most he has thrown since 2005 when he threw 44. . . . JOE GIRARDI said he was not worried that Soriano would be overtaxed and said he hoped he would be available for the season finale. . . . Play was halted briefly in the top of the 12th inning when a bird landed near second base and had to be chased off the field. . . . MANNY BANUELOS, one of the Yankees top pitching prospects, will undergo Tommy John elbow surgery and is expected to miss all of the 2013 season. Banuelos, the 21-year-old left-hander from Mexico, made only six starts before being shut down.
RAFAEL SORIANO

In his entire career, Nick Swisher had never felt compelled to dump a bucket of ice water on anyone. But the moment struck him Tuesday, and he doused Raul Ibanez with an icy bath on the field after Ibanezs game-ending single in the 12th inning Tuesday. It was the first thing I saw, Swisher said with a grin. I was just so excited. The 40-year-old Ibanez took it in stride. His single to left field against the left-hander Andrew Miller gave the Yankees the 4-3 victory. Ibanez had put the Yankees in position to win with his pinch-hit two-run homer to tie the game at 3-3 in the ninth. Its a lot of fun to be part of this team, Ibanez said. We pitched well, we played defense, and we were able to pull it out. It was the second time in a little more than a week that Ibanez has hit a clutch home run at a crucial moment for the Yankees. On Sept. 22, Ibanez hit a game-tying two-run homer in the 13th inning against the Oakland Athletics a moment that might stand as the Yankees most dramatic of the season to date. That capped a four-run comeback in a game the Yankees won in the 14th.

Swisher said Ibanezs homer Tuesday bested that one. The scoreboard in right field had been showing Baltimores 1-0 victory against Tampa Bay for several innings. The Yankees, behind by two runs, appeared on their way back to a first-place tie for the American League East lead with one game remaining. But Ibanez flipped the momentum with a screaming drive to right. I hit it on the barrel and thought it had a chance, Ibanez said. I dont think until I touched first base I realized its a tie game. Ibanez has had a late resurgence for the Yankees after a monthlong powerless spell. Ibanez has now hit four home runs in the past 10 games. He had not hit one in his previous 30 games before hitting two against Oakland. After his home run Tuesday, Ibanez flew around the bases and bear-hugged Swisher in front of the dugout. His helmet fell off, so teammates touched and rubbed his pale bald head, like a good-luck charm. It was awesome to be a part of something like that and be able to contribute, Ibanez said. Especially during a time like this.

A pitchers unlikely success reflects that of his team.

Derek, that first year we brought him up and let him sit on the bench for the playoffs. He thought thats what you did every October. He didnt know any other way. Im hoping that kind of soaks into some of these guys, and they get a feel for that. Thats why I hope so much were able to get a game at home. If we are able to, that will really go a long way in everybodys development, to say this is where I want to get again and again and again. The outpouring of emotion from a proud but battered fan base in Baltimore is bound to be extraordinary. After 14 losing seasons, the Orioles are winners. Reversing a losing legacy is no easy task. Witness the Pittsburgh Pirates, who recently extended their streak of losing seasons to 20, despite being 16 games over .500 on Aug. 1. Losing is not a disease, as the quack doctor told the struggling New York Knights in The Natural, but it may be contagious. Its really tough, because you think about teams that have won a lot obviously, the Yankees come to mind they have that expectation, and the fans have that expectation, and it maybe can work the opposite, too, said the Orioles Nate McLouth, who has played parts of six seasons with Pittsburgh. Theres that burden on your back of losing year after year. That was life in Tampa Bay for the first decade of the franchises existence, when the team never won more than 70 games in a season. Since then, under Manager Joe Maddon, the Rays have more victories than every team but the Yankees and the Philadelphia Phillies. Showalter is quick to dismiss any comparison to the Rays, respecting their half-decade of success. But a Showalter team, like a Maddon team, tends to find pieces who know how to play the right way. People dont realize the accountability factor that Buck implemented in this organization, from the owner down, center fielder Adam Jones said. Buck is going to make you live up to the accountability factor. The men in this room, in spring training, were up for the challenge.

An Out Well Worth Waiting 7 Years For

By ANDREW KEH

MIAMI It ended rather predictably, the sixth-inning meeting between R. A Dickey, one of the baseballs best pitchers this year, and Adam Greenberg, the player on a feelMARLINS 4 good, oneday conMETS 3 tract making his 11 innings first major league appearance in seven years. Dickey fired his signature high and fast knuckleballs his notso-secret weapon during his Cy Young bid for the Mets and Greenberg, after taking the field to thunderous applause, struck out on three pitches, bringing his charming plotline to an abrupt, unceremonious end. But the applause for Greenberg was just as loud as he walked to the Miami Marlins dugout, and all things considered, he may be the happier of the two. Dickey allowed three runs in six innings of a 4-3 Mets loss in 11 innings. His final numbers will be impressive a 20-6 record, 2.73 earned run average, and 230 strikeouts over 233 innings but his Cy Young fate rests in the hands of the voters.

And to cap a frustrating day, Dickey revealed he would have surgery Oct. 18 in Philadelphia to repair a torn lower abdomen muscle. It was an injury he sustained a month into the season, and then hid easily from public knowledge, pitching brilliantly through the off-and-on pain. But the pain increased intensely Tuesday. Dickey, though, seemed unconcerned by the procedure, which he compared to sports hernia surgery, with a four to six week recovery time, and smiled as he considered his part in Greenbergs day. I think the story far transcends the result of the at-bat, he said. Indeed, Greenberg fulfilled his dream of getting a second major league plate appearance, and first at-bat, and as he said afterward, It was magical. The energy that was in the stadium was something that I have never experienced in my life, and I dont know if Ill ever experience that again. Greenberg, 31, had his first plate appearance with the Chicago Cubs on July 9, 2005. He was hit in the back of the head by the only pitch he saw, a 92-mile-perhour fastball. The incident de-

railed his career and left him with headaches, vision trouble and vertigo for two years. After playing 674 games through 2011, all in the minors and most for the independent Bridgeport Bluefish in Connecticut, he began to garner national attention this year through an online campaign by Matt Liston, a filmmaker. Last month, the Marlins came forward to offer him a one-day contract.Early Tuesday, Greenberg was careening through a whirlwind of news conferences, television interviews, introductions and reunions, handshakes and smiles, and, not to mention, the rigorous preparations for a game. But he paused to marvel at the sight of a major league uniform with his name on it. That was the whole goal, he said, to get that jersey. The events of the day brought a rare dose of happiness to the Marlins, who will finish a disastrous season in last place. Also in attendance Tuesday was Fred Van Dusen, who regained his status as the only player to have a hit-by-pitch in his only plate appearance, which came in 1955, and to never play the field. Van Dusen threw out the first pitch. Weve been losing so many games, we hate each other in the dugout, said Marlins Manager

JOE SKIPPER/ REUTERS

Miamis Adam Greenberg, hit by a pitch in his first big-league plate appearance in 2005, struck out in his second on Tuesday.
Ozzie Guillen, who used Greenberg as a pinch-hitter in the sixth. But I think this kid brought a lot of smiles and a lot of tears. Greenberg noted the unusualness of the situation after a strikeout. It was a lot of mixed emotions there, getting highfived after a strikeout by your entire team, having people cheer, he said. Greenberg said he hoped Tuesday would not be an end, but a starting point for a future big league job. Such an outcome may prove unlikely. But for a day, he was accepted by the team meaning he was subjected to its rules and rituals, including a solo song and dance routine as a part of rookie hazing. That, to be honest, is what Im more nervous about, Greenberg said before the game.

No day is complete without The New York Times.

B14

THE NEW YORK TIMES SPORTS WEDNESDAY, OCTOBER 3, 2012

HOCKEY
BASEBALL A.L. STANDINGS
East z-Yankees z-Baltimore Tampa Bay Toronto Boston Central x-Detroit Chicago Kansas City Cleveland Minnesota West z-Texas z-Oakland Los Angeles Seattle
PHOTOGRAPHS BY ANDREW TESTA FOR THE NEW YORK TIMES

SCOREBOARD
PRO FOOTBALL YANKEES 4, RED SOX 3
L Pct GB 1 5 22 25 GB 3 15 19 21 GB 1 4 20 67 .584 68 .578 72 .553 89 .447 92 .429 L Pct
Boston ab Ellsbury cf 6 Pedroia 2b 5 Nava lf 4 C.Ross rf 4 Loney 1b 5 Saltalamacchia c 4 Lavarnway dh 5 Ciriaco 3b 4 Iglesias ss 5 Totals 42 New York ab Jeter ss 6 Swisher rf 4 Al.Rodriguez 3b 5 Teixeira 1b 6 Cano 2b 6 R.Martin c 4 Gardner pr 0 C.Stewart c 0 Er.Chavez ph 1 Cervelli c 0 Granderson cf 5 E.Nunez dh 3 Ibanez ph-dh 3 I.Suzuki lf 5 Totals 48 Boston 200 000 New York 010 000 r h 1 1 1 2 0 0 0 0 1 2 0 1 0 0 0 2 0 0 3 8 r h 0 2 0 2 0 2 0 0 0 2 0 1 0 0 0 0 0 0 1 0 2 2 0 2 1 2 0 1 4 16 001 002 bi bb so avg. 0 0 2 .271 1 1 0 .289 0 1 2 .243 1 0 2 .264 1 0 0 .240 0 1 1 .224 0 0 3 .160 0 1 1 .289 0 0 0 .108 3 4 11 bi bb so avg. 0 0 0 .317 0 2 0 .270 0 1 1 .270 0 0 0 .252 0 0 1 .308 0 0 2 .210 0 0 0 .310 0 0 0 .241 0 0 0 .281 0 1 0 --0 1 2 .230 1 0 0 .292 3 0 0 .239 0 0 0 .284 4 5 6 0003 8 1 0014 16 0

MARLINS 4, METS 3
New York ab Tejada ss 6 McHugh p 0 Dan.Murphy 2b-1b5 D.Wright 3b 4 I.Davis 1b 4 F.Lewis pr 0 El.Ramirez p 0 Hampson p 0 Rauch p 0 R.Cedeno ss 0 Hairston rf-lf 5 Duda lf 4 Parnell p 0 Baxter ph-rf 0 Thole c 5 An.Torres cf 4 Dickey p 2 Acosta p 0 Valdespin ph-rf-2b3 Totals 42 Miami ab Petersen lf 2 Greenberg ph 1 Cousins lf 1 Kearns ph 0 Gaudin p 0 G.Hernandez cf 5 Reyes ss 5 Stanton rf 4 Ca.Lee 1b 4 Brantly c 5 D.Solano 2b 5 Velazquez 3b 4 Ja.Turner p 2 M.Dunn p 0 H.Bell p 0 A.Ramos p 0 Cishek p 0 Webb p 0 Dobbs ph-lf 1 Totals 39 New York 000 000 Miami 000 111 r h 0 0 0 0 1 1 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 1 3 9 r h 0 0 0 0 0 0 0 0 0 0 1 1 2 3 0 2 0 1 1 1 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 10 030 000 bi bb so avg. 0 0 1 .285 0 0 0 .000 0 0 1 .293 1 1 0 .307 0 1 0 .225 0 0 0 .150 0 0 0 .000 0 0 0 .000 0 0 0 --0 0 0 .259 1 0 0 .263 0 0 1 .239 0 0 0 --0 1 0 .263 0 0 2 .234 0 1 0 .230 0 0 2 .153 0 0 0 --0 0 1 .242 2 4 8 bi bb so avg. 0 0 1 .191 0 0 1 .000 0 0 0 .165 0 1 0 .245 0 0 0 .000 1 0 2 .190 0 0 0 .287 0 1 1 .291 1 1 0 .265 1 0 1 .290 1 0 4 .294 0 0 2 .241 0 0 1 .000 0 0 0 .000 0 0 0 --0 0 0 --0 0 0 .000 0 0 0 .000 0 0 1 .286 4 3 14 003 9 0 014 10 0

N.F.L. STANDINGS
AMERICAN CONFERENCE East Jets N. England Buffalo Miami South Houston Indianapolis Jacksonville Tennessee North Baltimore Cincinnati Pittsburgh Cleveland West San Diego Denver Kansas City Oakland W L T Pct 2 2 0 .500 PF PA 81 109 92 90

W 94 93 89 72 69 W 87 84 72 68 66 W 93 92 89 73

2 2 0 .500 134 1 3 0 .250 W L T Pct 1 2 0 .333 1 3 0 .250 1 3 0 .250 W L T Pct 86

2 2 0 .500 115 131 PF PA 56 83 97 61 62

74 .540 77 .522 89 .447 93 .422 95 .410 L Pct

4 0 01.000 126

81 151 PF PA 83 75 98

67 .581 68 .575 71 .556 87 .456

3 1 0 .750 121 1 2 0 .333 0 4 0 .000 W L T Pct 77 73

3 1 0 .750 112 112

z-clinched playoff berth x-clinched division

Stewart went to Britain so he would be game-ready for his Carolina Hurricanes.

TUESDAY

Locked-Out N.H.L. Player Joins Obscure British League

From First Sports Page season. Practicing is not the same as playing, he said, and the consensus is that players who remain idle during the lockout risk losing their edge. So long as you get to go play in a reallife game and get to go full speed, it doesnt matter you could play in England, in Austria, Switzerland, Sweden, King said, speaking from Los Angeles. The Panthers, and the league in general, have made much of Stewarts presence it is a coup to get an active N.H.L. player, although some former ones play for Elite League teams and on Saturday, Stewart played his first game here. The Panthers opponents were the Sheffield Steelers, who, in a sport that depends on the kindness of sponsors, are officially known as the Sheffield Window Center Sheffield Steelers. (The team has let no sponsorship opportunity go unsold. Even the penalty box has outside assistance: it is known as the Specsavers Penalty Box, a fact the announcer dutifully repeated, along with the locations of several Specsavers outlets, every time a player was sent there.) The Panthers-Steelers rivalry is the bitterest in the league, and the game drew some 5,500 spectators to the Steelers base, the Sheffield Motorpoint Arena on the edge of town. The team is lucky to have an arena. Many of the leagues 10 teams play on local rinks, jostling for ice time with high school figure skaters, skating parties, people taking lessons and, in Scotland, curlers. Other aspects of the Elite League whose official title is the Rapid Solicitors Elite League, after its own main sponsor, a personal injury law firm promising speedy service make it very different from the N.H.L. The average N.H.L. players annual salary is $2.4 million; the highest-paid player last season, the Rangers Brad Richards, was paid $12 million. In the Elite League, the best players, mostly those from abroad, tend to get weekly salaries in the high three figures like, say, 800 pounds ($1,300). Some British players earn no money but depend on yet more sponsors for things like housing and equipment. Some have other jobs; others spend their mornings playing hockey and their afternoons in school. If theyre smart, Moran said, they can go to college and get a degree for when they can no longer afford to live the dream that is ice hockey in Britain. During the last lockout, a number of N.H.L. players signed with British teams. They are not coming for financial gain, Jeff Z. Klein contributed reporting from New York. Moran said. Theyre coming to see Britain, theyre coming to a country where we speak English, and theyre coming because they want to keep fit. In the N.H.L, players travel on team jets and stay at five-star hotels, sometimes playing to crowds of more than 20,000 people. In the Elite League, they travel by bus, leaving and returning the same day to save on hotel bills. And they do not generally attract large numbers of spectators. Edinburgh is an eight-hour bus ride away, the rink is freezing, and theres like 60 people there, said Jordan Fox, an affable Canadian who is the Panthers captain. (That is not strictly accurate; some 800 people attended the Edinburgh Capitals most recent game, a spokesman said.) Describing himself as someone who has slept on a pullout couch for most of my life, Stewart said that none of this bothered him. Once you get out on the ice, thats all that matters, he said. Im a very lowmaintenance guy from a humble background. Ive got my hotel room, my Internet, my TV, my computer. As long as Ive got food in me, Im ready to go. Corey Neilson, a player-coach for the Panthers who is currently just a coach, having sustained a knee injury, said Stewart had a very positive attitude. He could have come in and said, I play for the N.H.L. and I can do what I want, Neilson said, but hes not that kind of guy. Stewart got a lot of ice time Saturday, but his performance did not particularly stand out. For one thing, Stewart said, he was still adjusting to the British rinks, which are slightly larger than the ones at home and require a recalibration of his playing angles. To be fair, too, he had practiced with the Panthers only twice. And he was also jetlagged, having landed three days earlier after an overnight flight in coach, all 6 feet 2 inches of him, from New York. These guys are professionals, and you cant underestimate them, he said after the game, which the Panthers won, 2-1. This is a learning process, and soon Ill be able to show how much I can do. Stewart said he was happy so far with his Elite League experience. Theyre going to put me up in, what do you call it, a flat, he said. Not only that, he said, but the Panthers have paid handsomely for his insurance, a sticking point for many N.H.L. players looking to play abroad during the lockout. Back in the United States, talks are continuing, though it is unclear where they are going. The Panthers have signed Stewart for just a month so far, knowing that their relationship could be brief, or not. If the lockout is resolved, Moran said, it will be, Bye-bye Anthony.

Yankees 4, Boston 3, 12 innings Cleveland 4, White Sox 3, 12 innings Toronto 4, Minnesota 3 Baltimore 1, Tampa Bay 0 Kansas City 4, Detroit 2 Texas at Oakland L.A. Angels at Seattle

WEDNESDAY
7:05 Boston (Matsuzaka (R), 1-6, 7.68) at Yankees (Kuroda (R), 15-11, 3.34) 3:35 Texas (Dempster (R), 12-8, 3.18) at Oakland (Griffin (R), 7-1, 2.71) 6:40 Los Angeles (Weaver (R), 20-4, 2.73) at Seattle (Beavan (R), 10-11, 4.68) 7:05 Chicago (Floyd (R), 11-11, 4.47) at Cleveland (Huff (L), 3-0, 2.86) 7:07 Minnesota (Diamond (L), 12-8, 3.54) at Toronto (Morrow (R), 9-7, 3.09) 7:10 Baltimore (Tillman (R), 9-2, 2.78) at Tampa Bay (Hllickson (R), 9-11, 3.20) 8:10 Detroit (Smyly (L), 4-3, 4.01) at Kansas City (Mendoza (R), 8-9, 4.36)

ECiriaco (9). LOBBoston 9, New York 14. 2BPedroia (38), Jeter (32), Swisher (36), E.Nunez (4). HRLoney (2), off R.Soriano; Ibanez (19), off A.Bailey. RBIsPedroia (65), C.Ross (80), Loney (8), E.Nunez (11), Ibanez 3 (62). SBCiriaco (16), Granderson (10). CSGardner (2). SFC.Ross. DPBoston 2; New York 1 Boston ip h r er bb so np era Lester 5 8 1 0 1 1 83 4.82 R.Hill H6 1 2 0 0 0 2 22 1.83 Tazawa H5 1 0 0 0 0 1 9 1.47 Breslow H5 1 1 0 0 0 0 13 2.79 A.Bailey BS3-9 / 3 2 2 2 0 24 7.04 Melancon 1/ 0 0 0 0 1 18 6.20 Padilla 1 1 0 0 0 0 16 4.50 A.Miller L3-2 / 1 1 1 2 1 18 3.35 New York ip h r er bb so np era D.Phelps 5/ 3 2 2 2 4 86 3.34 Logan / 0 0 0 0 1 4 3.74 Chamberlain 1 1 0 0 0 1 18 4.35 D.Robertson 1 0 0 0 0 2 11 2.67 R.Soriano 2 2 1 1 1 2 43 2.26 D.Lowe W9-11 2 2 0 0 1 1 28 5.11 T4:09. A41,564 (50,291).

PF PA 71 83

3 1 0 .750 100 2 2 0 .500 114 1 3 0 .250 1 3 0 .250

88 136 67 125

NATIONAL CONFERENCE East Phila. Dallas Washington Giants South Atlanta Tampa Bay Carolina New Orleans North Minnesota Chicago Green Bay Detroit West Arizona San Fran. St. Louis Seattle W L T Pct 3 1 0 .750 2 2 0 .500 PF PA 66 65 83 88 84

ROYALS 4, TIGERS 2
Detroit Berry cf R.Santiago 2b Mi.Cabrera 3b Infante 3b Fielder 1b A.Garcia pr-lf D.Young dh Avila c Holaday c Boesch rf D.Kelly lf-1b Worth ss Totals Kansas City J.Dyson cf A.Escobar ss A.Gordon lf Butler 1b S.Perez c Francoeur rf B.Pena dh T.Abreu 2b Falu 3b Totals Detroit Kansas City ab 4 4 3 1 2 1 4 2 1 4 4 2 32 ab 4 4 3 2 4 4 4 2 4 31 002 100 r 1 0 0 0 0 0 0 0 0 0 0 1 2 r 1 1 0 0 0 1 0 0 1 4 h 1 1 2 0 0 0 0 0 0 0 1 1 6 h 1 3 1 1 0 2 0 0 1 9 000 020 bi bb so avg. 0 0 0 .260 0 0 1 .207 2 0 0 .331 0 0 1 .252 0 1 0 .312 0 0 0 .326 0 0 1 .267 0 1 1 .241 0 0 0 .273 0 0 1 .240 0 0 1 .189 0 1 0 .219 2 3 6 bi bb so avg. 0 0 2 .262 2 0 0 .292 0 1 0 .293 0 2 0 .313 1 0 0 .301 1 0 1 .237 0 0 0 .240 0 1 0 .257 0 0 0 .349 4 4 3 0002 6 0 01x4 9 2

HRG.Hernandez (3), off Dickey; Brantly (3), off Dickey. RBIsD.Wright (93), Hairston (55), G.Hernandez (12), Ca.Lee (77), Brantly (8), D.Solano (28). SBKearns (2), Reyes (39). SJa.Turner. New York ip h r er bb so np era Dickey 6 7 3 3 0 8 94 2.73 Acosta 1 1 0 0 0 1 13 6.51 Parnell 2 0 0 0 0 1 25 2.53 / 0 0 0 0 1 3 5.57 El.Ramirez / 0 0 0 1 1 10 1.80 Hampson Rauch / 0 0 0 0 1 4 3.59 McHugh L0-4 / 2 1 1 2 1 15 7.59 Miami ip h r er bb so np era Ja.Turner 7/ 3 1 1 2 4 114 3.38 M.Dunn 0 1 1 1 0 0 5 4.91 H.Bell BS8-27 0 2 1 1 1 0 17 5.09 / 0 0 0 0 0 7 4.70 A.Ramos Cishek 1 1 0 0 0 3 15 2.69 Webb 1 2 0 0 1 1 25 4.03 Gaudin W4-2 1 0 0 0 0 0 12 4.54 T3:30. A29,709 (37,442).

2 2 0 .500 123 123 2 2 0 .500 111 W L T Pct 1 3 0 .250 1 3 0 .250 W L T Pct 3 1 0 .750 2 2 0 .500 W L T Pct 4 0 01.000 2 2 0 .500 2 2 0 .500 PF PA 76 91 82

4 0 01.000 124

80 109 PF PA 90 85 72 68 81

0 4 0 .000 110 130

3 1 0 .750 108

ORIOLES 1, RAYS 0
Baltimore ab McLouth lf 4 Hardy ss 4 C.Davis rf 3 En.Chavez rf 0 Ad.Jones cf 3 Wieters c 3 Thome dh 3 Mar.Reynolds 1b 3 Flaherty 2b 3 Andino 2b 0 Machado 3b 3 Totals 29 Tampa Bay ab De.Jennings lf 4 B.Upton cf 3 Zobrist ss 2 Longoria 3b 4 Keppinger 1b 4 Joyce rf 2 B.Francisco ph-rf 1 R.Roberts 2b 3 Scott dh 2 S.Rodriguez ph 0 Fuld ph-dh 1 C.Gimenez c 2 C.Pena ph 1 Lobaton c 0 Totals 29 Baltimore 000 Tampa Bay 000 r 0 0 1 0 0 0 0 0 0 0 0 1 r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h 1 0 1 0 0 0 0 0 0 0 0 2 h 0 0 0 1 0 0 0 0 0 0 0 1 0 0 2 100 000 bi bb so avg. 0 0 3 .273 0 0 1 .238 1 0 2 .272 0 0 0 .203 0 0 2 .287 0 0 2 .249 0 0 2 .268 0 0 2 .222 0 0 0 .220 0 0 0 .211 0 0 1 .263 1 0 15 bi bb so avg. 0 0 2 .246 0 1 1 .246 0 2 1 .272 0 0 1 .283 0 0 1 .325 0 0 0 .242 0 0 1 .234 0 0 0 .212 0 0 1 .229 0 0 0 .213 0 0 0 .263 0 0 0 .258 0 0 1 .198 0 0 0 .222 0 3 9 0001 2 0 0000 2 0

1 3 0 .250 100 114 PF PA 91 79 70 61 65 91 58

N.L. STANDINGS
East x-Washington y-Atlanta Philadelphia Mets Miami Central x-Cincinnati St. Louis Milwaukee Pittsburgh Chicago Houston West Los Angeles Arizona San Diego Colorado W 97 93 81 73 69 W 97 87 83 79 L Pct GB 4 16 24 28 GB 10 14 18 37 42 GB 8 13 64 .602 68 .578 80 .503 88 .453 92 .429 L Pct

3 1 0 .750 104

MONDAY

Chicago 34, Dallas 18

THURSDAY SUNDAY

Arizona at St. Louis, 8:20 Cleveland at Giants, 1 Baltimore at Kansas City, 1 Atlanta at Washington, 1 Philadelphia at Pittsburgh, 1 Green Bay at Indianapolis, 1 Miami at Cincinnati, 1 Seattle at Carolina, 4:05 Chicago at Jacksonville, 4:05 Buffalo at San Francisco, 4:25 Tennessee at Minnesota, 4:25 Denver at New England, 4:25 San Diego at New Orleans, 8:20 Open: Dallas, Detroit, Oakland, Tampa Bay

64 .602 74 .540 78 .516 82 .491

60 101 .373 55 106 .342 W 85 80 75 63 L Pct

x-San Francisco 93

67 .581 75 .531 80 .500

HRA.Escobar (5), off Fister; Francoeur (16), off B.Villarreal. RBIsMi.Cabrera 2 (139), A.Escobar 2 (52), S.Perez (39), Francoeur (49). SBA.Escobar (34). Detroit ip h r er bb so np era Fister L10-10 4/ 7 3 3 2 2 79 3.45 Putkonen 1/ 0 0 0 0 0 21 4.20 D.Downs 1 1 0 0 1 1 23 3.48 B.Villarreal 1 1 1 1 1 0 10 2.63 Kansas City ip h r er bb so np era Guthrie W5-3 6 5 2 2 3 3 100 3.16 Bueno H4 1 1 0 0 0 0 15 1.56 K.Herrera H19 1 0 0 0 0 2 10 2.35 G.Holland S16-201 0 0 0 0 1 16 2.96 T2:34. A14,283 (37,903).

86 .466 18{ 97 .394 30

PIRATES 5, BRAVES 1
Atlanta ab Bourn cf 3 Hinske lf 1 Pastornicky 2b-ss 4 Simmons ss 3 C.Martinez p 0 F.Freeman ph 1 Durbin p 0 Overbay 1b 3 D.Ross c 3 Boscan pr-c 1 J.Francisco 3b 4 Je.Baker rf-2b 4 Constanza lf-cf 4 Hanson p 0 Re.Johnson ph-rf 1 Totals 32 Pittsburgh ab S.Marte lf 5 Presley rf 4 A.McCutchen cf 4 G.Jones 1b 4 G.Sanchez 1b 0 McKenry c 4 P.Alvarez 3b 4 J.Harrison 2b 3 Mercer 2b 0 Barmes ss 3 Correia p 3 Ju.Wilson p 0 Resop p 0 Snider ph 1 d'Arnaud pr 0 Morris p 0 Totals 35 Atlanta 000 Pittsburgh 110 r h 0 0 0 1 0 1 0 0 0 0 0 0 0 0 1 1 0 1 0 0 0 1 0 0 0 2 0 0 0 1 1 8 r h 2 3 1 2 0 0 1 1 0 0 0 0 0 2 1 0 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 5 10 100 030 bi bb so avg. 0 0 2 .274 0 0 0 .198 0 0 0 .243 0 0 0 .290 0 0 0 .000 0 0 1 .261 0 0 0 --0 1 0 .259 0 0 0 .256 0 0 0 .125 1 0 2 .239 0 0 3 .248 0 0 0 .257 0 0 0 .020 0 0 0 .287 1 1 8 bi bb so avg. 0 0 1 .264 1 0 0 .240 1 0 2 .327 2 0 0 .275 0 0 0 .217 0 0 2 .233 0 0 0 .245 0 0 0 .232 0 0 0 .210 1 1 1 .228 0 0 3 .106 0 0 0 --0 0 0 .000 0 0 0 .244 0 0 0 .000 0 0 0 --5 1 9 0001 8 1 00x5 10 0

x-clinched division y-clinched wild card

TUESDAY

Miami 4, Mets 3, 11 innings Pittsburgh 5, Atlanta 1 Washington 4, Philadelphia 2 Houston 3, Chicago Cubs 0 Cincinnati 3, St. Louis 1 Milwaukee 4, San Diego 3 Colorado at Arizona San Francisco at L.A. Dodgers

LOBBaltimore 1, Tampa Bay 5. HRC. Davis (33), off Shields. RBIsC.Davis (85). Baltimore ip h r er bb so np era GonzalezW9-4 6/ 2 0 0 2 7 101 3.25 Matusz H5 / 0 0 0 0 1 11 4.87 O'Day H15 1 0 0 0 0 1 10 2.28 Johnson S51-54 1 0 0 0 1 0 16 2.49 Tampa Bay ip h r er bb so np era Shields L15-10 9 2 1 1 0 15 105 3.52 T2:24. A13,460 (34,078).

