Former Lab Technician Denies Faulty DNA Work in Rape Cases





A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.




The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.


“My work?” Ms. Mitchell said. “No, no, no, not my work.”


Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.


So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.


The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.


However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”


She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”


Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.


If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.


Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.


“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.


A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.


Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.


Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.


“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”


The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.


But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”


“Given what’s happened,” he said, “that’s cold comfort.”


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Business Briefing | Retailing: Best Buy Shares Rally on Improved Holiday Sales



The Best Buy Company had better-than-expected holiday sales, setting off a gain of $2, or 16.4 percent, in its stock price, to $14.21 a share on Friday. The holiday quarter accounted for about a third of Best Buy’s revenue last year. The chain said that revenue at stores open at least a year fell 1.4 percent for the nine weeks ended Jan. 5. The company’s performance in the United States was flat. The chief executive, Hubert Joly, said in a statement that the result was better than the last several quarters. A Morningstar analyst, R. J. Hottovy, said the results showed that some of Best Buy’s initiatives, like more employee training and online price matching helped increase sales.


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Hotel Fire in Philippines Kills 7, Officials Say





OLONGAPO CITY, Philippines — A fast-moving fire ripped through a small hotel early Friday morning near the former United States naval base in Subic Bay, killing seven people, including four foreign visitors to the area, officials said.




 


The fire started on the ground floor of the Dryden Hotel Subic, in the Barrio Barretto entertainment district, sending flames and smoke into upstairs rooms where guests were sleeping, Jose Borlagdatan, Olongapo City’s chief fire investigator, said in an interview outside the establishment.


 


Fire investigators on the scene described a hellish situation as the fire raged through the hotel’s upper floors, where guests died trying to escape fast-moving flames and intense smoke. One woman was found dead cowering in a cabinet apparently trying to avoid the smoke.


 


“The casualties were the people sleeping upstairs,” said Mr. Borlagdatan, who added that the cause of the blaze was still under investigation.


 


Mr. Borlagdatan said hotel front desk registration records helped identify three American fatalities – James Brigati of Kodiak, Alaska, and Patrick Burt and Joseph Valuso, whose cities of residence were not known. A South Korean national was identified as Kyung Ook Kim of Suwan City.


 


The other casualties were nationals of the Philippines whose identities had not yet been determined, Mr. Borlagdatan said.


 


The fire department received the initial report of the blaze at 3:37 a.m. Friday morning and quickly extinguished it upon arriving at the scene, said Mr. Barlagdatan.


 


Jovy Lustre, a cashier and front desk clerk working at the hotel when the fire broke out, that she was alerted when a co-worker ran from the back of the establishment yelling “fire.”


 


Ms. Lustre said she checked the back of the hotel and saw fire near a back office, with flames licking the ceiling and sending smoke gushing forward. She said she tried to call the fire department but the hotel phone had no dial tone. She ran to a nearby community center to report the incident.


 


“The fire got bigger and bigger,” she said. “It was fast.”


 


On Friday afternoon, the hotel – which is along a national highway about 100 miles north of Manila – appeared gutted. The windows on the second floor, where guests where sleeping when the fire broke out, were broken and the panes were charred.


 


The hotel, lodged between the Lollipop and Rum Jungle nightclubs, which were also damaged in the fire, offered rooms from $20 to $30 for visitors to the beach and entertainment district near Subic Bay.


 


The United States turned over the Subic Bay Naval Base to the Philippines in 1991 and since then the facility has been transformed into a special economic zone. Neighboring Olongapo City was a booming red-light district for decades while the navy base supported the operations of the American navy’s Seventh Fleet.


 


In the 20 years since the base was handed over, Olongapo has retained a red-light district but has also gained popularity as a popular beach resort area for Filipino families seeking to escape the heat and congestion of Manila.


 


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Native Canadians could block development, chief warns






OTTAWA (Reuters) – Native Canadians are so angry that they could resort to blocking resource development and bring the economy “to its knees” unless the Conservative government addresses their grievances, an influential chief said on Thursday.


Native Canadian chiefs are due to meet with Prime Minister Stephen Harper on Friday to discuss the poor living conditions facing many of Canada’s 1.2 million aboriginals.






“We have had enough. Our young people have had enough. Our women have had enough … . We have nothing left to lose,” said Grand Chief Derek Nepinak from the province of Manitoba.


Activists have already blockaded some rail lines and threatened to close Canada’s borders with the United States in a campaign they call “Idle No More.”


Canada has 633 separate native “bands,” each of which have their own communities and lands, and not all share the same opinions. The chief of the Assembly of First Nations, the aboriginal umbrella group, said his members had come to a tipping point, but he made no mention of damaging the economy.


“You cannot ignore what is happening with Idle No More… We will drive the final stake in the heart of colonialism and it will happen in this generation,” Shawn Atleo told a separate news conference.


“First Nations are not opposed to resource development, they are just not supportive of development at any cost,” he said.


Native Canadian leaders say they want more federal money, a greater say over what happens to resources on their land and more respect from the federal Conservative government.


“These are demands, not requests,” said Nepinak. “The Idle No More movement has the people – it has the people and the numbers – that can bring the Canadian economy to its knees. It can stop Prime Minister Stephen Harper’s resource development plan,” Nepinak told reporters in Ottawa.


“We have the warriors that are standing up now, that are willing to go that far. So we’re not here to make requests, we’re here to demand attention,” he said.


Aboriginal bands are unhappy about Enbridge Inc’s plans to build a pipeline from the oil sands of Alberta to the Pacific province of British Columbia, and some say they will not allow the project to go ahead.


Some aboriginal bands oppose the Enbridge pipeline on the grounds that it is too environmentally dangerous while others say the company did not do enough to consult them before applying for permission to go ahead with the project.


“DIPLOMATIC HAND”


Nepinak said he wants to extend a “diplomatic hand” toward resolving the issues and gave no details about what he meant by bringing the economy to its knees.


Nepinak and other Manitoba chiefs are also demanding that Ottawa rescind parts of two recent budget acts they say reduce environmental protection for lakes and rivers, and make it easier to sell lands on the reserves where many natives live.


“We’ve been working tirelessly to gain access through various channels into this Harper regime … . How do we trust the words of this prime minister?” Nepinak asked.


Successive Canadian governments have struggled for decades to improve the life of aboriginals.


Ottawa spends around C$ 11 billion ($ 11.1 billion) a year on its aboriginal population, yet living conditions for many are poor, particularly for those on reserves with high rates of poverty, addiction, joblessness and suicide.


As part of the Idle No More campaign, protesters blocked a Canadian National Railway Co line in Sarnia, Ontario, in late December and early January.


($ 1=$ 0.99 Canadian)


(Reporting by David Ljunggren; Editing by Peter Galloway, Xavier Briand and David Brunnstrom)


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Researchers: NFL's Seau had brain disease


When he ended his life last year by shooting himself in the chest, Junior Seau had a degenerative brain disease often linked with repeated blows to the head.


Researchers from the National Institutes of Health said Thursday the former NFL star's abnormalities are consistent with chronic traumatic encephalopathy, or CTE.


The hard-hitting linebacker played for 20 NFL seasons with San Diego, Miami and New England before retiring in 2009. He died at age 43 of a self-inflicted gunshot in May, and his family requested the analysis of his brain.


"We saw changes in his behavior and things that didn't add up with him," his ex-wife, Gina, told The Associated Press. "But (CTE) was not something we considered or even were aware of. But pretty immediately (after the suicide) doctors were trying to get their hands on Junior's brain to examine it."


The NIH, based in Bethesda, Md., studied three unidentified brains, one of which was Seau's, and said the findings on Seau were similar to autopsies of people "with exposure to repetitive head injuries."


"It was important to us to get to the bottom of this, the truth," Gina Seau added, "and now that it has been conclusively determined from every expert that he had obviously had CTE, we just hope it is taken more seriously. You can't deny it exists, and it is hard to deny there is a link between head trauma and CTE. There's such strong evidence correlating head trauma and collisions and CTE."


In the final years of his life, Seau had wild behavioral swings, according to Gina and to 23-year-old son, Tyler, along with signs of irrationality, forgetfulness, insomnia and depression.


"He emotionally detached himself and would kind of 'go away' for a little bit," Tyler Seau said. "And then the depression and things like that. It started to progressively get worse."


He hid it well in public, they said, but not when he was with family or close friends.


Seau joins a list of several dozen football players who were found to have CTE. Boston University's center for study of the disease reported last month that 34 former pro players and nine who played only college football suffered from CTE.


The NFL faces lawsuits by thousands of former players who say the league withheld information on the harmful effects of concussions. According to an AP review of 175 lawsuits, 3,818 players have sued. At least 26 Hall of Famer members are among the players who have done so.