MONDAY, OCT. 8

Houston at Jets, 8:30

N.F.C. INDIVIDUAL LEADERS

Week 4 Quarterbacks M. Ryan, ATL . . . Griffin III, WAS . . Ale. Smith, SNF . Ponder, MIN . . . Kolb, ARI . . . . . A. Rodgers, GBY E. Manning, NYG C. Newton, CAR . Brees, NOR . . . . Stafford, DET . . . Rushers M. Lynch, SEA . . L. McCoy, PHL. . Morris, WAS. . . . A. Peterson, MIN Gore, SNF . . . . . M. Turner, ATL . . Griffin III, WAS . . Att 147 124 113 123 107 156 160 107 191 173 Att . 92 . 81 . 82 . 79 . 66 . 55 . 39 Com Yds 102 1162 86 1070 76 784 84 824 67 752 109 1064 103 1320 68 1013 110 1350 114 1182 Yds 423 384 376 332 326 257 252 Avg 4.60 4.74 4.59 4.20 4.94 4.67 6.46 TD 11 4 5 4 7 7 7 4 10 3 LG 36 34 39t 20 23t 27 19 Int 2 1 1 0 2 3 4 5 5 4 TD 2 1 4 2 3 2 4

A.L. LEADERS
BATTINGMiCabrera, Detroit, .331; Trout, Los Angeles, .325; Mauer, Minnesota, .320; Beltre, Texas, .319; Jeter, New York, .317; TorHunter, Los Angeles, .314; Butler, Kansas City, .313. HOME RUNSMiCabrera, Detroit, 44; Hamilton, Texas, 43; Encarnacion, Toronto, 42; ADunn, Chicago, 41; Granderson, New York, 41; Beltre, Texas, 36; Willingham, Minnesota, 35. RUNSTrout, Los Angeles, 129; MiCabrera, Detroit, 109; AJackson, Detroit, 103; AdJones, Baltimore, 103; Kinsler, Texas, 103; Cano, New York, 102; Hamilton, Texas, 102. RBIMiCabrera, Detroit, 139; Hamilton, Texas, 127; Encarnacion, Toronto, 110; Willingham, Minnesota, 110; Fielder, Detroit, 108; Butler, Kansas City, 107; Pujols, Los Angeles, 105. HITSJeter, New York, 215; MiCabrera, Detroit, 205; Cano, New York, 192; Butler, Kansas City, 191;

WEDNESDAY
4:10 Mets (Hefner (R), 3-7, 5.32) at Miami (Koehler (R), 0-0, 5.40) 12:35 Atlanta (Hudson (R), 16-7, 3.62) at Pittsburgh (Burnett (R), 16-9, 3.43) 1:05 Philadelphia (Lee (L), 6-8, 3.12) at Washington (Jackson (R), 9-11, 4.13) 2:20 Houston (Gonzalez (R), 3-1, 4.15) at Chicago (Wood (L), 6-13, 4.39) 7:10 Colorado (Francis (L), 5-7, 5.75) at Arizona (Kennedy (R), 15-11, 4.16) 7:15 San Francisco (Vogelsong (R), 14-9, 3.46) at Los Angeles (Kershaw (L), 13-9, 2.58) 8:10 San Diego (Werner (L), 2-3, 4.78) at Milwaukee (Gallardo (R), 16-9, 3.66) 8:15 Cincinnati (Bailey (R), 13-10, 3.75) at St. Louis (Wainwrght (R), 14-13, 3.94)

PRO BASKETBALL W.N.B.A. PLAYOFFS

All Times EDT CONFERENCE SEMIFINALS (Best-of-3) (x-if necessary) Eastern Conference Indiana 2, Atlanta 1 Sept. 28: Atlanta 75, Indiana 66 Sept. 30: Indiana 103, Atlanta 88 Tuesday: Indiana 75, Atlanta 64 Western Conference Minnesota 2, Seattle 1 Sept. 28: Minnesota 78, Seattle 70 Sept. 30: Seattle 86, Minnesota 79, 2OT Tuesday: Seattle 86, Minnesota 79, 2OT CONFERENCE FINALS (Best-of-3) (x-if necessary) Eastern Conference Connecticut vs. Indiana Friday: at Connecticut, 8 p.m. Monday: at Indiana, 8 p.m. x-Thursday, Oct. 11: at Connecticut, 8:30 p.m. Western Conference Los Angeles vs. Minnesota Thursday: at Minnesota, 8 p.m. Sunday: at Los Angeles, 3:30 p.m. x-Wednesday, Oct. 10: at Minnesota, 8 p.m.

SOCCER M.L.S. STANDINGS

EAST x-Sporting KC New York Chicago D.C. Houston Columbus Montreal Philadelphia New England Toronto FC W 17 15 16 15 13 14 12 8 7 5 L 7 8 9 10 8 11 15 15 16 19 T Pts GF GA 7 58 39 25 8 53 54 44 5 53 42 36 6 51 48 40 10 49 44 37 6 48 39 39 4 40 44 49 6 30 31 36 8 29 37 43 7 22 35 59

A.L. WILD-CARD STANDINGS

(Top 2 teams qualify) W z-Baltimore 92 z-Oakland 92 L 68 68 Pct WCGB .575 .575

N.L. WILD-CARD STANDINGS

(Top 2 teams qualify) W L Pct WCGB y-Atlanta 93 67 .581 St. Louis 87 74 .540 Los Angeles 85 75 .531 1{ z-clinched playoff berth; y-clinched wild card

2BHinske (7), Overbay (10), J.Francisco (11), S.Marte (3), Presley (14), P.Alvarez (25). HRG.Jones (27), off Hanson. RBIsJ.Francisco (31), Presley (25), A.McCutchen (96), G.Jones 2 (86), Barmes (45). SBS.Marte 2 (12), J.Harrison (7), d'Arnaud (1). SHanson 2. Atlanta ip h r er bb so np era Hanson L13-10 6 9 5 5 1 6 91 4.48 C.Martinez 1 0 0 0 0 1 11 3.91 Durbin 1 1 0 0 0 2 14 3.10 Pittsburgh ip h r er bb so np era Correia W12-116/ 6 1 1 1 5 97 4.21 / 1 0 0 0 0 5 1.93 Ju.Wilson Resop 1 1 0 0 0 1 12 3.91 Morris 1 0 0 0 0 2 15 1.80 T2:38. A15,727 (38,362).

INDIANS 4, WHITE SOX 3

Chicago ab Wise rf 6 O.Hudson 2b 6 A.Dunn 1b 5 D.Johnson dh 2 Jo.Lopez pr-dh 1 Viciedo lf 5 Al.Ramirez ss 5 Jor.Danks cf 5 Flowers c 3 H.Gimenez c 1 Olmedo 3b 5 Totals 44 Cleveland ab Choo rf 5 Kipnis 2b 4 As.Cabrera ss 5 C.Santana dh 5 Chisenhall 3b 5 Canzler lf 4 Kotchman 1b 4 LaPorta ph 0 Hannahan ph 1 Lillibridge cf 2 Brantley ph 1 Donald pr-cf 2 Marson c 2 Hafner ph 1 Rottino c 1 Totals 42 Chicago 000 001 Cleveland 000 100 r 1 0 0 0 1 1 0 0 0 0 0 3 r 1 0 0 0 1 0 0 0 0 0 0 1 0 1 0 4 h 1 3 0 0 0 1 1 2 0 0 1 9 h 1 1 0 1 1 0 0 0 0 0 1 2 0 1 0 8 002 002 bi bb so avg. 0 0 0 .259 1 0 1 .198 0 0 2 .204 0 2 1 .294 0 0 0 .242 2 0 1 .251 0 0 1 .265 0 0 0 .234 0 0 2 .213 0 0 0 .333 0 0 2 .222 3 2 10 bi bb so avg. 1 0 2 .283 0 1 2 .256 0 0 2 .270 0 0 0 .252 0 0 1 .268 0 1 1 .278 0 0 0 .229 0 0 0 .241 0 0 1 .246 0 0 2 .195 0 0 0 .288 1 0 0 .207 0 0 0 .228 2 0 0 .228 0 0 1 .107 4 2 12 0003 9 1 0014 8 0

NATIONALS 4, PHILLIES 2
Philadelphia ab Frandsen 3b 5 Mayberry cf 5 Utley 2b 3 Horst p 0 Bastardo p 0 L.Nix ph 1 Wigginton 1b 3 Ruf lf 4 D.Brown rf 4 Kratz c 3 M.Martinez ss 4 Rosenberg p 2 Diekman p 0 Ruiz ph 1 Lindblom p 0 Orr 2b 1 Totals 36 Washington ab Lombardozzi 2b 4 Harper cf 3 Duke p 0 K.Suzuki ph 1 Mattheus p 0 Clippard p 0 Desmond ph 1 Storen p 0 T.Moore lf 4 LaRoche 1b 3 Tracy 3b 3 DeRosa ss 4 Bernadina rf 2 Leon c 2 Gorzelanny p 1 C.Garcia p 0 Espinosa ph 1 E.Perez cf 2 Totals 31 Philadelphia 000 Washington 000 r 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 r 0 0 0 0 0 0 0 0 0 2 0 1 1 0 0 0 0 0 4 h 2 0 0 0 0 0 1 2 1 1 2 0 0 0 0 0 9 h 1 1 0 0 0 0 0 0 0 2 1 2 1 1 0 0 0 0 9 100 102 bi bb so avg. 0 0 1 .335 0 0 2 .245 0 1 1 .259 0 0 0 --0 0 0 --0 0 0 .248 0 1 1 .235 2 0 2 .355 0 0 0 .240 0 1 0 .248 0 0 0 .180 0 0 1 .333 0 0 0 --0 0 0 .326 0 0 0 --0 0 0 .315 2 3 8 bi bb so avg. 2 0 0 .274 0 0 0 .270 0 0 0 .000 0 0 0 .267 0 0 0 .000 0 0 0 --0 0 0 .291 0 0 0 --0 0 2 .257 1 1 1 .271 0 1 1 .272 0 0 1 .198 1 1 0 .291 0 1 1 .267 0 0 0 .333 0 0 0 --0 0 1 .247 0 0 0 .200 4 4 7 0102 9 0 01x4 9 1

WEST W L T Pts GF GA x-San Jose 18 6 7 61 65 39 x-Real Salt Lake 16 11 4 52 44 34 x-Los Angeles 15 11 5 50 55 43 x-Seattle 13 7 10 49 45 31 Vancouver 10 12 9 39 31 40 FC Dallas 9 12 10 37 38 41 Colorado 9 18 4 31 39 46 Portland 7 15 9 30 32 52 Chivas USA 7 16 7 28 21 49 x- clinched playoff berth Wednesdays Games Philadelphia at Chicago, 8:30 p.m. Chivas USA at Vancouver, 10 p.m.

TENNIS CHINA OPEN

The Beijing Tennis Centre BEIJING Singles Men First Round Novak Djokovic (1), Serbia, d. Michael Berrer, Germany, 6-1, 6-7 (3), 6-2. Nikolay Davydenko, Russia, d. Alex Bogomolov Jr., Russia, 7-5, 6-1. Jo-Wilfried Tsonga (3), France, d. Denis Istomin, Uzbekistan, 4-6, 6-1, 7-6 (3). Mikhail Youzhny, Russia, d. Tommy Haas (7), Germany, 6-4, 4-6, 6-2. Jurgen Melzer, Austria, d. Pablo Andujar, Spain, 6-1, 4-6, 7-6 (3). Andreas Seppi, Italy, d. Julien Benneteau, France, 6-1, 2-0, retired. Richard Gasquet (5), France, d. Matthew Ebden, Australia, 6-2, 6-4. Feliciano Lopez, Spain, d. Ryan Harrison, United States, 7-6 (3), 5-7, 6-2. Yen-hsun Lu, Taiwan, d. David Ferrer (2), Spain, 5-4 retired. Women Second Round Li Na (7), China, d. Nadia Petrova, Russia, 6-1, 6-2. Marion Bartoli (9), France, d. Ayumi Morita, Japan, 6-4, 6-3. Jelena Jankovic, Serbia, d. Monica Niculescu, Romania, 6-2, 6-1. Romina Oprandi, Switzerland, d. Camila Giorgi, Italy, 7-5, 6-2. Lourdes Dominguez Lino, Spain, d. Laura Robson, Britain, 7-5, 6-3. Agnieszka Radwanska (3), Poland, d. Zhang Shuai, China, 6-2, 6-3. Angelique Kerber (5), Germany, d. Lara Arruabarrena-Vecino, Spain, 6-2, 6-0. Caroline Wozniacki (10), Denmark, d. Su-wei Hsieh, Taiwan, 6-7 (5), 7-6 (3), 6-0. Julia Goerges, Germany, d. Sam Stosur (8), Australia, 7-6 (2), 4-6, 7-5. Victoria Azarenka (1), Belarus, d. Sabine Lisicki, Germany, 6-4, 6-2.

UEFA CHAMPIONS LEAGUE

(Home teams listed first) All Times Eastern FIRST ROUND Tuesdays Scores Group E Juventus (Italy) 1, Shakhtar Donetsk (Ukraine) 1 Nordsjaelland (Denmark) 0, Chelsea (England) 4 Group F Valencia (Spain) 2, Lille (France) 0 BATE Borisov (Belarus) 3, Bayern Munich (Germany) 1 Group G Spartak Moscow (Russia) 2, Celtic (Scotland) 3 Benfica (Portugal) 0, Barcelona (Spain) 2 Group H CFR Cluj (Romania) 1, Manchester United (England) 2 Galatasaray (Turkey) 0, Braga (Portugal) 2

Stewart has been signed for a month, though his contract could be extended.

CALENDAR
TV Highlights
More listings are at tvlistings.nytimes.com, under the Sports-Events category.
Baseball 4:00 p.m. 7:00 p.m. 7:00 p.m. Noon 2:30 p.m. 2:30 p.m. Mets at Miami SNY Boston at Yankees ESPN, YES Baltimore at Tampa Bay ESPN2 UEFA Champions, St. Petersburg at A.C. Milan FSC UEFA Champions, Manchester City at Dortmund FSC UEFA Champions, Arsenal at Olympiacos MSG+

Soccer

This Week
HOME AWAY METS WED 10/3
MIAMI

THU 10/4

FRI 10/5

SAT 10/6

SUN 10/7

MON 10/8

TUE 10/9

4 p.m.
SNY BOSTON

YANKEES

7 p.m.
YES
CLEVELAND

PLAYOFFS T.B.A.
HOUSTON CHICAGO

GIANTS

1 P.M., SUNDAY CBS

JETS 8:30 P.M., MONDAY ESPN RED BULLS 3:30 P.M. SAT. NBC

EDeRosa (1). LOBPhiladelphia 10, Washington 10. 2BFrandsen 2 (9), LaRoche (35), DeRosa (5). HRRuf (2), off Gorzelanny; Ruf (3), off Clippard; LaRoche (33), off Lindblom. RBIsRuf 2 (9), Lombardozzi 2 (27), LaRoche (100), Bernadina (25). SBHarper (18). SF Lombardozzi. DPWashington 1 Philadelphia ip h r er bb so np era Rosenberg 4 3 1 1 2 3 54 6.12 Diekman 1 2 0 0 0 2 17 3.95 Lindblom L3-5 1 3 2 2 1 0 24 3.55 Horst 1 0 0 0 0 2 14 1.15 Bastardo 1 1 1 1 1 0 19 4.33 Washington ip h r er bb so np era Gorzelanny 3/ 4 1 1 2 5 65 2.88 C.Garcia 1/ 0 0 0 0 0 12 2.19 Duke W1-0 1 2 0 0 1 1 21 1.32 Mattheus H18 1 1 0 0 0 2 20 2.85 Clippard H13 1 2 1 1 0 0 20 3.72 Storen S4-5 1 0 0 0 0 0 9 2.37 T2:55. A33,546 (41,487).

EA.Dunn (2). LOBChicago 8, Cleveland 5. 2BWise (10), Chisenhall (6), Donald (2). HRViciedo (24), off C.Perez; Choo (16), off Peavy; Hafner (12), off Peavy. RBIsO. Hudson (17), Viciedo 2 (77), Choo (67), Donald (11), Hafner 2 (34). SBO.Hudson (3), Jor.Danks (3). Chicago ip h r er bb so np era Peavy 8 3 3 3 1 8 109 3.37 Veal / 1 0 0 0 1 9 1.38 Myers 1/ 2 0 0 0 2 28 3.12 Thornton L4-101/ 1 1 1 1 0 21 3.46 N.Jones / 1 0 0 0 1 8 2.39 Cleveland ip h r er bb so np era Masterson 6 4 1 1 1 5 99 4.93 J.Smith 1 0 0 0 0 0 12 2.96 Pestano 1 2 0 0 0 0 14 2.34 C.Perez 1 2 2 2 1 0 26 3.59 S.Barnes 1 0 0 0 0 2 11 4.26 E.Rogers 1 1 0 0 0 2 18 3.06 Seddon W1-1 1 0 0 0 0 1 11 3.82 T3:23. A10,015 (43,429).

TRANSACTIONS N.B.A.
DALLAS MAVERICKSWaived Holloway and C DJ Mbenga. PHILADELPHIA 76ERSNamed Cohn pro personnel scout. G Tu Jordan

N.F.L.
NEW YORK JETSSigned FB Lex Hilliard. Waived WR Patrick Turner. Signed WR Jordan White to the practice squad. Released CB Donnie Fletcher from the practice squad. BUFFALO BILLSReleased TE LaMark Brown and DB Isaiah Green from the practice squad. Signed DB Mana Silva and G-T Andrew Jackson to the practice squad. CINCINNATI BENGALSSigned TE Richard Quinn. Waived CB Chris Lewis-Hall. INDIANAPOLIS COLTSSigned LB Mario Addison to the practice squad. MIAMI DOLPHINSSigned WR Jabar Gaffney. Terminated the contract of WR Legedu Naanee and DL Andre Fluellen. Waived-injured LB Mike Rivera. SEATTLE SEAHAWKSReleased G Allen Barbre from the reserve list and running back Lonyae Miller from the practice squad. Signed TE Sean McGrath to the practice squad.

JAPAN OPEN
Ariake Colosseum TOKYO Singles First Round Milos Raonic (6), Canada, d. Radek Stepanek, Czech Republic, 6-4, 6-4. Tommy Robredo, Spain, d. Jarkko Nieminen, Finland, 6-2, 6-4. Jeremy Chardy, France, d. Yuichi Sugita, Japan, 6-1, 7-5. Kei Nishikori (8), Japan, d. Go Soeda, Japan, 4-6, 6-2, 6-3. Dmitry Tursunov, Russia, d. Bernard Tomic, Australia, 6-4, 7-5. Andy Murray (1), Britain, d. Ivo Karlovic, Croatia, 7-6 (7), 6-4. Marcos Baghdatis, Cyprus, d. Sergiy Stakhovsky, Ukraine, 7-6 (3), 7-5. Alejandro Falla, Colombia, d. Thomaz Bellucci, Brazil, 7-5, 6-2. Tatsuma Ito, Japan, d. Nicolas Almagro (5), Spain, 7-6 (4), 7-6 (5). Marco Chiudinelli, Switzerland, d. Martin Klizan, Slovakia, 7-6 (3), 6-2.

N.L. LEADERS
BATTINGMeCabrera, San Francisco, .346; Posey, San Francisco, .336; AMcCutchen, Pittsburgh, .327; Braun, Milwaukee, .320; YMolina, St. Louis, .315; DWright, New York, .307; Craig, St. Louis, .307. RBIHeadley, San Diego, 113; Braun, Milwaukee, 112; ASoriano, Chicago, 108; Pence, San Francisco, 104; ArRamirez, Milwaukee, 104; Holliday, St. Louis, 102; Posey, San Francisco, 101.

THE NEW YORK TIMES SPORTS WEDNESDAY, OCTOBER 3, 2012

B15

PRO BASKETBALL

Felton Is Happy to Be Back With the Knicks

By NATE TAYLOR

GREENBURGH, N.Y. Most Knicks returned to the teams training center to work out two weeks before training camp opened on Monday. Raymond Felton decided that was not enough time: he was in the gym three weeks ago. Felton wanted an early start to begin learning Coach Mike Woodsons offense. Then he interacted with teammates as they came in for voluntary workouts. As much as Felton felt he needed to be here before most of his teammates, he also did it for pride, for a renewed sense of dedication. Last season he was out of shape during the Portland Trail Blazers training camp after the lockout ended. Im ready to go, Felton said Monday at the Knicks media day. Im definitely happy to be back in the Knicks jersey again. The Knicks are also relying on Felton to be more than a solid point guard after they acquired him in a sign-and-trade deal instead of matching Jeremy Lins offer sheet from the Houston Rockets. It is hard to say whether Felton, 28, or the organization is more pleased to be reunited. Felton knows the best days of his career although a brief 54 games were with the Knicks, with whom he averaged 17.1 points and 9 assists. He also admits he has not played the same since he was traded by the Knicks during the 2010-11 season as part of the blockbuster deal that brought Carmelo Anthony to New York. The Knicks watched Felton become an All-Star-caliber player during that season, and the organization was saddened that he had to be part of the trade. Felton said he talked with the Knicks owner, James L. Dolan, soon after the trade. When free agency started in July, the two had another chat. I had a good talk with Mr. Dolan before I signed back here, he said. I told him I always wanted to come back. Felton has repeatedly said the lockout was no excuse for him starting the season overweight. But in his news conference Monday, Felton acknowledged his plan for the 2011 off-season was a bad one. I got really relaxed and complacent, he said. I didnt work as hard because I didnt think there was going to be a season. Woodson, who saw Felton lose more than 20 pounds this summer, said Tuesday that Felton would be his starting point guard. I think its fantastic, not only for him but for our ball club and the fans here in New York, Woodson said. Its important that he comes in with a chip on his shoulder because were going to need him to play at a high level. Felton said the offense would

Talent and Trouble Shadow Nets Blatche

By HOWARD BECK

CHANG W. LEE/THE NEW YORK TIMES

Raymond Felton, above in February 2011, and left at media day Monday, lost 20 pounds over the summer and is expected to be the Knicks starting point guard.
us. Anthony has noticed how much Felton enjoys playing with Kidd. I see a totally different Raymond right now in just his mindset and focus, Anthony said. For him, any other player could have easily said they didnt want to come back after being traded. He loved it here and he never wanted to leave here. The Knicks know they need a different, more improved Felton to have more success than last season. Long before training camp started, Felton was already at work on changing himself.

FRED R. CONRAD/THE NEW YORK TIMES

push the ball up the court when opportunities were available. Its definitely my job to make sure everyone, including Carmelo and Amare, stay happy and that we use their offensive skills to the max, he said. Jason Kidd, who will be the primary backup, is helping Felton figure out how to get Anthony and Amare Stoudemire to play well at the same time while also getting other players involved. When Felton was deciding where to play this summer, he said playing with Kidd was a major factor

Plan B after Lin signs as a free agent with the Rockets.

in his return to New York. Hes like a role model for me, Felton said. I grew up in high school watching Jason. Hes one of my idols, so to spend time with him and learn more of the game from him is going to be big for

REBOUNDS The Knicks and RASHEED WALLACE are still working a contract that will take Wallace out of retirement. MIKE WOODSON said he did not know how long it would be before Wallace joins the team. It is expected that Wallace wants the deal which will probably be one year at $1.7 million to be guaranteed. Were hoping hes here soon, Woodson said. We as a team are waiting to see what were going to do.

EAST RUTHERFORD, N.J. In his first act as Andray Blatches mentor, John Lucas took away his car keys. It was a deposit of sorts, a down payment on rebirth. Before Lucas could help Blatche salvage his N.B.A. career, he needed to see a commitment. For seven years in Washington, Blatche had tantalized coaches with his unique blend of size (6 feet 11 inches) and skills and athleticism, only to repeatedly disappoint with his poor work ethic and off-court antics. When Blatche at last sought out Lucas a former N.B.A. star and a renowned guide to wayward souls the only question was whether Blatche had the will to follow through. So Lucas asked for his keys, which would not be returned until Blatche had shown his dedication. I didnt know Andray before, Lucas said in a telephone interview, but I did know the skill level. I told him that nobody questioned his basketball. Everybody questioned his commitment. The questions will surely linger as Blatche enters his first season with the Nets, who signed him to a one-year contract in September after the Wizards cut him loose. But Lucas sees a talent ready to shine, an evolving young man who is finally ready to embrace responsibility. Blatche, 26, spent three months this summer at Lucass gymnasium in Houston, receiving a daily regimen of tough love, counseling and remedial nutrition training. He weighs 265 pounds now, down from 285, and is working to drop another 5. His new teammates raved about his play in September scrimmages. Coach Avery Johnson has already named Blatche his backup center. He doesnt back down from anybody, Johnson said after the Nets first practice Tuesday. Hes a skilled player. But the best sign might be his willingness to own his past. A lot of mistakes, he said of his Washington tenure. But I was a young guy. And not to make no excuses for myself, I did a lot of things. And I also didnt do a lot of things. But I was punished for the things I did and I learned from it, and Im moving on. Johnson is not looking back, either. No concern whatsoever, he said of Blatches missteps in Washington. He added, Its a clean slate. That slate needed a power sander. Blatche missed his first N.B.A. training camp in 2005 after being shot in the chest during an attempted carjacking. In 2007, he was charged with soliciting a prostitute, who turned out to be

an undercover police officer. A year later, he was arrested on a charge of speeding and was cited (for the third time) for driving with a suspended license. Blatche earned further infamy last year for hosting a party known as Lap Dance Tuesday at a Miami club. His conduct on the court could be just as maddening. In his worst moments, Blatche combined impulsive shot selection with indifferent defense. Yet his talent was clear. In a torrid 32game stretch to close the 2009-10 season, Blatche averaged 22.1 points and 8.3 rebounds while shooting .485 from the field. That summer, the Wizards rewarded him with a five-year, $35 million contract extension. They are still paying him $23 million for the final three years of that deal after waiving him in July. Blatche was so out of shape last season that the Wizards at one point shut him down and publicly listed the reason as conditioning. A wake-up call, Blatche called it. The job of my life, the job I love doing, can be taken from me in an instant, a blink of my eyes. To see what happened to me, to see that I have another chance, I dont want that to happen again. Blatche sounded contrite and hopeful. He became defensive only once, while disputing longago reports about a fight with his teammate JaVale McGee, which he said were exaggerated. In Houston, Blatche first received counseling and a psychological assessment, to see if there were any issues, said Lucas, who has battled drug addiction. We didnt find anything there. What Lucas did find was a player who became complacent after finding early success in the N.B.A., after entering the league as teenager in 2005. I just think Andray forgot how to work, Lucas said, adding, People stopped believing in him, and he stopped believing in himself. The Wizards locker room was perhaps the worst place for an immature player in need of guidance. Their personality was defined for years by Gilbert Arenas, whose locker-room gunplay nearly wrecked the franchise. The Nets are certain Blatche will benefit from a more stable environment and a veteran locker room. Lucas says he also plans to visit periodically. He says Blatche has the talent to be a starter and said he could be the steal of the summer. He recalled the first conversation they had in Houston many months ago. I was very stern with him early, Lucas said. I told him: Im going to take the keys to your car. But you can get them back. And he got them back.

HOCKEY
Donald Fehr, the leader of the N.H.L. players union, at a news conference last month. The latest bargaining session between the league and the players broke up after only two hours Tuesday. SOCCER

SPORTS BRIEFING

Bayern Munich Shocked In Champions League

BATE Borisov stunned Bayern Munich, 3-1, in Minsk on Tuesday for its second win in two games of the Champions League. Aleksandr Pavlov scored in the 23rd minute and Vitali Rodionov netted the second in the 78th for the Belarus team to upset Bayern, last seasons runner-up, which got a late goal from Franck Ribry. But Renan Bressan sealed the win in (AP) injury time. Barcelona center back Carles Puyol was taken to a hospital after dislocating his left elbow in the teams 2-0 Champions League win at Benfica. (REUTERS) In its first Champions League match at its new stadium, Juventus was held to a 1-1 draw by Shakhtar Donetsk. (AP)

BRUCE BENNETT/GETTY IMAGES

KAMRAN JEBREILI/ASSOCIATED PRESS

N.H.L. Labor Disputes Through the Years

The latest bargaining sessions between the N.H.L. and its players association broke up after only two hours Tuesday, setting the stage for the cancellation of regular-season games. The league, which locked out the players Sept. 15, is expected to begin canceling regular-season games this week. The season was scheduled to begin Oct. 11. Bill Daly, the deputy commissioner, said the N.H.L. lost close to $100 million because of the cancellation of the two-week preseason schedule. No new talks were scheduled. LOCKOUT Games Lost Leaders 1994-95 468 Owners: Gary Bettman. Union: Bob Goodenow Owners wanted a salary cap. Players wanted a salary cap for rookies only. 2004-5 1,230 Owners: Bettman Union: Goodenow Owners wanted a salary cap. Players wanted revenue sharing and a luxury tax. 2012-13 To be determined Owners: Bettman. Union: Donald Fehr Owners want to reduce players share of revenue to 47% from 57%. Players will accept 53% with increased revenue sharing. Players have offered concessions, but the owners have not. To be determined.

Helge Folkert Meeuw, from left, Britta Steffen, Jenny Mensing and Marco Koch of Germany after winning mixed-gender relay. CRICKET BASKETBALL

India Exits Tournament

India failed to reach the World Twenty20 semifinals despite beating South Africa by a run. India needed to win by a 31-run margin to beat out Pakistan. Host Sri Lanka will meet Pakistan in the first semifinal on Thursday, and Australia will take on the West Indies on Friday. (REUTERS)

Fever Top Dream

Katie Douglas scored 24 points and Erlana Larkins had 16 points and 20 rebounds to help the host Indiana Fever beat the Atlanta Dream, 75-64, and advance to the Eastern Conference finals. Indiana will face Connecticut on Friday. Seimone Augustus scored 21 points and the host Minnesota Lynx eliminated the Seattle Storm and advanced to the Western finals, where they will face the Los (AP) Angeles Sparks.

Red Bulls Shake Up Office

The Red Bulls continued to remake their front office when the club announced that General Manager Erik Solr had been relieved of his duties and was replaced by Jrme de Bontin. The Frenchman Grard Houllier, who earlier this year was named the head of Red Bulls global soccer operations, now takes the reins of all the M.L.S. clubs sporting operations as well. JACK BELL

Proposals

TENNIS

Record Australian Purse

In response to player concerns about prizes at Grand Slam tournaments, Australian Open organizers increased prize money to $31.1 million for 2013, a $4.15 million increase, making it the richest (AP) purse in tennis history. Rafael Nadal plans to play in an exhibition tournament in Abu Dhabi, United Arab Emirates, from Dec. 27 to 29. Nadal partially tore the patella tendon in his left knee and has not played since (AP) Wimbledon in June.

Who Blinked?

Owners of big-market teams pushed for a deal. Salary cap for rookies only; unrestricted free agency for players age 32 and older. N.H.L. squandered momentum from the Rangers winning the Cup in 94 and an opening provided by the baseball strike.