The National Football League, in an email to the AP, said: "We appreciate the Seau family's cooperation with the National Institutes of Health. The finding underscores the recognized need for additional research to accelerate a fuller understanding of CTE.


"The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is committed to supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels."


NFL teams have given a $30 million research grant to the NIH.


The players' union called the NIH report on Seau "tragic."


"The only way we can improve the safety of players, restore the confidence of our fans and secure the future of our game is to insist on the same quality of medical care, informed consent and ethical standards that we expect for ourselves and for our family members," the NFLPA said in a statement.


"This is why the players have asked for things like independent sideline concussion experts, the certification and credentialing of all professional football medical staff and a fairer workers compensation system in professional football," it said.


Seau is not the first former NFL player who killed himself and later was found to have had CTE. Dave Duerson and Ray Easterling are the others.


Before shooting himself, Duerson, a former Chicago Bears defensive back, left a note asking that his brain be studied for signs of trauma. His family filed a wrongful-death suit against the NFL, claiming the league didn't do enough to prevent or treat the concussions that severely damaged his brain.


Easterling played safety for the Falcons in the 1970s. After his career, he suffered from dementia, depression and insomnia, according to his wife, Mary Ann. He committed suicide last April.


Mary Ann Easterling is among the plaintiffs who have sued the NFL.


Tyler Seau played football through high school and for two years in college. He says he has no symptoms of brain trauma.


"I was not surprised after learning a little about CTE that he had it," Tyler said. "He did play so many years at that level. I was more just kind of angry I didn't do something more and have the awareness to help him more, and now it is too late."


Gina Seau's son Jake, now a high school junior, played football for two seasons but has switched to lacrosse and has been recruited to play at Duke.


"Lacrosse is really his sport and what he is passionate about," she said. "He is a good football player and probably could continue. But especially now watching what his dad went through, he says, 'Why would I risk lacrosse for football?'


"I didn't have to have a discussion with him after we saw what Junior went through."


Her 12-year-old son Hunter has shown no interest in playing football.


"That's fine with me," she said.


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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says





New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.




City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.


Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.


But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.


In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.


“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.


City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.


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Cracks Appear in Cockpit Window of Boeing 787







HONG KONG — Cracks appeared Friday in the cockpit window of a 787 Dreamliner flying in Japan, the latest in a string of mishaps with Boeing’s newest and most sophisticated jet.




The plane was operated by All Nippon Airways and was heading from Tokyo to Matsuyama, in southern Japan. The flight, NH585, which was carrying 237 passengers , departed from Tokyo’s Haneda airport at 9:35 a.m. local time and landed safely. No one was injured, a spokeswoman for the Japanese carrier, Megumi Tezuka, said by phone from Tokyo. The return flight, NH590, which had been due to depart just before midday, was cancelled to allow for the screen to be replaced.


Ms. Tezuka added that this was the third time that cracks had appeared in the windshield of one of the 17 787s operated by ANA, after two similar incidents last year.


The cracks appeared on the outermost of five layers that compose the cockpit screen, and did not endanger the aircraft, Ms. Tezuka said. Moreover, cracks of this kind are not unique to the 787 Dreamliner: other aircraft types operated by ANA also have had cracks appear from time to time.


“We do not see this as a sign of a fundamental problem,” with the aircraft, Ms. Tezuka said.


Still, the incident came just days after three other safety incidents involving the aircraft revived concerns about the plane’s reliability and safety.


On Wednesday, ANA canceled another domestic flight using the 787 after an on-board computer mistakenly showed problems with the aircraft’s brakes.


On Tuesday, a fuel leak forced a 787 operated by rival Japan Airlines to return to its gate minutes before taking off from Boston. And on Monday, an electrical fire had broken out on another plane, also operated by Japan Airlines from Logan International Airport in Boston.


The first commercial aircraft to make extensive use of lightweight carbon composites that promise big fuel savings for airlines, the Dreamliner suffered a series of embarrassing delays during its production phase, and has suffered technical and electrical malfunctions since then.


Although the problems so far do not point to serious design flaws with the airplane, they represent an embarrassment to Boeing’s manufacturing ability, analysts have said.


Japan’s Transport Ministry, which oversees aviation safety in the country, said that the frequency of incidents on the Boeing 787 was not particularly higher than incidents reported for other aircraft.


The ministry, for now, did not see any need to raise alarm over the new aircraft’s safety, said Yasuhiro Yamada, an official in the aircraft safety unit.