Union splintered after owners showed willingness to extend lockout for a second season. Players accept 24% pay cut and hard salary cap, which dropped players share of revenue to 57% from 75%. The news medias coverage of the N.H.L. plummets after lost season. But revenue and salaries eventually rise because of rules changes, the Winter Classic and Stanley Cup wins by big-market teams.

COLLEGE FOOTBALL

SWIMMING

Contract Outcome

Ex-Aide Sues Penn State

Mike McQueary, the former Penn State graduate assistant who said he saw Jerry Sandusky, the former assistant football coach, showering with a boy in 2001, sued the university for what he said was defamation and misrepresentation. A Penn State spokesman declined comment. (AP)

Mixed-Gender Team Wins

Britta Steffen of Germany held off fast-charging men from Hungary and Ukraine to anchor her country to victory in the first mixedgender relay at a World Cup. Germany won the 4x50-meter medley relay, which featured teams of two men and two women, in Dubai, United Arab Emirates, (AP) in 1 minute 43.21 seconds.

Long-Term Outcome

N.H.L. risks losing momentum as in 1994, losing a lucrative Winter Classic and losing another season as in 2004-5.

B16

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

FASHION

PHOTOGRAPHS BY VALERIO MEZZANOTTI FOR THE NEW YORK TIMES

Chanel Rises Above Its Excess

CHANEL

Dresses and knit separates in a spectrum of colors, above left. Above right, a cotton dress and cropped top with bands of embroidery. Left, hula hoop bags.
CHARLES PLATIAU/REUTERS

Paris Collections
Chanel, Chlo, Saint Laurent, Valentino

ONLINE: THE FRENCH COLLECTIONS For more Paris Fashion Week coverage, including slide shows on and off the runway, blog posts and street-style videos, visit
nytimes.com/fashion

PARIS On Tuesday morning, streams of black cars made their way to the Grand Palais for the Chanel show, and the driver of a Rolls-Royce with diplomatic plates got into a shouting match with two French police officers. Unsaid is how much fuel is burned for fashion: constructing show spaces that will be immediate tearFASHION REVIEW downs (Dior), installing mega sound systems (Saint Laurent) or just getting thousands of models, editors, buyers, hairdressers, caterers and the odd celebrity (Jennifer Lopez, at both Chanel and Valentino) around town. This extensive use of time and resources is all to display clothes in the most advantageous light. A designer must work doubly hard to show that theres a creative purpose in such excess. And even then, theres always a chance he or she will seem woefully out of touch. The 12 wind turbines on the Chanel runway, their blades idly turning under the glass roof of the Palais, did not mean that Karl Lagerfeld had gone green. Like the blue solar-panel pattern on the runway, they were strictly for effect: to suggest the technological innovations in the fabrics, as well as lightness and air. A household fan, I guess, just wouldnt do. Chanel can be accused of obtuseness and political incorrectness; it once trucked in an iceberg. In the end, the turbines didnt really add anything to the show, except an absurd sense of delight each time you looked up at the white blades. But neither did they detract from anything. On that JACQUES BRINON/ASSOCIATED PRESS huge, light-hazy stage, framed by the minimalist towers, the spectrum of colors royal blue, pink, aqua, red, sage, lavender blurred into random drops, much as your eye picks out the bright hues in crowded streets. Its hard to know where Mr. Lagerfeld gets

CATHY HORYN

his ideas, or how much of the total effect he sees in his mind as he starts to sketch a collection. But his ability to impart abstract impressions, as well as an attitude, is utterly fascinating. Another thing to look for in this collection are graphic textures: subtle grid effects created by mesh (sometimes embedded in cotton), very flat tweeds, the bold stripes in the platforms of shoes, and the checked edging of paper-white jackets and cropped tops. The short, blown-out silhouette is self-evidently about air. Hedi Slimane has returned to the runway, as creative director of Saint Laurent, where he once designed mens wear before transforming Dior Homme into a hot, skinny-suit connection. He brought back his showmanship but, alas, not the fashion sense that people expected of him. He seemed reluctant, in fact, to interpret the Saint Laurent style, and so what the audience got (I saw the collection online, as I was not invited) were tightened-up pantsuits, blouses with frothy bows, fringed suede, floppy hats, caftans and other bohemian trappings from the late 60s and 70s. It was a nice but frozen vision of a bohemian chick at the Chateau Marmont. The real question is whether there remains a vital enough story in Saint Laurent to tell to young women. With Cline, Phoebe Philo created her own. Maybe thats a cue to Mr. Slimane: Dont tell other peoples stories, tell your own. I dont know a virginal polo shirt from another polo shirt, but despite how that sounds, the Valentino designers, Maria Grazia Chiuri and Pierpaolo Piccioli, had a terrific show. In black, paper-white, ivory, and rose shades of pink, A-line dresses and skirts in lace and other materials lightly swept over the body. Feminine details, like collars and bib fronts, were restrained. Along with the fabrics, what made the collection was the modest, beautiful line. Clare Waight Keller has found her legs at

CHLO

A cotton top with tied bell sleeves, over shorts.

Chlo in cute, oversize Bermudas and rounded pants. The shorts looked great either with a slim collarless jacket and long crepe blouse or a cropped popover top (a trend this season) with crisp white T-top. The misses in this collection were almost all a result of some excessive gesture: a too-wide collar or overshaped sleeve. Last season she filled her collection with offbeat sportswear pieces. Somehow, she needs to pour off some of the feminine syrup.

VALENTINO

An A-line coat and mini in paper white floral lace. A clutch in exotic skin.

SAINT LAURENT

A fringed suede maxidress, left. Right, a slim suit with a bow-tied blouse.

C1

WEDNESDAY, OCTOBER 3, 2012

CAPCOM

Its Bioterrorism, and Even the Presidents a Zombie

In almost any art form, a sequel that ends in the number 6 is bound to be bad, but the vector of video game sequels tends to point toward improvement. Rough ideas are refined, old gameplay is made more fun, and better technology improves VIDEO GAME graphics and sound. REVIEW So it would have been reasonable to assume that Resident Evil 6, the latest sequel to gamings most successful horror series, had a shot at being good. Its creators took that shot boldly, producing the

STEPHEN TOTILO

most sprawling game in the series. But what they have achieved is troubled in triplicate. The new game is an ambitious mediocrity. It is an exhibition of the hazards for authors who appease howling fans. And it is, in all ways but one, an abandonment of the series creators former mastery of making something interactive feel scary. The new Resident Evil is a 25-hour adventure, set across four globe-spanning campaigns in a near future featuring a worldwide outbreak of bioterrorism that turns the United States president (and others) into a

Resident Evil 6 This latest installment from

Capcom moves away from mansions to include car chases and exploding helicopters.

zombie. Three of the games adventures star pairs of characters plucked from Resident Evil lore; the fourth is a solo adventure. Storytelling in video games is so primitive that it is a radical novelty that these four quests are experienced out of linear sequence. The narrative is all melodramatic backdrop. The

action of this Resident Evil, which has little in common with the movies of the same title other than the branding, once again involves a lot of running and shooting. The first Resident Evil was a wonderful oddity when it arrived in 1996 for the PlayStation. It was set in a creepy mansion and was designed to make you nervous. Players controlled one of two special agents who were perpetually low on ammunition and prone to all sorts of attacks from the shadContinued on Page 7

Films That Look Forward And Back

As the New York Film Festival celebrates its 50th anniversary, its rich, heady brew of nostalgia and anticipation evokes the opening words of T. S. Eliots poem Burnt Norton: Time present and time past/Are both perhaps present in time future. You have only to CRITICS NOTEBOOK glimpse the faces of the great French actors Jean-Louis Trintignant and Emmanuelle Riva in Michael Hanekes austere masterpiece Amour to have a mental double vision of them as they appear today and as you remember them from way back when. The existence of Amour, which won the Palme dOr at the Cannes Film Festival, attests to the continued artistic health of serious cinema, commercially marginal though it may be. Playing long-married music teachers in Paris facing the end of life, Mr. Trintignant and Ms. Riva are recognizably the same actors who starred in classic films of a half-century ago: Mr. Trintignant in A Man and a Woman, in 1966, and Ms. Riva in Hiroshima Mon Amour, in 1959. Now in their 80s, they are still beautiful, if fragile. Continued on Page 5

Big-League Music Hall in Wine Country

ROHNERT PARK, Calif. Most of the important music centers at American universities resulted from an academic imperative. A schools thriving music program could no longer be served by its buildings, so new and expanded facilCRITICS NOTEBOOK ities simply had to be created to foster further growth. Not so with the Joan and Sanford I. Weill Hall here at Sonoma State University, an inviting new 1,400-seat concert hall that was inaugurated on Saturday night with a recital by the pianist Lang Lang. Sonoma State, one of the smaller universities in the California system with just over 8,000 full-time students, is acknowledged for its programs in the liberal arts and sciences. But music has not been a focal point of its offerings; there are only about 150 music majors. The department oversees a wind ensemble, chamber music groups and choruses. Yet Sonoma State, a university that does not even maintain a student symphony orchestra, now boasts a $145 million complex, the Donald & Maureen Green Music Center, dominated by the impressive new Weill Hall

Weill Hall at Sonoma State University was inaugurated with a recital by Lang Lang.
and including music classrooms, rehearsal rooms, studios and a nearly completed 250-seat recital hall. Still to come is a large outdoor pavilion suitable for dance and popular music performances. How did this happen? In the mid-1990s, the universitys president, Ruben Armiana, visited Tanglewood and was deeply impressed by Seiji Ozawa Hall, which opened in 1994. Such a place belonged in Californias wine country, he believed. He had a vision of making Sonoma State a center for music and a public resource. At the time the university had modest plans for expanding its music facilities to include a new hall for choral performances. But Dr. Armiana had bigger plans. To design the hall, he hired the architect William Rawn, of William Rawn Associates in Boston, and the acoustician R. Lawrence Kirkegaard, who had collaborated on Ozawa Hall. He brought in Jeff Langley to be the centers artistic director. It took Dr. Armiana 15 years Continued on Page 6
KRISTEN LOKEN

ANTHONY TOMMASINI

City Opera Is to Shed Its Past, Not Store It

By DANIEL J. WAKIN

STEPHEN HOLDEN

New York City Opera, which has been seeking to forge a new identity since casting off from Lincoln Center two seasons ago, now appears ready to shed some of the tangible and expensive vestiges of its venerable past: the sets and costumes of many of its old productions. City Opera has asked the Glimmerglass Festival, which jointly

Eliminating or selling sets and costumes to save money.

produced about two dozen City Opera shows, to come and claim those production materials. The company also told the Portland Opera, which is renting its 2009 Don Giovanni, to dispose of it. And City Opera is in talks with a broker about selling other productions. The big picture is, we are looking at more cost-efficient models for storing our revival productions going forward, said George Steel, City Operas general manager and artistic director. At a cost of more than $500,000 a year, the warehouse in North Bergen, N.J., that contains the old productions is, Mr. Steel said, an extremely expensive way to store things. He added, Were looking at a number of different ways to get rid of, or find new homes for, productions, including selling some. He left open the possibility that Continued on Page 2

Gehry to Turn Bacardi Complex Into Arts Campus

By ROBIN POGREBIN

SONY PICTURES CLASSICS

Jean-Louis Trintignant and Emmanuelle Riva in Amour.

Many architects would be wary of touching a beloved Miami landmark like the multicolored Bacardi complex on Biscayne Boulevard. But the architect Frank Gehry is a fan of the organization that just purchased it: the National YoungArts Foundation, a nonprofit that helps aspiring high school artists. He has had a long relationship with the founders of YoungArts Lin Arison and her husband, Ted who also created the New World Symphony, for which Mr. Gehry designed a new center in Miami. And Mr. Gehry was intrigued by the

The national YoungArts program will make a Miami landmark its home.
foundations mandate: designing a master plan to convert the 3.5-acre former corporate campus into a multidisciplinary arts complex that will include year-round cultural programming. Mr. Gehry will not change the signature Bacardi buildings themselves, whose exte-

riors were landmarked in 2009 and have long been admired for their tropical, Latininfused take on Modernism, except to make interior alterations. But he will create a park and replace an existing office building which is not landmarked with a new performing arts center of his design. Its not going to be a building thats architecturally published in any way, Mr. Gehry said in a telephone interview, referring to the public attention his projects usually get. But its a place I want to go. A showpiece of the campus is an eightstory main tower, designed by Enrique Continued on Page 4

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

The Body As Pretzel, With Lots Of Mustard

What is flexing? said a man named Reem at powerHouse Books in Brooklyn on Saturday night. The question was rhetorical, and people crowded around him in that unlikely and not ideal locale were there to learn the answer, not give it. Learn they did. The event, Flex Is Kings Live, part of DANCE the Dumbo Arts Festival, REVIEW took its name from Flex Is Kings, a coming documentary about the street-dance movement called flexing. Reem and his co-host, Ringmaster Regg, entertainingly introduced each of the 20 dancers and labeled stylistic groupings. They taught the proper exclamations of approval: mud and B.A., which is sort of like, as Reem glossed it, mazel tov. Rooted in east Brooklyn, flexing is expanding in popularity, and the flexors here also represented other boroughs. According to Reem, flexing grew out of the Jamaican style brukup (also rendered as bruk-up or bruk up), but its resemblance to American popping and locking is clear. Theres a lot of mime, much robot articulation of the joints and Egyptian-angled tutting. The footwork, when the feet arent fixed in a weight-lifter stance, glides along the ground, rolling over ankles and toe tips. Sometimes this gliding is done on the knees. Cakes, a big guy with the face and shape of a fat baby, seduced a young lady in the front row. Flizzo, also big, only bearded like Rick Ross, removed his shirt to reveal his name, tattooed across his belly. He demonstrated what flexors mean by a punch line by having a finch fly out of his mouth. As the bone breakers illustrated, flexing can be freak-show grotesque, like Houdini breaking out of a straitjacket, arms bending as arms should not bend. When the one known as Show Off cranked Quamaines hand all the way around, it was merely a sadistic variation on the masochistic torture implicit in the style. Reem displayed unmistakable authority in his own floor-skimming get low mode. His musical timing and dramatic pacing were heightened by the look on his face, a scared-child expression that could be interpreted either as memories from a rough upbringing or a normal response to the other dancers. The high point of the evening came when Reem was joined by Storyboard Professor, a dancer on a level all

BRIAN SEIBERT

PHOTOGRAPHS BY JULIETA CERVANTES FOR THE NEW YORK TIMES

Flex Is Kings Live This introduction to the

street-dance movement called flexing, presented at powerHouse Books as part of the Dumbo Arts Festival in Brooklyn, included body-twisting performances by Leo, above, and Reem, left.

ONLINE: SLIDE SHOW

More photos from the performance:

nytimes.com/dance

his own. In Storyboards style, the common motifs of being blown backward and pulling yourself up became aching expressions of emotion. His liquid flow was otherworldly, and it was brave how he risked being seen as feminine. Storyboard responded best to the cinematic and melodic qualities of the live music by Tranimal, the cello-and-electronics duo of Chrissy Lancaster and Jerome Begin. Accompanying street dance with artscene sounds worked fine until the end, when Alison Clancy, a Deborah Harrylike singer, seemed out of place. But her presence underlined an absence. Where were the women of flex?

City Opera Seeks to Shed Its Past, Not Store It

From First Arts Page some sets would be thrown away, but declined to say how many productions would be disposed of, or which ones would be revived. Here you are, trying to weasel your way into our artistic planning, he said in a telephone interview. He said the goal was to auction off or sell as much of the material as possible. He said one way to save money on storage would be to keep productions that are scheduled for revival in trucks. City Operas financial difficulties prompted the move from the David H. Koch Theater in Lincoln Center, along with shrinking the season to just 16 performances and 4 productions, a far cry from the 15 or so productions and scores of performances just a decade ago. The company also moved its administrative offices to less expensive quarters in Lower Manhattan. Most of its administrators and artistic personnel have turned over. The paring down makes sense, given the companys need to save money and its new focus as a forward-looking presenter of new productions. I think its incredibly strong artistically to have a season entirely of new productions, Mr. Steel said. He also pointed out that the budget was balanced and that the performances last year held in several small to midsize theaters around the city sold out. Mr. Steel said that only a very, very small number of productions in the house would ever be revived and that other productions that are eliminated like the Don Giovanni in Portland could be reconstructed at a lower cost. Still other productions are missing pieces, he said, and a 1985 warehouse fire destroyed many costumes. The companys Web site lists more than 90 productions available for rental. But the idea of eliminating old productions en masse will pain those who lament New York City Operas demise as a major repertory company and savor its past the days of Beverly Sills, Plcido Domingo and Julius Rudel and its founding in 1943 by Mayor Fiorello H. La Guardia as the peoples opera. Mr. Rudel, who has been a vocal opponent of Mr. Steels direction, called the loss of old productions horrendous, adding: It puts the final nail in the coffin. It means there is no more company. Old City Opera productions include several with sets designed by Maurice Sendak; Renata Scottos 1995 Traviata; a 1982 Candide directed by Harold Prince; and works created for Ms. Sills, including Donizettis Stuart trilogy Anna Bolena, Maria Stuarda and Roberto Devereux and a 1968 Manon. Eliminating the Don Giovanni, a well-reviewed, successful version from just 2009, caught the Portland Operas production director by surprise. That official, Laura Hassell, said that City Opera had asked for the production to be destroyed once Portland was done with it. Ms. Hassell said such a request was not unusual for a company that did not want to continue storing something. understanding. Mr. Steel at first acknowledged that whatever Glimmerglass does not take will be discarded, but called back to say that City Opera would try to dispose of anything left in the best possible way. Mr. Goldman said Glimmerglass had not yet come up with a plan. Its a very serious choice that theyre making, he continued, because great companies traditionally have saved their productions for potential revivals. He noted that some set designers used elements of past productions to create new shows. He said City Opera had also asked him to remove his own production of Porgy and Bess, and he is trying to find a home for it. The companys musicals may also be on the block. The Lyric Stage of Dallas recently bought City Operas Most Happy Fella after first discussing a rental. Steven Jones, the Lyric Stages founding producer, said that when he asked what other musicals were for sale, he was told by a City Opera official that the company was negotiating with a broker, which would handle any sales if hired. Mr. Steel took issue with examining the fate of City Operas production stock. I feel like youre creating a false story, he said. Its been a complicated money loser for a long time, and were trying to sort it out.

Cast of Unknowns Swept Along By the Verdian High Tides

The opera performances that move, excite and delight us most are not always the ones we think they will be. They are not necessarily those with the most hype, the most famous artists or the most innovative repertory. Rather, they are those that remind us of the reasons we go to the opera in the first place: the intensity of the MUSIC emotions, the exhilaration of REVIEW the interplay between text and music, the joy of performance. The season premiere of Verdis Trovatore at the Metropolitan Opera on Saturday afternoon was such an occasion. Despite a cast made up largely of singers unknown even to regular operagoers, a conductor who has done little in New York, and a production that has been inconsistently persuasive in recent revivals, it was rousing, satisfying, truly fun. The soprano Guanqun Yu was already scheduled to sing Leonora for her first performance at the Met on Oct. 17, but her debut was moved up when a colleague fell ill. It was an excellently sung, impressively assured performance. Ms. Yus voice has silvery focus with a dark patina; it soared over the ensemble that ends Act II. Most important, even at this early point in her career, she already uses coloratura not merely to sound pretty but also to express character. Singing both verses of her fourth-act cabaletta with fiery accuracy a challenge even for more experienced singers Ms. Yu conveyed a startling intimacy in the huge Met, as if you were peering into Leonoras fevered thoughts. One advantage of casting the tenor Gwyn Hughes-Jones and the baritone Franco Vassallo as Manrico and the Count di Luna is that the two look plausibly like the brothers that a plot twist reveals them to be. Mr. Hughes-Jones sang with ardent muscle, and Mr. Vassallo gave a firm, powerful rendition of the counts longing monologue, Il balen. Like everyone else onstage, both men acted with intense commitment to the operas gloriously extreme plot. Azucena, the vengeful Gypsy, was the role of the mezzo-soprano Dolora Zajicks Met debut back in 1988. David McVicars grimly realistic production suits her clear, straightforward style, and she

ZACHARY WOOLFE

Warehouse costs of more than $500,000 a year prompt changes.

But it does seem soon for them to get rid of it, she added. Sherwin M. Goldman, the president of the board of Glimmerglass and a former City Opera executive producer, said City Opera officials asked Glimmerglass to take possession of their co-productions. Weve been informed at Glimmerglass that if we want any of the co-productions, we should come get em, he said, or they will be thrown out. Thats my

RUBY WASHINGTON/THE NEW YORK TIMES

Il Trovatore

The soprano Guanqun Yu in David McVicars staging of this Verdi work at the Metropolitan Opera House.

At the season premiere of Il Trovatore, a debut that was moved up.

was on fire on Saturday, singing tirelessly and growing in authority as the opera went on. By the final scene between her and Manrico, the performance was in a deep, delicious groove. Daniele Callegari conducted a crisp account of the score that pushed relentlessly forward. Even the smaller roles were well cast, particularly the commanding bass Morris Robinson as the army captain Ferrando. All these elements came together, however unexpectedly, in a fabulous Trovatore. Last year the most recent revival of this opera featured the Mets current main Verdi lineup: Sondra Radvanovsky, Marcelo lvarez and Dmitri Hvorostovsky, international stars all. (The three form the core of the cast for a new production of Un Ballo in Maschera opening on Nov. 8.) That was a glittery performance on paper but a leaden one in practice. If forced to choose, I would go with Saturdays more modest, more thrilling roster in a heartbeat.

ANDREA MOHIN/THE NEW YORK TIMES

Daniel Okulitch and Stefania Dovhan in City Operas 2009 Don Giovanni, which the Portland Opera has been told it can dispose of.

Il Trovatore runs through Jan. 24, with cast changes, at the Metropolitan Opera House, Lincoln Center; (212) 362-6000, metopera.org.

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

C3

Arts, Briefly
Compiled by Dave Itzkoff

Producer Says He Did Not Fake Rebecca Investor

The lead producer of the scuttled Broadway musical Rebecca said on Tuesday that he did not fabricate the existence and death of a major investor in the show, Paul Abrams, whose identity is now part of a criminal inquiry by the United States attorneys office in Manhattan and the F.B.I. The producer, Ben Sprecher, called off this falls opening of Rebecca on Sunday, saying that the $12 million show was short by $4.5 million because of the last-minute loss of investors. Mr. Sprecher said last month that Mr. Abrams had died of malaria in London in August, but the mans existence has been cast into doubt, and Mr. Sprecher has acknowledged that he never met or spoke to him. Federal authorities interviewed Mr. Sprecher last week about Mr. Abrams and other aspects of the production, according to a person with knowledge of the investigation who was not authorized by the federal agencies to speak publicly about the matter. Mr. Sprecher has said he was connected to Mr. Abrams by a third party, whom Mr. Sprecher and his lawyer, Ronald G. Russo, have declined to identify. Mr. Sprecher, in a brief telephone call on Tuesday, said, I never made up or fabricated any investor, and I never made up Paul Abrams. Mr. Sprecher also said that he was developing a new production of Rebecca that he hoped to mount soon, on Broadway or elsewhere; he declined to answer questions about that effort or the criminal investigation. Renewing his bid to stage Rebecca, which has been popular in earlier runs in Europe, could delay the legal liability for Mr. Sprechers company, which would owe millions of dollars to investors if the show never PATRICK HEALY and opens.
WILLIAM K. RASHBAUM

Hands on a Hardbody has confirmed its opening for the 2012-13 Broadway season. The show, about a group of Texans in an endurance contest to win a new truck, will begin preview performances on Feb. 23 at the Brooks Atkinson Theater and open on March 21, the producers said Tuesday. The Broadway cast will be the same performers from last springs production at La Jolla Playhouse in San Diego, including Keith Carradine (a Tony nominee for the title role in The Will Rogers Follies), below; Hunter Foster (Urinetown); Mary Gordon Murray (a Tony nominee in 1982 for Little Me); and Connie Ray (Next Fall). Based on a 1997 documentary by S. R. Bindler and Kevin Morris, the musical has a book by the Pulitzer Prize-winning playwright Doug Wright (I Am My Own Wife), music by Trey Anastasio of Phish and Amanda Green (the new musical Bring It On), and lyrics by Ms. Green. The musical staging in La Jolla was by Benjamin Millepied, perhaps best known for his choreography in the movie Black Swan; because of a scheduling conflict, he has been replaced by the Broadway choreographer Sergio Trujillo (Jersey Boys). The director is Neil Pepe, the artistic director of Off Broadways Atlantic Theater Company. PATRICK HEALY

JULIE GLASSBERG FOR THE NEW YORK TIMES

Dave Grohl, shown on Saturday at Central Park, has said that the Foo Fighters are on hiatus.
break up the band. Now Mr. Grohl, who started the band 18 years ago, has posted a letter on its Facebook page making clear that the band is on hiatus. Im not sure when the Foo Fighters are going to play again, he wrote. It feels strange to say that, but its a good thing for all of us to go away for a while. Mr. Grohl said that the Foo Fighters was not disbanding, but added that the members needed a break from one another. Mr. Grohl formed the Foo Fighters in 1994 after Kurt Cobains suicide ended Nirvana, the band in which Mr. Grohl was the drummer. It has been one of rocks most successful acts, winning 11 Grammys. Mr. Grohl said he would devote himself in the coming months to finishing a documentary film and album he has been making called Sound City.
JAMES C. McKINLEY Jr..

created by Terence Winter (The Sopranos) and stars Steve Buscemi as the corrupt politician Nucky Thompson, has won 12 Emmy Awards and been nominated both years for outstanding dramatic series. (Other winners have included the executive producer Martin Scorsese, who earned his first-ever Emmy for directing the Boardwalk Empire pilot.) Its third season,

which started on Sept. 16, has drawn just under 3 million viewers an episode for debut broadcasts of new installments.

Screen Actors Guild Declares Film Ineligible

The Screen Actors Guild has declared the film Beasts of the Southern Wild ineligible for its

annual awards, The Hollywood Reporter said. Beasts of the Southern Wild, an independent film directed by Benh Zeitlin and released by Fox Searchlight, is considered a powerful magnet for acting trophies that would probably reward the spunky lead performance of its now 9-year-old star, Quvenzhan Wallis, who plays Hushpuppy, the films young protagonist, as well as the work of her co-star, Dwight Henry, who plays her father, Wink. Neither actor had worked professionally before Mr. Henry was working as a baker at the time he was cast and the SAG-AFTRA guild has determined that the production did not meet the terms of the guilds low-budget feature agreement. Just how big a blow this may be against the actors in their pursuit of the seasons top prize an Academy Award is not immediately clear. The Hollywood Reporter cited several actors who recently received Oscar nominations without being nominated for a SAG Award, including Gary Oldman (for Tinker Tailor Soldier Spy), Rooney Mara (The Girl With the Dragon Tattoo) and Max von Sydow (Extremely Loud and Incredibly Close). In 2001, Marcia Gay Harden was not nominated for a SAG Award, and still won an Oscar for her supporting performance in Pollock.

Foo Fighters Taking a Break

When Dave Grohl looked out at the sea of people in Central Park last weekend for the Global Citizen Festival, he said he did not know if his band Foo Fighters would ever play a concert together again. This is where we play as many songs as we can in a short period of time, he said, because, honestly, I dont know when were going to do it again. The comment left some fans wondering if Mr. Grohl intended to

Boardwalk Empire Is Renewed by HBO

HBO said on Tuesday that it had ordered a fourth year of the Prohibition-era period drama, Boardwalk Empire. In its first two seasons the show, which was

Hands on a Hardbody Sets Broadway Opening

The movie-turned-musical

Full of Advice, and Full of Themselves

If arrogance is par for the course on Top Chef, the reliable Bravo reality competition, then Jen Carroll was steadily shooting birdies, or even eagles. As a contestant on the shows sixth season, and later on the allstar season, she TELEVISION was acerbic and REVIEW wild, and hubristic beyond measure, one of the great reality-TV tragic heroes of recent years. On the all-star season, she flamed out early, leaving in a cloud of curses and indignant tears. She did not get a consolation prize for good sportsmanship. Life After Top Chef, which starts Wednesday on Bravo, follows four of the motherships more electric personalities: the dweeby Richard Blais, who won the shows all-star season; the constitutionally suave Fabio Viviani; the frayed Ms. Carroll; and the oily Spike Mendelsohn. The show polite, pulpy, promotional is both a familiar act of Bravo self-cannibalism and also an implicit acknowledgment that most of these chefs could not sustain a series alone (the exception being Ms. Carroll, though a show starring her might be Bravos darkest offering). Each veteran has a story arc that is arriving at a breaking point. In the premiere theyre brought together for an event in Aspen, but the foursome is as fabricated a unit as any boy band. Only Mr. Blais and Mr. Viviani have real chemistry with each other, fed by their polar approaches to cooking. The difference between me and you is that I can do a corn on the cob and get away with it, Mr. Viviani tells Mr. Blais, with the confidence of a man whos never had to button the top buttons of his shirt to make a good impression. He adds, as Mr. Blais slaves over some of his signature advanced-placement dishes, You have to do this kind of food to impress. Mr. Blais is opening a restaurant in Atlanta, and appears more worried about letting himself down professionally than disappointing his wife personally. He also frets over Mr. Vivianis Dominos Pizza commercial, worrying that his self-promotion lags behind that of his peers. I want to make sure that Im competing with them in a lot of those arenas, he says, truthfully but uninspiringly. Mr. Viviani, who is ruggedly beautiful and vacant, craves af-

JON CARAMANICA

NICK WASS/BRAVO

Life After Top Chef

Jen Carroll, center, one of the former Top Chef contestants followed in this Bravo series on Wednesday nights at 10, Eastern and Pacific times; 9, Central time. Carroll to consider doing a Playboy spread as a way of getting attention. Its crude, but it would have been even harder to take if, earlier in the episode, you hadnt felt a giddy thrill in seeing Mr. Mendelsohn flipping burgers in his familys restaurant.

fection and attention. The kisses he places on the cheeks of the housewives who attend his cooking classes juicy, moist, sexy and drunk is how he describes one dish are like mini-vacuums, heavy on suction. Mr. Mendelsohn, who cheerfully acknowledges hes looking to extend his 15 minutes, is like a fifth-generation photocopy of Mr. Viviani, slicker but charm-free. They are the opposite of Ms. Carroll, who has sad, defeated eyes. Of the four, she is the only one without a restaurant (or soon-to-open one) to her name, and it clearly gnaws at her. Mr. Mendelsohn advises Ms.

C4

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

Gehry to Turn Bacardi Complex Into an Arts Campus

From First Arts Page Gutirrez, a collaborator of Mies van der Rohes, and completed in 1963. The towers exterior walls are covered in a mural made of 28,000 blue-and-white tiles by the Brazilian artist Francisco Brennand. Under the new plan, the tower will contain an existing entrylevel art gallery, along with new administrative offices and housing for artists in residence. Also noteworthy is a smaller annex building, designed by Ignacio Carrera-Justiz, perched 47 feet above the street, and completed in 1975. It is called the Jewel Box because of its glass mosaic walls, which were based on designs by the German artist Johannes Dietz. The walls illustrate the rum-making process: how stalks of sugar cane are converted into molasses. The annex will contain dance, recording and visual arts studios, work spaces and classrooms. Until 2009 the buildings served as the headquarters for Bacardi USA, the American import and distribution arm of the spirits and wine producer, now based in nearby Coral Gables. These buildings represented our home they helped keep us unified coming out of Cuba, said Facundo L. Bacardi, a fifth-generation family member and chairman of Bacardi Ltd., the parent company. So we wanted to make sure they ended up with someone who could extend that legacy of

A colorful Modernist site screams art organization.

community. Ms. Arison and her husband, the founder of Carnival Cruise Lines, who died in 1999, created YoungArts in 1981 as the National Foundation for Advancement in the Arts, envisioning it as an organization that would develop talented young artists in the visual, literary and performing arts through mentoring, master classes and access to scholarships. Students are admitted by audition to intensive one-week sessions of training and performances in Miami, New York, Los Angeles and Washington. But over the last couple of years YoungArts has determined that it needs a permanent home, having operated out of a downtown Miami office building and borrowed spaces. Weve been doing what we do for 31 years quietly, Ms. Arison

said. There is no way anyone will pay attention to us unless we have our own identity in the city and unless we do things all year round. The organization wants to raise its profile so that it can reach more students. There are far more talented young artists out there who need our recognition and support, said Paul T. Lehr, YoungArts executive director. After scouting locations, YoungArts settled on the Bacardi site. This screams art organization, Ms. Arison said. YoungArts paid $10 million for the complex from its $42 million endowment. Its $6 million annual budget is expected to increase as much as 40 percent as its operating expenses grow. YoungArts will collaborate on programming with organizations like the Miami Art Museum and the Miami City Ballet. Its going to turn into an arts campus, said Michael M. Kaiser, the president of the John F. Kennedy Center for the Performing Arts in Washington, who has served as a consultant to YoungArts over the last year. This is going to accelerate the artistic activity in the city. As part of its expansion, YoungArts will add a new discipline architecture and design to its existing nine: cinema, dance, jazz, music, photography, theater, visual arts, voice and writing. Mr. Gehry will mentor a group of aspiring designers in the preservation and transformation of the Bacardi complex. The organization has named Mr. Gehry an artistic adviser, along with the opera singer Plcido Domingo and the dancer Bill T. Jones. More than 16,000 young artists have come through YoungArts, which pays their expenses, and the program has helped generate $100 million in college scholarships. Among its alumni are the actress Vanessa Williams, the recording artist Nicki Minaj and the multimedia artist Doug Aitken. The HBO program YoungArts MasterClass features mentors in the program like the playwright Edward Albee, the opera singer Rene Fleming and the actor Robert Redford. Mr. Redford is interested in bringing YoungArts weeks to Sundance Institute, Ms. Arison said. YoungArts has developed a study guide, based on the HBO series, for high school teachers with Teachers College, Columbia University.

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AN ENEMY OF THE PEOPLE

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" Broadway's Biggest Blockbuster " The New York Times Tonight at 7 Added Perf. Sunday at 8 Music and Lyrics by Stephen Schwartz Book by Winnie Holzman Based on the novel by Gregory Maguire Musical Staging by Wayne Cilento Directed by Joe Mantello Tu & We 7; Th-Sa 8; Sa 2; Su 3 & 8 Ticketmaster.com or 877-250-2929 Groups: 646-289-6885/877-321-0020 WickedtheMusical.com Gershwin Theatre(+) 222 West 51st St.

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CHAPLIN THE MUSICAL

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THE LION KING

Tonight at 7 DISNEY presents

TODAY AT 2&8 "THE SHOW ROCKS!" -NY Times Experience the Phenomenon "A SENSATION!" - TIME Magazine BLUE MAN GROUP 1-800-BLUEMAN - BLUEMAN.COM Mon 2&8, Tues 8, Wed-Thur 2&8, Fri 8, Sat-Sun 2,5&8 Groups of 15+: (212) 260-8993 Astor Place Theatre, 434 Lafayette St.

By Jon Kern Directed by Peter DuBois 2ST.com or 212-246-4422 Tue 7; Wed & Sat 2&8; Thu 7; Fri 8; Sun 3 Second Stage Theatre, 305 W. 43rd St

MODERN TERRORISM, Or They Who Want To Kill Us and How We Learn To Love Them

"THIS SHOW COULD RUN FOREVER!" Variety Today at 2 & 7 Tue-Thu 7; Fri & Sat 8 Wed & Sat 2; Sun 3 Telecharge.com/212-239-6200 www.ojtjonstage.com The Westside Theatre, 407 West 43rd St.

OLD JEWS TELLING JOKES

Tonight-Saturday at 8; Saturday at 2:30 FINAL 5 PERFS - THRU SAT. ONLY! "UPROARIOUSLY FUNNY." -NY Mag (COCKFIGHTPLAY.com) by MIKE BARTLETT Directed by JAMES MACDONALD The Duke on 42nd Street - 229 W. 42 St. For Tix: Dukeon42.org or 646-223-3010

"___"

Tonight at 8 "BRILLIANT, EXUBERANT AND INFECTIOUS." Holden, NY Times Tue-Fri at 8; Sat at 3 & 8; Sun at 2 & 5:30 Ticketmaster: (800) 982-2787 Groups 10+: toll free (855) 203-9980 www.stomponline.com Orpheum Theatre, Second Ave at 8th St.
BRIAN FRIEL'S

Today at 2 & 8 Visit Telecharge.com or call 212-239-6200/800-432-7250

STOMP

WINNER! 5 TONY AWARDS Wednesday Evening Talkback Series Begins Tonight with "The Music Behind The Madness"

BEST MUSICAL 2006 Tony Award Winner Today at 2 & 7 "TOO GOOD TO BE TRUE! IT'S TERRIFIC!" NY Post Tue-Thu 7; Fri & Sat 8; Wed & Sat 2; Sun 3 Telecharge.com or 212-239-6200 Group Discounts (15+): 877-536-3437 JerseyBoysBroadway.com August Wilson Thea(+) 245 W. 52nd St. Tonight at 8 Benny Andersson & Bjorn Ulvaeus'
The Smash Hit Musical Based on the Songs of ABBA Telecharge.com or 212-239-6200 Groups: mammamiagroups.com Mon 8; Wed-Sat 8; Sat & Sun 2; Sun 7 www.MammaMiaNorthAmerica.com Winter Garden Theatre(+) 1634 Bway

JERSEY BOYS

Now Through January 20 Only! Ticketmaster.com or 877-250-2929 Tue -Thur 7;Wed & Sat 2;Fri & Sat 8; Sun 3 PeterandtheStarcatcher.com Groups (12+) 877-321-0020 Brooks Atkinson Theatre (+) 256 W. 47th

PETER AND THE STARCATCHER

Mon 8; Tue 7; Wed-Sat 8; Wed & Sat 2 Grps: 800-BROADWAY or 212-239-6262 Majestic Theatre(+) 247 W.44th St.

THE PHANTOM OF THE OPERA

"MICHAEL CRISTOFER IS AN ACTOR OF UNCOMMON INTELLIGENCE!" -Variety Tonight at 7 by Stephen Belber directed by Lucie Tiberghien (212) 352-3101 mcctheater.org Tue-Wed 7, Thu-Fri 8, Sat 2+8, Sun 3 Lucille Lortel (+) 121 Christopher St

DON'T GO GENTLE

Now thru January 6 Only! Today at 2 & 8 BEST PLAY! 2011 Tony Award Winner Lincoln Center Theater presents A National Theatre of Great Britain Production Tue 7; Wed-Sat 8; Wed & Sat 2; Sun 3 Telecharge.com or 212-239-6200 Groups 12+: 212-889-4300 WarHorseOnBroadway.com Vivian Beaumont Theater (+) 150 W.65 St.

A searing drama inspired by actual events in Northern Ireland in the 1970's By the author of Dancing at Lughnasa directed by Ciaran O'Reilly OCTOBER 3 NOVEMBER 25 212-727-2737 / www.irishrep.org The Irish Repertory Theatre (+) 132 W 22

THE FREEDOM OF THE CITY

MAMMA MIA!

TOMORROW AT 8 "IMPOSSIBLE TO RESIST." -New York Times Critic's Pick Broadway's Best Party Telecharge.com or 212-239-6200 Tue 7; Mon, Thu-Sat 8; Sat 2; Sun 3 & 7:30 www.RockOfAgesMusical.com Helen Hayes Theatre (+), 240 W 44th St.

WAR HORSE

Today at 2 & 8 "Powerful, Moving New Play!" - KDHX Tickets From Only $39.50 Group Discounts 10+ 212.382.3410 Tu 7, W 2 & 8, Th & F 8, Sa 2 & 8, Su 3 Ticketmaster.com or 800.982.2787 Minetta Lane Theatre - 18 Minetta Lane FallingPlay.com

ROCK OF AGES

FALLING

NEW YORK TIMES CRITIC'S PICK Tonight at 7:30 A New Play by NINA RAINE Directed by DAVID CROMER Tu-Fr 7:30; Sa 2:30 & 7:30; Su 2:30 & 7:30 SmartTix.com or 212-868-4444 www.TribesThePlay.com Barrow Street Theatre (+), 27 Barrow St.

TRIBES

"ELECTRIFYING!" -Chicago Sun-Times Preview Tonight at 8 TRACY LETTS AMY MORTON Steppenwolf s Production of

Tonight at 7 DISNEY and CAMERON MACKINTOSH present Tickets & info: MaryPoppins.com or call 866-870-2717 Groups (15+): 800-439-9000 Tue-Thu 7; Fri 8; Sat 2 & 8; Sun 1 & 6:30 New Amsterdam Thea(+) B'way & 42 St.

Broadway's High Flying Spectacular! Tomorrow at 7:30

MARY POPPINS

877-250-2929 or Ticketmaster.com Mon, Tu, Th 7:30; Fr 8; Sa 2 & 8; Su 1 & 7 SpiderManOnBroadway.com Foxwoods Theatre (+), 213 W. 42nd St.

SPIDER-MAN TURN OFF THE DARK

Carrie Coon Madison Dirks Directed By PAM MACKINNON Tue-Sat 8; Sat 2; Sun 3 Telecharge.com or 212-239-6200 VirginiaWoolfBroadway.com Booth Theater, 222 West 45th St

EDWARD ALBEE S WHO S AFRAID OF VIRGINIA WOOLF?

"A Godsend!" - Ben Brantley, NY Times "Riotous, Biting & Brilliant" -NY Daily News

Tu 8, W 2 & 8, Th & F 8, Sa 2 & 8, Su 7:30 Telecharge.com or 212.239.6200 47th Street Theatre - 304 W. 47th Street ForbiddenBroadway.com

FORBIDDEN BROADWAY: ALIVE AND KICKING!

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

C5

Films That Look Forward and Back, Reflecting on Times Changes

From First Arts Page Amour, which has the first of two festival screenings on Friday at Alice Tully Hall, is a rigorously unsentimental, magnificently acted dual portrait of old age and looming mortality. Mr. Trintignants character, Georges, cares for his wife, Anne, after she has had two strokes and loses the will to live and the ability to communicate. Even as these characters contemplate euthanasia and suicide, they embody a stately stoicism. Unlike in his previous films The White Ribbon, Funny Games and Cach, Mr. Haneke has no diabolical tricks up his sleeve here. The most kindhearted movie by a director whose typical films inspire more respect than trust, Amour lacks the undertone of chilly misanthropy that has long been a Haneke signature. Reflections on the continuity of past, present and future are embedded in many other films in the festivals second week. One happy discovery is Jun Robles Lanas poignant comedy Bwakaw, in which the distinguished Filipino actor Eddie Garcia, whose career spans six decades, portrays Rene, a cantankerous gay man in his 70s who has only recently admitted his sexuality. Rene lives in a backwater with his beloved dog, whose name gives the movie its title. His budding friendship with a burly, married taxi driver awakens his need for physical affection. In Memories Look at Me, the elegiac low-tech directorial debut of the Chinese filmmaker Song Fang, a young woman travels from Beijing to Nanjing to visit her elderly parents. The movie is a somber, gently touching intergenerational reflection of shared memories and speculations about the future that adds up to a nofrills affirmation of familial bonds. Time dissolves in Night Across the Street, the final film by the Chilean surrealist Ral Ruiz, who died in 2011 at 70. Mythical and historical figures like Beethoven and Long John Silver wander through this playful supernatural fever dream, whose central character, Don Celso (Sergio Hernndez), envisions his own demise. The continued presentation of Ruiz films in the festival since 1983 is a testament to the adventurous taste of the Film Society of Lincoln Centers departing program director, Richard Pea, an ardent champion of Mr. Ruizs. At the time of his death Mr. Ruiz was preparing to film Lines of Wellington, a would-be epic about the Peninsular War, in which Napoleons army invaded Portugal and encountered stiff resistance from British and Portuguese forces. The best reason I can think of for the festivals inclusion of this overpopulated, dramatically sluggish movie, completed by Valeria Sarmiento, Mr. Ruizs widow and longtime editor, is as an epitaph. The festivals official centerpiece, Not Fade Away the much-anticipated feature film debut of David Chase, who created The Sopranos is a vigorous rock-n-roll coming-of-age movie. Doug (John Magaro), its central The New York Film Festival continues through Oct. 14 at various locations; (212) 875-5600, filmlinc .com/nyff2012.

BARRY WETCHER/PARAMOUNT VANTAGE

From left, John Magaro, Brahm Vaccarella, Jack Huston and Will Brill in Not Fade Away, the New York Film Festivals centerpiece, directed by David Chase.

CANNES FILM FESTIVAL

ANNE MARIE FOX/MILLENNIUM ENTERTAINMENT

Tadashi Okuno, left, and Rin Takanashi in Like Someone in Love.

character, is an aspiring rock star who physically resembles the young Bob Dylan but is no budding genius. This antiromantic reminiscence of a squabbling suburban New Jersey family (James Gandolfini plays Dougs roughneck father) and a struggling band unlikely to succeed is opposite in spirit to a grandiloquent ode to the period like Julie Taymors Across the Universe, from 2007. In its scrappy fragmentary vision of 1960s America Not Fade Away shows accelerated cultural change leading to collective disorientation and bewilderment. The French director Olivier Assayass Something in the Air likewise demystifies Europes revolutionary youth counterculture in the early 1970s. A sequel of
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Nicole Kidman in The Paperboy, Lee Danielss version of Pete Dexters novel.
tography embodies the ambiguities in the story of an encounter between an elderly professor and a student moonlighting as a call girl. As the two engage in a dialogue in which they are cagey about their identities, they play a game that is a more abstract version of the same one portrayed in Mr. Kiarostamis previous film, Certified Copy, set in Tuscany. Gorgeous as it is, Like Someone in Love offers much less intellectual substance than its forerunner. The beauty of the Turkish director Yesim Ustaoglus Araf Somewhere in Between, the story of two 18-year-olds who work at a truck stop, is harsher but no less striking than the more lyrical Like Someone in Love. Panoramic shots of the pitiless industrial landscape where they work convey a claustrophobic environment of limited opportunity and crushing social restraints. The Paperboy, the flaming wild card amid this introspection and austerity, is the director Lee Danielss version of Pete Dexters novel set in 1969 Florida. Even more than in his 2006 film Shadowboxer, Mr. Daniels has indulged his pornographic imagination and made a movie in a state of heat whose sex scenes are intercut with images of rutting pigs and swamp creatures. Nicole Kidmans flashy star turn as a floozy is nothing if not brave. Much of The Paperboy may be a borderline ludicrous mess. But in a film festival rife with ghosts, spirits and premonitions, it is a real flesh-and-blood movie.

Interviews with filmmakers whose work is being shown at the New York Film Festival:
nytimes.com/movies

sorts to his 1994 film Cold Water, set in the same period, it shows idealistic rebels squandering their energy while running helter-skelter. Something in the Air is both wistful and hardheaded. Music is at the center of both films post-British Invasion rock n roll in Not Fade Away, spacey art-rock in Something in the Air. They leave you pondering: Where did rock n roll really take us? The third, and most morally

centered, film to re-examine the 60s and 70s is Sally Potters Ginger & Rosa, the story of two teenagers who grew up together and are inseparable in 1962 London during the Cuban missile crisis. Alessandro Nivola and Elle Fanning give devastating portrayals of a dashing, smug leftwing teacher and his sensitive daughter, whom he cruelly betrays by having an affair with her best friend. This is a man who, when his neglected wife (Christina Hendricks) plaintively asks for a sign of gratitude after preparing a tasty meal, accuses her of emotional blackmail. Like Someone in Love, Abbas Kiarostamis second feature made outside his native Iran, is a film of intense visual beauty set in contemporary Japan. Its cinema-

Film in Review
Now, Forager
Opens on Wednesday in Manhattan. Directed by Jason Cortlund and Julia Halperin 1 hour 33 minutes; not rated Happy endings may not be an option when fine cuisine is the goal, at least according to the mushroom-picking couple in Now, Forager. Directed by Jason Cortlund and Julia Halperin, this uneven, slow-brewed film begins by observing a brittle relationship about to crumble, but it is better at portraying how the exacting standards of food professionals can lead to personal grief. The couple, Lucien and Regina, are New Yorkers who eke out a living on the rural fungus-gathering circuit, toting their finds doorto-door to city restaurants. Lucien (Mr. Cortlund) is the harder case, dismissive of his girlfriend and willing to give up their apartment to keep up the good fight; Regina (Tiffany Esteb) is tiring of their rut and has the sense to pursue openings at restaurants. Perfectionism, tinged with snobbery, undermines their attempts at employment: Lucien seethes at the annoying hostess during a catering gig; Regina quixotically revives classical dishes at a Basque comfort-food restaurant. The story separates the two of them, then lets their romance fade away in favor of their daily grind, food prep shots and ponderous fungal montages. buildings, puts sculptures on its streets, creates tile art on the walls of its poor neighborhoods. As he says more than once, he and Salvador have a special relationship. The directors, Burt Sun and Andr Costantini, set out to explore that special relationship and deliver a double portrait of the artist and the town. (The movies subtitle is Um Homem e Uma Cidade, or A Man and a City.) And they do, but its shallow. They skim along the surface, following Bel Borba around town, watching him go about his business and making his art a mix of the Modern and folkloric often in sequences cut to catchy Brazilian music. Its fun to watch for a while, but then you realize thats all the movie has on its mind. Mr. Sun and Mr. Costantini have come to celebrate Bel Borba, not to appraise him or provide context to understand him. He emerges as a protean, inexhaustible artist, too busy to be plagued by self-doubt. Im a hero, he says, and the filmmakers seem to think so too, as they show him tirelessly creating. Yet were left to imagine the heros formative struggles and learn almost nothing about the history and distinctiveness of Salvador. (To the films detriment, this information is relegated to the press notes.) Bel Borba Aqui gives us plenty to look at, but not much to think about.
RACHEL SALTZ

PHOTOGRAPHS FROM ARGOT PICTURES

Now, Forager follows a couple who search for mushrooms, then sell them door-to-door to restaurants in New York City.
Like the two characters, the film has trouble finding purchase, which yields a more acute feeling of dissatisfaction than was probably intended.
NICOLAS RAPOLD

Av
Opens on Wednesday in Manhattan. Directed by Konstantin Bojanov In Bulgarian, with English subtitles 1 hour 26 minutes; not rated Av and Kamen meet cute on a roadside, thumbs extended, both in dirty jeans, completely untethered. But no one can really run away thats the animating principle of the Bulgarian film

Av, which is placid and unchallenging, with tiny eruptions of striking purpose. A brazen wastrel who leeches out other peoples pain and mirrors it rather than staring down her own, Av (Anjela Nedyalkova) never met an end that the means didnt justify. She latches on to Kamen (Ovanes Torosyan); both of them are escaping from something, barreling toward something else and preferring the flux in between. They hitchhike and train-hop and trade small affections in this warm but inert buddy film that occasionally veers toward the tedious. Av is manipulative but not malicious, and her systemic lying is a far more riveting strategy

than Kamens blunt inarticulateness. Shes inventing herself, and if she can, those around her. When she meets the family of a friend of Kamens whos killed himself, they, too, are soothed by her lies. Only Kamen resists, though under Avs rules his good sense begins to read as poor imagination. Av is directed nonintrusively by Konstantin Bojanov (who wrote the film with Arnold Barkus), who is content to let Ms. Nedyalkovas combination of innocuousness and steel do much of the heavy lifting. She floats through scenes, always more pleased than her counterpart, who is a constitutional moper. In one well-structured mo-

ment, though, the camera keeps its distance as Av follows Kamen down an empty highway while he attempts to shake her, resulting in an unexpectedly elegant ballet of resistance and attachment. JON CARAMANICA

Bel Borba Aqui

Opens on Wednesday in Manhattan. Directed by Burt Sun and Andr Costantini In English and Portuguese, with English subtitles 1 hour 35 minutes; not rated Bel Borba, the artist hero of the documentary Bel Borba Aqui, makes Salvador de Bahia in Brazil his canvas. He paints on its

C6

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

PHOTOGRAPHS BY BRIAN HARKIN FOR THE NEW YORK TIMES

LaTonia Antoinette, center, in Katori Halls play about the descendants and the survivors of the Rwandan genocide in the 1990s. The production, set in a Rwandan village, is at the Castillo Theater.

The Genocide Is Past, The Lessons Are Not

The teenage boys bouncing around the stage with a soccer ball could be from almost any American town. Wearing shorts and T-shirts one has a flashy purple Kobe Bryant jersey they burn with the energy of youth and trade talk of Jay-Z THEATER and Beyonc. REVIEW Then suddenly youre brought up short by some of the words they sling back and forth in such cocky, jocular tones. The harmless trash talk has turned to boasting about how many victims their fathers slaughtered during the genocide that devastated Rwanda in 1994. They say my father killed 678, one says in a voice ringing with pride. Well, they say my father killed 752, another brags. But the father of a third has become the most notorious, renowned for his brutality. When a man begged him to be shot with a bullet, the son said, he was so cold he chopped him to bits with the machete anyway. This goosepimply moment is one of many disturbing, powerful passages in Children of Killers, a drama by Katori Hall having its American premiere at the Castillo Theater in a production directed by Emily Mendelsohn. Ms. Hall, the author of The Mountaintop (seen on Broadway last fall) and Hurt Village, based Killers on interviews she conducted at a genocide studies conference in Rwanda in 2009, working on commission from the Na-

Children of Killers
By Katori Hall; directed by Emily Mendelsohn; sets and video by Joseph Spirito; lighting by Nick Kolin; fight choreography by Theik Smith; choreography by Paloma McGregor; costumes by Kerry Gibbons; sound by Michael Walsh; musical director, David Belmont; technical director, Kenneth Horgan; stage manager, Ben Rodman; produced by John Rankin III. Presented by the Castillo Theater; Dan Friedman, artistic director, and Diane Stiles, managing director. At the Castillo Theater, 543 West 42nd Street, Clinton; (212) 941-1234, castillo.org. Through Oct. 28. Running time: 1 hour. WITH: Sidiki Fofana (Innocent), Melech Meir (Bosco), Terrell Wheeler (Vincent), Khadim Diop (Emmanuel), Naja Jack (Felicite), Suzanne Darrell (Mama), LaTonia Antoinette (Esperance) and Raphael Agbune (Vincent Sr.).

CHARLES ISHERWOOD

tional Theater in London. The play is set in that same year in a Rwandan village that, like so many others, was torn apart by the violence that erupted when members of the Hutu ethnic group killed some 800,000 Tutsi and others in savage violence. As the title indicates, Ms. Halls play concerns the generation of kids who were too young to participate in the slaughter, though not always too young to be victims of it. And it sorrowfully suggests that the legacies of that violence have shaped the children of the perpetrators and survivors in ways that we would be wise to pay close attention to. Although a national reconciliation process has been under way for several years, Children of Killers portrays contemporary Rwanda as a country still very much in the grip of ethnic enmity that has the potential to be reignited. In structure, Ms. Halls hourlong play is fragmentary and impressionistic, a collection of short scenes concentrating on a small group of friends who are, for the most part, excited at the news that their fathers are to be released from prison at any moment after serving some 15 years for the crimes they committed. (The plays brevity and lack of a strong narrative arc probably explain why Children of Killers is having its United States premiere at a comparatively small theater.) The exception is Vincent (a brooding, charismatic Terrell Wheeler), at 18 the most mature

Suzanne Darrell, using a machete as a mirror to check her lipstick, and Naja Jack.
of the group, whose father was that infamous beast known for his murderous prowess. Unlike his peers Bosco (Melech Meir) and Innocent (Sidiki Fofana), Vincent cannot view the return of a father he barely knew as a purely joyful event. He has tried to rid himself of the poison of hate that still lingers in his peers, particularly Bosco, who sees no harm in making ugly jokes about the Tutsi, whom he refers to as cockroaches. Vincent, who lives with his mother (Suzanne Darrell) and younger half-sister (Naja Jack), has nightmares about the events of the past. As the day of their fathers liberation nears, the kids are haunted by the guhahamuka, or silenced victims, whose laughter and voices surround the audience, and whose shadows are eerily projected on fabricscreens that cloak the auditorium. Ms. Halls impressionistic approach feels right for the material; her subject is not so much the stories of this particular group of boys but the haunted atmosphere of the country itself, torn between the need to put the past behind it and move forward into a more stable future, and the equally strong imperative to remain attentive to the seeds of hatred that may still lie dormant in the soil. Ms. Mendelsohns production, while rough-hewed and obviously produced on a small budget, gets the important things right: most of the performances are strong and individualized, the mood quietly unsettling. Small details can bring you up short: during a quiet scene at Vincents house, you suddenly notice the machetes carefully mounted on a shelf like family treasures. Vincents mother casually takes one down to use as a mirror, curious to see how she looks with the lipstick she has put on to welcome her long-absent husband. Another moving passage comes in a long, slightly stagy monologue from Esperance (LaTonia Antoinette), a Tutsi survivor, who lost an arm in the violence. Keening over the grave of her mother, she asks, Who knew one would rather die at the stroke of the machete than of the slow tick-tock of the AIDS clock?

Ms. Halls writing is uneven, moving somewhat haphazardly through several registers. The earthy byplay among the boys rings true, but there are also more stylized passages like that monologue from Esperance in which she strains for lyricism, or allows the characters to debate the moral questions a little baldly. Vincent: Do you really think the government put a machete in your fathers hand? Bosco: Thats what they said. So thats what we have to believe. But the tough subject is mostly handled with a simplicity and specificity that impress. Ms. Hall clearly has empathy for the victims of the genocide and the children of those who perpetrated it, who must try to reconcile natural affection for parents and tribe with a truth so gruesome it is almost impossible to accept. You leave Children of Killers with the unhappy sense that while the bloodletting has long since ended, the genocide will be reaping victims in Rwanda for years to come.

A Big-League Music Hall Opens Possibilities in Californias Wine Country

From First Arts Page to carry out his vision. Along the way, he faced intense opposition from faculty members, especially during the last decade of budget cuts at Californias state universities, and survived a vote of no confidence. Why, many asked, did Sonoma State need this center? As recently as a couple of years ago, completing the project as envisioned looked iffy. Then Mr. Weill, the former chairman and chief executive of Citigroup, who has a home in the area, got involved. He galvanized the centers board and helped secure corporate backing, notably from MasterCard, now a major partner in this public and private project. He brought in Carnegie Hall, and beginning next year alumni from the Academy (the development program run by the Juilliard School, Carnegie Hall and the Weill Music Institute) will have yearlong residencies at Sonoma State to coach and perform. Mr. Weill brought the board around to the idea that if the Green Music Center was to play in the big leagues, then big-name performers had to appear there. Hence Lang Lang. Oh, and Mr. Weill and his wife donated $12 million to the project. If the splendid new Weill Hall were going to be just another tour stop for celebrity artists, then it would be a curious venture for a state university. But area institutions are now involved. The Santa Rosa Symphony Orchestra, an adventurous regional ensemble, which had been performing in an inadequate multipurpose hall in Santa Rosa (about a 20-minute drive away), has made Weill Hall its new home and began its 85th season there on Sunday afternoon with an ambitious program. The San Francisco Symphony will have a presence as well, playing four concerts in Weill Hall this season. Whatever its future turns out to be, Weill Hall is a beautiful space. Not surprisingly, it resembles Ozawa Hall. Its rectangular auditorium (160 feet by 68 feet) has two balconies that surround the stage. The walls, railings and stage and orchestra floors are all built of warm woods. Unlike Ozawa Hall, with large windows only above the stage, Weill Hall has them on all sides but the west (adjoining the lobby), so you can see vistas of the Sonoma hills from all seats. As with Ozawa Hall, the rear wall opens to a grassy outdoor area. But this one is terraced. People can buy seats at tables, to wine and dine during performances. At the back of the terraced area is ample lawn space for picnicking. On Saturday, speaking to the audience before he played two encores, Mr. Lang said that it was an honor to inaugurate this beautiful hall, and revealed that for the occasion he chose works new to his repertory: three Mozart sonatas (Nos. 4, 5 and 8; K. 282, 283, 310) and the four Chopin ballades. Each one a first-time performance, he said. Mr. Lang, a pianist with astounding technique, can be a selfindulgent interpreter. But his Mozart was delightful, especially the two early sonatas (No. 5 in G and No. 4 in E flat). He orchestrated these piano works in a sense, bringing different colors and textures to various themes, inner voices and harmonies. But I lost patience with the Chopin ballades. There were passages of melting lyricism and rhapsodic sweep, but too many moments of contorted expressivity. Mr. Langs playing of the tempestuous coda of the Ballade in F was so fast and loud as to be incoherent. In his final encore, Chopins Minute Waltz, he had the audience giggling at coy little Symphony Honor Choir. And to show off the acoustics of the hall, the program ended with Ravels Bolro. How are the acoustics? For Mr. Langs recital the sound was rich, clear and true. For the first half of the Santa Rosa Symphony program I sat in the middle of the orchestra section. During the overture the sound was warm and full-bodied but a little indistinct. Mr. Ferrandis drew greater clarity from the players during the concerto. Still, the orchestra seemed a little muffled compared with Mr. Kahanes bright, lovely piano sound. For the second half I sat in the top balcony. Though more detail came through, the orchestra sounded a little distant. Often new halls need adjustments. With some tweaking Weill Hall should be acoustically first-rate. Sonoma State now has a music center that many conservatories would envy. For me, the proof of the ventures success will not be whether Mr. Lang and other superstars perform there regularly but whether the Green Music Center will spur enough growth in the universitys music program so that Sonoma State will one day have a student orchestra to play in its expensive new hall.