Before Friday’s mishap, there were just six incidents on record involving Japanese airlines that caused a 787 Dreamliner to alter flight plans, according to the ministry. In two incidents in December, an ANA flight from Tokyo to Seattle turned back because of a temperature rise in the engine’s turbine, while another ANA 787 aircraft suffered a crack in its cockpit window. Nobody was injured in any of the six incidents, which were deemed by ministry officials as minor.


“Even considering that the 787 is a new aircraft, which tends to come with initial glitches, we are not seeing a higher incidence of reported problems compared to other aircraft,” Mr. Yamada said.


He said the ministry continued to monitor incidents on the 787 and all other aircraft, but did not see a need for concern over the Dreamliner’s safety.


Hiroko Tabuchi contributed reporting from Tokyo.


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Chinese Firm Buys an American Solar Technology Start-Up


Alexander F. Yuan/Associated Press


The chief of MiaSolé, John Carrington, left, at the announcement of the company’s purchase by Hanergy Holding Group, for which Zhou Jiesan is an executive.







Just a few years ago, Silicon Valley investors were pouring money into solar technologies and talking about how they would bring the same kind of innovation to green energy that they had to the computer chip.




But few anticipated that prices for silicon, the main component of traditional solar panels, would plummet or that Chinese manufacturers, backed by enormous subsidies from their government, would increase solar production capacity by a factor of 17 in just four years.


The resulting plunge in solar panel prices wiped out the dream of a new Solar Valley. Despite making advances in the new technology, known as thin-film solar, the American companies just couldn’t compete.


The federal government’s imposition of steep tariffs last year on Chinese conventional panels helped, but the industry had waited so late to apply for the tariffs that balance sheets had already been crippled with accumulated losses and investors had lost interest.


Some thin-film companies went bankrupt, including Solyndra, which had received half a billion dollars in federal subsidies. Others, like Stion, licensed their technology or formed strategic partnerships with large corporations.


On Wednesday, the chief executive of MiaSolé, one of the most promising Silicon Valley solar start-ups, appeared in Beijing for the announcement that Hanergy Holding Group of China had completed the purchase of his company and its technology for a fraction of what investors had put in. Hanergy made its money building hydroelectric dams.


Hanergy’s purchase of the 100-employee MiaSolé, based in Santa Clara, Calif., follows its acquisition in September of the 400-employee thin-film solar unit of Q.Cells, an insolvent German solar company. The two deals have allowed Hanergy to acquire at low cost an array of patents developed for hundreds of millions of dollars of venture capital investments.


“Going head to head against the Asian low-cost, mass-volume crystalline silicon manufacturers is not a wise strategy if you’re trying to produce an ultracheap module in the United States or in high-cost markets,” said Neil Z. Auerbach, managing partner of Hudson Clean Energy Partners, a SoloPower investor. “But if you’re adopting advanced technology, you have a niche strategy in which those incumbents do not have a competitive edge because they don’t really have a product that suits.”


The industry’s broad competitive challenges have prompted American investors to shun the sector. Last year, venture capital financing in the solar sector plummeted nearly 50 percent to $992 million in 103 deals from $1.9 billion in 108 deals in 2011, according to Mercom Capital Group, a clean-tech research and communications company.


Chinese regulators, too, have begun trying to deal with the overcapacity, discouraging their banks from making more large loans to the solar panel sector.


Li Hejun, the chairman of Hanergy, said at the news conference in Beijing that the company’s hydroelectric dams produce several hundred million dollars a year in free cash flow, so it can finance its own investments in solar, which already include six thin-film solar factories, plus three more under construction.


“Everyone knows about the overcapacity in solar energy industry in China, but for us industrial insiders, this overcapacity is but a relative one,” he said. “For those who have technology, the situation is the opposite.”


The thin-film technology championed by the Silicon Valley start-ups uses more exotic materials than conventional solar panels, which are made from crystalline silicon.


Most thin-film modules are slightly less efficient at converting sunlight into electricity than conventional panels, but they are much lighter, which makes them easier to mount in locations that may not support the weight of conventional panels.


Supporters of thin-film technology contend that it has the potential for considerable further efficiency gains that may not be possible for conventional panels, which have been researched for decades. And some research has shown that thin-film can outperform conventional silicon-based panels at high temperatures, such as in deserts, where solar farms are often located.


The technology’s promise attracted the attention of the Obama administration, which provided clean-energy grants and loans to some of the companies, although not to MiaSolé.