KRISTEN LOKEN

Lang Lang performing on Saturday night at Weill Hall, where he played three Mozart sonatas and the four Chopin ballades.
things he did to the music. I found it tasteless. The Santa Rosa Symphony opened Sundays program with a spirited account of Beethovens Consecration of the House Overture, conducted by a former music director, Corrick Brown. Then Bruno Ferrandis, the current music director, conducted Beethovens Fourth Piano Concerto with the pianist Jeffrey Kahane (the orchestras music director from 1995 to 2005) as soloist. Mr. Kahane played beautifully, balancing spontaneity and crystalline sound with rhythmic brio and refinement. After intermission came the premiere of Sonoma Overture by Nolan Gasser, a Sonoma-area composer: a 10-minute easygoing and energetic piece in a Coplandesque vein. For Coplands Canticle of Freedom the orchestra was joined by the Santa Rosa

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

C7

They Are So Beastly, These Ticks and Plagues

Linguists have a good eye for where language has been, but its rarely easy to see into its future. In his powerful and discomfiting new book, Spillover: Animal Infections and the Next Human Pandemic, the science writer David Quammen cites a BOOKS dismal word well OF THE TIMES be getting used to in the coming decades, whether we like it or not: zoonosis. A zoonosis in an animal infection that, through a simple twist of fate, becomes transmissible to humans. Maybe that twist is a needle prick, or contact with an exotic animal or hiking downwind of the wrong farm. Its a mildly technical term, he admits, but probably not for long. Its a word of the future, destined for heavy use in the 21st century. Ebola and bubonic plague are zoonoses. So are, he writes, in a list that peals off the tongue like a distraught Allen Ginsberg poem or an outstanding list of death metal band names, monkeypox, bovine tuberculosis, Lyme disease, West Nile fever, Marburg virus disease, rabies, hantavirus pulmonary syndrome, anthrax, Lassa fever, Rift Valley fever, ocular larva migrans, scrub typhus, Bolivian hemorrhagic fever, Kyasanur forest disease, and a strange new affliction called Nipah encephalitis, which has killed pigs and pig farmers in Malaysia. AIDS, he adds, that destroyer of 30 million people, is of zoonotic origin. In Spillover Mr. Quammen investigates many of these diseases, some more than others. He

DWIGHT GARNER

A term for disease transmission will spread as diseases do.

ment. Spillover is a work of synthesis, not original science, and Mr. Quammen is generous about crediting his sources. But he doesnt shy from serious science, to the extent that he sometimes apologizes for going overboard: If you followed all that, at a quick reading, he writes on Page 136, you have a future in biology. (I suffered flashbacks to my least favorite college courses.) His zest for honest science leads him into one of his books most interesting detours, a polite but rigorous takedown of Richard Prestons 1994 best seller The Hot Zone, about an outbreak of the Ebola filovirus. Mr. Prestons book filled our heads with wildly gruesome notions about how Ebola patients die, Mr. Quammen suggests, and he shoots down many of what he and others feel were Mr. Prestons theatrical exaggerations. They dont explode, and they dont melt, one expert from the Centers for Disease Control and Prevention tells the author about Ebola patients, in exasperation with The Hot Zone. Mr. Quammen declares that the Ebola virus generally kills with a whimper, not with a bang or a splash. For those of us who dont have a future in biology, Mr. Quammen is a patient explainer and a winning observer. His gallows humor is superb. Advisory: If your husband catches an ebolavirus, he says, give him food and water and love and maybe prayers but keep your distance, wait patiently, hope for the best and, if he dies, dont clean out his bowels by hand. Better to step back, blow a kiss and burn the hut. He has a novelistic flair for describing his fellow humans. A Swiss microbiologist has a shovel-wide jaw, a cagey smile and a great domed head like Niels Bohr. A British theoretician of viral evolution wears wiry glasses with a thick metal brow, as in old pictures of Yuri Andropov. Hes not bad on animals either. A type of monkey called a sooty mangabey resembles an elderly chimney sweep of dapper tonsorial habits. His section on Lyme disease may change what you think you know about the illness. Deer are almost irrelevant to the spread of Lyme disease, Mr. Quammen contends. Smaller mammals their natural predators like foxes, owls and hawks less prevalent are what put us at risk. Having said that, I cannot shake his disquieting observation that One poor doe might be carrying a thousand mature black-legged ticks. Fie on that mental image. Reviewing the film Get Rich or Die Tryin in The Sunday Telegraph in 2006, the novelist Zadie Smith said about the performance of its lead actor, the rapper 50 Cent: My brain is giving you one star, but my heart wants to give you five. My feelings about Spillover are the inverse. My brain declares five stars. My heart, however, awards it 3.5. The book feels haphazardly organized. It drifts into eddies. Its Tolstoyan length includes padding. It is a very long river to float. It is worth persevering. Mr. Quammen, combining physical and intellectual adventure, wraps his canny explorations into powerful moral witness. Our disruption of the natural world, Spillover declares, is largely to blame for unloosing terrible microbes. When the trees fall, and the native animals are slaughtered, he writes, the native germs fly like dust from a demolished warehouse. Or, as he puts it more simply elsewhere, Shake a tree, and things fall out.

CAPCOM

Resident Evil 6 keeps the monsters but dispenses with the seriess signature haunted house and its stand-still-to-shoot rule.

Its Bioterrorism, and Even the President Is a Zombie

From First Arts Page ows. The drought of firepower made enemy zombies all the more threatening. So, too, did the carefully paced sequence of events. All would be quiet as players walked down a hallway. Then, suddenly, wild zombie dogs would jump through windows and pounce on our heroes, teeth gnashing. Lightning struck. Thunder clapped. Two very video-gamey things made the adventure all the more velopers have, essentially, finally given in. The whole game seems like a series of concessions, an abundance of acquiescence that leaves it feeling like an imitation of any other common, modern shooting game. Ammunition is no longer scarce. Dont worry about looking for places to save your progress. Its now frequently saved for you, freeing you from the need to replay much of the game should your character die. There are still zombies and monsters and bad one-liners, but there are now abundant car chases, exploding helicopters and shootouts in secret paramilitary installations. In one segment two of our heroes are leaping from snowmobiles and trying to outrun an avalanche; in another they are trying to outrun a charging tank down a hallway in a gaudy Chinese palace. The only horror evident might be in regard to how far Resident Evil has strayed from that old scary mansion. One triumph of the game is borrowed from the influential Demons Souls, a surprise hit in 2009. Players can invade the sessions of others online and cause them untold grief. This makes what would have been a singleplayer game much more interesting. Human-controlled characters are typically more difficult to fend off than the dumbed-down, predictable, computer-controlled ones. In Resident Evil 6, players who complete any of the games campaigns earn the right to invade the play of others, in the guise of gruesome monsters. Invading players can become mutating soldiers. They can play as zombies or even as zombie dogs. There is nothing remotely scary about being the monster, of course, but the option to do so feels like one of the games only properly ambitious steps. If the creators wont scare their players anymore, leave it to the players to instill some fright in one another. Let them create the horror and reclaim an identity that this series is otherwise in danger of losing. Resident Evil 6 was developed by Capcom for the Xbox 360, PlayStation 3 and PC. It is rated M for Mature.

The undead are fierce, but beware other players, too.

dreadful. Players would lose a lot of their progress if a monster killed them and they hadnt saved their game recently and the game didnt allow players to save frequently. More troubling, the players couldnt shoot enemy zombies unless they stood still themselves. Together, these design choices by the games Japanese creators at Capcom helped induce panic. Players were desperate not to die. They were perpetually torn between running and standing their ground to spend a precious bullet on a lurching monster. Playing the game was as frightful as it was fun. For years fans were split about whether the standing-still-toshoot idea was archaic or essential to creating tension that helped the games feel scary. Recent Resident Evils loosened things up, and finally, in Resident Evil 6, players can shoot while on the run. This is a big deal. The deStephen Totilo is the editor in chief of the gaming site Kotaku.com.

Spillover
Animal Infections and the Next Human Pandemic By David Quammen
587 pages. W. W. Norton & Company. $28.95.

describes the baffled horror of initial outbreaks and then tracks calmly backward. He talks to virologists, doctors, field biologists and survivors about how the animal-to-human infection came to pass. He hopscotches the globe like a journalistic Jason Bourne. Often there arent doctors left to be interviewed. The medical personnel who first came into contact with sick patients are frequently dead. Among these diseases, the devils we know are bad enough. Mr. Quammen also thinks determinedly about what he calls the NBOs the Next Big Ones. Will the Next Big One come out of a rain forest or a market in southern China? he asks. Will the Next Big One kill 30 million or 40 million people? He makes you dread that sneeze at the back of the bus. Mr. Quammen, whose previous books include The Song of the Dodo (1996) and Monster of God (2003), is not just among our best science writers but among our best writers, period. (Check out his much anthologized short story Walking Out, about a father and son gone hunting, if you want a taste of his fiction.) That he hasnt won a nonfiction National Book Award or Pulitzer Prize is an embarrass-

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

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9 P.M. (ABC, CBS, CNBC, CNN, C-Span, Fox, Fox Business, Fox News, MSNBC, NBC, NY1, Univision, 13 and 49) PRESIDENTIAL DEBATE President Obama and Mitt Romney face off over domestic policy in their first debate, moderated by Jim Lehrer of PBS and broadcast live from the University of Denver. Of six 15-minute segments the first three are expected to focus on the economy, with the candidates discussing health care, the role of government and governing in the rest. 11:25 A.M. (Showtime) LAST NIGHT (2011) Keira Knightley and Sam Worthington portray Joanna and Michael, a married couple with a photogenic New York life undercut by a current of restlessness in this drama written and directed by Massy Tadjedin. Eva Mendes and Guillaume Canet are the outsiders who fuel distrust. Building on simple geometric coordinates, Ms. Tadjedin continues to draw lines and connect dots with near-Euclidean precision, leaving the viewer to wonder if she wrote Last Night with a ruler, compass and protractor, Manohla Dargis said in The New York Times. In Never Let Me Go (2010), Mark Romaneks adaptation of Kazuo Ishiguros dystopian novel, at 4:10 a.m. on MoreMax, three friends enter a cruel world. Kathy (Carey Mulligan), the films narrator, calls herself a carer. Tommy (Andrew Garfield), the boy she loves, and Ruth (Ms. Knightley), who steals him, are her friends at a boarding school where the children, watched over by Miss Emily (Charlotte Rampling), learn about their futures as organ donators. Writing in The Times, Manohla Dargis said that the cruelty is done so prettily and with such caution that the sting remains light, giving the entire enterprise the aspect of a tasteful shocker. 3:35 P.M. (Starz) FRIENDS WITH MONEY (2006) In Nicole Holofceners bittersweet comedy, four female friends, played by, below from left, Joan Cusack, Catherine Keener, Jennifer Aniston and Frances McDormand, find their relationship defined by jealously, marriage, pity and money. Three lead cocooned, affluent Los Angeles lives; the other cleans houses. Writing in The Times, Manohla Dargis said that Ms. McDormand as Jane, a splenetic clothing designer, was sensational and called the film greatly appealing if not especially adventurous, either for its director or for her admirers. 3:45 P.M. (HBO Signature) ONE DAY (2011) Anne Hathaway and Jim Sturgess portray Emma and Dex shes bookish, serious and from a family of modest means; hes dashing, irresponsible and wealthy who meet, as drunken university graduates, on St. Swithins Day in 1988 and proceed to reunite on that date, July 15, each year. Rafe Spall and Romola Garai play the characters who would seem to be Emma and Dexs perfect matches. The director Lone Scherfigs eccentric eye and offbeat rhythm sustain One Day through its stretches of banality and mitigate some of its flaws, A. O. Scott wrote in The Times. Among these are a superficial sense of history remember how girls used to wear their hair? remember nuclear disarmament? and, more seriously, a late, disastrous dive into the deep end of weepitude. 8:50 P.M. (Cinemax) DUE DATE (2010) Robert Downey Jr., below, plays Peter, who is on his way to the birth of his first child when he is kicked off a plane and loses his wallet. Zach Galifianakis is Ethan, the rube with a bad perm who offers him a cross-country ride. For the director Todd Phillips, a heros journey doesnt mean betterment for all, Manohla Dargis wrote in The Times. Its about giggling into the wind while riding shotgun in a world of trouble. 9 P.M. (CW) SUPERNATURAL Season 8 opens as the Winchester brothers are reunited after a years separation, with Dean (Jensen Ackles) leaving purgatory and persuading Sam (Jared Padalecki) to join him on a new hunt. 10 P.M. (Comedy Central) SOUTH PARK Cartman admits that hes obese and gets a mobility scooter. Soon enough, he discovers a rival in the pageant princess Honey Boo Boo. 12:50 A.M. (HBO Signature) SHATTERED GLASS (2003) Hayden Christensen stars as Stephen Glass in Billy Rays film about a reporter who was fired after being caught fabricating articles. Peter Sarsgaard and Chlo Sevigny serve as journalisms standard-bearers. The movie is a serious, well-observed examination of the practice of journalism, and if it takes note of the vanity and obsessiveness that are among the vices of the profession, it also acknowledges (and perhaps romanticizes) the hard work and idealism that are among its virtues, A. O. Scott wrote in The Times.
KATHRYN SHATTUCK

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> Frasier (CC)

Little House on the Prairie (CC)

Hunters Intl House Hunters Property Brothers (CC) (HD) (G) Buying and Selling (N) (CC) (HD) House Hunters Hunters Intl Property Brothers (CC) (HD) (G) Buying Brad Meltzers Decoded Statue of American Resto- American Resto- American Resto- American Resto- Cajun Pawn Cajun Pawn Cajun Pawn Cajun Pawn American RestoLiberty. (CC) (HD) (PG) ration (HD) ration (HD) ration (HD) ration (N) (HD) Stars (N) (HD) Stars (HD) (10:31) Stars (HD) (11:02) Stars (HD) (11:32) ration (HD) Jane Velez-Mitchell (N) Nancy Grace (N) Dr. Drew (N) Nancy Grace Showbiz Tonight (HD) Dr. Drew Dateline on ID Someone Was Dateline on ID Secrets in a Small Who the (Bleep) Dirty Little Lies I Married a Mob- I Married a Mob- Dateline on ID Secrets in a Small Who the (Bleep) Watching. (CC) (HD) (14) Town. (CC) (HD) (14) Did I Marry? (N) (N) (CC) (HD) ster (N) (HD) ster (HD) (14) Town. (CC) (HD) (14) Did I Marry? > Malcolm in the > Malcolm in the . The Hitchhikers Guide to the Galaxy (2005). Martin Freeman, Mos Teeth (2007). Jess Weixler, John Hensley. Chaste girl has teeth where . Hitchhikers Middle (CC) Middle (CC) Def. (PG) (HD) teeth shouldnt be. Clever and crude. (R) (HD) (10:15) Guide-Galaxy The Memory Keepers Daughter (2008, My Sisters Keeper (2009). Cameron Diaz, Abigail Breslin. Girl is expected The Elizabeth Smart Story (2003, TVF). Dylan Baker. Utah teenager My Sisters TVF). Emily Watson (CC) (HD) (6) to provide kidney for sister. Mostly shameless weepie. (PG-13) (CC) (HD) abducted from her bedroom. Sheds no light on anything. (CC) (HD) Keeper (HD) Deadly Sibling Rivalry (2011). Desperate Escape (2009, TVF). Elisabeth Rohm, Michael Shanks. What She Knew (2006). Tilda Swinton, Amber Tamblyn. Teenager Desperate EsCharisma Carpenter. (CC) (HD) (6) Amnesiac becomes suspicious of supposed fiance. (R) (CC) (HD) accused of murdering her newborn. (R) (CC) (HD) cape (CC) (HD)

7:00
LOGO MIL MLB MSG MSGPL MTV NBCS NGEO NICK NICKJR NY1 OVA OWN OXY SMITH SNY SOAP SPEED SPIKE STYLE SUN SYFY TBS TCM TLC TNT TRAV TRU USA VH1 WE YES

7:30

8:00

8:30

9:00

9:30

10:00

10:30

11:00

11:30

12:00

Threesome (1994). College menage Absolutely Fabu- Absolutely Fabulous Poor. (CC) Absolutely Fabu- Absolutely Fabu- Absolutely Fabulous Happy New Absolutely Fabu- Absolutely Fabu(14) (8:40) Year. (CC) (14) (10:40) a trois. Brash, braying and clumsy. (6) lous (CC) (14) lous (14) (9:20) lous (CC) (14) lous (14) (11:20) lous (CC) (14) Surviving the Cut Army Sapper. Two Weeks in Hell Green Berets selection process. (CC) (14) Hell and Back: Special Ops Two Weeks in Hell Green Berets selection process. M.L.B. Tonight Live look-ins, updates, highlights. (6) Knicks Greatest Rivalries (6) Being: Liverpool Jersey Shore Vault: Champion II MSNBC Special Coverage (N) The Essential Games: Rangers 2011-12 From Jan. 21, 2012. (HD) Giants Rewind Boomer & Carton in 60 N.Y. Giants Giants Chron. U.E.F.A. Champions League Soccer Manchester City FC vs Borussia Dortmund. (HD) M.L.B. Tonight Essential Gam Football Prev.

MSNBC Hardball With Chris Matthews

Presidential Debate At University of Denver. (N) (Live) MSNBC Special Coverage Post Debate Analysis. (N)

Teen Mom Farewell Special. The cast reflects. (PG) The Challenge: Battle of Seasons The Challenge: Battle of Seasons The Challenge: Battle of Seasons Teen Mom (CC) N.F.L. Turning Point (HD)
> The Nanny

2012 Ryder Cup final Day. From the Medinah Country Club in Medinah, Ill. (CC) (HD) Drain the Great Lakes (HD) (G) Drake & Josh Fresh Beat Inside City Hall Gypsy (1993, TVF). (CC) (5) Americas Next Top Model (CC) They Do It? America Wild and Wacky (HD) Drake & Josh Go, Diego, Go! Cocaine Sub Hunt (HD) (14) Dora Explorer Dora Explorer Abandoned (N)

N.F.L. Turning Point

> Friends (PG) > Friends (PG)

Sports Illus
> Friends (PG)

Abandoned (HD) Abandoned (HD) Abandoned (HD) Abandoned (HD) Abandoned (HD) Abandoned (HD) Carol Brady NickMom, Out Mom Friends Parental Discr.

Full House (CC) Full House (CC) Full House (CC) Full House (CC) > The Nanny Team Umizoomi Team Umizoomi Parental Discr.
Presidential Debate (N) (Live)

New York Tonight

Inside City Hall NEWS Dateline on OWN (HD) (14) They Do It? They Do It?

Sports on 1 (11:35)

The Lost World (CC) (Part 1 of 2) (14) Americas Next Top Model (CC) They Do It? They Do It?

The Lost World (CC) (Part 2 of 2) (14)

The Lost World (CC) (Part 1 of 2) (14) 48 Hours: Hard Evidence (HD) (14) Dateline, OWN Snapped Joanna Hayes. (CC) They Do It? They Do It?
> Law & Order

Behind Mansion Walls (CC) (HD) 48 Hours: Hard Evidence (HD) (14) Dateline on OWN (CC) (HD) (14) They Do It? They Do It?

Bad Girls Club: Mexico (CC) (14) Snapped Tyonne Palmer. (CC) Amazing Plants (CC) (HD) (G)

SCIENCE They Do It?

They Do It?

Baby Planet Saving Species. (HD) Polar Bears: Living on Thin Ice

Baby Planet Saving Species. (HD) Polar Bears

Mets Postgame M.L.B. New York Mets vs. Miami Marlins. (CC) (HD) The Young and the Restless (HD) Days of Our Lives (CC) (HD) (14) General Hospital (CC) (HD) (PG) Pass Time (HD) Pass Time (HD) Pinks - All Out (HD) Gossip Girl (CC) (HD) (PG) Brokedown Palace (1999). Claire Danes. (PG-13) (CC) (HD) (6:15) Paranormal Witness Fox Hollow Farm. (CC) (HD) > Seinfeld The > Seinfeld (CC) Beard. (HD) (HD) (PG) . Going My Way (1944). Bing Crosby, Barry Fitzgerald. (CC) (5:45) Hoarding: Buried Alive (CC) (HD) The Mentalist Bloodstream. (CC) (HD) (14) Man v. Food (G) Man v. Food (G) Worlds Dumbest. (14) Cosby Show 101 Cars 101 Cars The Crazies (2010). Toxin turns Iowans into lunatics. Not crazed enough. (R) (HD)

SportsNite (HD) SportsNite (HD) SportsNite (HD) SportsNite (HD) The Young and the Restless (HD) Days of Our Lives (CC) (HD) (14) General Hospital Barrett-Jackson Special Edition Pinks - All Out (HD) 101 Cars Last House

. The Last House on the Left (2009). Tony Goldwyn, Monica Potter. (R) (HD)

Gossip Girl (CC) (HD) (PG) Gossip Girl Pret-a-Poor-J. (HD) Gossip Girl (CC) (HD) (14) Gossip Girl (CC) (HD) (PG) Gossip Girl (HD) . The Three Burials of Melquiades Estrada (2005). Cowboy seeks jus- . The Three Burials of Melquiades Estrada (2005). Cowboy seeks jus- X (2011). (CC) tice and proper burial for a friend. Dialogue sounds real as dirt. (R) (CC) tice and proper burial for a friend. Dialogue sounds real as dirt. (R) (CC) (HD) Ghost Hunters Dont Feed the Ap- Ghost Hunters Ghostly Refuge. Paranormal Witness The Abduction. Abduction of Ghost Hunters Ghostly Refuge. parition. (CC) (HD) (N) (CC) (HD) (PG) Travis Walton. (N) (HD) (PG) (CC) (HD) (PG) > The Office Family Guy (CC) Family Guy (CC) Family Guy (CC) Family Guy (CC) > The Big Bang > The Big Bang Conan Jennifer Garner; Terry (HD) (14) (HD) (14) (HD) (PG) (HD) (PG) Theory Theory Crews. (N) (CC) (HD) (14) (CC) (HD) (14) . Mystery of the Wax Museum (1933). Lionel Atwill, Doctor X (1932). Lionel Atwill, Fay Wray. Full-moon Mark of the Vampire (1935). Lionel Barrymore, Bela Fay Wray. (CC) killer. Gruesome then, synthetic now. Lugosi. (G) (CC) Hoarding: Buried Alive (CC) (HD) Cracking Addiction (N) (CC) (HD) Addicted Lindsay. (N) (CC) (HD) Cracking Addiction (CC) (HD) (14) Addicted (HD) Castle Hell Hath No Fury. City Castle A Chill Goes Through Her Castle Always Buy Retail. Strange Perception Pilot. Kate recruits her Southland (CC) councilman dies. (CC) (HD) (PG) Veins. (CC) (HD) (PG) murder scene. (CC) (HD) (PG) former professor. (CC) (HD) (14) (HD) (MA) Man v. Food Miami. (CC) (HD) Toy Hunter (HD) Toy Hunter (HD) Bacon Paradise 2: Another Slab! Manliest Restaurants (CC) (HD) Toy Hunter (HD) S. Beach Tow Cosby Show S. Beach Tow Cosby Show S. Beach Tow S. Beach Tow Operation Repo Operation Repo Operation Repo Operation Repo S. Beach Tow The Soul Man The Soul Man King of Queens King of Queens > NCIS Marine Down. Widow gets fied cadaver was murdered. (HD) a call from her husband. (HD) Couples Therapy (N) (14) Rehab With Dr. Drew (14) Bridezillas Tabby & Davina. Davi- My Fair Wedding With David na dictates her bridesmaid. (HD) (14) Tutera: Unveiled (CC) (HD) (G) New York Yankees Postgame CenterStage (HD)
> NCIS Identity Crisis. Misidenti> Raymond > Raymond > NCIS Ex-File. A Marine captain is murdered. (CC) (HD) (PG) Rehab With Dr. Drew (N) (14) Bridezillas Tabby & Christine. (CC) (HD) (14)

ONLINE: TELEVISION LISTINGS

Television highlights for a full week, recent reviews by The Timess critics and complete local television listings. nytimes.com/tv
Definitions of symbols used in the program listings:
Recommended film Recommended series New or noteworthy program
Ratings: (Y)All children (Y7) Directed to older children (G) General audience

TVLAND M*A*S*H (CC)

> NCIS The Good Samaritan. Na- > NCIS Family. Ducky makes a

val officers targeted. (CC) (HD) startling discovery. (CC) (HD) (14) Rehab With Dr. Drew Detox. (14) Rehab With Dr. Drew (14) Charmed Sand Francisco DreaBridezillas Minyon & Christine. min. (CC) (PG) (CC) (HD) (14) M.L.B. Boston Red Sox vs. New York Yankees. (CC) (HD)

King of Queens > NCIS Left for Dead. (HD) Couples Thr. My Fair Wedding: Unveiled M.L.B.

(N) New show or episode (CC) Closed-captioned (HD) High definition (PG) Parental guidance suggested (14) Parents strongly cautioned (MA) Mature audience only

The TV ratings are assigned by the producers or network. Ratings for theatrical films are provided by the Motion Picture Association of America.

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

C9

Weather Report
Vancouver uver Regina Seattle Winnipeg eg

Meteorology by AccuWeather

50s 60s
Quebec c Montreal Fargo a Minn Minneapolis Min S St. Paul Milwaukee uk So Sioux Falls Des Mo o oines Omaha Chicag ago Detroit C e Cleveland N New York Pittsburgh Phi Philadelphia Wash Washington ash Richm chmond Charleston e o on Louisville Raleigh Nashville Oklahoma City Little Rock R Lubbock Tu Tucson Memphis Columb bia Birmingham m Dallas Ft. Worth Jackson n Baton Rouge o Mo Mobile New Orleans Atlanta Charlotte N Norfolk Toronto To Ottawa Burlington n on Albany B Buffalo Buffal H Halifax

Metropolitan Forecast
TODAY .................... Humid, shower or storm High 77. A flow of air from the south will bring increasing warmth and moisture. There will be clouds and a few sunny breaks along with a shower or thunderstorm in the area. TONIGHT .......................... A shower in places Low 67. The flow of warm, moist air will continue, so it will be an exceptionally mild night for early October. There will be clouds and areas of fog along with some drizzle or showers. TOMORROW............ Warm, a thundershower
Record highs

60s Spokane
Portland a Eugene en n Billings

40s
Helena Bismarck

70s
Por Portland M Ma Manchester B s Boston Har Hartford a

50s

TODAY 80 F S S M T W T F S S

70s

Bois i ise

LPierre
Casp sp sper Ren Reno Salt Lake City San Francisco San Francisco n Francisc Fresno L Las Vega ga gas Cheyenne Che nne Denver

L India dia i ianapolis

Topeka Colorado Springs

K Kansas Springfield i C City St. Louis

70
Normal highs

70s
Los ngeles Lo Angeles geles Sa San Diego an o

Wichita

80s
Phoenix oen oen

Santa Fe Albuquerque

1 100+ 90s 80s

Honolulu El Paso

80s
Jack ack k ksonville Orlando Tampa a

High 79. A slow-moving front will bring the potential for a couple more showers or thunderstorms. The air will remain humid and unseasonably warm, and there will be a light breeze.
FRIDAY .................... Mostly sunny and warm

60

90s 80s 70s Hilo 0s H 70s s 80s

Monterrey r San Antonio Hou ouston

90s
C Corpus Christi Miami Nassau Weather patterns shown as expected at noon today, Eastern time.

Behind the slow-moving front, a flow from the west will promote drier air. With sunshine for the most part, the day will still be unseasonably warm.
SATURDAY SUNDAY ...................... Turning cool, showers

Normal lows

50

30s s

Fairbanks Anchorage age ge

40s s

TODAYS HIGHS

<0

0s

10s

20s

30s

40s

50s

60s

70s

80s

90s

100+

50s

Juneau eau au u

H
COLD WARM FRONTS STATIONARY COMPLEX COLD

L
MOSTLY CLOUDY SHOWERS T-STORMS RAIN FLURRIES SNOW ICE PRECIPITATION

HIGH LOW PRESSURE

A cold front will move in to bring some clouds and the possibility of showers. It will turn cooler during the course of the weekend with highs of 72 Saturday and 62 Sunday.

Actual High Low

Forecast range High Low

Record lows

Highlight: September Rainfall Contrast

National Forecast
As a storm continues to weaken over the Midwest, it will bring unsettled weather to parts of the eastern half of the nation today. Showers and thunderstorms will affect coastal areas from southern New England to the Florida Peninsula. Spotty showers and storms will occur in parts of the Great Lakes and Ohio Valley States. Dry air and at least partial sunshine will stretch from the central Gulf Coast and Tennessee Valley to the central and southern Plains. As very warm air holds in the Southwest under sunshine, much colder air will expand over the northern Rockies and Plains. Areas of cold rain and snow will stretch from Montana to the Dakotas, only to reach farther east at night into Thursday. Cooler air and some sunshine are in store for the Northwest.
New Delhi Riyadh Seoul Shanghai Singapore Sydney Taipei Tehran Tokyo Europe Amsterdam Athens Berlin Brussels Budapest Copenhagen Dublin Edinburgh Frankfurt Geneva Helsinki Istanbul Kiev Lisbon London Madrid Moscow Nice Oslo Paris Prague Rome St. Petersburg Stockholm Vienna Warsaw North America Acapulco Bermuda Edmonton Guadalajara Havana Kingston Martinique Mexico City Monterrey Montreal Nassau Panama City Quebec City Santo Domingo Toronto Vancouver Winnipeg South America Buenos Aires Caracas Lima Quito Recife Rio de Janeiro Santiago 94/ 94/ 75/ 79/ 88/ 66/ 81/ 79/ 77/ 73 69 54 59 79 54 66 63 70 0 0 0 0 0.03 0.05 0 0 0.07 96/ 96/ 77/ 77/ 90/ 82/ 79/ 82/ 75/ 71 54 55 63 79 52 66 61 70 PC S PC PC T S PC S R 96/ 97/ 75/ 79/ 88/ 86/ 81/ 82/ 81/ 70 70 55 64 77 57 66 63 68 PC S S S T S PC S Sh

Metropolitan Almanac
In Central Park for the 16 hours ended at 4 p.m. yesterday.
Temperature
Record high 90 (1927)

Precipitation (in inches)

Yesterday ............... 0.26 Record .................... 2.16 For the last 30 days Actual ..................... 4.65 Normal .................... 4.31 For the last 365 days Actual ................... 41.88 Normal .................. 49.92
LAST 30 DAYS

Percent of normal rainfall in September

80

MON.

YESTERDAY 69 11 a.m.

>200% <25%

70

Normal high 69

Air pressure
60 62 4 p.m. High ........... 30.05 9 a.m. Low ............ 30.00 1 a.m.
Normal low 55

Humidity
High........... 100% 4 p.m. Low .............. 57% 1 a.m.

Heating Degree Days

An index of fuel consumption that tracks how far the days mean temperature fell below 65

50
Record low 39 (1886)

September was extremely dry from the West Coast to the northern Plains, with less than 25 percent of normal rainfall. Parts of those areas had no measurable rain for the entire month. Meanwhile, it was a very wet month from the Ohio Valley to Texas.

40

Yesterday ..................................................................... 0 So far this month .......................................................... 4 So far this season (since July 1) ................................ 26 Normal to date for the season ................................... 51

Cities
High/low temperatures for the 16 hours ended at 4 p.m. yesterday, Eastern time, and precipitation (in inches) for the 16 hours ended at 4 p.m. yesterday. Expected conditions for today and tomorrow.

C ....................... Clouds F ............................ Fog H .......................... Haze I............................... Ice PC........... Partly cloudy R ........................... Rain Sh ................... Showers
N.Y.C. region New York City Bridgeport Caldwell Danbury Islip Newark Trenton White Plains United States Albany Albuquerque Anchorage Atlanta Atlantic City Austin Baltimore Baton Rouge Birmingham Boise Boston Buffalo Burlington Casper Charlotte Chattanooga Chicago Cincinnati Cleveland Colorado Springs Columbus Concord, N.H. Dallas-Ft. Worth Denver Des Moines Detroit El Paso Fargo Hartford Honolulu Houston Indianapolis Jackson Jacksonville Kansas City Key West Las Vegas Lexington Yesterday 69/ 62 0.26 69/ 58 0.28 66/ 57 0.35 65/ 51 0.59 72/ 56 0.08 70/ 62 0.33 67/ 61 0.27 66/ 57 0.32 Yesterday 64/ 59 0.01 79/ 55 0 44/ 40 0.17 71/ 56 0.01 73/ 68 0.37 81/ 53 0 72/ 66 0.55 80/ 59 0 65/ 51 0.02 80/ 46 0 71/ 62 0.02 69/ 62 0.20 65/ 59 0.02 82/ 42 0 81/ 63 0.09 75/ 54 0.04 69/ 55 0 73/ 56 0.04 68/ 61 0.19 80/ 48 0 79/ 60 Tr 69/ 55 0.02 80/ 62 Tr 82/ 53 0 75/ 50 0 69/ 59 0.10 85/ 63 0 78/ 47 0 66/ 59 0.22 83/ 70 0 84/ 60 0 63/ 56 0.19 75/ 54 0 87/ 71 0.08 75/ 50 0 88/ 78 1.76 96/ 74 0 72/ 54 0.06

S ............................. Sun Sn ....................... Snow SS ......... Snow showers T .......... Thunderstorms Tr ........................ Trace W ....................... Windy .............. Not available
Today 77/ 67 PC 76/ 67 PC 78/ 65 PC 78/ 63 PC 76/ 65 PC 78/ 69 PC 81/ 67 PC 78/ 66 PC Today 76/ 65 T 84/ 57 S 49/ 43 R 78/ 58 PC 75/ 69 PC 87/ 61 S 84/ 64 PC 85/ 61 S 79/ 56 S 65/ 40 S 70/ 61 C 76/ 59 C 76/ 65 Sh 51/ 22 R 82/ 60 PC 78/ 52 PC 67/ 55 Sh 72/ 54 PC 72/ 56 C 80/ 36 S 70/ 55 PC 74/ 59 C 87/ 65 S 78/ 35 PC 80/ 52 S 69/ 55 C 92/ 62 S 62/ 38 R 78/ 65 C 86/ 70 PC 88/ 65 S 69/ 55 PC 80/ 57 S 82/ 71 T 82/ 54 S 88/ 81 T 95/ 72 S 72/ 54 PC Tomorrow 79/ 64 PC 78/ 59 PC 80/ 55 PC 80/ 51 PC 78/ 58 PC 79/ 61 PC 80/ 55 PC 80/ 57 PC Tomorrow 78/ 53 PC 82/ 54 S 54/ 46 R 83/ 60 S 80/ 62 PC 92/ 65 S 81/ 56 PC 88/ 61 S 83/ 57 S 63/ 37 PC 73/ 60 Sh 73/ 57 PC 75/ 56 PC 46/ 23 PC 83/ 56 S 84/ 53 S 76/ 41 T 79/ 58 S 75/ 56 S 50/ 31 PC 79/ 56 S 77/ 51 Sh 90/ 67 S 53/ 35 PC 63/ 36 C 78/ 53 S 89/ 62 S 41/ 28 Sn 82/ 57 PC 85/ 69 S 91/ 66 S 82/ 54 PC 87/ 57 S 83/ 71 T 66/ 42 C 87/ 80 T 91/ 68 PC 78/ 55 S

Little Rock Los Angeles Louisville Memphis Miami Milwaukee Mpls.-St. Paul Nashville New Orleans Norfolk Oklahoma City Omaha Orlando Philadelphia Phoenix Pittsburgh Portland, Me. Portland, Ore. Providence Raleigh Reno Richmond Rochester Sacramento Salt Lake City San Antonio San Diego San Francisco San Jose San Juan Seattle Sioux Falls Spokane St. Louis St. Thomas Syracuse Tampa Toledo Tucson Tulsa Virginia Beach Washington Wichita Wilmington, Del. Africa Algiers Cairo Cape Town Dakar Johannesburg Nairobi Tunis Asia/Pacific Baghdad Bangkok Beijing Damascus Hong Kong Jakarta Jerusalem Karachi Manila Mumbai

79/ 93/ 69/ 74/ 87/ 65/ 71/ 65/ 80/ 84/ 77/ 73/ 86/ 75/ 104/ 74/ 72/ 70/ 70/ 87/ 90/ 83/ 67/ 95/ 82/ 81/ 87/ 86/ 92/ 90/ 66/ 73/ 69/ 72/ 91/ 70/ 85/ 64/ 100/ 78/ 81/ 74/ 75/ 73/

57 68 55 56 78 54 50 52 64 72 54 44 74 66 77 63 57 47 62 68 52 69 60 56 56 57 67 58 59 80 44 44 36 56 80 61 74 56 68 51 71 66 50 67

0 80/ 59 S 0 84/ 62 S Tr 74/ 57 PC 0 79/ 61 PC 0.60 91/ 79 T 0 66/ 54 Sh 0 78/ 48 PC Tr 76/ 55 PC 0 85/ 66 S 0.20 85/ 71 T 0 84/ 62 S 0 82/ 47 S 0.12 87/ 74 T 0.10 83/ 65 PC 0 100/ 76 S 0.16 74/ 55 C 0.01 70/ 60 C 0 71/ 45 S 0.12 75/ 63 C 0.12 85/ 67 PC 0 84/ 48 S 0.17 84/ 68 PC 0.04 75/ 59 C 0 92/ 53 S 0 73/ 44 S 0 88/ 66 S 0 80/ 66 PC 0 70/ 55 PC 0 80/ 54 S 0.21 91/ 79 S 0 65/ 44 S 0 80/ 41 S 0 60/ 35 PC 0.01 74/ 60 PC 0.10 90/ 80 S Tr 78/ 62 C 0.02 87/ 75 T 0.21 68/ 53 C 0 95/ 67 S 0 83/ 64 S 0.15 83/ 71 T 0.43 86/ 69 PC 0 82/ 55 S 0.11 84/ 67 PC Today 85/ 62 S 90/ 70 S 66/ 54 Sh 91/ 80 T 83/ 58 S 86/ 57 S 83/ 67 S

84/ 81/ 81/ 85/ 89/ 72/ 53/ 82/ 86/ 83/ 75/ 62/ 89/ 82/ 100/ 75/ 67/ 72/ 74/ 85/ 83/ 84/ 73/ 88/ 69/ 91/ 75/ 68/ 76/ 91/ 65/ 55/ 59/ 85/ 89/ 76/ 91/ 79/ 96/ 79/ 84/ 84/ 69/ 83/

62 62 60 65 79 42 33 57 65 62 56 36 73 61 71 55 53 40 57 58 45 59 55 48 41 67 63 52 53 79 44 29 33 50 79 54 74 54 63 54 61 63 46 58

S PC S S T T Sh S S T PC C T PC S S Sh PC Sh PC PC PC PC S PC S PC PC PC PC PC C PC PC Sh PC T S S PC T PC PC PC

4 p.m.

12 a.m.

6 a.m.

12 4 p.m. p.m.

Trends

Avg. daily departure from normal this month ............. +1.4

Avg. daily departure from normal this year ................ +3.0

Temperature Average Below Above

Precipitation Average Below Above

Last

Reservoir levels (New York City water supply)

Yesterday ............... 76% Est. normal ............. 75%

10 days 30 days 90 days 365 days

Yesterday 63/ 54 0.23 86/ 64 0 66/ 45 0 61/ 54 0.33 68/ 59 0.44 61/ 55 0.18 57/ 48 0.02 54/ 45 0.08 66/ 44 0 68/ 44 0 57/ 54 0.05 77/ 66 0 72/ 54 0.06 75/ 59 0 64/ 52 0.01 75/ 50 0 59/ 39 0 70/ 62 0 57/ 46 0.28 68/ 54 0.06 64/ 50 0 73/ 61 0 61/ 51 0.03 57/ 52 0.07 63/ 55 0.06 64/ 48 0 Yesterday 87/ 75 0.66 84/ 77 0.05 51/ 41 0.26 81/ 52 0.05 82/ 73 0.42 91/ 81 0 88/ 79 0 72/ 55 0.11 89/ 69 0 67/ 52 0.01 88/ 75 0.10 91/ 75 0 65/ 50 0 90/ 75 0.28 68/ 52 0.01 56/ 50 0 73/ 48 0 Yesterday 60/ 54 0.63 92/ 79 0.07 68/ 59 0 70/ 45 0 82/ 72 0 84/ 67 0 66/ 37 0

Today 59/ 49 R 81/ 71 S 64/ 53 PC 61/ 48 Sh 72/ 48 S 56/ 53 Sh 55/ 41 PC 52/ 40 Sh 66/ 54 PC 65/ 52 PC 57/ 45 PC 82/ 64 PC 66/ 53 S 76/ 57 S 57/ 46 R 73/ 50 S 57/ 52 Sh 75/ 61 C 53/ 45 R 65/ 53 Sh 65/ 49 S 74/ 57 S 59/ 48 PC 57/ 45 C 72/ 50 S 63/ 48 Sh Today 91/ 74 T 84/ 76 S 46/ 26 PC 84/ 49 PC 88/ 73 PC 91/ 79 T 90/ 77 T 75/ 46 PC 93/ 67 S 69/ 59 Sh 91/ 80 PC 90/ 77 T 66/ 52 PC 90/ 72 Sh 66/ 59 Sh 65/ 44 PC 54/ 35 R Today 70/ 52 F 92/ 78 T 70/ 59 PC 71/ 47 T 83/ 74 Sh 86/ 71 S 73/ 41 S

Tomorrow 60/ 49 Sh 84/ 68 PC 60/ 44 R 60/ 48 PC 74/ 53 S 57/ 48 Sh 57/ 43 Sh 55/ 43 PC 61/ 47 R 65/ 45 Sh 55/ 46 Sh 77/ 66 T 66/ 52 Sh 75/ 59 S 61/ 48 Sh 77/ 54 S 60/ 54 Sh 76/ 62 S 54/ 37 Sh 65/ 53 R 65/ 44 Sh 75/ 55 S 59/ 50 C 57/ 46 Sh 71/ 51 PC 68/ 50 PC Tomorrow 91/ 77 T 84/ 77 PC 51/ 24 PC 84/ 47 PC 88/ 73 C 89/ 79 T 90/ 74 R 71/ 50 PC 97/ 66 S 70/ 55 C 89/ 79 T 88/ 76 T 64/ 52 R 90/ 72 Sh 70/ 53 PC 63/ 46 PC 39/ 33 C Tomorrow 70/ 54 S 93/ 78 T 71/ 57 PC 70/ 47 T 83/ 75 Sh 87/ 71 PC 68/ 45 S

Chart shows how recent temperature and precipitation trends compare with those of the last 30 years.

Recreational Forecast
Sun, Moon and Planets
Last Quarter New First Quarter Full Past peak Peak Oct. 8 Sun Oct. 15 8:01 a.m. 6:55 a.m. 6:34 p.m. 6:56 a.m. 9:42 p.m. 12:32 p.m. 8:29 a.m. 7:30 p.m. Oct. 21 Moon Oct. 29 3:49 p.m.
S R S R S R S

Northeast Foliage

Near peak Some color Still green Burlington Portland Boston Albany

RISE SET NEXT R R S R S

Jupiter Saturn

Mars Venus

10:17 a.m. 8:22 p.m. 11:12 a.m. 10:57 a.m. 8:33 p.m. 3:31 a.m. 5:00 p.m.

Boating
From Montauk Point to Sandy Hook, N.J., out to 20 nautical miles, including Long Island Sound and New York Harbor. Wind will be from the southeast at 10 knots or less. Waves will be 2-3 feet on the ocean and 1 foot or less on Long Island Sound and on New York Harbor. Visibility under 3 miles in showers and fog. New York Pittsburgh Philadelphia

Washington Charleston Norfolk

Yesterday 81/ 57 0 90/ 73 0 68/ 52 0 90/ 79 0 81/ 57 0 79/ 59 0 81/ 67 0

Tomorrow 89/ 66 S 90/ 70 PC 61/ 48 Sh 90/ 78 T 86/ 55 S 85/ 59 PC 89/ 70 S Tomorrow 103/ 77 S 91/ 75 T 79/ 54 PC 88/ 55 S 84/ 79 S 91/ 76 T 80/ 62 S 98/ 74 S 86/ 77 R 86/ 79 Sh

High Tides
Atlantic City ................... 9:57 a.m. ............ 10:20 p.m. Barnegat Inlet .............. 10:08 a.m. ............ 10:39 p.m. The Battery .................. 10:50 a.m. ............ 11:25 p.m. Beach Haven ............... 11:38 a.m. .......................... --Bridgeport ..................... 1:41 a.m. .............. 1:51 p.m. City Island ...................... 1:59 a.m. .............. 1:46 p.m. Fire Island Lt. ............... 11:06 a.m. ............ 11:37 p.m. Montauk Point .............. 11:40 a.m. .......................... --Northport ....................... 1:36 a.m. .............. 1:46 p.m. Port Washington ............ 1:45 a.m. .............. 1:32 p.m. Sandy Hook ................. 10:20 a.m. ............ 10:51 p.m. Shinnecock Inlet ............ 9:41 a.m. ............ 10:12 p.m. Stamford ........................ 1:44 a.m. .............. 1:54 p.m. Tarrytown ..................... 12:28 a.m. ............ 12:39 p.m. Willets Point ................... 1:56 a.m. .............. 1:43 p.m.

Yesterday Today 104/ 72 0 104/ 73 PC 91/ 81 0.17 91/ 76 T 77/ 50 0 79/ 54 S 95/ 73 0 92/ 53 S 84/ 78 0 84/ 79 S 91/ 78 0.07 92/ 74 T 85/ 72 0 82/ 62 S 95/ 77 0 99/ 78 S 81/ 73 0.71 84/ 75 R 90/ 77 0.65 86/ 79 R

An unusually warm and humid day for early October will unfold across the region. Showers and thunderstorms will affect some areas, but dry weather will prevail in northern Maine. Many places in the central and southern Appalachians will also turn out rain-free with periods of clouds and sunshine.

Call It Bold. Call It Brilliant.

THE MYTHOLOGY OF MANCHESTER UNITED LIES IN ITS SPECIAL ABILITY TO EXTRACT TRIUMPH FROM DISASTER.
JAVIER CHICHARITO HERN NDEZ, OR LITTLE PEA, 23, IS NOT ONLY UNITEDS FIRST MEXICAN PLAYER BUT IS ALSO ONE OF THEIR BEST MOST-PROMISING YOUNG STRIKERS. LAST AND YEAR, HE NETTED A GOAL WITHIN HIS FIRST MINUTES ON THE PITCH AS A RED AGAINST MAJOR LEAGUE SOCCERS ALL-STAR TEAM. PAUL SMITH SUIT, SHIRT AND TIE, CUSTOM DESIGNED FOR MANCHESTER UNITED. OPPOSITE: THE SERBIAN CAPTAIN AND NO-NONSENSE DEFENDER, NEMANJA VIDIC, 29, JOINED MANCHESTER UNITED IN 2006. SINCE THEN HE HAS COLLECTED (AMONG OTHERS) THREE CONSECUTIVE PREMIER LEAGUE FOUR IN TOTAL. DRIES VAN NOTEN COAT, TITLES, GO TO JEFFREYNEWYORK.COM. HIS OWN $1,926. GIORGIO ARMANI SHIRT AND T-SHIRT AND DIESEL JEANS.

Call It Style As Only The New York Times Can Fashion It

WOMENS FASHION
October 21

MENS FASHION
September 9

DESIGN
October 7 November 4

TRAVEL
September 23 November 18

HOLIDAY
FERDINAND, CARRICK, ROONEY AND VIDIC: STYLED BY SONIA GENDERS; GROOMING BY LOUISE BOX AND PAULA MAXWELL AT ME&CO LTD. USING BARE ESCENTUALS AND LAURA MERCIER; PRODUCTION BY THE PRODUCTION CLUB. RONALDO: STYLED BY ANNA ROTH MILNER; GROOMING BY NICOLE WALMSLEY USING CLINIQUE; PRODUCTION BY JOY ASBURY PRODUCTIONS. CANTONA: GROOMING BY ODILE SIBUET; PRODUCTION BY ALEX MICHANOL FOR MEGAFILM FACTORY; SHOT ON LOCATION AT HTEL NORD PINUS, ARLES, FRANCE.

December 2
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Hollywood Ending, With Meatballs

By FRANK BRUNI

O appreciate how much food means to the actor Stanley Tucci and his extended family, you have to hear the stories about his maternal grandmother, Concetta Tropiano, who pickled her own tomatoes, canned her own pears, curdled her own ricotta, brewed her own beer and fattened her own chickens, rabbits and goats in Verplanck, N.Y., about an hours drive north of Manhattan. You have to hear in particular about her doughy twilight, when death came knocking but she was too busy with focaccia to answer the door.

This was in the mid-1990s, when she was in her late 80s. A stroke mostly paralyzed her left arm, limiting her kitchen work. She nonetheless insisted on doing something as she recovered, and used the kneading of dough as therapy, the making of pizza and focaccia as rehabilitation. About a year after the stroke, a devastating infection forced the amputation of her left leg. Relatives gathered to comfort her as she emerged from surgery. To cheer her up, we asked her to tell us, again, how to make stuffed artichokes, recalled Joan Tucci, her daughter and Stanleys mother. She went through the whole thing.

I thought the nurse was going to die, Mrs. Tucci added. Only an Italian would talk about food at a time like this. Mrs. Tucci lost her mother in 1997, when Mrs. Tropiano was 88. But Mrs. Tropianos legacy endures, in part through The Tucci Cookbook, a paean to Italian cooking and to ItalianAmerican families that is being published next week. It includes recipes from the Tropiano and Tucci sides of the clan, both of which have roots in Calabria, in southern Italy. It reflects the year in the early 1970s when Joan Tucci and her husband, Stanley Sr., temporarily moved their children to Florence, Continued on Page 9

AUTHOR, TOO The actor Stanley Tucci preparing a family feast featuring branzino, pizza, fettuccine, figs and prosciutto.
PHOTOGRAPHS BY TONY CENICOLA/THE NEW YORK TIMES

For Fisheries, A Line of Hope

By PATRICIA LEIGH BROWN

Inside

Letter From Paris

Elaine Sciolino

PORT CLYDE, Me. EADING toward his fifth hour of filleting, his thick rubber boots squeaking on the wet concrete floor, Glen Libby, a fisherman by trade, looks more like a beleaguered line cook than the hero of a seafood revolution. Five years ago this month in this unspoiled fishing port immortalized by three generations of Wyeths, Mr. Libby and about a dozen cohorts banded together to try to rescue their depleted fish stock and their profession. The result (after trial and error with a lot of error in Mr. Libbys words) was Port Clyde Fresh Catch, the countrys first communitysupported fishery, now part of a burgeoning movement trying to do for small-scale local fishermen what community-supported agriculture does for farmers. In the kitchen, community-supported fisheries require cooks to agree in advance to buy whatever fish or shellfish local fishermen catch. Fishermen are asked to embrace plentiful species like skate or redfish, once routinely tossed overboard. With about 80 percent of the seafood on the American plate imported and traceability the mandate du jour, community-supported fisheries of varying sizes and amSTACEY CRAMP FOR THE NEW YORK TIMES bition are springing up STEADY WORK Justin Libby unloads a around the country, from bucket of fish, including gray sole. Cape Ann in Massachusetts to Santa Barbara in California. There are about 30 nationwide, including three in New York. Port Clyde Fresh Catch was born in crisis. Fishing is woven into the warp and weft of daily life here, a place where the water seems more dominant than the land. The villages working waterfront still resembles a Wyeth, alive with aging trawlers, lobster traps and weatherworn shacks dwarfed by evergreens. But looks can be deceiving: Until recently, the picturesque occupation

M
TONY CENICOLA/THE NEW YORK TIMES

MARK BITTMAN

In How to Cook Everything, snacking on edamame.

A GOOD APPETITE 2

Those in-between peppers? Youre playing with fire.

CITY KITCHEN 2

Quail: chicken for nibblers.

WINES OF THE TIMES 6

The panel tastes good Bordeaux for $50 or less.

RESTAURANTS 8

Continued on Page 5

Pete Wells reviews Calliope, a bistro true to France.

PARIS Y first culinary exposure to odd animal parts was in the basement kitchen of my paternal grandfather, Tom. The kitchen of the apartment he shared with my grandmother in Buffalo was fine for eating, not for the odors that came with cooking. So Tom, whose idea of recreation was to cook, installed a Hotpoint gas stove and refrigerator in the laundry room downstairs. We grilled baby lambs heads seasoned with lemon and oregano. We simmered tripe in tomatoes that he grew and canned every summer. We roasted beef hearts, deep-fried calves brains and sauted chicken gizzards. And he cooked calves liver rare at a time when everyone else in the family thought it had to come out shoeleather well done. Sometimes he poured me a small glass of the homemade wine he served young from barrels in the cave (his tool room). I thought about his lessons when three members of the Acadmie des ED ALCOCK FOR THE NEW YORK TIMES Abats (the Academy of SPECIALTY Calfs head at Auguste in Paris Organ Meats) invited me is boiled for five hours with vegetables. to join them for lunch here. The academy is an all-male private club with more than 100 members who eat, take culinary road trips and award a diploma every year to the organ-meat chef they deem the best in France. To bone up for the meal, I consulted two authoritative French-language books that deal with offal: Nourritures Canailles (Crude Foods) by Madeleine Ferrires, and Testicules (no translation needed) by Blandine Vi. I learned that the first record of professional organ-meat butchers Continued on Page 5

The Citys Unfamiliar Parts

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City Kitchen
D a v i d Ta n i s

Slighted by Home Chefs, M Quail Needs Another Look

OST people I know happily order quail in a restaurant, but rarely think of cooking them at home. I often wonder why, because nothing could be easier. If you can roast a chicken, roasting a quail is absolutely no problem, and it is ready in half the time. But there are more compelling reasons than ease and speed. Flavor, for one. Farm-raised quail are delicious, more deeply flavored than most chicken, with a firm texture and an assertive taste but not gamy by any means. And theyre more fun to eat than wings. A quails small size fairly demands it be eaten with fingers. Even if you do go at it with a knife and fork, there comes a point when nibbling the bones is the most natural thing to do. You may have to do a little hunting. Many supermarkets carry quail, as do specialty butcher shops and farmers markets, but it can sometimes be necessary to order them a few days ahead. Fresh birds, of course, are preferable to frozen. Quail are quite versatile, and can proudly wear the flavors of all regions

of the globe, from rustic elemental Mediterranean to complexly spiced Asian. Smaller, leaner quail are good battered and fried Southern style. For roasted quail, look for the plump jumbos that weigh 4 to 5 ounces. They have a little more fat, which prevents them drying out in the oven. In any case, its wise to season or marinade them at least an hour before cooking. Though a month ago I may have chosen to make spicy roast quail with corn and peppers, now is the time to feature glorious, colorful table grapes. Roasting grapes is a great way to show off their fruity succulence. Just 10 minutes in a hot oven is enough to amplify the juices; eating them warm from the stem feels rather decadent. Any variety of table grape can be used. I used three kinds from the farmers market, including local Concord grapes. In fact, everything in this dish is roasted, and its a sight to behold: the burnished quail, the clusters of beautiful grapes and the sweet red onions. Not to mention, extraordinarily aromatic and, dare I say, finger-licking good.

Time: About 40 minutes, plus 1 hour marinating

6 jumbo quail, about 4 to 5 ounces each Salt and pepper 11/2 teaspoons grated garlic 6 large rosemary sprigs, plus 1/2 teaspoon chopped 6 large thyme sprigs, plus 1/2 teaspoon chopped 2 tablespoons olive oil 6 small red boiling onions (about 1/2 pound), peeled and quartered 1 teaspoon balsamic vinegar 1 pound grapes, cut into 6 small clusters 1. Rinse quail and pat dry. Season inside and out with salt and pepper. Put a small amount of grated garlic in each birds cavity, as well as the chopped rosemary and thyme. Drizzle birds with 1 tablespoon olive oil, and let marinate at room temperature for at least 1 hour. (You may refrigerate for several hours or overnight; bring to room temperature before roasting.) 2. Heat oven to 450 degrees. Place onions in a small ovenproof skillet or pie pan, and season with salt and pepper. Toss with balsamic vinegar and remaining 1 tablespoon olive oil to coat. Bake until slightly softened and caramelized, about 10 minutes. Set aside. 3. Spread remaining rosemary and thyme sprigs on a baking sheet or in a low-sided roasting pan. Lay quail on top of herbs, breast-side down. Roast for about 15 minutes, until puffed and lightly browned. 4. Turn birds breast-side up and surround with the roasted onions and the grape clusters. Continue roasting for 10 minutes more. If necessary, put birds under the broiler to crisp the skin. Let rest 10 minutes and serve. Yield: 4 to 6 servings
PHOTOGRAPHS BY KARSTEN MORAN FOR THE NEW YORK TIMES

QUAIL AND GRAPES

A Good Appetite
Melissa Clark

Danger Lurks Between Peppers Sweet and Hot

HERE are sweet peppers; there are hot peppers; and then there are those peppers that fall somewhere in between. They are the Russian roulette of peppers, the kinds that you can never be quite sure about until you take a bite. That list is long, and it includes pale green banana peppers, round and shiny cherry peppers, glossy dark green

Mixing and matching, and working the extremes.

poblanos, yellow-hued Hungarian wax peppers. It can be risky cooking with them: your dinner could end up sweet and mellow or quick-pass-the-fire-extinguisher incendiary. Usually what I do is use a wide mix of these types of peppers and hope that the dish comes out on the edible side of the Scoville scale. It doesnt always work. Last year, I sauted a heap of different peppers, then used them as a topping for meaty swordfish. Some bites were blissful and perfectly balanced. Some bites made me cough and gasp for air. The dish had potential.

So I decided to try it again this year as pepper season winds down. I hedged my bets. Instead of taking a chance with the gorgeous but unknown peppers, I purposely mixed the reliably sweet (bell peppers, cubanelles, peperoncini) with the reliably fiery (Serranos, chile de rbol, Scotch bonnets). Then I worked their extremes. I sauted the sweet peppers slowly with onions to intensify their gentle honeyed character. And I left half of the hot chiles raw, sharp and biting to create as much contrast as possible. Eaten altogether, each bite was both hot and sweet, pungent from a touch of garlic, tart from a squeeze of lemon and faintly saline from the swordfish. But if youd rather take your chances on questionable peppers, heres a tip: Slice the peppers open and give them a lick to see how hot they are. If they are on the mild side, use them straight, adding some hot chile at the end. If they make you cry, cut their fierceness by adding a few bell peppers to the pan. You could also substitute another meaty, rich fish for the swordfish. Albacore tuna, mahi mahi, cod, halibut or even thick chunks of salmon would work, though you might have to alter the cooking time. Watch carefully, and when the fish turns opaque, start testing it and dont stop until its perfectly cooked. After all, theres no point in taking risks when you dont have to.