Diane Cardwell reported from New York and Keith Bradsher from Hong Kong. Patrick Zuo contributed research from Beijing.



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Facebook to hold press event, stock passes $30






NEW YORK (AP) — Shares of Facebook are pushing above $ 30 for the first time since July after it sent out invitations to “come and see what we’re building” Tuesday at its headquarters in Menlo Park, Calif.


The company will say nothing more about the event. Speculation Wednesday ranged from a Facebook phone, something the company has consistently denied exists, to new search capabilities that would put it into direct competition with Google Inc.






The company emailed invitations to reporters and bloggers Tuesday and by Wednesday, shares passed the $ 30 mark for the first time since July.


Though still below its initial public offering price of $ 38, shares of Facebook Inc. have risen steadily since November as investors grow more confident that the social media site can make money through its growing mobile audience.


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Steroids fallout: No BB Hall for Bonds, Clemens


NEW YORK (AP) — No one was elected to the Hall of Fame this year. When voters closed the doors to Barry Bonds, Roger Clemens and Sammy Sosa, they also shut out everybody else.


For only the second time in four decades, baseball writers failed to give any player the 75 percent required for induction to Cooperstown, sending a powerful signal that stars of the Steroids Era will be held to a different standard.


All the awards and accomplishments collected over long careers by Bonds, Clemens and Sosa could not offset suspicions those feats were boosted by performance-enhancing drugs.


Voters also denied entry Wednesday to fellow newcomers Craig Biggio, Mike Piazza and Curt Schilling, along with holdovers Jack Morris, Jeff Bagwell and Lee Smith.


Among the most honored players of their generation, these standouts won't find their images among the 300 bronze plaques on the oak walls in Cooperstown, where — at least for now — the doors appear to be bolted shut on anyone tainted by PEDs.


"After what has been written and said over the last few years I'm not overly surprised," Clemens said in a statement he posted on Twitter.


Bonds, Clemens and Sosa retired after the 2007 season. They were eligible for the Hall for the first time and have up to 14 more years on the writers' ballot.


"Curt Schilling made a good point, everyone was guilty. Either you used PEDs, or you did nothing to stop their use," Hall of Famer Mike Schmidt said in an email to The Associated Press after this year's vote was announced. "This generation got rich. Seems there was a price to pay."


Biggio, 20th on the career list with 3,060 hits, appeared on 68.2 percent of the 569 ballots, the highest total but 39 votes shy. The three newcomers with the highest profiles failed to come close to even majority support, with Clemens at 37.6 percent, Bonds at 36.2 and Sosa at 12.5.


Other top vote-getters were Morris (67.7), Jeff Bagwell (59.6), Piazza (57.8), Tim Raines (52.2), Lee Smith (47.8) and Schilling (38.8).


"I'm kind of glad that nobody got in this year," Hall of Famer Al Kaline said. "I feel honored to be in the Hall of Fame. And I would've felt a little uneasy sitting up there on the stage, listening to some of these new guys talk about how great they were. ... I don't know how great some of these players up for election would've been without drugs. But to me, it's cheating."


At ceremonies in Cooperstown on July 28, the only inductees will be three men who died more than 70 years ago: Yankees owner Jacob Ruppert, umpire Hank O'Day and barehanded catcher Deacon White. They were chosen last month by the 16-member panel considering individuals from the era before integration in 1947.


"It is a dark day," said Jose Canseco, the former AL MVP who was among the first players to admit using steroids. "I think the players should organize some type of lawsuit against major league baseball or the writers. It's ridiculous. Most of these players really have no evidence against them. They've never tested positive or they've cleared themselves like Roger Clemens."


It was the eighth time the BBWAA failed to elect any players. There were four fewer votes than last year and five members submitted blank ballots.


"With 53 percent you can get to the White House, but you can't get to Cooperstown," BBWAA secretary-treasurer Jack O'Connell said. "It's the 75 percent that makes it difficult."


There have been calls for the voting to be taken away from the writers and be given to a more diverse electorate that would include players and broadcasters. The Hall says it is content with the process, which began in 1936.


"It takes time for history to sort itself out, and I'm not surprised we had a shutout today," Hall President Jeff Idelson said. "I wish we had an electee. I will say that, but I'm not surprised given how volatile this era has been in terms of assessing the qualities and the quantities of the statistics and the impact on the game these players have had."