ANDREW SCRIVANI FOR THE NEW YORK TIMES

SWORDFISH WITH SWEET AND HOT PEPPERS

Time: 45 minutes
2 tablespoons extra-virgin olive oil 1 small white onion, thinly sliced 4 cups sliced sweet peppers (a mix of bell peppers, cubanelle and others, as many colors as possible) 1 tablespoon chopped fresh oregano 11/4 teaspoon salt 1/ teaspoon black pepper 2 3 tablespoons unsalted butter 11/2 pounds swordfish, skin removed, cut into 11/4-inch chunks 2 to 3 fresh chile de arbol or other hot chile peppers, seeded if desired, and thinly sliced 1 garlic clove, minced Lemon juice, as needed Chopped cilantro, as needed 1. Heat a large skillet over medium heat. Add oil and let warm for 1 minute. Add onion and cook, tossing occasionally, until soft and golden brown, 7 to 10 minutes. Stir in sweet peppers and oregano; cook until very soft, about 10 minutes. Season with teaspoon each salt and pepper. Scrape vegetables into a bowl. 2. Melt butter in skillet. While butter melts, toss fish with remaining salt and pepper. Add half the chile peppers to skillet and cook until soft, 1 minute. Add garlic to skillet and stir quickly to coat with butter. Add fish and reduce heat to medium-low; cook gently until fish is just opaque, about 5 minutes. Return sweet peppers to pan and toss well. Sprinkle with remaining chile peppers and top with a squeeze of lemon and cilantro. Yield: 4 servings

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

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Food Stuff
F l o r e n c e Fa b r i c a n t

How to Cook Everything

Mark Bittman

Snacks Worth Their Salt

CHESTER HIGGINS JR./THE NEW YORK TIMES

Reinvention With the Family Name

Unlike many of the 30-somethings in the food business in Brooklyn, Louis Coluccio Jr. did not change careers and take up pickling or baking. His grandfather Domenico Coluccio started an Italian food importing and distribution business, D. Coluccio & Sons, in Bensonhurst some 50 years ago. Last year, Louis (shown above), 30, and his wife, Alison, saw a storefront in Bay Ridge that had been a butcher and decided to open a shop there. Theres a tradition of family owned and operated places, stores, restaurants in this neighborhood, he said. If anything, the Italian identity is getting stronger. The new store, with counter seating for eight, sells groceries, baked goods, produce, cheeses and cured meats. Mr. Coluccio said he seeks Brooklyn suppliers, like Salvatore BKLYN ricotta, Bien Cuit breads, Brooklyn Cured sausages and Steves Authentic Key lime pies, and will sell fresh pizza dough from DiFara in Midwood. In a couple of weeks, the kitchen will start cranking out prepared foods like porchetta and Sicilian bucatini pie. A. L. Coluccio, 8613 Third Avenue (86th Street), Bay Ridge, Brooklyn, (718) 836-3200, alcoluccio.com.

LAUREN BURKE/GETTY IMAGES

A Twist or Two For Finely Ground Chile Flakes

A sleek pepper grinder boldly banded in red is able to crush red chile flakes at the table or in the kitchen, dispensing them easily and more finely ground with a twist or two. The mill, which has a larger ceramic grinding mechanism than a typical pepper mill to handle the flakes, can neatly pulverize whole small dried red chiles, too. It comes filled with chile flakes and is also available in stainless steel, if thats what your dcor demands. Trudeau Red Pepper Mill in red is $19.99 from shoptrudeau.com and amazon.com, and $29.95 in stainless steel from chefscatalog.com.

TONY CENICOLA/THE NEW YORK TIMES

Brooklyn Artisans On a Milk Run

Artisan food producers often find their niche when theres a need to fill. Thats how Julie and Greg Van Ullen fell into theirs, producing dairy-free nut milks without preservatives and stabilizers for those seeking additive-free items. They began making cashew and almond milks in (you guessed it) Williamsburg, Brooklyn, and started online home delivery. The milks are now sold in several stores in Manhattan and Brooklyn. Since they are preservative-free, they are quite perishable, with only a little more than a one-week shelf life. The cashew is sweeter TONY CENICOLA/THE NEW YORK TIMES than the almond; the coffee flavor, made with Tobys Estate Coffee, is excellent served iced. Some seasonal flavors (pumpkin pie-spiced cashew for fall, chai in winter) are sold online. All are vegan. OMilk cashew and almond milks are sold at omilknyc.com. A half-pint is $4, a pint is $7 and a quart is $10; home deliveries, which cost $5 and are available for orders of $20 or more, are made on Monday, Wednesday and Friday evenings to Manhattan, Brooklyn, the Bronx and Queens. The milks are also sold at Dean & DeLuca, Whole Foods in TriBeCa (the exclusive source for a coffee flavor) and Union Market in Brooklyn (and soon in Manhattan). Retail shops sell only pints ($7 to $8) and quarts (around $11).

OT long ago, edamame the young, green, mostly still-in-the-pod soybeans were exotic: new, fresh and unusual. A little treat to begin a meal at a Japanese restaurant, the equivalent of olives, or even bread and olive oil. Incredibly, for almost everyone I know, that is the way they remain. Yet tucked in the freezer case of most supermarkets, at least here in the Northeast, edamame are as common as peas and carrots, packed in 12-ounce or 1-pound plastic bags and sold cheap. So cheap that for four or five bucks you can buy a pound of organic edamame, and for considerably less than that, a pound of nonorganic. Since I figure youre getting a quarter-pound or less when you order them at a restaurant, and paying (no doubt) up to seven bucks per serving, this alone should be an incentive to buy a bag. The cooking, at least for the style in which theyre served in restaurants, is along the lines of duh. Boil, drain, salt, serve. Thats it. Keep the cooking time short and use coarse salt. I can think of no other tricks. While there are other things that can be done with edamame (stand by), I wanted first to point out that they are simply shell beans. Thus any bean or legume you buy in its shell can be treated in precisely the same way. This no doubt was known to every American with a garden 100 years ago, but I just figured it out myself last summer, when I bought handfuls of black beans, scarlet runners, beans whose names I didnt know, and threw them into pots of boiling salted water. Some took quite a while to become tender (an hour, even), but all, once they had reached

EDAMAME IN THE SHELL

Time: 5 minutes
Salt 1 pound fresh or frozen edamame in their pods Black pepper, to taste 1. To boil: Bring a large pot of water to a boil and salt it generously. Add the edamame, return to a boil and cook until bright green, 3 to 5 minutes. Drain. To microwave: Put the edamame in a microwave-safe dish with cup water and a pinch of salt, cover partly and microwave on high until bright green, 1 to 5 minutes, depending on your microwave power. 2. Sprinkle with a teaspoon of salt and a little or a lot of black pepper. Toss and serve hot, warm or chilled with an empty bowl on the side for the pods. Yield: 4 servings

that stage, made great snacks when served with salt. (Its worth pointing out here that the peanut is a legume, and that boiled raw peanuts in the shell, a tradition in Charleston, S.C., and elsewhere, are an acquired and addictive taste. Use a ton of salt in the water, and depending on the freshness of the peanut the season for fresh peanuts is fast approaching beware that you may have to boil them for well over an hour. Its worth it. Eat hot.) There are ways to use edamame that go beyond the dead simple. One is to simply drizzle them with good soy sauce, a bit of lemon or sesame oil, or all three, and serve as usual. Another is to remove them from the pods after cooking and cooling, a pretty quick process, and saut them in olive or peanut oil, maybe mixed with a little sesame, just until they begin to color a bit. Drizzle those with soy at the last minute. Another good drizzle is a tablespoon of peanut oil heated with a teaspoon of sesame oil just to the smoking point. For stand-up eating, you can also just remove the edamame from their shells, sprinkle with salt and serve with toothpicks.

Other ideas, all of which are essentially garnishes to be used alone or in combination with the above treatments (these are all good whether the beans are still in or taken out of their shells): Toast sesame seeds in a dry skillet until they pop, and sprinkle them over the top. Add a few chiles or a squeeze

of sriracha to the heating oil and drizzle that. Use a few drops of rice vinegar in place of lemon juice. Toast nori (dry, in the oven or a skillet) and crumble that over the beans; mix and serve quickly. Chop peanuts or walnuts (toast first if necessary, until lightly browned) and sprinkle on top. Sweat a little minced ginger or garlic, or both, in peanut oil and toss with the cooked beans. Grate lemon zest over all. Top with chile powder, curry powder, pimentn (smoked paprika), five-spice powder or, perhaps best, shichimi (the Japanese spice mix also called togarashi). The shelled edamame can also be pured and served as a spread, but since you can do that with virtually any vegetable, thats probably the subject of another column. This should keep you busy for a while.

Correction
A review of Le Cirque on Sept. 19, using information from the restaurant, misstated the price of the Dover sole Florentine. It was $41, not $49.

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

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Exploring Pariss Unfamiliar Parts

From First Dining Page dates back to the late 11th century in the Chtelet area of Paris. Starting in the 16th century, a distinction was made between noble organs like veal head and sweetbreads, tongue and bone marrow and soft organs eaten mainly by the poor, like tripe and lungs. Testicles were not always appreciated, but by the 18th century, they appeared on royal tables, both for their delicate taste and their perceived aphrodisiacal powers. (Louis XV fed them to Madame de Pompadour, whom he called a cold fish, to warm her up.) Consumption of organ meats began to decline in the 1970s, when both rich and poor considered them lacking in refinement. Then came mad cow disease, a fatal degenerative malady a form of which can be contracted by humans who eat meat from an infected cow. The French government banned sales of beef parts susceptible to the disease, like brains and spinal cords, for human consumption in 1996. Triperies, butcher shops dealing exclusively in organ meats, went out of business. Bistros pulled classic fare like kidneys with wholegrain mustard and brains meunire from their menus. Even when the ban was lifted in stages over the next few years, the stigma remained. But in some quarters, the exotica of animal body parts has once again become chic. That is certainly the case at Auguste, a Michelin one-star restaurant in the Seventh Arrondissement, where the Acadmie members held our lunch. I went early to spend time with Gal Orieux, the 40-year-old chef, in his kitchen. Mr. Orieux was working on a calfs brain that had been blanched and treated with vinegar. He carved out bits of coagulated blood and sliced the brain into one-third-inch-thick pieces for roasting. Its like butter, the texture, he said, urging me to touch. He cut up small pieces of andouillette, a sausage he had made with pig intestines, pig ear and foot and, for good measure, gelatinous combs of cocks. Using onion confit as a glue, he topped the pieces with vinegared beet slices. Then he turned his attention to the animelles, the elegant appellation given to lamb testicles. He trimmed the excess tissue off the various-size organs, then peeled off their skins. All that is not beautiful must go, he said. I thought I must go, too. As beautiful as the animelles might be, I wanted to create a bit of psychological distance before eating them. So I headed into the dining room, where we got down to business with flutes of Laurent-Perrier, a 2007 Domaine Marcel Deiss Grasberg from Alsace, and a 2011 Cuve des Conti white Bergerac from Chteau Tour des Gendres. We started with the beet-covered andouillette and deep-set butterfly oysters. (Oysters, I learned, are sometimes called the offal of the sea). We moved on to the animelles, served with a Chantilly cream made with hay, and accompanied by testicular jokes. Then came traditional roasted brains la franaise, with veal cheek and tongue on the side, followed by sweetbreads cooked in a vin jaune. The conversation moved du coq lne from the rooster to the donkey, meaning all over the place: how the Spanish chef Ferran Adri had served

PHOTOGRAPHS BY ED ALCOCK FOR THE NEW YORK TIMES

ACQUIRED TASTES Top right, a butcher

in chain mail at a shop selling organ meats at the vast Rungis market in a Paris suburb. Above, sheep testicles for sale at Rungis. Right, Gal Orieux, the chef at the restaurant Auguste, prepares sheep testicles with a parsley sauce.

them in a paella made with lambs head for breakfast, how the grand duke had received them in Luxembourg, how the only thing worth eating at the tony Automobile Club de France was the cheese. We had the mad cow drama, recalled Dick Motte, president of the academy. For years we were punished. No brains. No sweetbreads. We now have made a comeback, without restraints! The group told me that any further appreciation of organ meats would require a visit to the triperie building at

the Rungis wholesale food market on the outskirts of Paris. So one morning at 5, I turned up for a tour. I examined pigs feet and testicles in vacuumpacked plastic, vats of beef hearts and beef tongues on ice, boxes of neatly arranged calves livers. One tray held large cow veins that, when cooked, taste of crab. Then there were the heads so many heads of pigs and calves. JeanJacques Arnoult, president of the National Confederation of French Triperies, picked up what looked like a buffcolored fleece blanket. I had never seen

such an enormous slab of beef tripe. The climax was a demonstration of how to cut up a speckled 20-pound calfs head for tte de veau, a dish of tongue, cheek and brain in a vinaigrette sauce. Cheick Omar Siby, a master butcher born in Mali, was dressed for the part in his butcher uniform and an apron and glove of chain mail to protect himself from a knife that might slip. I had seen his show before, but it still amazed: he flipped the head face down; moved his knife up its jaw; stopped to sharpen his knife, then sliced off the skin, veins, ears and tongue. The brains

had been overcooked and would have to be thrown away. He lowered his knife to his side and smiled. Our small group responded with bravos. Hes like the torero who has just finished off the bull, Mr. Arnoult said. We wrapped up our tour with a hearty breakfast in the dining room of Le Delas, the only wholesaler in the market that offers products from every food group: piping hot slices of andouillette, blood sausage with apple slices and tripe two ways. Afterward, I called an Australianborn friend in Paris who is adventurous in both cooking and eating, to regale her with my stories. She had one of her own. In the early 1980s, when we both lived and worked in Rome, she was invited to dine at a famous trattoria near Romes ancient slaughterhouses in the Testaccio neighborhood. Her host did the ordering. One of the dishes, la pajata, was made with tubular rings and a creamy white sauce that looked like ricotta. It was set on a bed of rigatoni pasta in tomato sauce. She found it delicious, and asked her host what it was. La pajata is the cooked intestines of a baby calf fed only on its mothers milk. The rings were the cut-up intestines; the creamy sauce was the fluid inside them. Sometimes its better not to know.

For Fisheries, Throwing Out a Line of Hope

From First Dining Page beloved by people from away, as summer residents are called, was on the verge of collapse. Of Maines 5,300 miles of coast, only 20 miles are working waterfront, with tiny Port Clyde, originally named Herring Gut, home of the last surviving ground-fishing fleet between Portland and the Canadian border. At the time Mr. Libby and colleagues joined forces, they faced the decimation of signature New England species like cod and flounder, largely because of overfishing and nets that damaged the seabeds, including those from an increasing number of big box industrial trawlers that can catch up to a million pounds of herring a day. Overfishing continues to be a major issue; the allowable catch for cod is projected to be cut up to 70 percent for next year, said Peter Baker, the director of Northeast Fisheries programs for the Pew Environment Group. The steady decline of fish resulted in increased federal regulations, including limits on the number of days at sea. Overfishing was one factor limiting fishermens profits. Another was the traditional way they sold their catch: through auction houses, which set wholesale prices. You never knew what the price was going to be, said Mr. Libby, who caught the fishing bug digging for soft-shell clams as a child. My best season, I made $1 an hour. He and his colleagues had a choice: They could give up and work at McDonalds, he said, or get together and try something radical. Joining forces was hardly an easy sell. Fishermen are independent, Mr. Libby said, juggling a cellphone in one hand and a pick for plucking 30 pounds of redfish from an iced bin in the other. Maybe you dont like people, so you want to sit out in a boat by yourself. But the whole I want to be the Lone Ranger stuff doesnt work when things get tight, when people are in a lot of financial pain. Then you either have to look for alternatives, or you quit. They eliminated the middleman, processing their fish and shellfish themselves and then selling or shipping directly to consumers. The idea emerged after Mr. Libby and his family heard a farmer give a talk about communitysupported agriculture. The group started with orders for sweet winter Maine shrimp from members of the Unitarian church in nearby Rockland. That eventually led to tailgate filleting demonstrations on the back of the Libbys pickup truck. Nobody got rich, said Kim LibThough sustainability is part of the business model, how that plays out on the water is more complicated. Some fishermen are businessmen first, and environmentalists second or third. Writing on The Pescavores Dilemma in the magazine Edible Boston, Roz Cummins, a Cape Ann member, lamented the prevalence of cod in the groups first year of distribution. And not every fisherman uses sustainable fishing methods. Niaz Dorry, coordinating director of the Northwest Atlantic Marine Alliance, argues that the issue isnt the type of gear so much as the scale. What really matters is who is behind the wheel and where they put their gear, she said. In Gloucester, the setting for The Perfect Storm, by Sebastian Junger, many houses have widows walks. Underlying two cookbooks the fishermens wives have produced are stories like those of Angela Sanfilippo, the groups president, whose husband, John, was rescued at sea in 2005 after his boat, the Giovanna, was engulfed in flames. Sharing recipes has always been the dream of the wife, Mrs. Sanfilippo said. Since the 1970s, the fishermens wives, many Sicilian, have routinely offered cooking demonstrations at church suppers and the like. The wives have always cooked and eaten a variety of species, including squid and hake, because the husbands would bring them home, she said. Fishermen should not be the only ones taking responsibility for marine conservation, she said. The consumer needs to do their part, she said. If all they want to buy is cod, haddock or flounder, thats all the fishermen are going to want to catch. Along with the elevation of triggerfish and monkfish, once considered bycatch, the era of the celebrity fisherman could be dawning. The Walking Fish Cooperative, a community-supported fishery in North Carolina, has started giving fishermen like Linwood Chestnut, a 37-yearold flounder gigger, video cameras to document their experiences for the Web. I hope people see where their fish comes from and what hard work it is to get them, said Mr. Chestnut, whose trade is nighttime spearfishing. The most heartening news may come from young people like Mr. Libbys 32year-old son Justin, who had abandoned thoughts of fishing, until Fresh Catch offered a steadier income. We didnt want to be the last ones, his father said of the heritage that was once the vibrant lifeline of coastal communities. We still could be. But were trying like hell not to be.

ABOVE, ERIK JACOBS FOR THE NEW YORK TIMES; BELOW, STACEY CRAMP FOR THE NEW YORK TIMES

by, Mr. Libbys sister-in-law. But it was a good shot in the arm for paying the fuel bill that week. The Port Clyde group was environmentally proactive, redesigning their nets to allow more juvenile fish to escape. Instead of catching a high volume of a single species, the group sought a more diverse catch and received a price closer to the cost of production. That in turn allowed them to fish at a smaller scale. Ted Ames, a retired fisherman, a MacArthur Fellow and a founder of the Penobscot East Resource Center, said he considers community supported fisheries a promising ecological tool that can help build a constituency for conservation measures like a 30-mile intracoastal protection area for spawning fish limited to small boats. Not only do C.S.F.s give people the freshest seafood, he said, they give local fishermen a chance to be stewards of the resource. Cape Ann Fresh Catch in Massachusetts, now the countrys largest community-supported fishery with 650 members, started with whole fish only, much to some customers trepidation. Theres 10 pounds of fish, remem-

NO MIDDLEMAN Top, a whole pollock is handed to a shareholder at Cape Ann Fresh Catch in Massachusetts. Below, Justin Libby displaying a gray sole he caught on a recent trip to sea.

bered Mary Reilly, an owner of Enzo, a rustic Italian restaurant in Newburyport, but then a home cook. There were weeks I was tempted to chuck it in the trash, she said. But these bright little eyes were staring at me. Like advice to the lovelorn, many community-supported fisheries offer online recipes and how-to videos. On the anxiety front, perhaps none matched Mr. Libbys when he faced 1,500 pounds of gray sole with no idea how to fillet it. We thought wed go hire some fish cutters, he said. But there werent any. (He has since trained a team). Growth has been dependent on all sorts of factors, including geography. While Port Clyde, isolated on an peninsula about 45 miles northeast of Portland, has cut back on some of its deliveries because of distance, business is booming out of the commercial fishing port of Gloucester on Cape Ann, 45 minutes from Boston. The group, begun by the Gloucester Fishermens Wives Association, formed many years ago, buys from some 30 boats using hooks, gillnets, trawls and traps, and collaborates with a local wholesale distributor and processor.

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

Seven Retain Michelins 3 Stars

Blanca and Torrisi Italian Specialties, the Michelin guide appears to be validating the trend toward tasting menus, which it already recognized at Chefs Table at Brooklyn Fare. In total, there are 896 restaurants in the guide, up from 805 last year. The Bib Gourmand citation for menus with good value was given to 126, up from 114. There are 161 restaurants with meals under $25, an increase of 14. With this edition of the New York guide, Michael Ellis, the new international director of the Michelin red guides, is making his American debut. Mr. Ellis, 52, who is from New York, had a career in international food, beverages and tourism before he joined Michelin in 2007. He succeeded Jean-Luc Naret, who became head of the guides in 2003, started publishing the red guides for some American cities, and opened the rankings worldwide to more ethnic cuisines and informal restaurants. Mr. Naret also gave the conservative Michelin organization a sometimes flamboyant face. In a telephone HIROKO MASUIKE/THE NEW YORK TIMES interview, Mr. Ellis NEW ADDITION Matthew Lightner, the said what was chef at Atera, which received two stars. most important to him was maintainFare, Daniel, Eleven Madison ing the guides principles and Park, Jean Georges, Le Bernar- keeping them consistent from din, Masa and Per Se. city to city. He supports the Of the seven restaurants that changes that Mr. Naret made. received two stars, six were on People have moved to more last years list: Corton, Gilt, casual dining, he said. Thats Gordon Ramsay at the London, reflected in some of our choices. Marea, Momofuku Ko and Soto. We want to concentrate on the Two others from the 2012 roster, food. SHO by Shaun Hergatt and Inspectors visit each restauLAtelier de Jol Robuchon, rant anonymously and confer closed. A third, Kajitsu, now has with a head inspector in each only one star. The new entry, city; together they set the rankAtera, was awarded three stars ings. Mr. Ellis said that inspec(out of a possible four) by Pete tors debated how to treat resWells in a July review in The taurants with only tasting New York Times. menus, because our feeling is In addition to Kajitsu, there that people should have a are 52 other one-star choices choice when they dine out. But I this year, up from 46 last year. also understand the economics Added to the list are Aquavit, these days. Blanca, Caf China, 15 East, He said Michelin, which in Hakkasan, Jungsik, Lan Sheng, the United States also issues The NoMad and Torrisi Italian guides for Chicago and San Specialties. Laut, Marc For- Francisco, is always considergione and Veritas each lost their ing adding new cities. star. The guide ($18.99) goes on With the addition of Atera, sale Wednesday.

Wines of The Times

Eric Asimov
OR many would-be Bordeaux drinkers, the highly praised 2009 vintage was the watershed: the point at which they could take no more. Prices rose so high on the critical enthusiasm and international demand that, no matter how good the vintage was, many Americans turned their backs on the year and on Bordeaux. Of course, they were simply joining multitudes who had already bid adieu to Bordeaux. Many younger wine lovers paid it no mind in the first place. These disdainful attitudes are acutely painful to earlier generations of American wine drinkers who, like me, were essentially weaned on Bordeaux as they came of age in the 1980s and before. Bordeauxs central importance historically and its role as a beacon, raising the level of quality in wines around the world, cannot be so easily dismissed. But that is precisely whats happened. Bordeaux, in the eyes of many wine lovers, is now a region of brand names, wielded by status-seeking point chasers like so many luxury cars or watches. Where so many wine lovers detect a purity of purpose in Burgundy, the Rhne Valley, the Loire and numerous other regions, in Bordeaux they see only a quest for filthy lucre. Clearly, a measure of truth supports that attitude. Demand from Asia and other regions relatively new to wine has more than offset whatever drop Bordeaux has seen in the American market. While the Bordeaux trade may pay lip service to attracting a new generation of American customers or bemoan the high price of its wines, it seems content to make its profits. In its public image, Bordeaux far more often connotes the absentee owner and commerce rather than viticulture and love of wine. Yet much of the emotional reaction against Bordeaux ignores these critical components: the wines, the people who make them, the land and the centuries of history that waft up so invitingly from each glass. Bordeaux is one of the worlds greatest wines. In terms of complexity, longevity, soulful sense of place and sheer refreshment, Bordeaux remains not merely a great example but a benchmark. Like Burgundy, it has its independent vignerons. Surprisingly, it even has its less expensive side, and from the pricey 2009 vintage, as well. This is not to say that top-ranked Bordeaux will be accessible for lessthan-outrageous prices. Even a wine like Loville-Barton, an excellent St.-Julien whose proprietor, Anthony Barton, has long tried to hold the line on prices, wont be found (the 2009s, at least) for less than $120 or so. Nonetheless, good, moderately priced Bordeaux is out there, wines that convey if not the grandeur of the regions best wines at least a sense of whats so good about them. In fact, 2009 is a great vintage to explore Bordeauxs less expensive side. It was a year of rich, supple wines that are accessible when young, yet have the freshness and vitality that make good Bordeaux such a superb partner with food. To get a sense of whats available, the wine panel recently tasted 20 bottles of the 2009 vintage, all $50 or less. The wines came from the well-drained, gravelly soils of the Mdoc and Graves, classic left bank Bordeaux from the areas west of the Gironde and Garonne rivers, where cabernet sauvignon is king. For the tasting, Florence Fabricant and I were joined by Hristo Zisovski, the beverage director at Ai Fiori, Osteria Morini and Nicoletta, and Greg Majors, the beverage director at Craft. By $50 or less, I actually mean $20 to $50. No, this is not cheap, though you will rarely see good wines under $20 from most top regions, whether Burgundy, Barolo, Napa Valley or Chteau-

By FLORENCE FABRICANT

NEWCOMER has popped up in the 2013 edition of the Michelin red guide for New York City hotels and restaurants: Atera, the TriBeCa restaurant that opened a little more than six months ago, offering only counter seating for tasting menus by Matthew Lightner, a celebrated chef from Portland, Ore. The restaurant, which received two of three possible stars, is one of several with changes in the influential star rankings, which were announced Tuesday by Michelin, based in Paris. There were no shifts in the top category, three stars, a select club with the same seven members in New York as last year: Chefs Table at Brooklyn

Good Bordeaux For $50 or Less

TONY CENICOLA/THE NEW YORK TIMES

neuf-du-Pape. Yes, you can find Bordeaux for as low as $10, but in that range you run the risk of buying mass-produced commodity wines, or wines made from indifferent terroirs. While those wines are no doubt palatable, its far easier in the $20 to $50 range to find wines representative of Bordeauxs best qualities. We found a variety of styles. Some were lush, dense and concentrated. Others showed more finesse and refinement. We espe-

cially liked wines that showed good acidity, which helps keep wines fresh and refreshing. We were looking for good structure in the wines, too, the skeleton of tannins and acidity that transports the flesh of flavors through the mouth and helps wine age. Its important to understand that tannic and structured are not synonyms. Wines that are simply tannic can flop in the mouth like a formless, astringent blob. Structured wines develop in

the mouth, existing in the dimension of time as well as taste and texture. The flavors evolve and linger. Decades ago, the influential Bordeaux enologist mile Peynaud urged producers to create secondary, cheaper labels for grapes of lesser quality, reserving their best grapes for their top wines. At the time, many producers were aghast at making less wine by diverting grapes to a second label, but now all of Bordeaux seems to have embraced the idea of second and even third labels. Seven of our 20 wines were second labels. I have mixed feelings about second labels. They can obviously be good, but emotionally Id like to feel Im getting the best a producer has to offer. Also, theyre not always great values as they trade on their illustrious siblings. In fact, four of those seven didnt make our top 10, but among those that did were two of our first four, including our No. 1 wine, La Croix de Beaucaillou St.Julien, sibling of the excellent St.Julien Ducru-Beaucaillou. This wine was lively and bright with inviting mineral and fruit flavors. Our No. 4 bottle was Le Petit Haut Lafitte from Pessac-Lognan, one of Smith Haut Lafittes secondary labels, concentrated yet accessible and refreshing. Our No. 8 bottle was Chteau Gruaud Laroses second label, Sarget de Gruaud Larose St.-Julien; it was firm yet silky with spicy flavors of red fruit. Our best value, at $25, was Chteau Lusseau, a producer Ive never had before. It comes from the less exalted end of Graves, but this structured, precise wine shows that Lusseau (not to be confused with Lusseau of St.-milion) is worth watching. Even in an accessible year like 2009, good Bordeaux requires time before it shows its best. These lower-end wines may need only two or three years, or maybe five or seven for the more structured ones. You might bemoan the fact that they demand patience. Or you could be thankful that even moderately priced Bordeaux improve with age.

Pairings

TONY CENICOLA/THE NEW YORK TIMES

Calendar
Benefits
To raise money for the conservation and restoration of Olana, the painter Frederic Churchs estate in Hudson, N.Y., 10 local chefs will create dishes for tasting based on Churchs paintings Sunday, 5:30 to 8 p.m., at the Olana State Historic Site, 5720 State Route 9G in Hudson. Tickets are $90 for Olana Partnership members, $115 for others: (518) 828-1872, olana.org. Krug Champagne will hold two dinners, Oct. 8 and 10 at 7 p.m., prepared by Marc Forgione at 150 West 15th Street, where it entertains people in the trade. The dinners, to benefit the James Beard Foundation, are the only events at Krug House New York open to the public. Tickets are $300 a person. Reservations: krugus.com. The New York City Wine and Food Festival, to benefit Share Our Strength and the Food Bank for New York City, will run Oct. 11 to 14 with scores of events. Details and tickets: nycwff.org. do not include tax and gratuity: (212) 307-7311. Leda Meredith, a botanist and author, will lead a walk through Prospect Park in Brooklyn to look for edible weeds and mushrooms on Sunday at noon. Then, a dinner inspired by the expedition will be held at 8 p.m. at the Farm on Adderley, 1108 Cortelyou Road (Stratford Road), Ditmas Park. It is $80 for the walk and dinner, plus beverages, tax and tip: (718) 287-3101, thefarmonadderleyevents @gmail.com. Kate Lebo, a poet and baker based in Seattle, will be in Williamsburg, Brooklyn, at the Drink, 228 Manhattan Avenue (Grand Street), Sunday from 2 to 10 p.m. for the Gala Gala Hey! Festival, featuring five

Bordeaux is usually in the glass, not the recipe. Except for lamb. There is no finer partner for a good wine from the region, even if the lamb was not pastured in Pauillac. Here you have plump loin chops masquerading as steak

au poivre. This recipe differs from the classic by the addition of other whole spices, seasonings that lamb might welcome in India, to provide more complexity. Youll want to crush the spices but not pulverize them. A dollop of cream enriches

the sauce; sauted potatoes and steamed haricots verts are good accompaniments. The recipe serves two, perfect for that shared bottle of Bordeaux, but it can be doubled.
FLORENCE FABRICANT

Time: 40 minutes plus 11/2 to 31/2 hours seasoning

1 tablespoon whole black peppercorns 1/2 tablespoon coriander seeds 1 teaspoon brown mustard seeds 1/2 teaspoon fennel seeds 4 loin lamb chops, 11/2 inches thick, about 2 pounds, fat trimmed, tails removed 2 tablespoons grapeseed oil 1 tablespoon unsalted butter 11/2 tablespoons finely chopped shallots 5 tablespoons beef stock 1 tablespoon Cognac 3 tablespoons crme frache Salt 1 teaspoon minced flat-leaf parsley for serving 1. Use a mortar and pestle or a spice grinder to coarsely crush peppercorns, coriander and mustard and fennel seeds. Coat lamb chops on both sides, pressing the spices into the meat. Cover and refrigerate 1 to 3 hours. Remove from refrigerator 30 minutes before cooking. 2. In a cast-iron skillet, heat oil on medium. Add chops and cook 7 minutes on one side. Turn chops, cover pan and cook another 7 minutes for medium-rare, or until done to taste. Remove to a warm serving platter; cover loosely with foil. 3. Pour off excess fat from pan. Add butter and cook on low until melted. Add shallots and cook on low until soft. Add stock, Cognac and crme frache and cook on medium, stirring, until sauce has thickened somewhat, about a minute. Season with salt. 4. Place 2 chops on each of 2 dinner plates. Spoon sauce over and around. Scatter parsley on top and serve. Yield: 2 servings

LAMB CHOPS AU POIVRE

Meals and Deals

The Culinary Conversations series at the Tenement Museums visitor center, 103 Orchard Street (Delancey Street), kicks off Thursday at 6:30 p.m. with Niki Russ Federman of Russ & Daughters and Wilson Tang of Nam Wah Tea Parlor discussing the younger generation entering the family business. Tickets are $30 each, or $60 for three events in the series, from (877) 975-3786. Details: tenement.org. Chocolate-making classes run by Perugina will include a chance to fashion your own version of the companys famous Baci bonbons. They will be held Friday from 6:30 to 8 p.m., and Saturday from 2 to 3:30 p.m., at La Scuola of Eataly, 200 Fifth Avenue (23rd Street). They will be repeated Dec. 14, from 6:30 to 8 p.m., and Dec. 15, from 2 to 3:30 p.m. Reservations, $50: (212) 539-0204, extension 304. The Swedish chef Daniel Berlin will cook dinners at Aquavit, 65 East 55th Street, through Saturday. He is working with Aquavits chef, Marcus Jernmark, to prepare the eightcourse tasting menu, $125; $200 with beverage pairings; prices

Tasting Report: Fresh and Fruity From 2009

RANDY HARRIS FOR THE NEW YORK TIMES

PRESERVATION Olana, the es-

tate in Hudson, N.Y.

types of her apple pies ($5 a slice), cider and activities. Admission is free. Whole apple pies (Cheddar-crusted, whiskey crumble, honey ginger, brandied cardamom and plain), $35, can be ordered in advance from kate@pie-school.com. The history and genetics of apples, with a look at New Yorks apple and cider production, will be covered Oct. 10, 6:30 to 9 p.m., at a meeting of the Culinary Historians of New York held at Mount Vernon Hotel Museum and Garden, 417 East 61st Street, $40: culinaryhistoriansNY.org.
FLORENCE FABRICANT

$44 Chteau Ducru-Beaucaillou La Croix de Beaucaillou St.-Julien 2009 Fresh, bright and lip-smacking with lingering flavors of plummy fruit and minerals. (Massanois Imports, Washington) BEST VALUE Chteau Lusseau Graves 2009 $25

$45 Chteau Tronquoy-Lalande St.-Estphe 2009 Structured yet harmonious with pure, pleasing flavors of red fruits. (Frederick Wildman & Sons, New York) $35 Chteau Gruaud Larose Sarget de Gruaud Larose St.-Julien 2009 Clear aromas of spicy red fruit, pleasantly firm and silky. (Frederick Wildman & Sons)

Structured yet inviting; lively, pure flavors of red fruit and tobacco. (Francks Signature Wines/Saturn Wine Imports, Scarsdale, N.Y.) $45 Chteau Larrivet Haut-Brion Pessac-Lognan 2009 Earthy, smoky and compelling, with aromas and flavors of herbs and red fruit. (Fruit of the Vines, Long Island City, N.Y.) $50 Chteau Smith Haut Lafitte Le Petit Haut Lafitte Pessac-Lognan 2009 Concentrated fruit tinged with herbal flavors, dense yet accessible and refreshing. (Vintage Trading, New York) $45 Chteau Poujeaux Moulis 2009 Well-structured and fresh with complex aromas and a pleasing tannic grip. (Vintage Trading) Chteau de Ste.-Gemme Haut-Mdoc 2009 $20 Light-bodied and balanced with aromas and flavors of red fruit, minerals and tobacco. (Upslope Vineyards, New York)

$40 Chteau Meyney St.-Estphe 2009 Rich and muscular with concentrated flavors of ripe fruit and oak. (Premier Wine Company, Richmond, Calif.) $50 Chteau Cantemerle Haut-Mdoc 2009 Dense and well-knit with ripe red fruit and oak flavors. (Cynthia Hurley French Wines, West Newton, Mass.)

Listings for the Dining Calendar should be submitted by the Friday before Wednesday publication, by using a form at nytimes.com/dining-calendar.

WHAT THE STARS MEAN: Ratings, up to four stars, reflect the panels reaction to the wines, which were tasted with names and vintages concealed. The wines represent a selection generally available in good retail shops and restaurants and on the Internet. Prices are those paid in shops in the New York region. Tasting coordinator: Bernard Kirsch

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

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THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

Restaurants
Pe t e We l l s

Off the Menu

F l o r e n c e Fa b r i c a n t

HE first time I tasted Ginevra Iversons cooking, I was sure she was French. At the time, she was running the kitchen at Thirstbarvin, an overachieving wine bar in Crown Heights, Brooklyn, and nothing about her menu felt American. Not its concise take-it-or-leave-it length, nor its obvious faith in the power of sorrel and leeks and butter, nor its sensitive takes on the kinds of classics that are scratched in chalk above a zinc bar. Only someone born in France, I thought, could serve a plate of lamb leg with baked tomatoes that tasted so simple and honest, with no effort to crank the flavors up to American levels. When the wine bars owners set me straight (Ms. Iverson is Californian), I learned two lessons. First, that its foolish to think that only someone born into a culture can understand its cuisine. Second, and of more immediate interest, that Ms. Iverson was a chef Id happily follow, wherever she comes from and wherever she goes. In the spring she turned up in the East Village, where she and her husband, Eric Korsh, a chef who was last seen at the Waverly Inn, have taken over a turnkey restaurant formerly called Belcourt. They largely left intact the brasserie bones that New Yorkers living in the Age of McNally call bistro dcor: tiles, tin ceilings, scarred mirrors and glass doors. Whether the room is true to the bistro ethos doesnt matter. The menu is, in a way that the city doesnt see often enough. Youd have to spend a week in Paris to taste rabbit cooked in as many ways as it is served at Calliope. Rabbit kidneys on toast, a special one night, was so traditional it was almost shocking, in the most pleasant way. They were sauted to the rare side of medium-rare, the uncouth edge of their bitterness softened by a Cognac-and-chicken-stock sauce with a touch of cream and butter. A wrapping of bacon gave rabbit saddle stuffed with tender leek greens and carrots an American note of smoke, but the heart of the dish, another special, was located across the Atlantic. The star of the cotton-tailed roster, a regular on the menu and a dish that makes Calliope worth a visit all by itself is tender braised rabbit legs tossed with pappardelle. All around the city you can find Italian spins on this idea, the sauce a rag pink with tomatoes and aromatic with rosemary. Calliopes rabbit is unmistakably Gallic. The sauce is built on white wine and shallots; the herbs are the trusty French quartet of chives, chervil, tarragon and parsley, and theres not a tomato in sight. That dish and others at Calliope made me wonder why bistro cuisine in New York seems to have largely stopped evolving. For decades after World War II, French cuisine flowered here, from formal dining rooms to neighborhood dives. But somehow, as American tastes began to change, Italian restaurants stole the scene, drawing ideas from lesser-known corners of Italy, from the farmers markets and from ever-better imported ingredients. Meanwhile, bistro cuisine has fossilized, as chefs thumb through the same dog-eared recipe cards again and again. Steak frites, poulet rti, moules mari-

Waiter, How Far to the Eiffel Tower?

OPENING
CENTER BAR This spot in the

fourth-floor lobby of the Time Warner Center was once a wine bar that failed. Now Michael Lomonaco, whose Porter House New York is a nearby magnet for diners, is trying his hand at the space, which he sees as a place for those who want less than a full steak-focused menu, or who may even be waiting for a table in his steakhouse. The wine list offers 100 choices selected by Brad Nugent; there are cocktails by James Moreland and a menu featuring small plates (charcuterie, oysters, stuffed piquillo peppers) and a few entrees, including giant prawns and slow-cooked halibut. (Opens Thursday): 10 Columbus Circle, (212) 823-9500.
DELLAROCCOS The wood-fired

LINKS Brendan Spiro, who owned Vandaag and is now a consultant, has set up this 20seat nook for eating in and taking out. Seven kinds of sausages, made all over the city, are served with toppings, beers and ciders on draft and wines by the half-bottle. (Friday): 188 Allen Street (Houston Street), (212) 460-9383. SUSHI MASARU Fairly straightforward sushi, sashimi, rolls and a few entrees are fashioned by Henry Yang, who worked at Bond St., and Kenji Zensho, for-

pizzas here come in three varieties: red, white and salad. The owners, Greg and Glenn Markman and Joseph Secondino, who also own Heights Cafe, hired Pasquale Cozzolino from PizzArte to make the pies: 214 Hicks Street (Montague Street), Brooklyn Heights, (718) 858-1010.
FELICE This financial-district branch of the Upper East Side Tuscan wine bar-restaurants has 50 seats on the ground floor and a wine lounge upstairs. (Wednesday): 15 Gold Street (Platt Street), (212) 785-5950.
PHOTOGRAPHS BY LAUREN D eCICCA FOR THE NEW YORK TIMES

ROBERT STOLARIK FOR THE NEW YORK TIMES

NEW PLACE Michael Lomona-

co in his Center Bar.

merly of Sushi Samba. (Monday): 169 Eighth Avenue (19th Street), (212) 627-8887.
TERROIR PARK SLOPE Paul Grieco and Marco Canora now have a Brooklyn branch of their chain of wine bars. This one has 74 seats and will serve bar snacks like pretzels, peanuts, hot dogs and its version of Cracker Jacks, in homage to the memory of Ebbets Field. Pork rag bruschetta and Korean-style short ribs are among the new dishes: 284 Fifth Avenue, Park Slope, Brooklyn, no phone.

BISTRO SOUL A stone fruit tart with crme frache, left, and eggs mayonnaise with celery salt.

IL MULINO NEW YORK UPTOWN

CALLIOPE

84 East Fourth Street (Second Avenue); (212) 260-8484; calliopenyc.com. ATMOSPHERE The Manhattan fantasy of Paris, familiar and still charming. SERVICE Variable, from offhand to quite friendly. SOUND LEVEL Even in a half-empty room the volume gets a little jarring, and its louder when the doors are open to the street. RECOMMENDED Eggs mayonnaise; chard and sorrel gratin; chard stem and potato gratin; beef tongue; tomato tart; braised tripe; New York strip steak; rabbit pappardelle; braised lamb neck; crme panisse; baba au rhum. DRINKS AND WINE Cocktails are from the classic era enshrined at places like Harrys American Bar in Paris; wines are eclectic, food-friendly and reasonably priced. PRICES Appetizers, $6 to $16; main courses, $17 to $32. HOURS Breakfast Tuesday to Friday, 9 to 11 a.m.; lunch Tuesday to Friday, 11 a.m. to 2:30 p.m.; brunch Saturday and Sunday, 10:30 a.m. to 3:30 p.m.; dinner nightly 5 to 11 p.m. RESERVATIONS Accepted. WHEELCHAIR ACCESS The entrances and restroom are on street level. WHAT THE STARS MEAN Ratings range from zero to four stars and reflect the reviewers reaction primarily to food, with ambience, service and price taken into consideration.

Theiconic Greenwich Village restaurant, which has nine branches in the United States and one in Tokyo, has opened another, closer to home: 37 East 60th Street, (212) 750-3270.
LA MAISON DU CROQUE MONSIEUR There is a world of differ-

ence between a grilled cheese sandwich and its French cousin, the croque monsieur, which comes topped with a slather of bchamel sauce. Alberto Benenati and Yves Jadot have come up with more than a dozen variations in this little takeout place, which has a few tables on the upstairs level. They also serve a croque madame, made with egg: 17 East 13th Street, (212) 675-2227.
LE MIDI East 13th Street between Fifth Avenue and University Place has suddenly become a dining hub, with five restaurants and more to come. This newcomer is a partnership between a couple of financial backers and Tina Vaughn and her husband, Chip Smith, the chef, who met when they were working at Larry Forgiones American Place. It has a countryFrench bistro menu without the cane chairs and vintage posters. The place is sleek and slightly industrial, as befits a space that was once a loading dock, but takes on atmosphere when the lights are low. Mr. Smith, who also worked with Jean-Louis Palladin in Washington, has a fairly concise seasonal menu featuring seared sweetbreads, a terrine of the day, roast chicken, hanger steak with shallot confit and arctic char. The menu crosses the Channel for dessert, with a sticky toffee pudding. The wines come from the portfolio of Neal Rosenthal: 11 East 13 Street, (212) 255-8787.

CHEF ON THE MOVE

YOUNGSUN LEE, who attracted

nire, pt de campagne, crme brle: the menus might as well be printed on a mimeograph. Some New Yorkers might believe that these by-the-numbers bistros offer a cheap ticket to the Left Bank, but those who have been to Paris recently know that the bistro tradition, never dormant, has been thoroughly rejuvenated by young chefs. Mr. Korsh and Ms. Iverson dont go nearly as far as, say, Inaki Aizpitarte at his modern bistro Le Chateaubriand. But those who hunger for the soul of bistro cuisine and not just its greatest hits will want to order a plate of Calliopes boiled eggs with mayonnaise all the same. The eggs are just barely set in the center, and the mayonnaise is a sunny, yolkrich yellow, seasoned boldly with vinegar, lemon juice and mustard. Sprinkled around the plate is a tart house-made celery salt of dried celeriac that Id like to put on every egg salad I eat from this point on. This is how to keep a classic alive. The couple, who met while working at Picholine, share kitchen duties. She is responsible for

the excellent beef tongue, shaving it into thin leaves that are folded over sweet white onions and an old-school sauce gribiche thats even tangier than that mayonnaise. Mr. Korsh knows his way around a pigs head, and his tt de porc has deep flavor with a textbook funkiness, though I wished it was sliced more thickly to play up the contrast between firm boiled meat and other, more gelatinous stuff. Those werent my only misgivings. The room looks pretty, but all those hard surfaces can make conversation an ordeal. The leeks that surrounded poached lobster in a gorgeous slab of a terrine could have been more flavorful, or maybe the dish was served just a few degrees too cold. And while I have no quarrel with the decision to serve ricotta-chard dumplings in browned butter, such nods to Italy having become almost routine in Paris bistros, Calliopes are dense and flat-footed. In matzo-ball vernacular, these dumplings are sinkers. And the cake that our server one night billed as something like angel food was nearly as earth-

bound as an emu. I spooned up the apricot-pit ice cream served with the cake, though, as I did almost all the other desserts, now under the care of the talented pastry chef Shuna Lydon. She makes a stunningly simple bowl of vanilla custard under a chilled layer of red plum pure that Im going to think about all fall and into the winter. And while it cant be called her invention, the baba au rhum almost made me misty with gratitude each time a server cut the still-hot and yeasty cake neatly in half and doused it with booze from a little pitcher, as the steam lifted the vanilla scent of aged rum into the air. Very few Manhattan restaurants not owned by Alain Ducasse get baba au rhum so right. And Calliope gets many things right, even its two noteperfect chard gratins and a New York strip steak that might sound run of the mill yet is anything but, thanks to an aggressive searing and a small lake of butter and beef fat. The beef isnt French, but the spirit is, and with bistro cuisine the spirit is what matters.

attention at Persimmon in the East Village and had been involved with Kimchi Taco, is now the chef at The Queens Kickshaw in Astoria. Not much Korean or Asian influence on the food here, he said of Kickshaw, where the menu is vegan and vegetarian. Good thing I know something about Korean Temple cuisine, which is totally vegan, he said.

LOOKING AHEAD
SWEETGREEN Nicolas Jammet,

whose parents, Andr and Rita Jammet, owned the legendary La Caravelle, opened the first of these sustainable organiccafes in Washington when he and his partners were undergraduates at Georgetown. Now they have a dozen in the Washington area, Maryland, Virginia and Pennsylvania, and are about to bring their salads and wraps to the NoMad area in the spring: 1164 Broadway (28th Street).

CLOSING
BUBBYS The branch in Dumbo,

Brooklyn, will close on Oct. 27, with weekend brunch the only meal served until then. The owners are looking for a new location.

Hungry City
Ligaya Mishan

Basement Sushi Place, Two Floors Up

bon portfolio, ensconced since April on the second floor of the Thompson LES Hotel. To reach it, you must mount a double-height staircase, hung with paper lanterns and smelling oddly of unisex cologne, circa 1992. The restaurant rises above Orchard Street, but cannot be said to overlook it: the wall of windows has been blacked out with rough vertical planks. This may be the first case in New York real estate of a room with a view aspiring to be a basement. The shunning of natural light is meant to evoke the coziness of a subterranean izakaya, or Japanese pub. But the mood is more brooding lounge. Diners slump in half-moon booths, attempting to spin the lazy susan secreted in each glossy tabletop, or hunch on plush tuffets around communal tables, sneaking peeks at the neighbors. It helps to be eating with an entourage. The cluttered menu spans four pages and a sheet of specials. General rule: the smaller the dish, the better.

BLUE RIBBON SUSHI IZAKAYA

187 Orchard Street (Houston Street), (212) 466-0404, blueribbonrestaurants .com/rests_sushi_izakaya_main.htm. RECOMMENDED Oshinko (pickled vegetables); goma ae (spinach in sesame sauce); hamachi tataki (yellowtail tartare with quail egg); kushi yaki (grilled skewers); oxtail and bone-marrow fried rice; sweetbreads, tongue and poached-egg fried rice. PRICES $3 to $75. HOURS Daily, 7 to 11:30 a.m.; noon to 2 a.m. RESERVATIONS Accepted for breakfast and lunch; for dinner, accepted for parties of five or more. WHEELCHAIR ACCESS Dining room is on second floor, but accessible by elevator through the Thompson LES Hotel. Restroom is equipped with handrail.

OU are on the Lower East Side, but it could be Times Square, or Terminal 5 at Kennedy Airport. The room is gaping; the music is that grim pop that weasels into your head, at once generic and unforgettable. When the original Blue Ribbon opened in SoHo two decades ago, it was a beacon of downtown hip. Now there are Blue Ribbons across the city and in Las Vegas, and a partnership with Renaissance Hotels that enables you to order Blue Ribbon Classics as easily in Arlington, Va., as at Sea World. The strains of empire are apparent at Blue Ribbon Sushi Izakaya, the latest addition to Eric and Bruce Brombergs Blue Rib-

PHOTOGRAPHS BY RAHAV SEGEV FOR THE NEW YORK TIMES

THE EMPIRE EXPANDS Blue Ribbon Sushi Izakaya, left,

and pickled vegetables known as oshinko, above.

Kushi yaki, grilled skewers, are consummate drinking food, salty enough to tickle the throat but not parch it. They are diminutively priced and sized, the better to try more of them: juicy beef tenderloin, accompanied, needlessly, by a dab of wasabi ($10); scallops massaged with miso butter ($9); rock shrimp that burst hotly in the mouth, impaled with crispy garlic bits and brushed with the faintest sheen of teriyaki ($5). Fried rice comes larded with tender oxtail and topped with a delicate omelet, which when torn disgorges glistening bone marrow ($24), or bombarded with sweetbreads and beef tongue under a poached egg as thick and fluffy as meringue ($28). But a version drenched with squid ink proved mostly slippery, unaided by inert clips of squid and a dollop of sea urchin too stingy to make a difference ($29). The most appealing dishes are the most traditional: a hallucinatory array of oshinko, pickled vegetables ($9); goma ae, a pouf of spinach given body by a crushed-sesame paste ($6); and leek sunomono in a ponzu bath, unexpectedly smoky beneath corkscrews of bonito ($7). A quivering quail-egg yolk makes a halo for a voluptuous patty of hamachi tataki ($16). But tempura ($9 to $24) fails to attain feathery lightness. And sushi ($3.50 to $18.50) tends in style more to party platter than jewel box, the fish a touch too warm, the slices too hefty. Blue Ribbons signature fried chicken ($24, half; $47, whole), lauded in some publications as among the citys best, did not quite live up to its reputation. The thrill was skin deep: after the heat (from dashes of togarashi and cayenne) and the crunch (accentuated by matzo meal in the coating), all that was left was ba-

nal flesh. It was not the only classic to disappoint. One evening, a dining companion raved about the bread pudding shed had at other Blue Ribbon restaurants, then fell silent after a spoonful of the oversweet rendition here ($13). Such are the pitfalls of nostalgia. You can still enjoy yourself here. Bring a crowd, lower your expectations and sip your sake, preferably the Blue Ribbon house junmai ginjo, brimming over in a cedar box, as velvety and lovely as it ever was.

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012

D9

A Hollywood Ending, With Meatballs

From First Dining Page became familiar with northern Italian cooking and fell hard for lasagne verde. It bows to Big Night, a 1996 movie, set in an Italian-American restaurant, that Stanley Tucci not only acted in but also helped write and direct. The movie, in fact, inspired a previous, shorter, less glossy version of The Tucci Cookbook, titled Cucina & Famiglia. But beyond all of that, The Tucci Cookbook, in which the recipes are interlaced with reminiscences from two generations of Tuccis, suggests the meaty, saucy ways in which a love of food can bind and govern a family. That love has certainly shaped Stanley Tuccis life and career, in which cooking and eating seem to be the glues for every relationship, the sidebars to every adventure, the grace notes of every achievement. Big Night, an exuberant celebration of culinary obsession, helped put him on the map in Hollywood. More than a decade later, Julie & Julia, in which he played Julia Childs husband, cemented his reputation as one of the movie businesss nimblest character actors. He recalled that before that movie was shot he told Meryl Streep, who played Ms. Child: You and I need to cook together. I dont mean to be a nudge and I dont mean to be Method-y, but we need to be in a kitchen together. At Ms. Streeps apartment in Manhattan, they prepared a proper French dinner, with a main course of blanquette de veau and, for dessert, a tarte Tatin. Mr. Tucci, 51, is a proud and avid cook, and at his home in northern Westchester County, not far from Concetta Tropianos old stamping grounds, his arsenal of equipment trumps what many restaurants have on hand. In addition to the six burners and acres of counter space in his kitchen, theres a mammoth stone pizza oven, made in Italy, on the patio outside, along with a gas grill as large as a Fiat, a free-standing paella pan the size of a wading pool, and a coffinlike wood-and-aluminum roasting box, called a Caja China, that can accommodate up to 100 pounds of meat. He likes his dinner parties populous and his friends carnivorous. Widowed in 2009, he remarried in August, and when he and his bride, Felicity Blunt, 31, tell the story of their courtship, its a bloody, gristly narrative. He first got to know Ms. Blunt, a literary agent, at the wedding on Lake Como, Italy, of her younger sister, the actress Emily Blunt, with whom he and Ms. Streep had appeared in The Devil Wears Prada. When he subsequently traveled to London to shoot Captain America: The First Avenger, Felicity, who lived there, showed him some of her favorite restaurants. They occasionally stayed in an apartment above one of them, the Ledbury, and fondly remember retreating there once with two uncooked pheasants that a chef at the Ledbury had given them. For 90 merry minutes, the lovebirds plucked the feathers from the dead birds. Later, when Ms. Blunt visited his home, they got a 26-pound suckling pig to roast and together used various household tools to sever its head before wrestling it onto a spit. It was like Lord of the Flies, said Ms. Blunt, in a dreamy voice, as the couFAMIGLIA, ETC. Top, from left: Stanley Tucci Sr., Felicity Blunt and Joan Tucci prepare grilled sardines, zucchini, focaccia and peaches in wine at the Westchester County home of the actor Stanley Tucci. His Tucci Cookbook is drawn from family recipes.

PHOTOGRAPHS BY TONY CENICOLA/THE NEW YORK TIMES

ple sat on his patio on an afternoon not long ago. Mr. Tucci recalled that he found her in the kitchen the morning after, in her bathrobe, using her bare hands to tear cold flesh from the piglet for a platter of leftover pork. How can you not fall in love with a woman like that? he asked. It was the way the light hit the carcass, Ms. Blunt said. A few weeks after she and Mr. Tucci recounted their suckling-pig experience, his parents joined them to prepare a feast from The Tucci Cookbook, and Ms. Blunt was assigned the filleting of the branzino. Her in-laws complimented her on her deft knife work.

Thats what Im bringing to the marriage, she said. Butchery. Mr. Tuccis parents live in Katonah, N.Y., which is where he grew up, only about 20 miles from Verplanck. He said he realized early on that his family paid an unusual degree of attention to food. I didnt go to school with a lunch bag, he said. I went to school with a grocery bag. Pungent and oil-dappled, it typically contained two or three Italian heroes stuffed with ingredients like peppers and eggs, potatoes and eggs, or eggplant parmigiano. He used to sell it change it for Fluffernutter, Mrs. Tucci said, sounding insulted. Time hadnt extinguished her ire.

ONLINE: ALL TOGETHER NOW

A video and slide show of the actor Stanley Tucci and his family as they prepare a feast:
nytimes.com/dining

Only on occasion, he assured her, when I grew weary of the veal cutlet. While he was in college at the State University of New York at Purchase, he worked briefly as a busboy and bartender in an Italian restaurant in Manhattan thats no longer around. It planted the idea for Big Night, which focuses on a beleaguered restaurants

preparations for a potentially lifesaving visit from a special customer. At the center of those preparations is an elaborate, enormous dough-encased drum of ziti, salami, provolone, eggs and tomato sauce called a timpano. It serves 16, and the Tuccis make one every Christmas. After the movie was released, they were constantly asked for the recipe. It and scores of others appeared in Cucina & Famiglia, published by Morrow Cookbooks in 1999, with Joan Tucci and Gianni Scappin credited as its principal authors. Mr. Scappin had been the head chef at Le Madri, a Manhattan restaurant where Mr. Tucci did research for Big Night. (It closed in 2005.) Mr. Tucci said that Cucina & Famiglia sold well enough, but what impressed him was what happened after it went out of print. On the Web he saw prices for used copies in the hundreds of dollars, and he kept being asked where to find it. The Tucci Cookbook, published by Gallery Books, is his response. It lists him as the main author, reflecting his ever deeper immersion into the world of serious food. Last year he was the host of a short-lived PBS show about wine called Vine Talk, and he has become friendly with several prominent chefs, including Mario Batali, who wrote the foreword to The Tucci Cookbook, and Adam Perry Lang, the sire and former owner of Daisy Mays BBQ USA in Manhattan. Apart from the timpano, most dishes in the book are uncomplicated Italian staples like basil pesto, potato gnocchi, linguine with clam sauce. A reader can compare and contrast meat-and-tomato rags from the Tropianos and Tuccis, and Concettas stuffed artichokes, with bread crumbs and pecorino Romano, are present and accounted for. For the feast made from the book, Mr. Tucci, his parents and Ms. Blunt prepared not only the branzino but also steak oreganato, fettuccine with fresh tomatoes, grilled sardines, a celery salad, a carrot salad, pizza with goat cheese, pizza with mozzarella, peaches in red wine. They divvied up the tasks and caromed through the kitchen, bumping into and occasionally bickering with one another. Mr. Tucci nagged his mother for not slicing the steak more thinly. She nagged her husband for forgetting to take the clams out of the freezer for baking. It was quite a spectacle, and Mr. Lang, who saw a version of it himself when he spent a weekend last summer at Mr. Tuccis house, noted: Its in vogue now to say, The whole family gathers in the kitchen. But they invented that. There are all these people by the stove sauting things and dunking things and putting gravy over things. And, he added, theres always the conversation, while theyre eating, about what theyll be eating the following day.

Adapted from The Tucci Cookbook (Gallery Books) Time: 3 hours

1/ 4

TUCCI RAG SAUCE

cup olive oil 1 pound stewing beef, trimmed of fat, rinsed, patted dry and cut into pieces 1 pound country-style spareribs, trimmed of fat, rinsed, patted dry and cut in half 1 cup coarsely chopped onions 3 cloves garlic, coarsely chopped 1/ cup dry red wine 2 1 6-ounce can tomato paste 8 cups whole plum tomatoes (about two 35-ounce cans), passed through a food mill or pured in a blender or food processor 3 fresh basil leaves 1 tablespoon chopped fresh

oregano leaves, or 1 teaspoon dried 1. In a stew pot over medium-high heat, warm olive oil. Sear stewing beef until brown on all sides, about 10 minutes. Remove from pot, set aside in a bowl. 2. Add spareribs to pot and sear until brown on all sides, about 10 minutes. Remove ribs and set aside in bowl with stewing beef. (If your pot is big enough to hold all the meat in a single layer, it may be cooked at the same time.) 3. Stir onions and garlic into pot. Reduce heat to low and cook until onions begin to soften, about 5 minutes. Stir in wine, scraping bottom of the pot clean. Add

tomato paste to pot. Pour 1/2 cup warm water into tomato paste can to loosen any residual paste and then pour into pot. Cook to warm the paste through, about 2 minutes. Add tomatoes along with additional 1 cup warm water. Stir in basil and oregano. Cover with lid slightly askew and simmer about 30 minutes. 4. Return meat to pot, along with any juices that accumulated in bowl. Cover with lid slightly askew and simmer, stirring frequently, until meat is very tender and tomatoes are cooked, about 2 hours. Warm water may be added to sauce, in 1/2-cup portions, if sauce becomes too thick. Yield: 8 servings

SAMUEL GOLDWYN COMPANY/PHOTOFEST

BIG NIGHT From left, Stanley Tucci, Marc Anthony and Tony Shalhoub with

a timpano, which incorporates the Tucci rag. The full timpano recipe, as well as a streamlined version, can be found at nytimes.com/dining.

D10

THE NEW YORK TIMES, WEDNESDAY, OCTOBER 3, 2012