Bonds, baseball's only seven-time Most Valuable Player, hit 762 home runs, including a record 73 in 2001. He was indicted on charges he lied to a grand jury in 2003 when he denied using PEDs but a jury two years ago failed to reach a verdict on three counts he made false statements and convicted him on one obstruction of justice count, finding he gave an evasive answer.


"It is unimaginable that the best player to ever play the game would not be a unanimous first-ballot selection," said Jeff Borris of the Beverly Hills Sports Council, Bonds' longtime agent.


Clemens, the only seven-time Cy Young Award winner, is third in career strikeouts (4,672) and ninth in wins (354). He was acquitted last year on one count of obstruction of Congress, three counts of making false statements to Congress and two counts of perjury, all stemming from his denials of drug use.


"To those who did take the time to look at the facts," Clemens said, "we very much appreciate it."


Sosa, eighth with 609 home runs, was among those who tested positive in MLB's 2003 anonymous survey, The New York Times reported in 2009. He told a congressional committee in 2005 that he never took illegal performance-enhancing drugs.


Since 1961, the only years the writers didn't elect a candidate had been when Yogi Berra topped the 1971 vote by appearing on 67 percent of the ballots cast and when Phil Niekro headed the 1996 ballot at 68 percent — both got in the following years. The other BBWAA elections without a winner were in 1945, 1946, 1950, 1958 and 1960.


Morris will make his final ballot appearance next year, when fellow pitchers Greg Maddux and Tom Glavine are eligible for the first time along with slugger Frank Thomas.


"Next year, I think you'll have a rather large class, and this year, for whatever reasons, you had a couple of guys come really close," Commissioner Bud Selig said at the owners' meetings in Paradise Valley, Ariz. "This is not to be voted to make sure that somebody gets in every year. It's to be voted on to make sure that they're deserving. I respect the writers as well as the Hall itself. This idea that this somehow diminishes the Hall or baseball is just ridiculous in my opinion."


Players' union head Michael Weiner called the vote "unfortunate, if not sad."


"To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify. Moreover, to penalize players exonerated in legal proceedings — and others never even implicated — is simply unfair. The Hall of Fame is supposed to be for the best players to have ever played the game. Several such players were denied access to the Hall today. Hopefully this will be rectified by future voting."


The BBWAA election rules say "voting shall be based upon the player's record, playing ability, integrity, sportsmanship, character, and contributions to the team(s) on which the player played."


An Associated Press survey of 112 eligible voters conducted in late November after the ballot was announced indicated Bonds, Clemens and Sosa would fall well short of 50 percent. The big three drew even less support than that as the debate raged over who was Hall worthy.


Voters are writers who have been members of the BBWAA for 10 consecutive years at any point.


BBWAA president Susan Slusser of the San Francisco Chronicle said she didn't vote for Bonds, Clemens or Sosa.


"The evidence for steroid use is too strong," she said.


As for Biggio, "I'm surprised he didn't get in."


Mark McGwire, 10th on the career home run list with 583, received 16.9 percent on his seventh try, down from 19.5 last year. He got 23.7 percent in 2010 — a vote before he admitted using steroids and human growth hormone.


Rafael Palmeiro, among just four players with 500 homers and 3,000 hits along with Hank Aaron, Willie Mays and Eddie Murray, received 8.8 percent in his third try, down from 12.6 percent last year. Palmeiro received a 10-day suspension in 2005 for a positive test for performance-enhancing drugs, claiming it was due to a vitamin vial given to him by teammate Miguel Tejada.


MLB.com's Hal Bodley, the former baseball columnist for USA Today, said Biggio and others paid the price for other players using PEDs.


"They got caught in the undertow of the steroids thing," he said.


Bodley said this BBWAA vote was a "loud and clear" message on the steroids issue. He said he couldn't envision himself voting for stars linked to drugs.


"We've a forgiving society, I know that," he said. "But I have too great a passion for the sport."


NOTES: There were four write-in votes for career hits leader Pete Rose, who never appeared on the ballot because of his lifetime ban that followed an investigation of his gambling while manager of the Cincinnati Reds. ... Two-time NL MVP Dale Murphy received 18.6 percent in his 15th and final appearance. ... At the July 28 ceremonies, the Hall also will honor Lou Gehrig and Rogers Hornsby among a dozen players who never received formal inductions because of restrictions during World War II. ... Piazza has a book due out next month that could change the view of voters before the next election.


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AP Sports Writers Dan Gelston, Mike Fitzpatrick, John Marshall and Ben Walker contributed to this report.


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